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U.S. Citizenship and Immigration Services (USCIS) has agreed to a settlement with the business group ITServe Alliance that overturns 10 years of policies restricting employers and H-1B visa holders. The settlement follows a pivotal March 10, 2020, District Court opinion that repudiated key USCIS actions and a May 20, 2020, judge’s opinion in Georgia that ruled against USCIS policies.
For many companies, the problems with USCIS began with the “Neufeld” memo issued on January 8, 2010. In that memo, USCIS asserted the authority to deny H-1B petitions based on a potentially restrictive understanding of what constituted an “employer-employee” relationship, including when an H-1B visa holder performed work at a customer’s location. (more…)
Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak
The 2019 Novel Coronavirus (COVID-19) has significantly disrupted the livelihoods of Americans. In Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), I declared that the COVID–19 outbreak in the United States constituted a national emergency, beginning March 1, 2020. Since then, the American people have united behind a policy of mitigation strategies, including social distancing, to flatten the curve of infections and reduce the spread of SARS–CoV–2, the virus that causes COVID-19. This needed behavioral shift has taken a toll on the United States economy, with national unemployment claims reaching historic levels. In the days between the national emergency declaration and April 11, 2020, more than 22 million Americans have filed for unemployment. (more…)
WASHINGTON — President Trump said on Monday evening that he intended to close the United States to people trying to immigrate into the country to live and work, a drastic move that he said would protect American workers from foreign competition once the nation’s economy began to recover from the shutdown caused by the coronavirus outbreak.
“In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens,” Mr. Trump wrote on Twitter, “I will be signing an Executive Order to temporarily suspend immigration into the United States!”
U.S. Citizenship and Immigration Services (USCIS) announced it has received sufficient electronic registrations to reach the FY 2021 numerical limit and has notified all employers whose H-1B registrations were selected. Under the new system, those companies whose registrations were chosen must prepare and submit applications (and have them approved) to receive H-1B petitions. What does history tell us about how many companies will follow through with their applications in light of the current economic downturn?
To read this article in full, please visit the Forbes website found here.