The US Department of Labor has proposed changes to permanent labor certification (PERM) application forms, instructions, and other materials that are collected during the employment-based permanent residence (green card) sponsorship process. Most of the proposed changes are to Form ETA-9089, Application for Permanent Employment Certification.
On June 25, 2020, the United States Supreme Court ruled in Department of Homeland Security v. Vijayakumar Thuraissigiam that a law limiting the ability of federal courts to review asylum seekers’ deportation orders was constitutional. In the future, asylees may be deported without getting the opportunity to have their deportation decisions reviewed again by the judiciary.
On June 17, 2020, United States Citizenship and Immigration Services (USCIS) rescinded two policy memos, making it easier for employers to prove the employer-employee relationship on H-1B visa petitions. Instead of needing to demonstrate all the elements of an H-1B employer-employee relationship, employers will now only need to demonstrate one of the following: whether they have the ability to hire, pay, fire, supervise, or otherwise control the work of the employee. This change will likely make it easier to complete H-1B petitions and avoid Requests for Evidence (RFEs).
Under the Trump Administration, United States Citizenship and Immigration Services (USCIS) is closely scrutinizing visa petitions and issuing Requests for Evidence (RFEs) that can seem templated and randomized. L-1 intracompany transferee visas are targeted the most, with high rates of denial and over 60% of L-1 petitions receiving RFEs. Work with an experienced immigration attorney to overcome these barriers and effectively sponsor your L-1 employees.
The Department of State (DOS) and Department of Homeland Security (DHS) are temporarily restrained from enforcing public charge rules during the COVID-19 national health emergency, based on a ruling by Judge George Daniels of the US District Court for the Southern District of New York on July 29, 2020. This order is effective nationwide, at any time when there is a national health emergency related to the COVID-19 pandemic.
The Department of Homeland Security has clarified that new or initial F and M students may not engage in fully online learning for Fall 2020. The US Department of State will not issue new visas to these students, and US Customs and Border Protection will not admit them into the country. Foreign nationals who have been granted a change of status to an F or M visa may not be permitted to engage in fully online studies and may violate their status if they do so in Fall 2020.
United States Citizenship and Immigration Services (USCIS) Acting Director Joseph Edlow has confirmed that the agency will postpone furloughs of more than 13,000 of its workers through August 31, 2020. Previously, the furlough was set for August 3. USCIS is hoping that this delay will give Congress enough time to approve the additional funding needed to help the agency avoid furloughing their staff.