• by Michael H. Neifach and Amy L. Peck
    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 Department of Labor (DOL) on October 8, 2020. Those rules, both issued as Interim Final rules and without the usual notice and… Continue Reading
  • by Maggie Murphy
    E-Verify will no longer allow extensions for addressing Tentative Nonconfirmations (TNCs) beginning November 5, 2020. After relaxing processing guidelines because of processing hardships due to COVID-19, E-Verify is again enforcing its requirement that employees choosing to contest TNC notifications must take action to contact the appropriate government agency within 10 federal government workdays. TNCs are… Continue Reading
  • by Kimberly M. Bennett
    Due to the COVID-19 experience, some employers and employees are exploring the idea that work may be carried out remotely. Countries with economies that rely heavily on tourism (and hard-hit by the pandemic) are using this to their advantage. In the United States, business advocacy groups and many companies have been urging the removal of… Continue Reading
  • by Amy L. Peck and Michael H. Neifach
    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 Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule, DHS has released the “Strengthening… Continue Reading
  • by Alexandra LaCombe and Amy L. Peck
    After months of speculation, the Department of Labor’s (DOL’s) “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule was finally released to the public.  It will be published in the Federal Register on October 8, 2020 and will go into effect immediately upon publication.  The rule’s wage… Continue Reading
  • by Amy L. Peck and Michael H. Neifach
    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 fund the government until December 11, 2020. The changes are meant to provide additional funding to USCIS to bolster… Continue Reading
  • by Amy L. Peck and Michael H. Neifach
    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 (Nonimmigrant Ban) in National Association of Manufacturers et al. v. Department of Homeland Security et al. This ban has been creating uncertainty for… Continue Reading
  • by Forrest G. Read IV
    The entry period for the 2022 Diversity Immigrant Visa (DV) Program will open on Wednesday, October 7, 2020 at noon, Eastern Daylight Time (EDT) and will close at noon EDT on Tuesday, November 10, 2022.  There is no cost to register. Individuals born in the following countries are not eligible to apply because more than… Continue Reading
  • by John E. Exner
    The Department of Homeland Security (DHS) is making it a little easier for some foreign nationals to fly to the United States by lifting certain restrictions in place following the outbreak of the COVID-19 pandemic. Under the restrictions, any airplanes carrying passengers who had recently travelled to or had been present in China, Iran, the… Continue Reading
  • by Michael H. Neifach
    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. Wolf was based on a finding that Chad Wolf’s appointment to the position of Acting Secretary of Homeland… Continue Reading