DHS and DOL Make Key Changes to the H-1B Program and Permanent Labor Certifications and Labor Condition Applications

Earlier this month the Department of Homeland Security (DHS) and Department of Labor (DOL) published two interim final rules that make key changes to the H-1B visa program and permanent labor condition and labor condition application process. The rules, “Strengthening the H-1B Nonimmigrant Visa Classification Program” and “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States”, were both published on October 8, 2020.

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USCIS Increases Premium Processing Fees Effective October 19, 2020

US Citizenship & Immigration Services (USCIS) today announced that the agency will increase fees for the premium processing service effective this coming Monday, October 19, 2020. For all cases currently eligible for premium processing, the fee will be increased from $1,440 to $2,500, except those requesting H-2B or R-1 nonimmigrant status. The premium processing fee for petitioners requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500

Any premium processing request postmarked on or after October 19, 2020 must include the new fee amount. If USCIS receives a Form I-907 postmarked on or after October 19 with the incorrect filing fee, the agency will reject the Form I-907 and return the filing fee.

USCIS Fee Adjustments and Form Changes Will NOT Go Into Effect on October 2, 2020

This week on September 29, 2020, a California district court stayed the implementation and the effective date of the final rule which adjusted the US Citizenship & Immigration Services (USCIS) fee schedule and required new versions of several forms, stating as one of the reasons that Acting Homeland Security Secretary Chad Wolf was likely improperly appointed. This means that the fee increases, along with form and policy changes, will NOT take effect as scheduled on October 2, 2020. The American Immigration Lawyers Association (AILA) confirmed because of the injunction that on October 2, 2020, applicants “are not required to submit the 10/2/20 revised versions of Forms I-129, Form I-765, Form I-912, and Forms N-600/N-600A.”

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USCIS Implements DHS Guidance on DACA

US Citizenship & Immigration Services (USCIS) released guidance late last month on how they will implement Acting Secretary of Homeland Security Chad Wolf’s July 28 Deferred Action for Childhood Arrivals (DACA) memorandum, which was issued after the Supreme Court rejected in June the Trump administration's attempt to rescind the DACA program.

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CBP/TSA End Airport COVID-19 Health Screenings for International Arrivals (Travel Restrictions Remain in Effect)

US Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) published a notice in the Federal Register stating that effective September 14, 2020, flights carrying passengers who were recently present in China (excluding the Special Administrative Regions of Hong Kong and Macau), Iran, the twenty-six countries of the Schengen Area, the United Kingdom, Ireland, and Brazil will no longer be required to land at one of fifteen designated airports in order for passengers to undergo COVID-19 health screenings. This notice only relates to the cancellation of health screenings at designated US airports but does not lift or change the country-specific COVID-19 travel restrictions (which were issued January 31, 2020, February 29, 2020, March 11, 2020, March 14, 2020, and May 24, 2020) for the countries listed above, the immigrant visa travel ban (Presidential Proclamation 10014) or the nonimmigrant visa travel ban (Presidential Proclamation 10052). The American Immigration Lawyers Association (AILA) CBP Liaison Committee confirmed with CBP that the travel restrictions remain in place and those affected by the restrictions will still be required to obtain a National Interest Exemption (NIE) to travel to the US.

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