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.

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

Department of Homeland Security

DHS Update

Effective March 13, 2020, President Trump issued a proclamation suspending entry into the United States for immigrants and nonimmigrants who were physically present in certain European countries during the 14-day period prior to their entry or attempted entry into the United States. Affected countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,

Department of Homeland Security

DHS Update

As the H-1B annual lottery is upon us and the government is busy implementing the new electronic registration system for the capped H-1B filings, proceed with caution. The USCIS’s database is now “live” for both attorney and employers’ account creation for subsequent lottery registration. Be sure to coordinate account creation with your immigration legal counsel

Department of Homeland Security

DHS Update

I-9 Update: USCIS has recently announced a new version of Form I-9, Employment Eligibility Verification.  While Forms I-9 in employers’ files remain valid if they were completed during the validity period of the prior form edition, employers should be now using the new edition of the form with the 10/21/2019 version date.  Employers that require

Department of Homeland Security

DHS Update

U.S. Citizenship and Immigration Services (USCIS) published a Federal Register notice regarding the implementation of the electronic registration process for the upcoming H-1B petitions filing season under the congressionally mandated annual “cap.” The registration period will run from March 1, 2020 to March 20, 2020 for the Fiscal Year (FY) 2021 H-1B visa cap.  All

Department of Homeland Security

DHS Update

Starting December 2, 2019, United States Citizenship and Immigration Services (USCIS) will increase the filing fees for expedited processing (i.e., Premium Processing) services for certain eligible immigration proceedings from $1,410 to $1,440. While this is an inflation-related fee increase and is not as substantial as the prior increase in 2018, petitioners and beneficiaries should carefully