Search
Contact
Login
Share this article
The U.S. Department of Labor (DOL) announced it will publish a final rule to amend wage obligations for the H-1B, H-1B1 and E-3 specialty occupation visa classifications and for permanent labor certifications (PERMs).
Key Points:
Background: The agency previously attempted to increase wage obligations for the H-1B, H-1B1 and E-3 categories and PERMs through an Interim Final Rule (IFR) issued on Oct. 8, 2020, that took effect immediately. A federal court struck down the IFR, finding that it did not go through proper rulemaking procedures, and the agency stopped applying it in compliance with the court order. The new regulation makes changes to the IFR, including revised wage levels, a transition period that begins July 1, and a phased adoption of the new wage levels.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
Acting Secretary of Homeland Security Chad Wolf announced his resignation Monday.
Background: Wolf took over as acting secretary in November 2019, but did not go through the Senate confirmation process because he was not initially nominated to the cabinet-level position. A Government Accountability Office report subsequently found that Wolf’s appointment as acting secretary was unlawful in violation of agency succession rules. A number of lawsuits challenged DHS regulations, memoranda and other policies that were issued during his tenure, and a number of courts concluded that he had been appointed improperly. Eventually, President Trump formally nominated Wolf as Secretary of Homeland Security; the president withdrew the nomination last week.
U.S. Citizenship and Immigration Services (USCIS) has posted the H-1B regulation that would replace the annual H-1B lottery for cap-subject petitions with a wage-based selection process. The final regulation is expected to be published tomorrow.
Additional Information: BAL is closely following the final regulation and will provide additional updates and analysis as information becomes available.
The U.S. State Department said it will extend until March 31 its policy of granting consular officers greater leeway to waive some interview requirements.
Background: The State Department first implemented its expanded interview waiver policy in August in effort to limit the number of in-person visits and limit the spread of the COVID-19 virus.
BAL Analysis: While the expansion of the interview waiver benefits some applicants, the impact will likely continue to be limited both because consular officers retain discretion to require an interview and because of limited visa services because of the COVID-19 pandemic. BAL continues to monitor the administration’s response to the pandemic and will provide updates as information becomes available.
Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP.
U.S. Citizenship and Immigration Services (USCIS) has extended the filing period for those applying for permanent residency under the Liberian Refugee Immigration Fairness program. The filing period had been set to expire Dec. 20, 2020.
Background: In 2018, President Trump moved to terminate the Deferred Enforced Departure program for Liberia, and extended the wind-down period a number of times, most recently until Jan. 10, 2021. The Liberian Refugee Immigration Fairness program, enacted on Dec. 20, 2019 under the National Defense Authorization law, allows certain Liberian nationals and eligible spouses and children to apply for green cards if they have been “continually physically present” in the U.S. since Nov. 20, 2014 and meet other eligibility criteria.
President Donald Trump has extended immigrant and nonimmigrant work visa bans through March 31, 2021. The bans had been set to expire Dec. 31, 2020.
Background: On April 22, President Trump issued the initial proclamation to temporarily suspend the entry of most immigrant visa applicants because of the COVID-19 pandemic. On June 22, Trump issued a second proclamation, extending the immigrant visa ban and imposing the nonimmigrant visa ban as well.
BAL Analysis: BAL continues to monitor COVID-19 entry and travel restrictions and will provide updates as additional information becomes available.
Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The Trump administration has yet to indicate whether it will extend immigrant and nonimmigrant entry restrictions that were put in place because of the COVID-19 pandemic.
BAL Analysis: While the immigrant and nonimmigrant entry restrictions are set to expire today, it remains possible that the Trump administration may extend or reimpose the restrictions. BAL continues to monitor COVID-19 entry and travel restrictions and will provide updates as additional information becomes available.
The U.S. government has imposed a new COVID-19 testing requirement for people traveling from the United Kingdom. This new requirement is in addition to the existing physical presence ban limiting travel from the U.K.
Background: The testing requirement was imposed amid an outbreak of a new variant of the COVID-19 virus in the U.K. The U.S. had already banned most travel from the U.K. under a Presidential Proclamation issued on March 14. That ban remains in effect, but includes exemptions for U.S. citizens, lawful permanent residents, foreign national spouses of U.S. citizens or lawful permanent residents and a limited number of others. While the U.S. has imposed a number of similar “physical presence” bans (including on travel from Brazil, China, Iran, Ireland and any of the 26 Schengen Area countries), this marks the first time that officials have implemented a testing requirement for those who are permitted to travel to the U.S.
Additional Information: An FAQ on the new testing requirement is available on this CDC web page. A public inspection notice is scheduled for publication in the Federal Register on Dec. 31. BAL will continue to monitor the U.S. government’s response to COVID-19 and will provide updates on important information as it becomes available.
Immigration and Customs Enforcement (ICE) announced today that will extend certain flexible Form I-9 procedures for employers operating remotely because of the COVID-19 national emergency for an additional 30 days.
Background: ICE introduced the temporary measures on March 20 for an initial 60-day period and has extended them in monthly increments since then.
The State Department has released the January Visa Bulletin and U.S. Citizenship and Immigration Services has confirmed that adjustment-of-status applicants must use the Final Action Dates chart to determine filing eligibility in January. Following rapid advancements in October and the use of the Filing Dates chart from October to December, the switch to the Final Action Dates chart in January means that priority-date cutoffs for key employment-based categories will retrogress sharply next month.
Key Movements:
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
BAL Analysis: Since the Final Action Dates will be used in January, most adjustment-of-status applicants in backlogged categories who are eligible to file in December will no longer be eligible to file new applications in January, but the change will not adversely affect applications that have been filed in December. Applicants should continue to work with their BAL professional to complete their applications in a timely manner.