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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
