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Coronavirus Update: Some U.S. Consulates to Begin Phased Resumption of Routine Visa Services

U.S. embassies and consulates will gradually resume routine nonimmigrant and immigrant visa services, according to a State Department tweet earlier today. Visa services have been widely suspended since mid-March in light of the COVID-19 virus. According to the agency, each consular post…

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Legal Challenges Mount Against F-1 Student Visa Restrictions

Numerous universities and U.S. states have filed federal lawsuits challenging a new Immigration and Customs Enforcement (ICE) policy that would require F-1 foreign students to depart the United States if their U.S. schools will conduct classes online only during the…

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DHS to Roll Back Some COVID-19 Online Learning Accommodations for Foreign Students During Fall 2020 Semester

During the Fall 2020 semester, students attending schools that are operating entirely online will not be permitted to take a full online course load and remain in the United States, the Student and Exchange Visitor Program (SEVP) has announced. The State…

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USCIS Further Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals and Other Responses

In its ongoing response to the COVID-19 pandemic, USCIS is further extending its 60-day deadline extension policy for responses to various agency actions to September 11, 2020.  The accommodation will continue to be available to stakeholders responding to or filing the following: …

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Presidential Proclamation Suspends Some Nonimmigrant Entry Through December 31, 2020

President Trump today signed a presidential proclamation to temporarily suspend the entry of certain employment-based, family-based and other nonimmigrants, with a number of exceptions. The President characterized the measure as a means to protect U.S. workers and conserve medical resources during…

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Supreme Court Allows DACA to Remain in Place for Now

In a long-awaited decision, the U.S. Supreme Court today held that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action for Childhood Arrivals (DACA) program, thus violating the Administrative Procedure Act (APA). DACA remains in…

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U.S.-Canada and U.S.-Mexico Land Border Restrictions Extended Again Through July 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 July 21, according to the Department of Homeland Security. The restrictions were due to expire on…

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July 2020 Visa Bulletin: Modest Advancement for Most Employment-based Categories, Significant EB-1 India Movement, EB-5 India to Become Current

According to the State Department’s July Visa Bulletin, cutoff dates for the issuance of an immigrant visa will be as follows: EB-1: All countries except for China and India will remain current in July. China will advance by one week to August…

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ICE Further Extends Interim COVID-19 Procedures for Form I-9 Compliance Through July 19

U.S. Immigration and Customs Enforcement (ICE) announced today that it is extending for another 30 days, or until July 19, 2020, its relaxed enforcement of the normal requirement to physically inspect the original documents presented by new hires during the I-9 process…

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DOL to Continue to Issue Electronic PERM Labor Certifications Through September 30

The Department of Labor (DOL) will continue to issue PERM labor certifications electronically through September 30, 2020. In late March, DOL’s Office of Foreign Labor Certification announced that it would e-mail certified PERM labor certifications to employers through June 30, 2020…

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Reminder: FY 2021 H-1B Cap Filing Period Closes June 30

The 90-day filing window for FY 2021 H-1B cap petitions will close on June 30, 2020. With just over two weeks remaining in the filing period, employers should be working with their legal team to finalize and submit H-1B cap…

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State Department Selects FY 2021 Diversity Visa Lottery Winners

The U.S. State Department has chosen the winners of the Fiscal Year 2021 Diversity Visa (DV) Lottery. Foreign nationals who entered the lottery can visit the official Entrant Status Check website to learn whether they were selected to submit an application for…

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Labor Department Will Not Extend COVID-19 Extension of Time to Respond to Inquiries and Recruit for PERM Filings

In Round 4 of its COVID-19 Frequently Asked Questions (FAQs), the Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has confirmed that it will not reinstate its policy that gave employers more time to respond to DOL inquiries and an…

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USCIS to Resume Premium Processing in Phases for Forms I-129 and I-140

U.S. Citizenship and Immigration Services (USCIS) today announced that it plans to resume premium processing for Forms I-129 (nonimmigrant visa petitions) and eligible Forms I-140 (immigrant visa petitions) in phases over the next month. On March 20, the agency temporarily suspended premium processing due to the COVID-19 emergency.…

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Some Local USCIS Offices to Resume In-Person Services Starting June 4

U.S. Citizenship and Immigration Services (USCIS) will resume in-person services at some of its local offices and Application Support Centers (ASCs) starting June 4, according to an agency announcement issued today.  The agency has yet to identify which offices and ASCs will…

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President Trump Orders Earlier Start to Brazil Travel Ban

President Donald Trump has amended the start time of his recent COVID-related proclamation prohibiting the entry of foreign nationals who have been physically present in Brazil within 14 days before their attempted entry.  The travel restrictions will now take effect at 11:59 pm EDT today,…

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President Trump Orders Brazil Travel Ban Effective May 28 at 11:59 PM EDT

President Donald Trump has issued a proclamation that prohibits foreign nationals from entering the United States if they have been physically present in the Brazil within 14 days before their attempted entry, with exceptions. The proclamation takes effect at 11:59 pm EDT…

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June Visa Bulletin Update: USCIS to Honor Final Action Dates for Employment-Based Categories Next Month

Employment-Based Priority Date Cut-offs for June 2020 To be eligible to file an employment-based adjustment application in June, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.  For…

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June 2020 Visa Bulletin: Employment-based Categories Continue to Advance, Significant EB-3 Movement for Most Countries

According to the State Department’s June 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 June. China will advance by one month to August 15,…

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U.S.-Canada and U.S.-Mexico Land Border Restrictions Further Extended Through June 22

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 June 22, according to a set of notices to be published in the…

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ICE Extends Interim COVID-19 Procedures for Form I-9 Compliance

U.S. Immigration and Customs Enforcement (ICE) announced today that it is extending for 30 days, or until June 18, 2020, its relaxed enforcement of the normal requirement to physically inspect the original documents presented by new hires during the I-9 process and…

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Latest USCIS Data Show RFE Rates Remained High for Key Employer-Sponsored Nonimmigrant Categories in Q2 of FY 2020

U.S. Citizenship and Immigration Services (USCIS) data for the second quarter of FY 2020 show continued high rates of requests for evidence (RFEs) in key employer-sponsored nonimmigrant categories, though there was some improvement in H-1B, L-1 and TN outcomes. The…

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Ninth Circuit Upholds Injunction Against Health Insurance Requirement for Immigrant Visa Applicants

The U.S. Court of Appeals for the Ninth Circuit has upheld a preliminary injunction against a presidential proclamation that seeks to require immigrant visa applicants to demonstrate that that they would have unsubsidized health insurance within 30 days after entry to the…

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USCIS Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals and Other Responses

In its ongoing response to the COVID-19 pandemic, USCIS has agreed to extend its 60-day deadline extension policy for responses to various agency actions to July 1, 2020.  The accommodation will continue to be available to stakeholders responding to or filing the…

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Local USCIS Offices Extend Suspension of In-Person Services Until At Least June 3

In a continued response to COVID-19, U.S. Citizenship and Immigration Services (USCIS) will extend its public closure of local field offices and Application Support Centers (ASCs), suspending in-person services now until at least June 3. The original suspension took effect on March…

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