By Roujin Mozaffarimehr On February 3, 2021, USCIS issued a new Policy Memorandum[1] that rescinds the Trump-era Computer Programmer Policy Memorandum.[2] This 2021 Policy Memorandum was issued in direct response to the decision issued in the Ninth Circuit in Innova Solutions v. Baran. By way of background, in December 2000, the Director of the USCIS…
by Roujin Mozaffarimehr On January 25, 2021, President Biden signed an Executive Order[1] which effectively revoked President Trump’s Buy American and Hire American Executive Order (commonly known as “BAHA”).[2] On April 18, 2017, President Trump signed the Buy American and Hire American Executive order, which was used as the basis for many restrictive immigration policies…
By Radhika Balaji, Associate Attorney As part of the Day 1 Executive Actions signed by President Biden, a memorandum for a regulatory freeze on federal agency actions has been issued to ensure that the new and pending rules that were issued by the Trump administration have been reviewed by President Biden’s new appointees and designees.…
On his first day in office, President Biden signed seventeen (17) executive orders and proclamations; 6 of which relate to immigration. These are mainly aimed at reversing some of the most restrictive immigration measures by former president Trump. Here is our brief summary: President Biden Revokes Muslim and African Travel Bans. In 2017 the Trump…
By Roujin Mozaffarimehr This week, two District Courts set aside the Interim Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 85 FR 63872 (Oct. 8, 2020), of the U.S. Department of Labor (DOL). The U.S. District Court for the Northern District of California (Chamber of…
by Roujin Mozaffarimehr On October 7, 2020, the Department of Labor published an interim final rule (IFR) (85 FR 63918) that dramatically changes the calculation methodology of the prevailing wage for OES-based wage levels for all occupations. This new rule took effect immediately on October 8, 2020 and impacts wage rates for H-1Bs, H-1B1s, and…
By Radhika Balaji, Associate Attorney The COVID-19 pandemic has led to an unprecedent amount of uncertainty—several proclamations, travel restrictions, and government lock downs have prevented many from freely traveling back to the US. Unfortunately, amidst the pandemic, the USCIS has not provided relief to Legal Permanent Residents (LPRs) of the US who are stuck out…
By Radhika Balaji, Associate Attorney On August 3, 2020, President Donald Trump signed an Executive Order (EO 13940) on “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.”[1] This EO directs heads of federal agencies to review federal contracts and assess any negative impact on U.S. workers stemming from the use of…
By Roujin Mozaffarimehr On Friday July 31st, The Department of Labor (DOL) announced that it entered into a Memorandum of Agreement (MOA) with the United States Citizenship and Immigration Services (USCIS). The MOA will allow the two departments to share immigrant and nonimmigrant petition records and data. This includes data within the Office of Foreign…
By Roujin Mozaffarimehr As we reported back in June, on June 22, 2020, President Donald Trump signed a Presidential Proclamation suspending the entry of H-1B and H-2B visas and accompanying dependents, certain J visas, and L visas and accompanying dependents, and extending the April 2020 suspension on certain immigrants. banning visa issuance through December 31, 2020. The…