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Nadine T. TrinhBlog Posts

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Prevailing Wage Rule for High-Skilled Foreign Workers Effective November 2022

The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work visa cases, as well as for PERM cases, is delayed to November 14, 2022. The Biden Administration states that it continues to... Continue Reading
May 19, 2021

Public Charge Rule Blocked by Federal Court

On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions blocking USCIS from enforcing the “new” Public Charge Rule in 18 states and the District of Columbia. The Court found the rule was inconsistent with any reasonable interpretation of the statute which requires long-term dependence on government support, not temporary resort to... Continue Reading…
December 4, 2020

Public Charge Rule Blocked by Federal Court

On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions blocking USCIS from enforcing the “new” Public Charge Rule in 18 states and the District of Columbia. The Court found the rule was inconsistent with any reasonable interpretation of the statute which requires long-term dependence on government support, not temporary resort to... Continue Reading
December 4, 2020

Travelers from New York Allowed into Trusted Traveler Programs Again

New Yorkers can once again register for Trusted Traveler Programs. However, registrants should note that, due to COVID-19, Trusted Traveler Enrollment Centers are closed until at least September 8, 2020. In early February 2020, the Department of Homeland Security (DHS) prohibited New Yorkers from registering or re-registering for Trusted Traveler Programs, including Global Entry, SENTI,... Continue Reading
August 7, 2020

Goal of Establishing Merit-Based Immigration System Undermined by Visa Hurdles

The Trump Administration has indicated it wants to establish a merit-based immigration system focusing on bringing more high-skilled workers to the United States. According to one Administration official, the aim is to attract “individuals who provide a cure for cancer or build that first subdivision on Mars.” Yet, it is becoming harder to obtain visas...… Continue Reading
September 16, 2019

Bill for New Visa Waiver Program for Caribbean States to Enter U.S. Virgin Islands Introduced

While all citizens of 38 (primarily European) visa waiver-eligible nations may enter the U.S. Virgin Islands for up to 90 days using ESTA, and United States citizens may enter most of the Caribbean Community Member States (CARICOM) for tourism or as business visitors without a visa, citizens of CARICOM cannot enter the U.S. Virgin Islands without...… Continue Reading
January 25, 2019

Proposed ‘Public Charge’ Rule Kicks Up Controversy

The 60-day comment period for the Administration’s new “public charge” rule just closed. There is currently no definition for “public charge” in the rule, but a public charge is understood to be an alien who depends on the government for subsistence, as demonstrated by the receipt of cash assistance for income maintenance or institutionalization for...… Continue Reading
December 11, 2018

Requirements for H-1B Petitions Involving Third-Party Worksites Are Unlawful, Lawsuit Alleges

USCIS has exceeded its authority in issuing additional requirements on H-1B petitions involving third-party worksites, a suit filed in New Jersey seeking a temporary restraining order alleges. Just before the 2019 H-1B filing deadline, USCIS issued a memorandum clarifying that petitioners who send employees to third-party worksites must provide significantly more evidence to show that...… Continue Reading
May 15, 2018

Department of State Begins Accepting Applications for Diversity Immigrant Visa Lottery on October 3

Registration for the Department of State’s Diversity Lottery will be opened from noon EDT on October 3, 2017, to noon EDT on November 7, 2017. This program makes 50,000 immigrant visas available to individuals from countries with low rates of immigration to the U.S. The lottery registration and application process is conducted completely online and...… Continue Reading
September 26, 2017

Push to Protect American Jobs: Round-up on Proposed Reforms to H-1B, L-1 Visas

Reforming the H-1B program “is an issue we are closely and carefully looking at,” Donald Trump had said during the campaign. This sentiment is shared by Congress, as evidenced by the slew of legislation proposed across both sides of the aisle. Senator Dick Durbin (D. Ill.) first introduced a bill in 2007 to cure what … Continue Reading
April 14, 2017

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