A new crackdown on membership in, or affiliation with, the Communist Party will have an outsized impact on Chinese intending immigrants, since Communist Party membership is required for most Chinese wishing to advance their careers. On October 2, 2020, U.S....
Topic: Immigration Updates
Miller Mayer’s Steve Yale-Loehr Quoted re Immigration Issues in the U.S. Election, Asylum, Border Wall
Miller Mayer immigration attorney Steve Yale-Loehr was quoted by the Cornell Chronicle in "Webinar Highlights Advocacy for International Students." Mr. Yale-Loehr, who presented the webinar, "Ballots and Borders: Election 2020: What's at Stake for International...
E-Verify Releases Do’s and Don’ts When Creating Cases
E-Verify released the following "do's and don'ts" for employers: DO's DON'Ts • Review acceptable documents from Form I-9 Lists of Acceptable Documents • Discriminate against workers because of their national origin, citizenship, or immigration status...
DHS Cracks Down on Alleged Optional Practical Training Fraud
According to reports, U.S. Citizenship and Immigration Services (USCIS) plans to revoke or fail to renew 1,100 Optional Practical Training (OPT) work permits of international students. OPT allows international students to work in a field directly related to their area...
State Dept. Proposes to Eliminate ‘B-1 in Lieu of H’ Policy Unless Nonimmigrant Otherwise Qualifies
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...
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...
