Government Updates

Strengthening the H-1B Non-Immigrant Visa Classification Program (Department of Homeland Security)

This DHS rule largely focuses on revamping the definition of specialty occupation and third-party worksites. Under the new rule employers must demonstrate to DHS that a direct relationship exists between the stipulated required degree field and the duties for the position. In simple terms, more scrutiny will be given to applications to demonstrate the position meets the definition of “specialty occupation”.

Employees located at sites that are not owned, leased, or operated by the University will be limited to one year approvals. This rule could affect some of our UC positions and could make it more difficult to obtain H-1B visas for certain positions.

Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States (Department of Labor)

On October 8, 2020, the Department of Labor (DOL) published an interim final rule that modifies how Prevailing Wage Determinations (PWD) are issued for nonimmigrant workers in the H-1B and E-3 visa classifications as well as the Program Electronic Review Management (PERM) system used for permanent resident petitions. This rule is effective immediately and focuses on wages paid to employees.

In enacting this interim rule, the DOL argues that previous wage levels were artificially low which provided an incentive for employers to hire and retain foreign workers at wages well below their U.S. counterparts. As a result, DOL has adjusted the PWD wage levels, increasing many levels by $30,000 or more. If this rule is not changed (or legally challenged), fewer H-1B hires will be possible. Instead, employees will need to be hired on different immigration status (J-1 or O-1), provided they qualify.

On September 5, 2017, President Trump announced that Deferred Action for Early Childhood Arrivals (DACA) was being rescinded and that that new applications for individuals seeking Deferred Action status would no longer be accepted. 

On January 9, 2018, U.S. District Court judge William Alsup ordered a nation-wide temporary injunction on the Trump Administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) program, stating the decision to end the program was based on a “flawed legal premise.” This decision orders the federal government to resume accepting renewal applications from anyone who had DACA status before Sept. 5, 2017. The USCIS was ordered to post “reasonable public notice” on the process to apply to renew DACA.

Students needing assistance with the DACA renewal application fee may want to visit the Mission Asset Fund. This organization is providing grants for the renewal application fees.

On April 24, 2018, Washington DC federal judge John Bates ruled that the Trump administration’s claim that  DACA was unconstitutional “was virtually unexplained.” As a result, he has given the administration 90 days to better explain why DACA is unconstitutional. This opens the door potentially for those who have never held DACA status before, but who otherwise qualify, to apply for DACA protection. Currently, only those hold the status or held the status prior to September 5, 2016 can apply for extensions. This ruling could change that by the end of July. We will monitor the administration’s response to ruling and update this site when more details are available.

Students could have a visa denied based on national security issues if they are from countries that sponsor terrorism or if they are studying in fields that fall on the Technology Alert List. At the very least, such individuals will have to undergo a security clearance by the U.S. Department of State before a visa can be issued. This security clearance could take several months to complete.

The Technology Alert List consists of a “Critical Fields List” as well as a Department of State list of designated “State Sponsors of Terrorism." Studying or conducting research in a critical field or originating from a designated state will make a student or scholar subject to a security clearance check before their visa is issued.