Francis Bocala, Author at Chugh LLP

Francis Bocala

President Biden Rescinds Expanded Notices to Appear Policy of Trump Administration

In a memo released on January 20, 2021, the Biden administration requested the Department of Homeland Security (DHS) to review all United States immigration enforcement policies. In addition to freezing previous deportation policy and putting a pause on most removals for 100 days, the memo also rescinded six immigration policies from the previous administration. Most notable among these is the cancellation of 2017 Notices to Appear (NTA) policy, which expanded the scope of which foreign nationals were placed in removal proceedings.

President Biden issues Six Immigration Executive Orders

President Joe Biden signed six immigration executive orders and memoranda during his first day in office on January 20, 2021. These orders overturn numerous Trump-era immigration policies, including ending the travel ban for nationals of certain countries, construction of the US-Mexico border wall, protections for Deferred Action for Childhood Arrivals (DACA) recipients, and more.

CBP Extends Travel Restrictions for Nonessential Land and Ferry Travel Across US Borders with Canada and Mexico through February 21, 2021

United States Customs and Border Protection (CBP) will extend border restrictions which block all nonessential land and ferry travel across the United States borders with Mexico and Canada through February 21, 2021. Air travel is not affected by the restriction. Essential travel is permitted, and includes things like travel for work, school, medical treatment, and more. These restrictions have been renewed multiple times since being enacted on March 21, 2020 to help reduce the spread of COVID-19.

DHS Final Rule Will Select H-1B Beneficiaries Based on Wage Level, Replacing Randomized H-1B Lottery Selection Process

The Department of Homeland Security (DHS) has released a final rule that will replace the current randomized H-1B lottery selection process with a new H-1B selection process that prioritizes wages. Under the new rule, H-1B visas will be awarded based on prevailing wage levels, with priority given to workers that earn the highest salary based on their occupation and geographic area. The rule will be effective on March 9, 2021.

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