The Department of Homeland Security (DHS) proposes to amend its regulations governing affidavit of support requirements. Certain immigrants must submit an Affidavit of Support executed by a sponsor who agrees to provide financial support to the sponsored immigrant and...
Topic: Immigration Updates
USCIS Issues Guidance on Fee Rule Following Litigation
On September 29, 2020, a U.S. district court preliminarily enjoined the Department of Homeland Security from implementing or enforcing any part of U.S. Citizenship and Immigration Services' (USCIS) rule on its fee schedule and changes to certain other immigration...
Federal Judge Issues Preliminary Injunction Against Trump Block on H, L, J Foreign Workers
On October 1, 2020, a U.S. district judge ruled in NAM v. DHS against aspects of President Trump's June 22, 2020, proclamation that effectively blocked visa issuance to many foreign workers. More specifically, the proclamation prevented visa issuance to intracompany...
Miller Mayer’s Steve Yale-Loehr Quoted re Proposed International Student Rule, Asylum, and the Broken U.S. Immigration System
Miller Mayer immigration attorney Steve Yale-Loehr contributed to a fact sheet, "Proposed Regulation on the Change of Admission Period of F, J, and I Nonimmigrants from Duration of Status," published by the Presidents' Alliance on Higher Education and Immigration....
ICE Proposes a Fixed Time Period of Admission and Extension-of-Stay Procedure for Nonimmigrant Students, Exchange Visitors, Foreign Media Representatives
U.S. Immigration and Customs Enforcement (ICE) proposes to amend its regulations by changing the admission period of F, J, and I individuals from duration of status to admission for a fixed time period. ICE said that admitting individuals in those categories for a...
October Visa Bulletin Shows Major Movement in Employment-Based Cases; USCIS Applies Filing Date Rather Than Final Action Date to Certain Adjustment Applications
On September 24, 2020, the Department of State released the October 2020 Visa Bulletin, which shows major movement in employment-based cases. Among other things, the Filing Date for an EB-3 from India has advanced nearly five years to January 1, 2015, from February 1,...
USCIS Issues Policy Alert on O Nonimmigrant Visa Classifications
On September 17, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a policy alert and published a new section in its Policy Manual related to the "O" nonimmigrant visa classifications. The new guidance (1) expands on how officers determine whether an O-1...
DHS Extends Measures to Limit Non-Essential Travel Across Land Borders
On September 18, 2020, the Department of Homeland Security (DHS) announced an extension until October 21, 2020, of measures to limit all non-essential travel across the U.S. borders with Canada and Mexico. DHS said in a statement, "The U.S., Mexican, and Canadian...
USCIS Sends Reminder to Ensure Employees Choose the Correct Attestation on Form I-9
U.S. Citizenship and Immigration Services (USCIS) disseminated a reminder on September 17, 2020, noting that employers are not liable for any erroneous attestations an employee makes in Section 1 of Form I-9, Employment Eligibility Verification. Rather, an employer...
DOL Interim Final Rule Expected to Raise Wages for H-1B, H-1B1, E-3, and PERM Workers
According to reports, with no advance notice or publication in the regulatory agenda, the Department of Labor submitted an interim final rule on September 16, 2020, to the Office of Management and Budget (OMB) to change the wage minimums and related requirements for...
