U.S. Alerts

DHS Issues Final Rule to Remove Vacated H-1B Rule The Department of Homeland Security issued a final rule, effective May 19, 2021, that removes an interim final rule issued in October 2020 and later vacated by a federal district court, “Strengthening the H-1B Nonimmigrant Visa Classification Program.” The interim final rule made changes to the

DHS Ratifies Rule That Removes 30-Day EAD Processing RequirementOn May 7, 2021, Secretary of Homeland Security Alejandro Mayorkas ratified a rule regarding applications for employment authorization documents (EADs) filed by people who have applied for asylum.The Department of Homeland Security (DHS) said that although the promulgation of the rule and its ratification “were necessary and

DHS Corrects Deadline for Comments on How USCIS Can Reduce Barriers/Burdens in Regulations and Policies The Department of Homeland Security (DHS) issued a correction to its notice seeking comments from the public on how U.S. Citizenship and Immigration Services (USCIS) can reduce administrative and other barriers and burdens within its regulations and policies, including those

OFLC Announces New Application for Prevailing Wage Determination The Department of Labor’s Office of Foreign Labor Certification (OFLC) revised its Form ETA-9141, Application for Prevailing Wage Determination, for use beginning May 3, 2021. As of 8 a.m. on May 3, 2021, OFLC will only accept prevailing wage applications submitted using the new form. OFLC will

Class Action Filed Against DHS for L-2 and H-4 Processing Delays On March 22, 2021, the American Immigration Lawyers Association (AILA) and Wasden Banias, LLP, filed a class action lawsuit against the Department of Homeland Security (DHS), challenging processing delays on extensions of status and employment authorization documents (EADs) for H-4 and L-2 nonimmigrant spouses.

DHS Rescinds Public Charge Rule, Withdraws Appeals of Injunctions Blocking It The Department of Homeland Security (DHS) rescinded regulations resulting from a final rule issued in August 2019 that was vacated by a federal district court. Under the now-rescinded rule, the government could deny applications for green cards, temporary nonimmigrant status, and naturalization if the

“U.S. Citizenship Act of 2021” Unveiled by Biden Administration, Democrats The Biden administration and Democratic sponsors in the Senate and House of Representatives have put forth a sweeping new immigration reform bill, the 353-page “U.S. Citizenship Act of 2021.” The bill states its purpose as providing an earned path to citizenship, addressing the root causes

USCIS Delays H-1B Wage-Based Selection Process for Cap-Subject Petitions U.S. Citizenship and Immigration Services (USCIS) is delaying the effective date of a final rule that changed the selection process for cap-subject H-1B petitions. The rule would essentially eliminate the lottery process to give priority to higher wage offerings. The wage-based selection process is delayed to