Editorial Team SUSPENSION OF ENTRY OF IMMIGRANTS WHO PRESENT A RISK TO THE UNITED STATES LABOR MARKET DURING THE ECONOMIC RECOVERY FOLLOWING THE 2019 NOVEL CORONAVIRUS OUTBREAK – – – – – – – BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION The 2019 Novel Coronavirus (COVID-19) has significantly disrupted the livelihoods of Americans. … Read more
A recent US District Court Case provided a victory for H-1B Visa Employers, Employees, and Practitioners. The March 6, 2020 decision in 3Q Digital v USCIS Judge Lamberth ordered USCIS to reopen the case and approve the H-1B petition. There are a few points of interest: The H-1B Visa Petition Job Title was Search Engine … Read more
In TAYLOR MADE SOFTWARE, INC. vs KENNETH T. CUCCINELLI, Judge Rudolph Contreras of the US District Court of the District of Columbia found that USCIS improperly denied an H-1 B Petition for the position of Computer Systems Analyst based on USCIS using an incorrect interpretation of the Specialty Occupation definition. For the purposes of the … Read more
Salary Reduction: There is no need for a new LCA or a new I-129 petition provided that the employer was still paying the “required wage” [meaning the higher of the applicable prevailing wage or actual wage]. Any change in the beneficiary’s wage rate must be disclosed in the next H-1B petition filing with USCIS. Any … Read more
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and … Read more
U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities … Read more
From uscis.gov – 3/20/20 – U.S. Citizenship and Immigration Services today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus Disease 2019 (COVID-19). Effective today, March 20, 2020, USCIS will not accept any new requests for premium processing. USCIS will process … Read more
3/19/2020 – WASHINGTON (Reuters) – The United States is suspending all routine visa services as of Wednesday in most countries worldwide due to the coronavirus outbreak, a spokeswoman for the State Department said, an unprecedented move that will potentially impact hundreds of thousands of people. The Department did not say which or how many countries … Read more
On March 10, 2020, in the court case ITServe Alliance v. L. Francis Cissna, D.C. U.S. District Judge Rosemary M. Collyer invalidated USCIS memos regarding the employer / employee relationship: CIS issued a 2010 Guidance Memorandum (CIS 2010 Guidance Memo), also referred to as the Neufeld Memo, from which comes a new employer-employee relationship set … Read more
ALERT: USCIS will implement the Inadmissibility on Public Charge Grounds final rule on Feb. 24, 2020, except in Illinois, where the rule remains enjoined by a federal court (as of Feb. 5, 2020). If the injunction in Illinois is lifted, USCIS will provide additional public guidance. The final rule will apply only to applications and petitions … Read more
