Immigration Archives | Chugh LLP


US Visa Document

The US Labor Department to Begin Launching its Own Investigations into H-1B Violations

As of July 31, 2020, United States Citizenship and Immigration Services (USCIS) will start to share information about suspected labor law violations by H-1B employers with the US Labor Department. The Labor Department plans to use this information to launch its own H-1B workplace investigations for the first time. This policy change could lead to increased scrutiny for H-1B employers.

Supreme Court Rules that Asylum Seekers Do Not Have the Right to Appeal Deportation Decisions

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.

With USCIS Policy Recission, H-1B Employers Can Now More Easily Prove the Employer-Employee Relationship

On June 17, 2020, United States Citizenship and Immigration Services (USCIS) rescinded two policy memos, making it easier for employers to prove the employer-employee relationship on H-1B visa petitions.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).

L-1 Visas: Recent Trends in Requests for Evidence (RFEs) and COVID-19 Consequences

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.

District Court Suspends Public Charge Regulations During the COVID-19 Pandemic

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.

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