As a result of recent federal litigation, the COVID-19 pandemic,
and the Trump Administration's efforts to protect U.S.
workers and wages, there have been several U.S. immigration
developments. This writing will provide an update of some of these
recent U.S. immigration developments and the potential impact on
U.S. employers and foreign nationals.
U.S. District Court Issues Decision to Set Aside the
U.S. Department of Labor's and U.S. Department of Homeland
Security's H-1B/PERM rules: The U.S.
Department of Labor (DOL) and the U.S. Department of Homeland
Security (DHS) issued two interim final rules (IFR) in the last
quarter of 2020 that negatively impacted the H-1B and PERM labor
certification programs. Specifically, these rules made it
more difficult and costly for U.S. employers to sponsor foreign
nationals for the H-1B category or a U.S. Green Card through the
PERM labor certification program. The DOL rule (Strengthening
Wage Protections for the Temporary and
