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A federal court has issued a temporary restraining order against U.S. Citizenship and Immigration Services (USCIS) for delays in printing employment authorization documents (EADs).
Key points:
Background: The lawsuit was brought by several applicants who have waited months without receiving their EAD cards following approval of their applications, alleging they will lose their jobs and health insurance, and be unable to find work or support their families without proof of employment authorization. The USCIS Ombudsman recently acknowledged delays in printing EADs, as well as green cards, because USCIS ended a contract with the company that printed them.
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U.S. Immigration and Customs Enforcement (ICE) has issued clarifying questions for fall 2020 students, announcing that new and initial students on F and M visas will not be permitted to enter the United States if they attend universities that only offer online courses this fall.
The new policy will not affect the ability of previously enrolled F and M students who have maintained their status to attend universities with fully online coursework. ICE also indicated that F or M students who attend schools with a mix of in-person and online classes should also not be impacted. Additionally, recent graduates in an active SEVIS status will be able to continue to work during their 12-month optional practical training (OPT) period or a STEM OPT extension, if applicable.
Background: The July 24 announcement followed legal wrangling over ICE’s move earlier last month to bar all F and M students from taking a full online course load this fall. After a number of universities sued over the July policy, ICE backed down and the agency agreed to extend temporary COVID-19 measures implemented in March. These measures allow foreign students to take more online courses than normally permitted because of the COVID-19 pandemic.
BAL Analysis: The change will limit the ability of some new and initial students on F and M visas to come to the United States and enroll in their universities this fall, especially given that a number of schools have announced plans to hold fall semester classes mostly or entirely online. The policy will not affect previously enrolled students who have maintained their status or the ability of previously enrolled students to obtain practical training authorization. A number of questions remain unanswered, including whether the State Department will issue visas to new students who have already been issued a valid Form I-20. BAL continues to monitor the administration’s response to the COVID-19 pandemic and will provide updates on key developments as information becomes available.
President Donald Trump signed an executive order today aimed at reviewing the hiring practices of federal contractors.
BAL Analysis: The executive order has no immediate impact on the H-1B program. DHS and DOL were already directed by the June 22 work-visa ban to issue regulations or take other actions to ensure the presence of H-1B workers in the U.S. does not disadvantage U.S. workers. The agencies have not yet released details of additional actions relating to the H-1B program. BAL will continue to provide updates on developments as information becomes available.
U.S. Citizenship and Immigration Services (USCIS) has posted its final fee regulation for public inspection.
BAL Analysis: Current fee levels will remain in effect until the new rule takes effect. Employers should prepare for the increases in USCIS filing fees this fall. The rule may be subject to litigation, which could affect implementation timelines. BAL is reviewing the rule and will provide additional analysis in coming days.
A federal court in New York has issued a preliminary injunction blocking the government from enforcing the public charge rule during the COVID-19 national emergency.
Background: The lawsuit was filed by several states and nonprofit organizations. The public charge rule significantly broadens the grounds of inadmissibility of green card applicants on the basis of their past or future reliance on public benefits. Adjustment of status applicants are required to provide extensive financial and health details and complete an 18-page Form I-944 Declaration of Self-Sufficiency.
BAL Analysis: The Department of Homeland Security has not yet issued any guidance in response to the ruling. The government is likely to appeal the decision, as in previous proceedings on this issue. BAL is closely following the case and the response from DHS and will report developments as information becomes available.
The Department of Homeland Security (DHS) announced Tuesday that it would continue to accept Deferred Action for Childhood Arrivals (DACA) renewal applications, but not new enrollees, while it undertakes a review of the program. The announcement followed a Supreme Court ruling in June, holding that the Trump administration’s initial attempt to end the program was unlawful.
Additional information: In its ruling in June, the Supreme Court held that the way the administration moved to end DACA was unlawful, but the Court left the door open for DHS to modify or end the program if it followed proper procedures. In an eight-page memo, DHS highlighted a number of “areas of concern” on DACA, including whether Congress should resolve the issue, whether deferred action should be taken on a case-by-case basis, that the program may send mixed messages about the government’s enforcement of immigration laws, and that the program may encourage people to bring children to the U.S. unlawfully.
BAL Analysis: While DHS considers the future of the DACA program, it will continue to accept renewals and grant renewals for one-year periods. This means that the DACA status quo will largely remain in place past the November presidential election, which could determine the future of the program. DACA remains popular among most Americans and has strong support in the business community. BAL will continue to monitor the administration’s actions on DACA and will provide more information as it becomes available.
U.S. Citizenship and Immigration Services (USCIS) has agreed to postpone its scheduled furlough of its employees, Senator Patrick Leahy, D-Vt., vice chair of the Senate Appropriations Committee announced today. Key points:
China has ordered the closure of the U.S. Consulate General in Chengdu. The move was made in retaliation for the U.S.’s order earlier this week for China to close the Chinese Consulate General in Houston.
Key Points:
Background: The U.S. ordered the closure of the Chinese consulate in Houston earlier this week, saying it was doing so “to protect American intellectual property and American’s (sic) private information.” China’s Foreign Ministry called the U.S.’s move “outrageous” and “unjustified” and said China would take “legitimate and necessary” counter measures if the decision is not reversed. Chine authorities ordered the closure of the Chengdu consulate on Friday.
Analysis & Comments: Applicants should prepare for delays in processing and await additional details on which consulates will assume jurisdiction over applications that had been previously submitted in Chengdu.
The Department of Homeland Security has announced that it will lift its ban on Trusted Traveler programs for New York residents.
Background: DHS suspended the enrollment of New York residents in Trusted Traveler programs in February, citing a New York law that limited information sharing between the New York Department of Motor Vehicles and DHS. DHS said Thursday that New York had amended the law in question to “expressly allow for information-sharing of NY DMV records ‘as necessary for an individual seeking acceptance into a trusted traveler program, or to facilitate vehicle imports and/or exports.”
The Office of Management and Budget has completed its review of the U.S. Citizenship and Immigration Services (USCIS) final fee regulation.