Department of Homeland Security

Department of Homeland Security Update – October 2020

H1-B Visa Program: Interim Final Rule DHS has announced its interim final rule (IFR) that amounts to an overhaul of the H-1B nonimmigrant visa program with a goal to protect the U.S. labor market. According to DHS, “more than half a million H-1B nonimmigrants in the United States have been used to displace U.S. workers,”

Department of Homeland Security

Department of Homeland Security Update

USCIS Reopened Selection of Registrations for H-1B: United States Citizenship and Immigration Services (USCIS) has reopened selection of registrations for the FY2021 H-1B Cap. The initial selection occurred in March of this year and all selected H-1B petitions were supposed to be filed in June 2020. However, there were indications that, most likely, due to

COVID-19Department of Homeland Security

Department of Homeland Security Update

U.S. Citizenship and Immigration Services Deadlines Due to the ongoing pandemic, U.S. Citizenship and Immigration Services (USCIS) had previously extended deadlines for responses to the government’s notices such as requests for evidence (RFEs), Notices of Intent to Deny, Revoke, Rescind, and Terminate proceedings, and filing dates for requests for a hearing, appeal, and related motions.

Emergency Immigration Alert

New Presidential Proclamation on Immigration

Per the recently announced presidential proclamation, the U.S. immigration policies are being further altered to (1) continue the immigration restrictions of the April 2020 proclamation through December 31, 2020 and (2) to add further restrictions on foreign nationals’ entry into the U.S. through the end of calendar year 2020. While the April proclamation affects foreign

COVID-19Emergency Immigration Alert

Immigration Update: I-485 Applications

Recent reports have indicated that I-485 applications may be placed on hold due to President Trump’s April 2020 Presidential Proclamation. On June 12, 2020 a reporter stated that USCIS claims the basis of “the hold on processing green card applications from current U.S. residents stems from the temporary suspension of in-person services during the COVID-19

COVID-19

Travel Update

As U.S. states are reopening and many are back to business, many U.S. and foreign nationals are starting to plan business and leisure travel abroad.  Importantly, however, the U.S. travel ban put in place via presidential proclamation in March 2020, still is in effect and prohibits entry into the U.S. of all foreign nationals who

Department of Homeland SecurityH-1B

DHS Update

U.S. Citizenship and Immigration Services (USCIS) has announced it will be bringing back expedited processing (i.e., Premium Processing) option for the Form I-129, Petition for a Nonimmigrant Worker-based filings and Form I-140, Immigrant Petition.  Importantly, the return of Premium Processing will be gradual and proceed in phases over the month of June.  Effective June 1,

Department of Homeland Security

DHS & Legislative Update

DHS Update In response to the ongoing pandemic, U.S. Citizenship and Immigration Services (USCIS) has extended certain immigration filing deadlines.  This pertains specifically to petitioners’ and applicants’ responses to USCIS’s requests for evidence(RFEs), notices of intent to deny or revoke, appeal notices, and a few other responsive proceedings.  If the issuance date listed on the

COVID-19Hot off the Press

President Trump’s Executive Order

On April 22, 2020, President Trump signed an executive order pertaining to suspension of entry of immigrants into the U.S. during the period of post-COVID-19 recovery. The executive order significantly limits ability of immigrants (i.e., individuals intending to permanently immigrate to the U.S.) to enter this country over the following 60 day period unless they

COVID-19Emergency Immigration Alert

Immigration Update: COVID-19 Pandemic

Nonimmigrant Status Management at Times of COVID-19 Lay-Offs and Satisfactory Departure •  Individuals on employment-based work visas (H-1Bs, TNs, E-1s, E-2s, E-3s, O-1s, L-1s) who are suddenly laid off due to the impact of COVID-19 can still afford themselves a one-time 60 day grace period to change status to another employer-sponsored visa or apply for