Chugh Admin, Author at Chugh LLP

Chugh Admin

USCIS to Begin Implementation of the DHS Public Charge Rule Following Court Decision

The United States Citizenship and Immigration Services (USCIS) announced on September 22, 2020 that it will apply the Department of Homeland Security (DHS) public charge rule to all applications and petitions postmarked on or after February 24, 2020 when the rule originally went into effect. This announcement comes after the Second Circuit Court of Appeals’ September 11, 2020 lifting of a nationwide injunction that blocked the implementation of the DHS public charge rule. The public charge rule impacts nonimmigrants who have used or are likely to use certain public benefits.

Critical Information about Upcoming USCIS Fee Changes

United States Citizenship and Immigration Services is set to implement new fee rates for immigration filings postmarked on or after October 2, 2020. Fees for many employment-based applications and petitions will increase. Applications and petitions that are postmarked on October 1, 2020 or earlier will be charged based on current fees. USCIS will reject and return filings submitted with the wrong fee amount and form edition.

USCIS Announces Implementation of New Deferred Action for Childhood Arrivals (DACA) Policy

United States Citizenship and Immigration Services has announced how it will implement Department of Homeland Security (DHS) policy for the Deferred Action for Childhood Arrivals (DACA) program. USCIS will reject all applications from foreign nationals who have never received DACA and return their application fees. These individuals may reapply for DACA without prejudice if this policy is overturned in the future. USCIS will continue to accept DACA applications from people who have received DACA before.

Employers May Temporarily Use Form I-797 to Verify Employment Eligibility on Form I-9

The production of certain Employment Authorization Documents (EAD) is delayed due to the COVID-19 pandemic. Through December 1, 2020, certain employees may use an EAD approval notice as a List C document for employment verification purposes during the Form I-9 process. This Form I-797, Notice of Action for Form I-765 can only be used for employment verification purposes if it indicates that the EAD application has been approved and the notice date is between December 1, 2019 and August 20, 2020. After December 1, 2020, employers may no longer accept Form I-797 for employment verification.

Rethinking Software Development Agreements in the Age of Copyright Battles

The U.S. Supreme Court is scheduled to decide this fall on a decade-old battle between Google and Oracle that may have far-reaching implications for software developers and their clients. This is a unique case because it highlights the importance and complexities of protecting IP rights and applying copyright concepts in a software agreement. As the country awaits the verdict, third-party software developers and their clients should both meet with an intellectual property (IP) attorney to create strong Software Development Agreements that ensure they are fairly entitled to use the code or have certain ownership protection.

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