When I think back on the immigration aspects of the year 2020, I am struck by the amount of time our firm had to regroup, revise and rethink normal ordinary immigration practices and procedures. In the year 2020, immigration lawyers scrambled to ascertain what forms were required, what supporting documents were required, where to file applications and what the fees were.
We are hopeful for substantive change for the better in immigration policies and procedures. Like you, I am wondering… now what happens?
New DOL & DHS Rules Make Game Changing Revisions to PERM and H-1B Wages and Minimum Qualifications GalleryGreen Cards, H-1B, Immigration, Immigration Regulations, Nonimmigrant Visas, PERM, USCIS, Wage Requirements
On October 6, 2020, the U.S. Department of Labor (DOL) and U.S. Department of Homeland Security (DHS) released the text of game changing revisions to PERM and H-1B regulations. The DOL has announced that an Interim Final Rule, making sweeping changes to H-1B and PERM wage requirements, will be published October 8, 2020 and will be effective immediately upon publication. On the same day, DHS announced the publication of new regulations tightening requirements for H-1B degree requirements and employer / employee relationships. These new regulations are intended to protect U.S. workers by narrowing the pool of qualifying H-1B petitions to high wage / high skill positions.
On September 24, 2020, the Department of State released the October 2020 Visa Bulletin advancing EB-3 Indian priority dates significantly. The dates that govern the ability to file adjustment of status (“green card”) applications for thousands of foreign workers advanced 5 years. This opens the door for many long languishing cases to be filed. Given the fact that all U.S. Embassies and Consulates are not currently open to the public for visa interviews, it is difficult to imagine that this proclamation has any real immediate effect. Anyone who could get an immigrant visa has already gotten an immigrant visa. Therefore, this proclamation essentially extends the status quo for at least 60 days.
On April 22, 2020, President Trump signed a proclamation refusing entry to foreign nationals seeking to enter the U.S. as immigrants after 11:59 p.m. Eastern Time on April 23, 2020. The ban lasts for an initial period of 60 days. Given the fact that all U.S. Embassies and Consulates are not currently open to the public for visa interviews, it is difficult to imagine that this proclamation has any real immediate effect. Anyone who could get an immigrant visa has already gotten an immigrant visa. Therefore, this proclamation essentially extends the status quo for at least 60 days.
There is much uncertainty surrounding the announcement by President Donald Trump that he will sign an executive order temporarily suspending all U.S. immigration in light of the coronavirus pandemic. As the president has not signed the executive order, all information available is speculation.
It’s hard to believe, but it has almost been 30 days since the country first began sheltering in place. Unfortunately, there are a few H-1B / E-3 posting requirements that are triggered when employees are moved to locations not listed as work sites on their H-1B / E-3 applications.
This blog post is intended to provide a source of COVID-19 information provided by agencies and organizations. International travel issues and impediments are arising rapidly. These resources are updated internally by the hosts and reflect the most recent and reliable information available to the public.
This note regards our preparations in response to the COVID-19 outbreak. Inhabitants of six counties of the San Francisco Bay Area were instructed at 1pm on Monday 16 March to remain at home and “Shelter in Place” through Tuesday 7 April. We are taking appropriate steps to ensure the safety of our staff and our clients. The situation is fluid, and current exceptions permit us to provide essential services from our office and to facilitate the activities of our remote workers. We plan to meet all deadlines.
On January 30, 2019, the Department of Homeland Security announced the publication of a Final Rule making changes to the H-1B program. As E&M Mayock predicted, this year’s H-1B cap season will be the same as in seasons past.