DOL Issues Implementation Guidance after Federal Courts Block Prevailing Wage Interim Final Rule
The Department of Labor has issued guidance on how the agency will comply with the two federal court orders issued this week, which block implementation of its October 8, 2020 prevailing wage rule. The fast-tracked rule had significantly and immediately increased government prevailing…
District Court Orders DHS to Restore Full DACA Program and Provide Notice to the Public
Today, Judge Nicholas Garaufis of the U.S. District Court for the Eastern District of New York ordered the Department of Homeland Security (DHS) to implement the Deferred Action for Childhood Arrivals (DACA) program as it existed prior to September 2017, including by accepting both new DACA applications…
Ninth Circuit Reinstates Bar on Public Charge for Several States; Government Response Awaited
The U.S. Court of Appeals for the Ninth Circuit has reinstated two lower court preliminary injunctions that temporarily bar enforcement of the Department of Homeland Security (DHS) public charge rule in several states and Washington DC. The case is State of…
USCIS Further Extends Temporary I-9 Verification Accommodations Due to EAD Production Delays
U.S. Citizenship and Immigration Services (USCIS) has extended through February 1, 2021 its accommodation permitting certain foreign nationals to use an Employment Authorization Document (EAD) approval notice as a List C document to establish employment authorization during the I-9 verification process, even…
Federal Court Rules Against Tech Union in Effort to End OPT
Judge Reggie B. Walton of the United States District Court for the District of Columbia has issued a summary judgment order upholding the Department of Homeland Security’s post-graduate Optional Practical Training (OPT) programs. The ruling comes in response to a…
Federal District Court Sets Aside New DHS and DOL Rules
A federal district court in California has set aside two new immigration regulations that were promulgated on a fast track by the Departments of Labor (DOL) and Homeland Security (DHS) in early October. Ruling on summary judgment, the court found that the agencies did…
Holiday Travel During the Coronavirus Pandemic
This year, foreign nationals hoping to travel abroad during the holiday season face several additional considerations: What are the travel and COVID-19 restrictions in your destination country? Nearly all countries and jurisdictions have implemented some combination of entry, quarantine, and…
December Visa Bulletin
According to the State Department’s December Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be: EB-1: All countries except for China and India will remain current in November. China and India will advance by four months to…
ICE Extends Interim COVID-19 Protections for Form I-9 Compliance Through December 31
U.S. Immigration and Customs Enforcement (ICE) announced today that it is extending until December 31, 2020 its relaxed enforcement of the normal requirement to physically inspect the original documents presented by new hires during the I-9 process and thus allow eligible employers…
District Court Invalidates DHS Memo Limiting DACA Program
This weekend, Judge Nicholas Garaufis of the U.S. District Court for the Eastern District of New York invalidated the July 28, 2020 DHS memorandum that rolled back the DACA program by prohibiting new initial Deferred Action for Childhood Arrivals (DACA) applications, limiting renewals to…
Public Charge Remains in Place After Seventh Circuit Stays Lower Court Decision
The Seventh Circuit Court of Appeals has put the Department of Homeland Security (DHS) public charge rule back in effect by placing an administrative stay on a November 2 lower court ruling blocking the rule. The case is Cook County et al. v…
Federal District Court Vacates Public Charge Regulation Nationwide
Today a federal district court in Illinois vacated the Department of Homeland Security (DHS) public charge regulation on the basis that the rule violates the Administrative Procedures Act (APA). The court order takes effect nationwide immediately, and prevents U.S. Citizenship…
DHS Proposal Seeks H-1B Cap Selection Process Based on Wage Level
The Department of Homeland Security (DHS) is proposing a regulation that seeks to replace its random, computerized H-1B lottery with a system that allocates H-1B visa numbers according to the Department of Labor’s four-level wage system. The proposed rule, which is…
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.…
Federal District Court Blocks Enforcement of DHS Fee Rule
Judge Jeffrey S. White of the Federal District Court for the Northern District of California has enjoined the Department of Homeland Security (DHS) from enforcing its new fee rule, which was set to take on October 2, 2020. Judge White’s ruling…
October 2020 Visa Bulletin
According to the State Department’s October Visa Bulletin, cutoff dates for issuance of an immigrant visa will be as follows: EB-1: All countries except for China and India will remain current in October. China and India will advance by three months to…