USCIS Adjusts Fees Effective October 2, 2020

The Department of Homeland Security (DHS) announced a final rule that adjusts US Citizenship & Immigration Services (USCIS) fees by a weighted average increase of twenty percent. The updated fees are effective October 2, 2020, and any application, petition, or request postmarked on or after this date must include payment of the new, correct fee. Since these fees fund nearly ninety-seven percent of USCIS’ budget, the agency claims the weighted increase is necessary to avoid a budget shortfall of an estimated $1 billion per year. “USCIS is required to examine incoming and outgoing expenditures and make adjustments based on that analysis,” Joseph Edlow, USCIS deputy director for policy, said. “These overdue adjustments in fees are necessary to efficiently and fairly administer our nation’s lawful immigration system, secure the homeland and protect Americans.”

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President Trump Signs Executive Order on Use of Foreign Workers by Federal Agencies

President Trump today signed an executive order meant to protect American workers and prevent US federal agencies from outsourcing jobs to foreign workers. The executive order directs federal agencies to conduct an internal audit to review contracts and hiring practices to assess any negative impact and effect of contractors’ use of temporary foreign labor or offshore work on US workers and to take corrective action as necessary. The executive order additionally directs the Secretaries of Labor and Homeland Security to take action, within forty-five days, to “protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the requirements of section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)).” The executive action was reportedly prompted by the announcement from the federally-owned Tennessee Valley Authority that it will lay off sixty-two information technology workers and outsource data and programming work. We will continue to provide updates and developments regarding this executive order as appropriate especially as it relates to the H-1B visa program.

CNN: “Judge blocks administration from implementing 'public charge' rule for immigrants during pandemic”

Last week, on July 29, 2020, Judge George Daniels of the US District Court for the Southern District of New York blocked the government from “enforcing, applying, implementing, or treating as effective,” the “public charge” rule during the COVID-19 pandemic. Separately, the court also blocked the government from implementing or taking any actions to enforce or apply the 2018 FAM Revisions, the DOS Interim Final Rule on Visa Ineligibility on Public Charge Grounds (84 FR 54996, 10/11/19), or the President’s October 4, 2019 Proclamation, “Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System in Order to Protect the Availability of Healthcare Benefits for Americans,” during the COVID-19 pandemic. These injunctions apply nationwide.

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Can I Travel to the US? COVID-19-Related Travel Restrictions and Issues

What a strange and unpredictable year this has been! As countries start to open up their borders to international travelers, the most common question we have been getting over the last few months has been, "Can I travel to the US?" Unfortunately the very lawyerly answer is: "It depends." It depends what country you are coming from. It depends if you have a visa and in what visa category you intend to travel to the US. It depends on whether you have a Green Card. It depends on whether you have a legal permanent resident or US citizen relative. It may even depend on what exactly you intend to do in the US. Below we will try to unravel some of these issues but in many cases there are no clear answers. One caveat: the information about travel to the US is changing on an almost daily basis, therefore more than ever before, if you intend to travel to the US, it is vitally important you check with an immigration lawyer for specific advice on your individual circumstances.

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Condé Nast Traveler: "New Yorkers Can Enroll in Global Entry Again"

Officials at the Department of Homeland Security (DHS) lifted the ban on New York state residents applying for membership in trusted traveler programs including Global Entry after barring applications from state residents for nearly six months. DHS lifted the ban after stating in a federal court filing that its reasoning for the policy was based on false statements. In February, DHS had suspended New Yorkers from the trusted traveler programs after the New York State “Green Light” law was passed that allowed undocumented immigrants the ability to obtain driver’s licenses. DHS officials claimed after the law was passed that if they could not freely access the state’s DMV database, they would not be able to verify an individual’s eligibility for Global Entry, but other states with similar policies were not excluded. Officials also amended the “Green Light” law to allow federal agencies access to the DMV records for applicants to the trusted traveler programs.

New Yorkers’ applications for Global Entry and other trusted traveler memberships including NEXUS, SENTRI, and FAST will now be processed. When the ban was enacted, approximately 175,000 New Yorkers were reportedly removed from the programs and approximately 80,000 conditionally approved or pending applications were rejected. Although New York State residents can now submit applications and renewals to Global Entry, Customs and Border Protection (CBP), which runs the trusted traveler programs, has shut down all enrollment centers until at least August 10. “The Trump Administration backing down and restoring Global Entry and other Trusted Traveler Programs to New Yorkers is a victory for travelers, workers, commerce, and our state’s economy,” Letitia James, NYS Attorney General, who sued the Trump administration over the ban, said in a statement. “We will continue to defend New York’s right to pass its own laws and will fight to protect our state’s residents anytime they are bullied by the president because safety and fairness are not mutually exclusive under the law.”

AILA: Extensive Delays for Printing of EAD Cards and Green Cards

The American Immigration Lawyers Association (AILA) states that in recent weeks they have received reports from members of delays in the issuance of Employment Authorization Documents (EAD) and Lawful Permanent Resident Cards (i.e., Green Cards) for some employment-based, family-based, and asylum-based immigration applications. Columnist Catherine Rampell in The Washington Post also confirmed the delays noting that US Citizenship & Immigration Services (USCIS) has shut down printing EADs and Green Cards at one facility in Corbin, Kentucky, weeks ago, as well as scaled back printing at a second facility in Lee's Summit, Missouri, all of which have led to these massive delays.

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