There are some obvious areas where we can expect to see activity in business immigration 2020. Here are a few topics that we will keeping our eye on this year:
New H-1B Cap Process
The that it will use an electronic pre-registration system for 2020 (Fiscal Year 2021). Under this program, H-1B petitioners and beneficiaries must be registered between March 1-20, 2020. Please join us for a teleconference on the new H-1B registration system to learn more. .
H-1B Specialty Occupation Rule
The USCIS recently that it intends to revise the definition of specialty occupation, with an aim to restricting the number of people who qualify for the H-1B visa. It remains to be seen what the revised definition says and whether or not the USCIS oversteps its authority with a new rule. on these issues and usually settles the case by reopening and approving the H-1B petition.
H-1B Employer-Employee Rule
Likewise, USCIS will also seek to revise the H-1B rule by creating a stricter law on who can be an H-1B employer. USCIS’ own regulation says that its aim is to “to better protect U.S. workers and wages,” which has traditionally been the Department of Labor, not the USCIS’ role. Again, we expect to see lawsuits if the USCIS exceeds the rules set forth by Congress.
Recession of the H-4 / EAD rule
The Trump Administration has, , sought to eliminate the H-4/EAD rule. A indicates that the rule rescinding work authorization could happen in March.