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 […]
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 […]
