As employers and employees continue to take physical distancing precautions in response to COVID-19, U.S. Immigration and Customs Enforcement (“ICE”) has once again extended the ability of employers to remotely verify a new employee’s identify and employment authorization documents for Form I-9 purposes through December 31, 2020, provided the employer continues to have its employees working remotely.
Read MoreThe legal battle to set aside the “wealth test” for intending immigrants faces another setback after a momentary, day-long victory at the district court level in Illinois. The Seventh Circuit Court of Appeals, which oversees the district courts in Illinois, sided with the Trump administration last week by promptly overturning a district court judge’s decision to stop the implementation of the “wealth test” nationwide while the legal challenge to the rule is being litigated.
Read MoreThe Department of State (DOS) has issued its November 2020 Visa Bulletin. We now cover both employment-based and family-based priority dates as detailed below.
Read MoreIn 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.
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