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 […]
Immigration Update – September 14, 2020
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 […]
Immigration Update – September 08, 2020
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 […]
Immigration Update – August 31, 2020
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 […]
Immigration Update – August 24, 2020
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 […]
Immigration Update – August 17, 2020
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 […]
Immigration Update – August 10, 2020
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. […]
Immigration Update – August 04, 2020
Headlines: DHS to Raise Fees Significantly for Many Immigration Benefits – DHS announced a final rule, to be published on August 3, 2020, and take effect 60 days later, that will increase significantly many immigration and naturalization fees charged by USCIS, and reduce some others. It also removes certain fee exemptions; changes fee waiver requirements; […]
Immigration Update – July 28, 2020
Headlines: SEVP Issues ‘Clarifying’ Q&A for Foreign Students re Online-Only Coursework Visa Ban – SEVP released new guidance on the Trump administration’s shifting policy on foreign students taking online coursework in the fall. USCIS Postpones Staff Furloughs After ‘Surplus’ Memo Surfaces – USCIS announced that planned furloughs of more than 13,000 of its employees have […]
Immigration Update – July 20, 2020
Headlines: Trump Administration Agrees to Rescind New Foreign Student Online-Only Ban – The Trump administration agreed to rescind its new policy to bar nonimmigrant F-1 and M-1 students taking only online classes for the fall 2020 semester from entering into or remaining in the United States. State Dept. Lists Exceptions Under Recent Presidential Proclamations Suspending […]
Immigration Update – July 13, 2020
Headlines: SEVP Says F-1 and M-1 Students Attending Schools Entirely Online Due to Pandemic Must Not Enter or Remain in United States – In a move that stunned, dismayed, and confused international students studying in the United States, U.S. institutions of higher education, and others, the Student and Exchange Visitor Program announced that nonimmigrant F-1 […]
