In yet another attempt to restrict the H-1B visa program, the Department of Homeland Security (DHS) has announced that it plans to change the process by which the annual H-1B lottery is conducted so that priority is given to registrations with the highest wage levels.
Read MoreEarlier this month, the Department of Homeland Security (DHS) released a proposed rule, amending certain regulations governing the H-1B nonimmigrant visa program. This proposed rule will take effect on December 7, 2020. Written comments regarding the proposed rule must be received on or before that date. Relatedly, the Department of Labor has revised the way it will calculate the four levels of a Prevailing Wage for purposes of both the Labor Condition Application, which is submitted with H-1B, H-1B1 and E-3 petitions, and the PERM process.
U.S. Citizenship and Immigration Services (USCIS) announced today that it will increase the premium processing fee for most petitions currently eligible for premium processing to $2,500 (yes, that’s a 75% increase!). The new processing fee takes effect on Monday, October 19. For petitions requesting H-2B or R-1 (religious workers) classification, the fee will increase from $1,440 to $1,500.
Read MoreThe online registration period for the annual green card lottery will begin tomorrow, Wednesday, October 7, at 12 noon, Eastern Daylight Time (EDT) (GMT–4), and end on Tuesday, November 10 at 12 noon, Eastern Standard Time (EST) (GMT–5). We recommend registering as soon as possible because the DOS website slows down or freezes due to very heavy traffic towards the end of the registration period.
Read MoreLast week, a federal judge in California ordered the government to stop enforcing section 2 of Presidential Proclamation 10052, which suspended the admission of temporary workers in the H, J and L visa categories from abroad until December 31, 2020. The judge found the Proclamation was an overreach of executive power, which is reserved for national security and foreign policy issues, not domestic unemployment. This is a temporary order called a Preliminary Injunction while the merits of the case can be litigated.
Read MoreAs part of an appropriations bill that was passed last week to fund the US government, Congress has authorized U.S. Citizenship and Immigration Services (USCIS) to raise its premium processing fees from $1,440 to $2,500, and to expand the petitions and applications eligible for premium processing to include applications for employment authorization (Form I-765), applications to change or extend status (Form I-539), and immigrant petitions for multinational managers and executives (Form I-140). The Department of Homeland Security (DHS) also will have the authority to designate other cases for premium service.
Read MoreThe Department of Homeland Security has announced that it will continue to limit “non-essential travel” at its land borders with both Canada and Mexico for an additional 30 days through October 21, 2020.
Read MoreWith 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 November 19, 2020, provided the employer continues to have its employees working remotely.
Read MoreEarlier this week, a federal judge blocked USCIS from increasing its filing fees, which were scheduled to take effect today, October 2. The judge found possible procedural and substantive violations under the Administrative Procedures Act, and defects in the way the Acting Secretaries for the Department of Homeland Security at the time had been appointed, the combination of which made him decide to temporarily block the proposed fee increases until these issues could be thoroughly addressed.
Read MoreThe Department of State (DOS) has issued its October 2020 Visa Bulletin. October 1 marks the start of the new fiscal year so all the immigrant visa categories benefit from new visa numbers and most immigrant visa applicants will see progress in their place in line for permanent residence.
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