November 2020 Visa Bulletin
At a glance EB-1 China and EB-1 India final action dates will advance by six months to December 1, 2018. EB-2 China will advance by over seven weeks to April 22, 2016, and EB-2 India will advance three weeks to September…
U.S.-Canada and U.S.-Mexico Land Border Restrictions Extended Through November 21
U.S. Customs and Border Protection (CBP) will continue to implement the Trump Administration’s ban on “non-essential” travel across U.S. land borders and ferry travel with Mexico and Canada through November 21, according to a set of notifications to be published in the Federal Register tomorrow. The…
State Department Proposes Elimination of B-1 in Lieu of H Visa Classifications
The State Department has released a proposal to eliminate an option available in certain limited circumstances for foreign workers to obtain a B-1 business visitor visa “in lieu of” an H-1B specialty occupation or H-3 trainee visa (BILOH, or “B…
Legal Challenges Mounted Against New DOL and DHS Rules
The U.S. Chamber of Commerce, the National Association of Manufacturers, numerous universities and other groups are challenging two new immigration regulations that were promulgated on a fast track by the Departments of Labor (DOL) and Homeland Security (DHS) in recent…
USCIS to Increase Premium Processing Fees Starting October 19; Program Expansions Still Pending
U.S. Citizenship and Immigration Services (USCIS) will increase the premium processing fee for H-1B, L-1 and certain immigrant visa petitions to $2,500, from $1,440, on Monday, October 19, 2020, according to an announcement issued today. Petitions postmarked on or after that date must…
New DOL Rule Makes Significant Increases to PERM and H-1B Wage Minimums
A new Department of Labor (DOL) regulation will lift wages for H-1B, E-3, and H-1B1 nonimmigrant cases and the PERM labor certification program. The regulation will be published on October 8, 2020 and will take effect immediately, though DOL will accept public…
New DHS Rule Tightens H-1B Program Criteria
The Department of Homeland Security (DHS) has released a long-planned regulation to tighten H-1B eligibility criteria and impose new obligations on H-1B employers after pushing the rule through a fast track regulatory review. The rule will be published in the Federal Register on October…
Federal District Court Blocks Enforcement of Nonimmigrant Entry Ban Against Parties to Court Challenge
Judge Jeffrey S. White of the Federal District Court for the Northern District of California has enjoined the Departments of State (DOS) and Homeland Security (DHS) from enforcing the Trump administration’s June 22 proclamation that suspended the entry of H-1B, L-1, H-2B…
FY 2022 Diversity Visa Lottery Registration Opens October 7
The State Department will begin accepting online registrations for the Fiscal Year (FY) 2022 Diversity Visa (DV) lottery starting Wednesday, October 7, 2020 at noon EDT. Foreign nationals who wish to enter the lottery have until Tuesday, November 10, 2020 at…
DOL Permanently Adopts COVID-19 Accommodation to Electronically Issue PERM Labor Certifications
The Issue The Department of Labor (DOL) has decided to permanently implement the electronic issuance of PERM labor certifications. In March, the agency announced it would temporarily issue labor certifications via e-mail as opposed to U.S. post due to the COVID-19 pandemic.…