The Department of Labor's Office of Foreign Labor Certification (OFLC) reminded employers that the filing window to submit H-2B Applications for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2021, or later...
President Trump Signs Appropriations Bill with Several Immigration Provisions; State Dept. Issues Related Guidance
On December 27, 2020, President Trump signed the Consolidated Appropriations Act of 2021. Among other things, the new law extends several expiring immigration programs. The E-Verify, Conrad 30, and non-minister religious worker green card programs are reauthorized...
Miller Mayer Receives National Interest Waiver Approval for Mathematician
Miller Mayer recently received an approval for a National Interest Waiver immigrant visa petition for a preeminent Mathematician from Switzerland with multiple mathematical concepts bearing his name. Understandably, USCIS approved this filing in only 8 months without...
Miller Mayer’s Steve Yale-Loehr Quoted re Immigration Proposals, Fee Hikes
Miller Mayer immigration attorney Steve Yale-Loehr contributed a recommendation to "Deregulating Legal Immigration: A Blueprint for Agency Action," published by the Cato Institute. The article presents 30 deregulatory proposals by 15 authors for consideration by the...
In Response to Litigation, USCIS Pauses ‘Blank Space’ Rejection Policy
As a result of litigation in Vangala v. USCIS challenging USCIS's blank-space rejection policy, where the agency rejected applications because of blank spaces, USCIS has agreed to pause implementation of the rejection policy starting December 24, 2020. According to...
Cato Institute Proposes 30 Deregulatory Actions for Biden Administration
The Cato Institute recommended 30 deregulatory actions for the Biden administration to consider, to "lessen the costs of America's outdated immigration laws." The proposals "focus entirely on agency measures to improve the process for legal immigrants." The report...
DOJ Finalizes EOIR Rule on BIA Appeals Processing
The Department of Justice (DOJ) published a final rule, effective January 15, 2021, making multiple changes to processing appeals to the Board of Immigration Appeals (BIA) and to clarify "that there is no freestanding authority of line immigration judges or BIA...
USCIS Updates Discretionary Criteria for Case-by-Case Interview Determinations of Adjustment Applications Based on Refugee or Asylee Status
U.S. Citizenship and Immigration Services (USCIS) expanded the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, based on refugee or asylee status....
DOJ’s Asylum Final Rules Adopt Most Provisions of Interim and Proposed Rules
The Department of Justice issued two final rules on asylum and withholding of removal-related standards and procedures. Final rule on asylum eligibility and procedural modifications. This final rule, effective January 19, 2021, responds to comments received on an...
DOJ Finalizes Rule Hiking Fees for EOIR Applications, Appeals, and Motions
The Department of Justice issued a final rule effective January 19, 2021, adopting fee amounts proposed in February 2020 without change. The rule increases the fees for Executive Office for Immigration Review (EOIR) applications, appeals, and motions subject to an...
