U.S. Alerts

DHS Extends Form I-9 Requirement Flexibility  The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) extended until December 31, 2020, flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic. The temporary guidance was set to expire November 19, 2020.

Federal Judge Issues Preliminary Injunction Against Trump Block on H, L, J Foreign Workers On October 1, 2020, a U.S. district judge ruled in NAM v. DHS against aspects of President Trump’s June 22, 2020, proclamation that effectively blocked visa issuance to many foreign workers. More specifically, the proclamation prevented visa issuance to intracompany transferees

DOL Issues Interim Final Rule Raising Prevailing Wages for Foreign Workers The Department of Labor (DOL) issued an interim final rule on October 8, 2020, amending Employment and Training Administration (ETA) regulations governing prevailing wages for nonimmigrant H-1B, H-1B1, and E-3 foreign workers and immigrant EB-2 and EB-3 and foreign workers. Specifically, DOL is increasing

Late November Visa Bulletin Preserves Forward Movement for Employment-Based Immigrant Visa Numbers The Department of State released the November Visa Bulletin about two weeks later than usual, and U.S. Citizenship and Immigration Services (USCIS) is allowing applicants to use the “Dates for Advanced Filing” chart (Chart B) for November. Chart B for November preserves the

President-Elect Biden Pledges Immigration-Related Actions in First 100 Days President-elect Joe Biden has pledged in the first 100 days of his administration to set in motion a number of immigration-related actions. Some of his proposals could be launched immediately, while others may require new regulations or Congressional action. Trump administration rules finalized before President Trump

Some employers have learned the hard way that the role of representatives and attorneys is clearly separated in the PERM Rule and that violation of that rule may result in harsh consequences. Employers are required to be totally involved in the recruitment process of their PERM applications.  Their attorneys cannot review resumes, interview applicants, or

The U.S. Citizenship and Immigration Services (USCIS) has proposed a rule to increase the filing fees for most of its applications and petitions for immigration benefits. The proposed rule will adjust the USCIS fee schedule by a weighted average increase of 21%.  The increase in filing fees is needed in order to ensure USCIS has

Introduction The Department of Labour (DOL) has introduced its electronic review officers and launched its new online portal – the Foreign Labour Application Gateway (FLAG). Speakers at the workshop included senior DOL representatives, centre directors, tech personnel, review officers, prevailing wage specialists and help-desk assistants from the DOL’s Chicago, Atlanta and Washington offices. While the FLAG portal

In January 2019, the U.S. Department of Homeland Security (DHS) passed a rule that amended the regulations governing the H-1B cap-subject selection process.  This rule resulted in two major changes.  The first change requires employers seeking to file an H-1B cap-subject petition for a foreign national to register the foreign national with the U.S. Citizenship

The Office of Management and Budget (OMB) has completed its review of the proposed H-1B registration fee rule. The proposed registration fee, titled Fee for Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens, will allow USCIS to charge a nominal fee for each registration that is submitted to