The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and 2019 to determine if U.S. job opportunities or the economy have been adversely affected by the use of temporary foreign workers
Immigration
National Interest Exemptions to Visa Restrictions
The Department of State (DOS) has provided more details to the Consulates on the national interest exemption under President Donald Trump’s June 22, 2020, executive order.
The “Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” bars holders of certain visas from entering the U.S.…
Update: USCIS Furloughs Expected in September Unless Congress Provides Funding
With a breakdown in talks on the latest COVID-19 stimulus package and with most senators and representatives out of town (though the House has been recalled from vacation to address the U.S. Postal Service crisis), USCIS has not received the $1.2 billion that it wants and says it needs to avoid furloughing two-thirds of its…
Update: USCIS Selects Additional H-1B Cap Registrations for FY 2021 Cap
There have been rumors floating that USCIS might be selecting more H-1B cap registrations for the FY 2021 cap. Those rumors appear to be true. As of August 14, 2020, registrants have received emails with notifications of further selections. A USCIS spokesperson said, “that full visa petitions for those selected in the second round…
Public Charge Rule Update: Court Limits Nationwide Injunction to Connecticut, New York, Vermont
On August 12, 2020, the U.S. Court of Appeals for the Second Circuit limited the nationwide injunction on the Department of Homeland Security’s Public Charge Rule to three states: Connecticut, New York, and Vermont.
Since August 14, 2019, exactly one year ago today, when DHS published the final version of the new Public Charge Rule…
Finally, EADs Appear Headed to Foreign Nationals with Approved Applications
Assuming there is no further stalling or litigation by the government, Employment Authorization Documents (EADs) may finally be on their way to approximately 75,000 foreign nationals who have been waiting for them, in some cases for months, after having approved application notices in hand.
In Subramanya v. USCIS, federal District Judge Algenon L. Marbley issued…
Travelers from New York Allowed into Trusted Traveler Programs Again
New Yorkers can once again register for Trusted Traveler Programs.
However, registrants should note that, due to COVID-19, Trusted Traveler Enrollment Centers are closed until at least September 8, 2020.
In early February 2020, the Department of Homeland Security (DHS) prohibited New Yorkers from registering or re-registering for Trusted Traveler Programs, including Global…
New Filing Fees Effective October 2
New USCIS filing fees will go into effect on October 2, 2020, under a new final rule published by the Department of Homeland Security (DHS) in the Federal Register on August 3, 2020. This rule raises fees by a weighted average of 20% and changes the current fee structure to impose specific fees per…
H-1B Update: Administration to Increase Scrutiny, Investigations
Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas.
Without Congressional oversight or legislative changes, the Trump Administration has changed the policies for H-1Bs, resulting in the highest denial rate in history of this legal immigration program. During the ongoing COVID-19 pandemic national emergency,…
Judge Enjoins Public Charge Rule
On July 29, 2020, U.S. District Court Judge George B. Daniels of New York issued a nationwide injunction barring the Department of Homeland Security from enforcing the Administration’s Public Charge Rule during the declared national health emergency in response to the COVID-19 pandemic.
The Rule makes it harder for foreign nationals to obtain green cards…