News Updates

WEEKLY IMMIGRATION UPDATE 12.21.2020

06:47 21 December in News Updates by Larrabee

HEADLINES: December 21, 2020   Ninth Circuit Rejects USCIS Basis for Denial of H-1B Classification for Computer Programmer as 'Specialty Occupation'- The Ninth Circuit ruled that USCIS's denial of H-1B classification for a computer programmer on the basis that it was not a "specialty occupation" was arbitrary and capricious, and remanded the case. USCIS Update Regarding Delays in Issuance of Receipt Notices at Lockboxes - The agency announced significant delays in issuing receipt notices. Cato Institute Proposes 30 Deregulatory Actions for Biden Administration - The Cato Institute recommended 30 deregulatory actions for the Biden administration to consider, to...

WEEKLY IMMIGRATION UPDATE 12.15.2020

06:44 15 December in News Updates by Larrabee

HEADLINES: December 15, 2020   USCIS Issues DACA Guidance Under Court Order- Following litigation related to DACA that resulted in a U.S. district court order, USCIS released guidance effective December 7, 2020. TPS 'Document Validity' Extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan - DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through October 4, 2021. No Change in Spring 2021 Guidance for International Students- Nonimmigrant students should continue to abide by SEVP guidance issued in March 2020, a SEVP...

WEEKLY IMMIGRATION UPDATE 12.07.2020

06:40 07 December in News Updates by Larrabee

HEADLINES: December 7, 2020   U.S. District Court Vacates H-1B Interim Final Rules - A U.S. district court vacated two interim final rules promulgated by DOL and DHS that made significant changes to the H-1B program. Justice Dept. Sues Facebook for Discriminating Against U.S. Workers- The lawsuit alleges that Facebook refused to recruit, consider, or hire qualified and available U.S. workers for more than 2,600 positions. Instead, the lawsuit alleges, Facebook reserved those positions for foreign national employees.  However, a review of the allegations by independent immigration attorneys indicates that Facebook followed regulations set forth by the DOL. U.S. District Court Orders DHS...

WEEKLY IMMIGRATION UPDATE 11.24.2020

06:36 24 November in News Updates by Larrabee

HEADLINES:  November 24, 2020   DHS Extends Form I-9 Requirement Flexibility - DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic. USCIS Reaches H-2B Cap for First Half of Fiscal Year 2021 - November 16, 2020, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2021. USCIS will reject new cap-subject H-2B petitions received after November 16 that request an employment start date before April 1,...

WEEKLY IMMIGRATION UPDATE 11.16.2020

21:10 16 November in News Updates by Larrabee

HEADLINES:? November 16, 2020   1.? Federal Judge Rules New Policy Limiting DACA Is Invalid Because 'Acting Secretary' Wolf Was Appointed Unlawfully- A federal judge ruled that a new policy limiting Deferred Action for Childhood Arrivals applications and renewals is invalid because Chad Wolf was not legally serving as Acting Secretary of Homeland Security when he signed it. 2.? State Dept. Continues Phased Resumption of Routine Visa Services- DOS announced a continuing phased resumption of routine immigrant and nonimmigrant visa services on a post-by-post basis, subject to local conditions, after closings that began in March 2020 due to the COVID-19 pandemic. 3.? Litigation Challenges...

WEEKLY IMMIGRATION UPDATE 11.09.2020

22:04 09 November in News Updates by Larrabee

HEADLINES:  November 9, 2020   1.  President-Elect Biden Pledges Immigration-Related Actions in First 100 Days - President-elect Joe Biden has pledged in the first 100 days of his administration to set in motion a number of immigration-related actions. Some of his proposals could be launched immediately, while others may require new regulations or Congressional action. 2.  ETA Final Rule Revises Adverse Effect Wage Rate Methodology for H-2A Temporary Agricultural Workers - The Employment and Training Administration is amending its regulations, effective December 21, 2020, to revise the methodology by which it determines the hourly Adverse Effect Wage Rates for non-range agricultural occupations performed...

WEEKLY IMMIGRATION UPDATE 11.02.2020

21:28 02 November in News Updates by Larrabee

BREAKING NEWS:  November 2, 2020 Practice Alert: DHS Public Charge Rule Vacated Nationwide (Yes, again.) On November 2, 2020, the district court in Cook County, Illinois, et al v. Wolf et. al., (19-cv-6334), granted summary judgment in favor of Plaintiffs on their claim that DHS's Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et. seq. The district court specifically ruled that (1) the public charge exceeds DHS's authority under the public charge provision of the INA, 8 U.S.C. § 1182(a)(4)(A); (2) is not in accordance with law; and (3) is arbitrary and...

WEEKLY IMMIGRATION UPDATE 10.30.2020

22:50 30 October in News Updates by Larrabee

BREAKING NEWS:  October 30, 2020 DHS to propose rule to change H-1B lottery system -- On Monday the Department of Homeland Security will publish a proposed rule to eliminate the current H-1B lottery system for cap (quota-subject cases) and replace it with a system to select H-1B registrants based on those who are offered the highest salaries.  A pre-publication version of the rule is available at https://www.federalregister.gov/public-inspection/2020-24259/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions.  There is a 30-day comment period. Stakeholder Message - H-1B Selection Process NPRM.pdf HEADLINES:  October 26, 2020 Two More Lawsuits Challenge New DOL, DHS Rules- Two more lawsuits have been filed challenging recent interim final...