Immigration Update – March 22, 2021
Headlines: House Passes ‘Dreamer’ and Farmworker Bills; Senate Passage Uncertain – On March 18, 2021, two immigration-related bills passed the House of Representatives with bipartisan support. DHS Withdraws Affidavit of Support Proposed Rule – The Department of Homeland Security announced the withdrawal of a proposed rule, “Affidavit of Support on Behalf of Immigrants,” published on […]
Immigration Update – March 16, 2021
Headlines: DHS Rescinds Public Charge Rule, Withdraws Appeals of Injunctions Blocking It – DHS rescinded regulations resulting from a final rule that was vacated by a federal district court. Under the now-rescinded rule, the government could deny applications for green cards, temporary nonimmigrant status, and naturalization if the government found they relied on—or were at […]
Immigration Update – March 08, 2021
Headlines: Dept. of State Issues New Guidance on Exceptions for Travelers From Schengen Area, United Kingdom, and Ireland – The Department of State rescinded the previous national interest determination regarding categories of travelers eligible for exceptions under Presidential Proclamation (PP) 10143 related to the Schengen Area, the United Kingdom, and the Republic of Ireland. Those […]
Immigration Update – March 01, 2021
Headlines: President Biden Revokes Trump-Era Ban on Entry of Many Immigrants; State Dept. Issues Instructions on Exceptions to Nonimmigrant Ban – President Biden revoked former President Trump’s proclamation issued in April 2020 that banned many immigrants from entering the United States. The Department of State issued instructions on exceptions to the nonimmigrant ban. March Visa […]
Immigration Update – February 22, 2021
Headlines: “U.S. Citizenship Act of 2021” Unveiled by Biden Administration, Democrats – The Biden administration and Democratic sponsors in the Senate and House of Representatives have put forth a sweeping new immigration reform bill, the 353-page “U.S. Citizenship Act of 2021.” USCIS Reaches FY 2021 H-1B Cap – USCIS issued official confirmation that it has […]
Immigration Update – February 16, 2021
Headlines: State Dept. Exempts Certain Travelers From Restrictions – DOS announced exemptions for certain travelers from COVID-19-related restrictions based on the national interest. President Biden Reinstates DED for Liberians – President Biden has directed the Secretary of Homeland Security to reinstate Deferred Enforced Departure for eligible Liberians and to provide for continued work authorization through […]
Immigration Update – February 08, 2021
Headlines: USCIS Delays H-1B Wage-Based Selection Process for Cap-Subject Petitions –The wage-based selection process is delayed to December 31, 2021, meaning that it will not be in effect for the upcoming H-1B cap filing season this March. FY 2022 H-1B Visa Registration Period Starts March 9 – The initial registration period for FY 2022 […]
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 […]
