There are some obvious areas where wecan expect to see activity in business immigration 2020. Here are a few topics that we will keepingour eye on this year:
New H-1B Cap Process
The USCIShas confirmed that it will use an electronic pre-registration systemfor 2020 (Fiscal Year 2021). Under thisprogram, H-1B petitioners and beneficiaries must be registered between March1-20, 2020. Please join us for ateleconference on the new H-1B registration system to learn more. REGISTER.
H-1B Specialty Occupation Rule
The USCIS recently publishednotice that it intends to revise the definition of specialtyoccupation, with an aim to restricting the number of people who qualify for theH-1B visa. It remains to be seen whatthe revised definition says and whether or not the USCIS oversteps itsauthority with a new rule. TheUSCIS continually is sued on these issues and usually settles thecase by reopening and approving the H-1B petition.
H-1B Employer-Employee Rule
Likewise, USCIS will also seek torevise the H-1B rule by creating a stricter law on who can be an H-1Bemployer. USCIS’ own regulation saysthat its aim is to “to better protect U.S. workers and wages,” which hastraditionally been the Department of Labor, not the USCIS’ role. Again, we expect to see lawsuits if the USCISexceeds the rules set forth by Congress.
Recession of the H-4 / EAD rule
The Trump Administration has, foryears, sought to eliminate the H-4/EAD rule. A recentUSCIS court filing indicates that the rule rescinding workauthorization could happen in March.