Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021.
This means that:
•Employers may continue to inspect Section...more
On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program.
For close to five years, spouses of H-1B workers holding H-4 EADs...more
President Joseph Biden signed the Proclamation on Ending Discriminatory Bans on Entry to The United States (“Proclamation Ending Discriminatory Bans”) during his first hours in office, terminating the controversial Muslim Ban...more
USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register.
Unless the Biden administration...more
On January 4, 2021, DHS announced that for I-9 purposes, Deferred Action for Childhood Arrivals (DACA) recipients may present an unexpired Employment Authorization Document (EAD) with Code C33 issued on or after July 28,...more
The Department of Homeland Security (DHS) announced a further extension of status and work authorization until October 4, 2021, for Temporary Protected Status (TPS) beneficiaries from El Salvador, Haiti, Honduras, Nepal,...more
On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B...more
Once again, just as it was about to expire, ICE has announced a further extension of flexibility in its rules related to Form I-9 compliance. This time, the extension will continue through December 31, 2020.
Employers will...more
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of...more
11/10/2020
/ Affordable Care Act ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Immigration ,
Joe Biden ,
NLRB ,
Sexual Stereotyping ,
STEM
Having instituted a new on-line registration process for Cap H-1B petitions last year, on November 2, 2020, the Department of Homeland Security (DHS) issued a notice of proposed rulemaking to replace the random selection...more
Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the...more
The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers.
As a companion regulation to the “Strengthening Wage...more
Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will...more
Judge Jeffrey S. White has granted the plaintiffs’ request for preliminary injunction preventing the continued enforcement of the Presidential Proclamation suspending the entry of certain individuals in H, L, and J status...more
A federal judge in California has enjoined the USCIS’ new fee rule just a little more than a day before petitions and applications had to be postmarked.
Judge Jeffrey S. White’s decision in Immigrant Legal Resource Center v....more
While it typically uses the “Final Action Dates” chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS) has announced that for October 2020, it will allow...more
Foreign students soon may find themselves subject to new policies and processes regarding their status in the United States.
U.S. Immigration and Customs Enforcement (ICE) has released for comment its proposed rule...more
The Department of Homeland Security (DHS) may resume implementation of the new Public Charge Rule, the U.S. Court of Appeals for the Second Circuit has ruled.
The factors that are considered under the new Public Charge...more
Days before the upcoming deadline, ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 60 days (instead of just 30 days), until November 19,...more
The Trump Administration’s effort to end Temporary Protected Status (TPS) for approximately 250,000 people from El Salvador, Nicaragua, and Sudan has been upheld in a split ruling from U.S. Court of Appeals for the Ninth...more
The “Strengthening the H-1B Nonimmigrant Visa Classification Program” rule has been submitted to the Office of Information and Regulatory Affairs (OIRA) for review and could be published by the end of the year – or earlier....more
Acting quickly, as he promised, Judge Ahmit P. Mehta in Gomez v. Trump, recognized the particular urgency of the Diversity Visa plaintiffs’ situation and granted them injunctive relief. Judge Mehta ordered the Department of...more
USCIS has announced that, due to an “unprecedented” increase in revenues, the source of which is unclear, it would not go forward with the furloughs previously scheduled for August 30, 2020 – at least not until the end of the...more
Due to the continuation of the COVID-19 national emergency, the Department of Homeland Security (DHS) has decided to continue its temporary loosening of H-2A rules to make it easier to employ temporary, seasonal agricultural...more
The USCIS is in the process of entering a Consent Order to produce, on a specific schedule, Employment Authorization Document (EAD) cards for those 75,000 foreign nationals who have approved employment authorization...more