New Rule Altering the H-1B Process and Prevailing Wage Levels On October 8, 2020, the Department of Labor Employment and Training Administration released an interim final rule which alters the computation of prevailing wage levels for H-1B workers and other employment-based workers.[i] The primary purposes of the new rule is to update the existing wage […]
Lawsuit Challenging the New USCIS Fee Increase Today, the American Immigration Lawyers Association (“AILA”) announced that it has partnered with the law firm of Sidley Austin, LLP to file a lawsuit seeking an emergency nationwide injunction of the Department of Homeland Security (“DHS”) new Fee Rule, which is set to go into effect on October 2, […]
Visa Bulletin for September 2020 The U.S. Department of State (“DOS”) posted the September 2020 visa bulletin.[i] As of August 19, 2020, USCIS has not advised whether in September 2020, it will accept adjustment of status applications for family– or employment-based petitions based on filing dates or final action dates.[ii] USCIS anticipates that this information will […]
Injunction of the Inadmissibility on Public Charge Grounds Final Rule On July 29, 2020, the U.S. District Court for the Southern District of New York (“SDNY”) enjoined the Department of Homeland Security (“DHS”) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there […]
Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census This afternoon, President Trump issued a Memorandum titled “Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census” (“Memorandum”).[i] This Memorandum orders the exclusion of aliens who are not in a lawful immigration status from the reapportionment of Representatives […]
Presidential Proclamation Suspending the Entry of Certain Nonimmigrants – What We Know On June 22, 2020, President Trump issued Presidential Proclamation 10052, which suspended the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States as of June 24, 2020, at 12:01 am (ET). This Proclamation also extended Presidential Proclamation 10014 issued […]
AILA and Partners File Amended Complaint Challenging President Trump’s Immigration Ban On April 17, 2020, the American Immigration Lawyers Association and Partners filed an amended complaint challenging President Trump’s immigration ban.[1] Within the amended complaint, the plaintiffs challenge the proclamation that President Trump signed on June 22, 2020 (“June Proclamation”).[2] Specifically, the plaintiffs assert that […]
On June 22, 2020, President Trump issued a proclamation suspending entry of aliens who present a risk to the U.S. labor market following the coronavirus outbreak.[i] In Section 1 of the proclamation, President Trump authorized the continuation of the April 22, 2020 Proclamation (Suspension of Entry of Immigrants Who Present a Risk to the United […]
Rescheduling of Cancelled ASC Appointments According to a June 10, 2020 alert from the USCIS: USCIS will automatically reschedule any necessary ASC appointments that were cancelled due to the temporary office closure, or send notifications of biometrics reuse to eligible individuals. Individuals who must still appear in person at an ASC will receive a new […]
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