July 2020 Visa Bulletin Released

The Department of State (DOS) has issued its July 2020 Visa Bulletin. Overall, most employment categories will have modest forward movement.  One category with a significant eleven month advancement is  employment-based category 1 (“EB-1”) for Indian nationals.  Otherwise, the employment-based categories 1 and 2 for most nationals remain current.

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DHS Extends Option for Remote Verification of Form I-9 to July 17, 2020

With employers and employees continuing to take physical distancing precautions in response to COVID-19, U.S. Immigration and Customs Enforcement (“ICE”) has again extended the ability of employers to remotely verify a new employee’s identify and employment authorization documents for Form I-9 purposes through July 17, 2020, provided the employer continues to have its employees working remotely.

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Possible Upcoming Proclamation Targeting Temporary Workers

There is growing concern that another Presidential Proclamation temporarily suspending immigration to the US may be released very soon, this time focusing on temporary visa-holders, such as H-1B, L-1, and J-1. These concerns are based on the threats in Trump’s last proclamation dated April 22, 2020, which temporarily suspended immigrant visa processing from abroad. Specifically, he stated that within 60 days he could expand the scope of his proclamation to include nonimmigrant visa processing. Since then, new rumours have been circulating every week about what could be forthcoming.

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President Suspends Entry of Certain Chinese Students and Researchers

The timing couldn’t be stranger given the national unrest we are currently going through, but President Trump formally issued a Proclamation on May 29, 2020, prohibiting certain Chinese nationals from obtaining F-1 or J-1 visas to study or research in the United States. Specifically, Chinese nationals who have been associated with entities that support the Chinese government’s “military-civil fusion strategy” and seek to pursue graduate level studies will not be eligible for the F-1 or J-1 visa. The suspension took effect today, June 1, 2020.

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June 2020 Visa Bulletin Released

The Department of State (DOS) has issued its June 2020 Visa Bulletin. Overall, most employment categories will have modest forward movement. The two categories with a significant ten month advancement are employment-based category 1 (“EB-1”) for Indian nationals and employment-based category 3 (“EB-3”) for most nationals. Otherwise, the employment-based categories 1 and 2 for most nationals remain current.

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Surprising New Twist in the Legal Battle over the H-4 EAD

The legal battle over the rule that allows spouses of certain H-1B workers to obtain work authorization had an unexpected development earlier this month. For the last five years, Save Jobs USA, a group of U.S. technology workers, has been challenging this rule as hurting U.S. workers. Since the Trump administration took office, the Department of Homeland Security (“DHS”) has been stalling this case, insisting that it plans on rescinding the rule, which would make the litigation unnecessary.

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