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Tenrec V. USCIS
''Tenrec v. USCIS'', colloquially known as the H-1B Lottery Lawsuit, was a class action lawsuit brought against United States Citizenship and Immigration Services, challenging the lottery process used to decide which cap-subject H-1B Form I-129 petitions to adjudicate in case more petitions were received than the cap for the fiscal year. The plaintiffs were two pairs of H-1B petitioner (employer) and beneficiary (prospective employee). The case was decided against the plaintiffs, and an appeal was withdrawn after both plaintiffs withdrew. Background Legislative caps The H-1B visa was introduced in its present form by the Immigration Act of 1990, with an annual cap of 65,000 for temporary skilled workers. The quotas apply for each fiscal year that begins in October of the previous calendar year. Form I-129 petitions can be filed at most six months in advance of the start date, so the start date for filing petitions for a given fiscal year is April of the preceding calendar y ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Citizenship And Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service (INS), which was dissolved by the Homeland Security Act of 2002 and replaced by three components within the DHS: USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP). USCIS performs many of the duties of the former INS, namely processing and adjudicating various immigration matters, including applications for work visas, asylum, and citizenship. Additionally, the agency is officially tasked with safeguarding national security, maintaining immigration case backlogs, and improving efficiency. Ur Jaddou has been the director of USCIS since August 3, 2021. Functions USCIS processes immigrant visa petitions, naturalization applications, asylum applications, applications for adjustment of status ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
H-1B Visa
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years; after which the visa holder may need to reapply. Laws limit the number of H-1B visas that are issued each year: 188,100 new and initial H-1B visas were issued in 2019. Employers must generally withhold Social Security and Medicare taxes from the wages paid to employees in H-1B status. The H-1B visa has its roots in the H1 visa of the Immigration and Nationality Act of 1952; the split between H-1A (for nurses) and H-1B was created by the Immigration Act of 1990. 65,000 H-1B visas were made available each fiscal year, out of which employers could apply through Labor Condition Applications. Addition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Form I-129
Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain (or amend the details of) a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job (on or after the indicated start date) if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long (8 pages for the main form, and the remaining pages for various supplements not all of which may be applicable to every petition) and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms. Visa statuses for whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration Act Of 1990
The Immigration Act of 1990 () was signed into law by George H. W. Bush on November 29, 1990. It was first introduced by Ted Kennedy, Senator Ted Kennedy in 1989. It was a national reform of the Immigration and Nationality Act of 1965. It increased total, overall immigration to allow 700,000 immigrants to come to the U.S. per year for the fiscal years 1992–94, and 675,000 per year after that. It provided family-based immigration visa, created five distinct employment based visas, categorized by occupation, and a diversity visa program that created a lottery to admit immigrants from "low admittance" countries or countries whose citizenry was underrepresented in the U.S. Besides these immigrant visas there were also changes in Nonimmigrant visa, nonimmigrant visas like the H-1B visa for highly skilled workers. There were also cutbacks in the allotment of visas available for extended relatives. Congress also created the temporary protected status (TPS visa), which the Attorney Gen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
H-1B Visa Reform Act Of 2004
The H-1B Visa Reform Act of 2004 was a part of Title IV of the Consolidated Appropriations Act, 2005 (sometimes also called the Omnibus Appropriations Act of 2005) in the United States that focused on changes to regulations governing H-1B visas. It was a successor to previous legislative changes affecting the H-1B, namely: the Immigration Act of 1990, American Competitiveness and Workforce Improvement Act (ACWIA) of 1998, and the American Competitiveness in the 21st Century Act (AC21) of 2000. The Consolidated Appropriations Act was signed by George W. Bush, then President of the United States, in early December 2004. Title IV of the Consolidated Appropriations Act had another component pertaining to immigration regulations, namely the L-1 Visa Reform Act of 2004, that pertained to L-1 visas. Provisions Addition of some cap-exempt slots for people with graduate degrees Prior to this Act, there were 195,000 slots available under the annual H-1B cap. Nonprofit research institutio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Government Publishing Office
The United States Government Publishing Office (USGPO or GPO; formerly the United States Government Printing Office) is an agency of the legislative branch of the United States Federal government. The office produces and distributes information products and services for all three branches of the Federal Government, including U.S. passports for the Department of State as well as the official publications of the Supreme Court, the Congress, the Executive Office of the President, executive departments, and independent agencies. An act of Congress changed the office's name to its current form in 2014. History The Government Printing Office was created by congressional joint resolution () on June 23, 1860. It began operations March 4, 1861, with 350 employees and reached a peak employment of 8,500 in 1972. The agency began transformation to computer technology in the 1980s; along with the gradual replacement of paper with electronic document distribution, this has led to a stea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Register
The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on federal holidays. The final rules promulgated by a federal agency and published in the ''Federal Register'' are ultimately reorganized by topic or subject matter and codified in the '' Code of Federal Regulations'' (CFR), which is updated annually. The ''Federal Register'' is compiled by the Office of the Federal Register (within the National Archives and Records Administration) and is printed by the Government Publishing Office. There are no copyright restrictions on the ''Federal Register''; as a work of the U.S. government, it is in the public domain. Contents The ''Federal Register'' provides a means for the government to announce to the public changes to government requirements, policies, and guidance. * Proposed new rules and regulat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Immigration Lawyers Association
The American Immigration Lawyers Association (AILA), founded on October 14, 1946, is a voluntary bar association of over 15,000 attorneys and law professors who practice and teach immigration law. AILA member attorneys represent U.S. families seeking permanent residence for close family members, as well as U.S. businesses seeking talent from the global marketplace. AILA members also represent foreign students, entertainers, athletes, and asylum seekers, often on a pro bono basis. AILA is a nonpartisan, not-for-profit organization that provides continuing legal education, information, professional services, and expertise through its 38 chapters and over 50 national committees. Its national headquarters are in Washington, D.C. History Originally called the Association of Immigration and Nationality Lawyers, the association was founded on October 14, 1946, by a group of 19 immigration lawyers and professionals in Manhattan, New York. Twelve of the association founders had recentl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Information Act (United States)
The Freedom of Information Act (FOIA), , is the U.S. federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the United States government, state, or other public authority upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches. Apart from the U.S. federal government's Freedom of Information Act, the U.S. states have their own varying freedom of information laws. The Freedom of Information Act is c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Law Review
''The National Law Review'' is an American law journal, daily legal news website and legal analysis content-aggregating database. In both 2020 and 2021, the National Law Review published over 20,000 legal news articles and experienced an uptick in readership averaging 4.3 million readers in both March and April 2020, due to the demand for news regarding the COVID-19 Pandemic. The site offers hourly legal news updates and analysis of recent court decisions, regulatory changes and legislative actions and includes a combinations of original content and content submitted by various professionals in the legal and business communities. The online version of ''The National Law Review'' was started as a research tool by a group of corporate attorneys looking to store and classify useful and reputable legal analysis and news they located on the internet. The National Law Review has grown to one of the most widely read business law websites in the United States. The on-line version conta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The District Of Oregon
The United States District Court for the District of Oregon (in case citations, D. Ore. or D. Or.) is the United States district court, federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union. Appellate jurisdiction belongs to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). Matthew Deady, Matthew P. Deady served as its first judge. Marco A. Hernandez is the current chief judge. The United States Attorney's Office for the District of Oregon represents the United States in civil and criminal litigation in the court. , the United States Attorney is Natalie K. Wight. Organization The court has four divisional offices within the state (three with staff): Portland, Oregon, Portland, Eugene, Oregon, Eugene, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Procedure Act (United States)
The Administrative Procedure Act (APA), , is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law. The APA applies to both the federal executive departments and the independent agencies. U.S. Senator Pat McCarran called the APA "a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal government agencies. The text of the APA can be found under Title 5 of the United States Code, beginning at Section 500. There is a similar Model State Administrative Procedure Act (Model State APA), which was drafted by the National Conference of Commissioners on Uniform State Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
