News

The International Technological University (ITU) has agreed to settle allegations related to student visa fraud. ITU will pay the United States $1.17 Million under the qui tam (whistle blower) provisions of the False Claim Act.

ITU is a non-profit educational institution located in Santa Clara, California. The organization participates in the Student and Exchange Visitor Program which is a component within the Homeland Security Investigations (HSI). HSI certifies educational outlets that focus on enrolling nonimmigrant students to qualify for the Student and Exchange Visitor Program.

The Biden Administration issued an executive order instituting a regulatory freeze. The executive order recommended that all currently published rules which are not already in effect be delayed 60 days, to give the new administration and other interested parties a chance to review. However, the recommended delay is not automatic – it requires official agency action.
Comments on the proposed delayed effective date will be accepted for 15 days after this document is published in the Federal Register.

Today, the DOL took action to delay the H-1B Final Rule which changes the computation of wages by adjusting the percentiles of each wage level. An advance copy of the  DOL proposal was released, which is to be officially published in the Federal Register on 2/1/2021.

This is good news for H-1B petitioners, as this rule is expected to significantly increase H-1B wages. Read more to find out the details.

President Biden announced a set of proposed changes to the U.S. immigration system with a comprehensive bill that changes the immigration landscape for many. Notably, foreign nationals who hold Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), STEM graduates, and those facing removal and deportation proceedings are potentially affected. The comprehensive bill also provides sweeping changes to the immigration process for undocumented immigrants providing for a clear path to immigration. The bill also proposes granting immigration judges greater discretionary power.

On January 20, 2021, President Biden issued a series of executive orders, with several immediately impacting immigration. As expected, President Biden issued orders to preserve and fortify DACA, as well as lifting President Trump’s “Muslim ban.”  But in a move which should bring much needed relief for ILBSG’s clients engaged in the H-1B program, President Biden also issued a memorandum for the heads of executive departments and agencies instituting a regulatory freeze pending review.

Just prior to his inauguration, President Biden released details of the U.S. Citizenship Act of 2021 which will shortly be released to Congress. Three pillars are included in the proposed act, including a path to citizenship for undocumented individuals, family-based immigration, and employment opportunities for international talent. The provisions with the greatest impact for ILBSG’s clients are explained in this article.

Due to the ongoing Covid-19 pandemic, many people are working from home. This has implications for H-1B holders. So, it is important that H-1B employers and beneficiaries remain vigilant to ensure complete compliance. To that end, we have outlined some important considerations for some of the most common scenarios. Make sure you are in compliance.

A second set of new wage requirements for H-1B specialty occupation visa holders and employment-based green card applicants have been announced by the U.S. Labor Department. The latest change included a phased-in approach to wage level changes, based on responses to the interim rule issued in October 2020.

Biden says he’ll introduce immigration legislation “immediately” after taking office. Biden adds his Justice Department will investigate the Trump administration’s separation of migrant children from their parents. These comments were made at a press conference on January 8, 2021.

The Department of Homeland Security (DHS) released a final rule changing the lottery for H-1B Visas. The ruling affects specialty occupation visas. The proposed selection process bases selection on the individual’s wages, rather than random selection. In other words, Wage Level IV registrations will be prioritized first, then Wage Level III, and so on until the selection process is complete.