Immigration Update – February 01, 2021
Headlines: USCIS To Abide by Previous Filing Fee Amounts Under Preliminary Injunction – USCIS will continue to abide by previous filing fee amounts because of two preliminary injunctions. Judge May Extend Hold on Deportation Moratorium Until February 23 – The Department of Justice may appeal, but it was unclear as of press time whether it […]
Immigration Update – January 26, 2021
Headlines: President Biden Sets in Motion a Flurry of Immigration Actions in First Days – Newly inaugurated President Joseph R. Biden launched a sweeping array of immigration-related executive orders, regulatory actions, and legislative proposals. DHS Pauses Certain Removals for 100 Days – The Department of Homeland Security announced that it is pausing for 100 days […]
Immigration Update – January 19, 2021
Headlines: Biden Administration Poised to Introduce Immigration-Related Executive Orders; Democrats Prepare Legislation – The Biden administration has plans to introduce executive orders and push for immigration legislation “immediately” after taking office. Labor, Homeland Security Dept. Issue Final Rules Changing Prevailing Wage Methodology, Employer-Employee Relationship – The agencies’ final rules make substantive changes to foreign worker […]
Immigration Update – January 11, 2021
Headlines: USCIS Issues Final Rule Prioritizing Higher Wages in H-1B Cap Selection Process – USCIS published a final rule prioritizing the selection of new H-1B petitions in 2021 based on proffered wages. USCIS Announces Delays in Issuing Receipt Notices Filed at Lockbox Facilities – USCIS announced delays of four to six weeks in sending out […]
Immigration Update – January 04, 2021
Headlines: Trump Extends Through March Bans on Foreign Workers Previously Set to Expire December 31, 2020; Extends Memo on Visa Sanctions – President Trump signed a proclamation extending earlier proclamations suspending the entry of certain immigrant and nonimmigrant visa applicants through March 31, 2021. He also extended a separate memo on visa sanctions for certain […]
Immigration Update – December 28, 2020
Headlines: Trump Signs Appropriations Bill Extending Several Immigration Programs; State Dept. Issues Related Guidance – President Trump signed the Consolidated Appropriations Act of 2021, which extends the expiring E-Verify, Conrad 30, and non-minister religious worker green card programs, among other things. I-9 Flexibility Extended to January 31 – The flexibility applies only to employers […]
Immigration Update – December 21, 2020
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, […]
Immigration Update – December 14, 2020
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 […]
Immigration Update – December 07, 2020
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 […]
Immigration Update – November 30, 2020
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 […]
Immigration Update – November 23, 2020
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, […]
Immigration Update – November 17, 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 […]
Immigration Update – November 09, 2020
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 […]
Immigration Update – November 03, 2020
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 […]
Immigration Update – October 30, 2020
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 […]
Immigration Update – October 19, 2020
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 […]
Immigration Update – October 12, 2020
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 […]
Immigration Update – October 05, 2020
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 – […]
Immigration Update – September 28, 2020
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 […]
Immigration Update – September 21, 2020
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 […]
