On October 21, 2020, the Department of State (DOS) proposed to amend its regulation governing nonimmigrant visas for temporary visitors for business—the B-1 nonimmigrant visa classification—by removing two sentences defining the term "business’" that DOS said are...
Topic: Immigration Updates
Two More Lawsuits Challenge New DOL, DHS Rules
Two more lawsuits have been filed challenging recent Department of Labor (DOL) and Homeland Security (DHS) interim final rules that change how prevailing wages are calculated and redefine "specialty occupation" and the employer-employee relationship, respectively for...
Miller Mayer’s Steve Yale-Loehr Quoted re H-1B Restrictions, Border Wall
Miller Mayer immigration attorney Steve Yale-Loehr was quoted by Voice of America in "Changes to U.S. Temporary Workers Program Scrutinized." He said it remains to be seen "whether the [Department of Labor] can make such a large change [to the H-1B visa program]...
Judge Rules Against DHS in Exclusion of New Yorkers From ‘Trusted Traveler’ Programs
A federal judge ruled on October 13, 2020, that the Department of Homeland Security’s (DHS) decision to suspend the eligibility of New York residents to enroll or re-enroll in the Trusted Traveler Programs (TTPs) operated by U.S. Customs and Border Protection (CBP)...
USCIS Increases Premium Processing Fees
Effective October 19, 2020, U.S. Citizenship and Immigration Services (USCIS) increased fees for premium processing as required by the Emergency Stopgap USCIS Stabilization Act, which was part of the Continuing Appropriations Act signed into law on October 1. The new...
Lawsuit Challenges New DOL Prevailing Wage Rule for H-1Bs; Other Lawsuits to Follow
A lawsuit filed October 16, 2020, by a group of technology consulting firms, ITServe Alliance Inc. et al. v. Scalia et al., is challenging the Department of Labor's (DOL) interim final rule on prevailing wages for H-1B workers. The plaintiffs argue that DOL...
Miller Mayer’s Steve Yale-Loehr Quoted re New H-1B Rules, Student Visa Restrictions
Miller Mayer immigration attorney Steve Yale-Loehr was quoted recently in various media outlets: New York Times, "Trump Moves to Tighten Visa Access for High-Skilled Foreign Workers." Mr. Yale-Loehr said that a new interim final rule increasing the required wages for...
USCIS Issues Guidance on Inadmissibility Based on Membership/Affiliation in Communist Party or Totalitarian Party
On October 2, 2020, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance to address inadmissibility based on membership in or affiliation with the Communist Party or any other totalitarian party. A new section in the USCIS Policy Manual provides...
USCIS Updates Guidance on TPS and Eligibility for Adjustment of Status
On October 6, 2020, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance clarifying whether temporary protected status (TPS) beneficiaries are eligible to adjust status under § 245(a) of the Immigration and Nationality Act (INA). That section...
DHS Revises Definition of H-1B ‘Specialty Occupation,’ Makes Other Changes
The Department of Homeland Security (DHS) issued an interim final rule effective December 7, 2020, that revises the regulatory definition of and standards for a "specialty occupation" for H-1B purposes. The rule: …amends the definition of a "specialty occupation" at 8...
