News

Judge Jeffrey White of the federal district court of the Northern District of California issued a preliminary injunction temporarily blocking United States Citizenship and Immigration Services (USCIS) from increasing filing fees for H-1B, L-1, and other nonimmigrant and immigrant petitions, which was set to be effective on October 2, 2020.

United States Citizenship and Immigration Services finally released October 2020’s updated Visa Bulletin. USCIS Visa Bulletin is updated with positive news for family-based immigration petitions. India and China move forward as well.

On August 20, 2020, United States Citizenship and Immigration Services adopted the Administrative Appeals Office (AAO) decision in Matter of Z-R-Z-C-, holding that Temporary Protected Status (TPS) recipients who are granted authorization to temporarily travel abroad under section 244(f)(3) of the Immigration and Nationality Act will resume the same immigration status the alien had at the time of departure when they return from traveling unless the alien is inadmissible under certain criminal or national security grounds or obtains an immigrant or non-immigrant visa and presents it for admission to the United States.

USCIS announced on August 24, 2020 how it will implement Acting Secretary of Homeland Security, Chad Wolf’s July 28 memorandum regarding Deferred Action for Childhood Arrivals (DACA).

Under USCIS’s guidance, it will reject all initial DACA requests from aliens who have never previously received DACA and will return all fees. The rejections will be without prejudice which means that the aliens will be able to reapply when USCIS begins accepting new requests in the future from aliens who have never received DACA. USCIS however will continue to accept requests from aliens who have been previously granted DACA and will accept requests for advance parole that are properly submitted to the address specified on the Direct Filing Addresses for Form I-131 webpage.

On July 31, the Department of Labor announced that it entered into a Memorandum of Agreement (MOA) with the Department of Homeland Security to share information about immigrant and nonimmigrant petition records. The focus of the MOA is primarily to combat abuse and fraud within the H-1B program. As part of this agreement, USCIS will now refer suspected employer violations within the H-1B program to the DOL.

The F-1 visa program is an invaluable program that allows U.S. companies to work with international employees bringing on new experiences, talents, and a diversity in culture and language. According to an investigation performed by the FBI, USCIS, and a joint collaboration between NBC News and NBC Bay Area, over a dozen companies were exposed abusing the F-1 visa program providing false employment verifications with one defendant admitting during federal prosecution that she had provided false employment records for nearly 2,700 students. Reported by various sources, nearly 4,600 international college graduates may find themselves in expedited removal proceedings or denials of re-admission into the United States.

On August 3, 2020, President Trump signed the “Executive Order on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers.” This Executive Order directs federal agencies that award government contracts to use U.S. workers instead of foreign nationals which include H-1B visa holders and secondary employers.

On August 4, 2020, the United States Court of Appeals for the Second Circuit issued a decision limiting the scope of the District Court injunction issued on the application of the February 24, 2020 Public Charge Rule to only New York, Connecticut, and Vermont.

For applicants and petitioners belonging to the other 47 states, the February 24, 2020 Public Charge Rule will be in effect and should act accordingly with the February 24, 2020 Public Charge Rule’s requirements. Those in New York, Connecticut, and Vermont should apply under the 1999 Public Charge Rule.

On February 24, 2020, USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide. This rule requires that USCIS consider whether an immigrant seeking to change or extend their respective status, as well as adjust status to a Legal Permanent Resident obtained public benefits (i.e. Medicaid) during their presence in the United States. State, local or tribal benefits are not considered public benefits within the framework of this rule. Furthermore, testing, screening or treatment for communicable diseases – including the acquisition of vaccines as a preventative measure against vaccine-preventative diseases are also excluded from this rule. Additionally, the rule is not retroactive. This means that benefits -- other than cash or long-term care at government expense -- that are used before the rule is effective on February 24, 2020, will not be considered in the public charge determination. Nevertheless, the rule does not directly block anyone from obtaining public benefits. However, in practice, it may discourage would-be benefit recipients from seeking public assistance. Essentially, the acquisition of public benefits now may result in future inadmissibility. Nevertheless, the receipt of public benefits alone will not be determinative. USCIS will consider multiple factors in determining the inadmissibility of any respective individual

In June 2020, the Department of Homeland Security (DHS) published two rules that change the eligibility criteria and adjudication timeline for Employment Authorization Documents (EADs) based on a pending asylum application.