I. DOL Interim Final Rule on Computation of Prevailing Wage Levels The Department of Labor is issuing rules amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. The IFR will be published today, 10/8/20, and will be effective on the date of [...]
On September 30, 2020 the President signed H.R. 8337 the Continuing Appropriations Act, 2021 and Other Extensions Act, which will fund the government through December 11, 2020. Included in the Act is language from the Emergency Stopgap USCIS Stabilization Act (H.R. 8089), which seeks to address USCIS’s budget shortfall. The relevant language begins on page 30 [...]
On September 29, 2020, a district court stayed the implementation and the effective date of the August 2020 Final Rule, which changed the fee schedule and required new versions of several forms, in its entirety pending final adjudication of this matter. (ILRC et al., v. Wolf, et al., 9/29/20) As of September 30, 2020, many of you [...]
The October Visa Bulletin has been released and there is significant movement in priority dates, especially for EB3 India and China. See figure below. For those with pre-approved I-140s in the EB2 category, the possibility of filing a second application under the EB3 category and concurrently filing an Application to Adjust Status is both [...]
Unlike most government agencies, USCIS is fee funded. Fees collected and deposited into the Immigration Examinations Fee Account fund nearly 97% of USCIS’ budget. As required by federal law, USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. Under a [...]
On August 3, 2020, USCIS published a Final Rule that significantly alters the USCIS fee schedule by adjusting fees by a weighted average increase of 20 percent, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms. The rule also removes certain fee exemptions, changes fee [...]
USCIS announced that due to EAD production delays, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of an Application for Employment Authorization (Form I-765) as a Form I-9, Employment Eligibility Verification, List C #7 document [...]
Infographic listing the most important points about the latest Presidential Proclamation.
This evening, President Trump issued a proclamation continuing Proclamation 10014 from April 22nd At the outset, here is what you need to know: Most domestic immigration – H-1Bs, L-1s, Os, Ps and all other forms of nonimmigrant visas including, H-1B CAP filings are unaffected Change of Employment and Extensions of nonimmigrant status can continue [...]
USCIS issued a memo rescinding two policy memoranda regarding the adjudication of certain petitions for H-1B nonimmigrant classification. USCIS is issuing updated policy guidance in their place. The rescinded memos are: Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16) ), HQ 70/6.2.8 (AD 10-24), issued January 8, [...]