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?
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.
The Department of Homeland Security recently announced a proposal that would require H-1B petitioners to first electronically register with USCIS.
