Headlines: DOL Issues Interim Final Rule Raising Prevailing Wages for Foreign Workers – DOL is increasing prevailing wages by changing their computation under the existing four-tier wage structure. DHS Revises Definition of H-1B ‘Specialty Occupation,’ Makes Other Changes – The rule amends the definition of a “specialty occupation” to clarify that there must be […]
Headlines: Federal Judge Issues Preliminary Injunction Against Trump Block on H, L, J Foreign Workers – On October 1, 2020, a U.S. district judge ruled in NAM v. DHS against aspects of President Trump’s June 22, 2020, Proclamation that blocked visa issuance to many foreign workers. USCIS Issues Guidance on Fee Rule Following Litigation – […]
Headlines: October Visa Bulletin Shows Major Movement in Employment-Based Cases; USCIS Applies Filing Date Rather Than Final Action Date to Certain Adjustment Applications – USCIS issued guidance the same day stating that the Filing Date, rather than the Final Action Date, applies to employment-based I-485 adjustment of status applications. ICE Proposes a Fixed Time Period […]
Headlines: DV-2020 Applicants Cannot Be Denied Visas Under COVID Guidance, Court Says – The order states that the government must undertake “good-faith efforts” to expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications and issue or reissue diversity and derivative beneficiary visas to eligible applicants by September 30, 2020. Ninth Circuit Rules President […]
Vol. 10, No. 8A ▪ August 1, 2014 Headlines: U.S. Revokes More Than 1,000 Visas for Chinese Students, Researchers – The revocations appear to result from President Trump’s proclamation in May 2020 suspending the entry of certain students and researchers from China. When Is a Furlough Not a Furlough? – Despite USCIS backing off from […]
Headlines: DHS Sends H-1B, Work Authorization Rules to OMB for Review Before Publication – DHS has sent several rules to OMB for final review, including an interim final rule to redefine what constitutes an H-1B specialty occupation and an employer-employee relationship, and a proposed rule to eliminate eligibility for work authorization for certain people who […]
Headlines: USCIS Cancels Planned Furloughs But Predicts Further Backlogs and Slowdowns; House Passes Related Bill – Just five days before furloughs were set to begin for more than 13,000 USCIS employees, the agency announced that it was canceling those plans. However, USCIS said backlogs and wait times would increase across the board. Meanwhile, the House […]
Headlines: EAD Printing Delays Lead to USCIS I-9 Policy Flexibility – Employees may present their Form I-797 Notice of Action showing approval of their I-765 application as a List C document for Form I-9 compliance until December 1, 2020. USCIS Reminds F-1 Nonimmigrants in Post-Completion OPT and DSOs of Severe Consequences for Not Entering Employer […]
Headlines: GAO Says Appointments of Wolf and Cuccinelli to Acting DHS Leadership Roles Were Invalid – GAO concluded that the appointments of Chad Wolf (as DHS Acting Secretary) and Kenneth Cuccinelli (as Senior Official Performing the Duties of Deputy Secretary) were invalid. USCIS Suddenly Begins Selecting New H-1B Lottery Winners – According to reports, USCIS […]
Headlines: Executive Order Heightens Scrutiny of Contractors Employing Foreign Workers – The order instructs the Secretaries of Labor and Homeland Security to take action to protect U.S. workers from “any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites),” among other things. […]
