USCIS Confirms Implementation of H-1B Electronic Registration Process for Next Year's Lottery

USCIS has confirmed that it will implement the online registration system for next year’s H-1B visa lottery. Under this new process, employers seeking to file H-1B petitions in next year’s lottery must first complete an online registration process that requires basic information about their company and each requested worker, and pay the associated $10 H-1B registration fee.

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Nadia Yakoob
Federal Court Finds that Reasonable Suspicion is Required to Examine International Travelers’ Electronic Devices at US Ports of Entry

Earlier this week, a federal court ruled that reasonable suspicion is required for Customs and Border Patrol (“CBP”) agents as well as Immigration and Customs Enforcement agents to search international travelers’ electronic devices at airports and other ports of entry into the United States. 

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Implementation of Presidential Proclamation Requiring Health Insurance Halted

A federal judge in Portland, Oregon has temporarily stayed President Trump’s latest Proclamation, which would require applicants for immigrant visas to show their ability to obtain health insurance within 30 days of entry into the United States. The Proclamation was set to take effect on Sunday, November 3 but is temporarily on hold while the legal challenge to the Proclamation is adjudicated. If the Proclamation takes effect, applicants who fail to demonstrate the financial resources to obtain health insurance will have their visa applications denied.

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Temporary Protected Status Extended for Nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan

The Department of Homeland Security (DHS) plans to extend Temporary Protected Status for nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan to January 4, 2021. DHS will automatically extend the validity of Employment Authorization Documents, Forms I-797, Notice of Action, and Forms I-94, Arrival/Departure Record (collectively, TPS-related documentation) to this date. 

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Immigrant Visa Applicants Will Need to Show Health Insurance Coverage Effective November 3, 2019

Effective November 3, 2019, applicants for an immigrant visa will be required to show their ability to obtain health insurance within 30 days of entry into the United States during their consular interview. Visa applicants should complete Form DS-5541 to provide information on their health insurance plan and date coverage will begin or ability to pay for healthcare for any “reasonably foreseeable” medical costs. Failure to demonstrate the financial resources to obtain health insurance will result in a denial of their visa application.

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Federal Courts Temporarily Stop Implementation of New “Public Charge” Rules

Three federal courts across the United States have temporarily suspended the enforcement of the Department of Homeland Security’s new “public charge” rule, which was set to take effect on October 15, 2019.  This new rule redefines how the agency can determine whether a foreign national is at risk of needing public assistance, which would make the foreign national ineligible for admission, extension of status, or permanent residence. 

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