Headlines: Ninth Circuit Rejects USCIS Reasoning on H-1B Computer Programmer as ‘Specialty Occupation’ – The Ninth Circuit ruled that USCIS’s denial of a visa for a computer programmer on the basis that it was not a “specialty occupation” was arbitrary and capricious, and remanded the case. DOJ Finalizes Rule Hiking Fees for EOIR Applications, Appeals, […]
Headlines: DHS, DOJ Issue Final Rule Tightening Asylum Regulations – DHS and DOJ issued a final rule tightening the regulations governing asylum, withholding of removal, and protections under the Convention Against Torture. The final rule generally adopts a proposed rule issued in June 2020 with few substantive changes. USCIS Issues DACA Guidance Under Court Order […]
Headlines: U.S. District Court Orders DHS to Reopen DACA for New Applications, Vacates Wolf Memo – a U.S. district court vacated a memorandum issued by Chad Wolf, which made certain changes to the DACA program, and ordered DHS to reopen the program to new applications. U.S. District Court Vacates H-1B Interim Final Rules – A […]
Headlines: Alliance of Business Immigration Lawyers Offers 12 Recommendations for Biden Administration – ABIL released a non-exhaustive list of 12 recommendations to reform business immigration in the early days of the Biden-Harris administration. Alejandro Mayorkas Nominated To Direct Department of Homeland Security – On November 23, 2020, President-elect Joe Biden nominated Alejandro Mayorkas to lead […]
Headlines: DHS Extends Form I-9 Requirement Flexibility – DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic. USCIS Reaches H-2B Cap for First Half of Fiscal Year 2021 – November 16, 2020, […]
Headlines: Federal Judge Rules New Policy Limiting DACA Is Invalid Because ‘Acting Secretary’ Wolf Was Appointed Unlawfully – A federal judge ruled that a new policy limiting Deferred Action for Childhood Arrivals applications and renewals is invalid because Chad Wolf was not legally serving as Acting Secretary of Homeland Security when he signed it. State […]
Headlines: President-Elect Biden Pledges Immigration-Related Actions in First 100 Days – President-elect Joe Biden has pledged in the first 100 days of his administration to set in motion a number of immigration-related actions. Some of his proposals could be launched immediately, while others may require new regulations or Congressional action. ETA Final Rule Revises Adverse […]
Headlines: Late November Visa Bulletin Preserves Forward Movement for Employment-Based Immigrant Visa Numbers – The Department of State released the November Visa Bulletin about two weeks later than usual, and USCIS is allowing applicants to use the “Dates for Advanced Filing” chart for November. DHS Proposed Rule Would Replace Random H-1B Registration Selection With Wage-Level-Based […]
Headlines: Two More Lawsuits Challenge New DOL, DHS Rules – Two more lawsuits have been filed challenging recent interim final rules that change how prevailing wages are calculated and redefine “specialty occupation” and the employer-employee relationship for H-1B temporary visa purposes. State Dept. Proposes to Eliminate ‘B-1 in Lieu of H’ Policy Unless Nonimmigrant Otherwise […]
Headlines: Lawsuit Challenges New DOL Prevailing Wage Rule for H-1Bs; Other Lawsuits to Follow – A lawsuit filed by a group of technology consulting firms is challenging the Department of Labor’s interim final rule on prevailing wages for H-1B workers. USCIS Increases Premium Processing Fees – A new law requires USCIS to establish and collect […]
