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Link: https://www.cdc.gov/media/releases/2021/s0112-negative-covid-19-air-passengers.html
Pasricha & Patel
Starting on Tuesday, January 26, 2021, the Centers for Disease Control and Prevention (the CDC) will require all air passengers entering the United States to show proof of negative COVID-19 test. The CDC is imposing this requirement in order to prevent the further spread of COVID-19 virus in the United States.
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Link: https://www.uscis.gov/news/alerts/uscis-to-replace-sticker-that-extends-validity-of-green-cards
Pasricha & Patel
USCIS has announced that beginning in January 2021, it will no longer issue the sticker that is usually affixed to the back of the lawful permanent resident (LPRs) expiring I-551 card (‘green cards’) to extend the validity of the card, after the filing of the Form I-90 application to replace permanent resident card.
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Link: https://www.uscis.gov/news/news-releases/uscis-modifies-h-1b-selection-process-to-prioritize-wages
Pasricha & Patel
The USCIS has announced that it is publishing a final rule that would change the previous H-1B cap lottery selection process by replacing the previous random drawing of H-1B cap petitions and instead assign H-1B visa numbers based on the Department of Labor’s Occupational Employment Statistics (OES) wage-tier level system.
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Link: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-continue-present-risk-united-states-labor-market/
Pasricha & Patel
Citing the need to continue to protect the U.S. labor workforce during the coronavirus pandemic outbreak, the Trump Administration has announced that it has extended the suspension of visa issuances for various immigrant and nonimmigrant visas at least through March 31, 2021.
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Pasricha & Patel
With the publication of the January 2021 visa bulletin by the U.S. Department of State, the USCIS has announced that it will continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications for the January 2021 Visa Bulletin.
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Categories: Attorneys , Business Immigration , Business Law , Citizenship , Citizenship Green Cards , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
The Pasricha & Patel team wishes you the happiest of holidays this season. May the New Year be filled with a lot of joy, health, and prosperity.
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Pasricha & Pate
Following the court order issued by the U.S. District Court for the Eastern District of New York on December 4, 2020, the USCIS has posted formal notice on its website that it will start accepting first-time requests for consideration of Deferred Action of Childhood Arrivals (DACA) in accordance with the DACA policy that was in effect before September 5, 2017.
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Link: https://www.cbsnews.com/news/
Pasricha & Patel
Judge Nicholas Garaufis of the U.S. District Court for the Eastern District of New York has ruled that the U.S. Department of Homeland Security must post public notice no later than Monday, December 7, 2020 that DHS will begin to accept first-time Deferred Action for Childhood Arrivals (DACA) applications, renewal requests, and advanced parole travel documents on the terms that existed before September 5, 2017, which is when the current administration tried to end the DACA program.
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Pasricha & Patel
In the aftermath of the December 1, 2020 ruling by the U.S. District Court for the Northern District of California that had blocked the further implementation of the Department of Homeland Security’s Interim Final Rule (IFR), Strengthening the H-1B Nonimmigrant Visa Classification Program, (in the matter of (Chamber of Commerce, et al. v. DHS, et al., 12/1/20), the USCIS has announced that it will fully comply with the court’s ruling.
The DHS’s regulations that were scheduled to take effect on Monday, December 7, 2020, would have allowed the DHS to change the regulatory definition and standards for determining what a “specialty occupation” is, and it would have greatly shortened the validity period of H-1B approvals for third-party placement H-1B petitions to maximum of one (1) year.
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Link: https://www.dol.gov/agencies/eta/foreign-labor
Pasricha & Patel
U.S. Department of Labor’s Office of Labor Certification (OFLC) has announced that it will begin to comply with the recent U.S. District Court rulings regarding DOL’s prevailing wage rule.
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Link: https://www.cnn.com/2020/12/02/politics/immigration-public-charge/index.html
Pasricha & Patel
In a 2-1 ruling on December 2, 2020, the Ninth Circuit Court of Appeals upheld the preliminary injunctions that had been issued by the Northern District of California and the Eastern District of Washington against the Department of Homeland Security’s Public Charge Rule.But the same Appeals Court also vacated the Eastern District of Washington’s entry of a nationwide injunction against the Public Charge Rule.
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Link: https://www.courthousenews.com/federal-judge-nixes-new-rules-restricting-h1-b-visas/
Pasricha & Patel
The U.S District Court for the Northern District of California has blocked the further implementation of the Department of Homeland Security’s Interim Final Rule (IFR), Strengthening the H-1B Nonimmigrant Visa Classification Program, as well as the Department of Labor’s interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, in the matter of (Chamber of Commerce, et al. v. DHS, et al., 12/1/20)
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Pasricha & Patel
Shortly after the publication of the December 2020 visa bulletin by the U.S. Department of State, the USCIS has announced that it will continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications for the December 2020 Visa Bulletin.
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Link: https://www.uscis.gov/news/news-releases/uscis-announces-a-revised-naturalization-civics-test
Pasricha & Patel
USCIS has announced its formal plans to introduce a revised version of the naturalization civics test. The USCIS had previously announced their plans to revise and update the civics portion of the naturalization test in July 2019.
Naturalization applicants who apply for naturalization on or after December 1, 2020 will take the updated version of the test. Those naturalization applicants who apply before December 1, 2020 will take the current version of the naturalization test.
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Link: https://apnews.com/article/us-judge-blocks-immigation-rule-455a43be3393915bc14ec7919bf187d0
Pasricha & Patel
On November 2, 2020, U.S. District Court Judge in the Northern District of Illinois vacated the Department of Homeland Security (DHS)’s Public Charge regulation and ruled that it had violated the Administrative Procedures Act (APA). This ruling takes effect nationwide and with immediate effect. This means the USCIS cannot enforce the public charge rule and this will directly impact applicants who are filing for nonimmigrant change of status and extension of status petitions, as well as those applicants who are applying for adjustment of status petitions with the USCIS.
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Pasricha & Patel
In the follow-up to the highly anticipated October 2020 Visa Bulletin, the USCIS has decided once again to follow the same filing charts for the November 2020 Visa Bulletin.
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Pasricha & Patel
U.S. Department of Homeland Security (DHS) has announced a proposal to change the process by which the USCIS selects the H-1B cap-subject petitions each year. Instead of the random selection process that has been in place for many years, DHS proposes that a new wage-level based selection process be implemented in its place.
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Link: https://www.uscis.gov/news/premium-processing-fee-increase-effective-oct-19-2020
Pasricha & Patel
USCIS has announced that it is increasing the premium processing fee that is utilized for H-1B, and L-1 and various immigrant visa petitions (such as I-140) from $1,440.00 to $2,500.00 starting on Monday, October 19, 2020.
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Pasricha & Patel
Both the Department of Homeland Security and the Department of Labor have simultaneously announced regulations that would not only restrict H-1B eligibility by redefining H-1B specialty occupation and the employer-employee relationship but also raise the wage minimum levels for the H-1B and the alien labor certification PERM filings
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Pasricha & Patel
As part of the U.S. Senate’s continuing resolution bill that funds the U.S. federal government until December 11, 2020, Congress has included some interesting and impactful changes to the USCIS premium processing service that will expand the premium processing option to more visa categories, and allow the USCIS to set higher premium processing fees in order to help bridge the gap in the USCIS’s budgetary shortfall.
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