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 […]
Immigration Update – July 06, 2020
Headlines: Trump Amends Proclamation to Suspend Entry of Nonimmigrant Workers, With Exceptions; USCIS Issues Statement – On June 29, 2020, President Trump issued an amendment to his Presidential Proclamation issued June 22, 2020. USCIS Updates Fee Payment System Used in Field Offices – Effective immediately, a long list of field offices will only accept payments […]
Amendment to Proclamation Suspending Nonimmigrant Entries
On June 29, 2020, President Trump issued an amendment to Proclamation 10052 of June 22, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak). The amendment changes Section 3(a)(ii) to read as follows: “(ii) does […]
Immigration Update – June 29, 2020
Headlines: Trump Issues Proclamation to Suspend Entry of Nonimmigrant Workers, With Exceptions – A Presidential Proclamation issued June 22, 2020, extends an order to limit the entry of many immigrants that was issued in April, and amends it to include nonimmigrant workers, with exceptions. State Dept., USCIS Issue Statements on Proclamations Suspending Entry of Immigrants […]
Proclamation Suspending Nonimmigrant Entries
On June 22, 2020, President Trump signed a Presidential Proclamation further restricting immigration into the United States. The new proclamation is an extension of the previous proclamation issued on April 22, 2020 that suspends certain green card applications and limits highly skilled workers and several nonimmigrant visa categories. When Does the Proclamation Go into […]
Immigration Update – June 22, 2020
Headlines: Trump Says Proclamation Imminent, May Suspend Entry of Nonimmigrant Workers, With Exceptions – A Presidential Proclamation is expected imminently to suspend the entry of many nonimmigrant workers, possibly until the end of the year. USCIS Issues New H-1B Policy Memo and Rescinds Two Earlier Memos Following Litigation – USCIS has issued a new memorandum […]
Immigration Update – June 17, 2020
Headlines: Anticipated Presidential Proclamation May Further Suspend Entry of Nonimmigrants, With Exceptions – A Presidential Proclamation is expected soon that may extend the suspension of entry of many nonimmigrants. USCIS Rescinds Restrictive H-1B Policy Memo Following Litigation – USCIS recently entered into an agreement with ITServe Alliance, Inc., an information technology trade group, to overturn […]
