On March 2, 2021, the U.S. Department of State announced unexpectedly that, effective immediately, it has rescinded a previous policy on categories of business travelers and nonimmigrant workers eligible for National Interest...more
The Department of Homeland Security (DHS) announced it has extended its COVID policy of deferring the physical presence requirements associated with Form I-9, Employment Eligibility Verification. The policy, instituted at...more
Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include...more
1/26/2021
/ Biden Administration ,
Census ,
Coronavirus/COVID-19 ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Deportation ,
Executive Orders ,
H-1B ,
Immigration Reform ,
Labor Condition Applications ,
Prevailing Wages ,
Temporary Protected Status ,
Travel Ban ,
USCIS
On January 12, 2021, the U.S. Centers for Disease Control and Prevention (CDC) issued an orderopens pdf file requiring that air passengers aged two years or older, regardless of nationality, flying to the United States and/or...more
Nearly one million lawfully present foreign workers are currently waiting to receive lawful permanent residence status (green card). This backlog is primarily caused by statutorily imposed numerical limits that cap the number...more
The Department of Homeland Security (DHS) announced on December 9, 2020, an extension of the Temporary Protected Status (TPS) designation for El Salvador, Nicaragua, Sudan, Honduras, and Nepal through October 4, 2021. TPS is...more
In early October, and without much advance notice, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements (Strengthening Wage Protections...more
The short answer is that the premium processing fee increased to $2,500 effective October 20, 2020, for all eligible I-129 and I-140 filings (except for H-2B and R-1 requests that increased to $1500), based on the Emergency...more
During the first week of October and just days into the new fiscal year, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements affects...more
10/13/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-3 ,
Federal Register ,
Foreign Workers ,
H-1B ,
Interim Final Rules (IFR) ,
Labor Certifications ,
Labor Condition Applications ,
Specialty Occupations ,
USCIS ,
Wages
At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent...more
America’s immigration system is based on a quota system. This means that there is a limited number of permanent resident visas available each year, with limits per category and per country. This article will focus on the...more
On August 19, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced a temporary change to the list of acceptable documents that can be used by an employee to support Form I-9, Employment Eligibility...more
On July 29, 2020, the U.S. District Court for the Southern District of New York issued a nationwide injunction that temporarily suspends the implementation of the Trump Administration’s public charge rule. Under U.S....more
On July 1, 2020, the United States-Mexico-Canada Agreement (“USMCA”) will enter into full force, when it will replace the North American Free Trade Agreement (“NAFTA”) as the primary agreement governing trade relations...more
On June 23, 2020, President Trump signed the Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak, a move that further limits legal immigration through...more
In a 5-4 decision, the U.S. Supreme Court issued today a legal defeat to the Administration’s termination of Deferred Action for Childhood Arrivals (DACA). The program (initially announced in June 2012) allows certain foreign...more
6/19/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
Wolf v Vidal ,
Work Permits
June 2020 is already proving itself to be a challenging month for employers who sponsor foreign workers.
H-1B Cap Season -
This year’s H-1B cap program was administered differently than it has been in previous years....more