Posted on February 23, 2021 by sethlerner1964
An advance copy was made available of a USCIS final rule delaying until December 31, 2021, the effective date of the January 8, 2021, final rule creating a wage-based selection process for H-1Bs. The delayed effective date will be published in the Federal Register on February 8. Additionally, USCIS issued a policy memo noting that, in light of the Ninth Circuit’s decision in Innova Solutions v. Baran, effective immediately, USCIS is rescinding the 2017 policy memo (PM-602-0142), “Rescission of the December 22, 2000, ‘Guidance Memo on H1B Computer Related Positions.'”
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https://californiaimmigration.us/visas/k-1-fiance/
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Filed under: Uncategorized, Visa Petition | Tagged: H-1B, h1b, Prevailing Wage, USCIS | Leave a comment »
Posted on February 23, 2021 by sethlerner1964
On Jan. 20, 2021, President Biden issues a memo directing the secretary of DHS to reinstate Deferred Enforced Departure (DED) for eligible Liberians and to provide for continued work authorization through June 30, 2022. Eligible Liberian nationals – and persons without nationality who last habitually resided in Liberia – covered under DED as of Jan. 10, 2021, may remain in the United States through June 30, 2022. Reinstating DED for Liberians will allow additional time for eligible Liberians to apply for adjustment of status on or before Dec. 20, 2021, under the extension of the Liberian Refugee Immigration Fairness (LRIF) provision. Immigrants covered by DED are not subject to removal for a designated period of time.
https://cbocalbos.wordpress.com/tag/immigration-policy/
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https://californiaimmigration.us/immigration-policy-changes-and-clarification/
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Filed under: Immigration Policy, Uncategorized | Tagged: ded, Deferred Enforced Departure (DED), liberians | Leave a comment »
Posted on February 23, 2021 by sethlerner1964
Thursday, a D.C. federal judge expressed concern that thousands of visa lottery winners affected by President Biden’s continued enforcement of Trump-era travel bans are in danger of losing their visas if he declines their request for immediate relief. According to a motion brought on behalf of the lottery winners, about 7,000 diversity visas issued by the State Dept. last September in response to a court order are set to expire, as they are valid for a maximum of six months. Attorneys for the lottery winners argue that time is of the essence, and emergency relief is the only way to ensure that their visas will be safe until Biden rescinds the bans. The judge said he will issue a decision “quickly.”
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https://californiaimmigration.us/iraqi-refugees-and-immigrants-from-iraq-holding-work-visas-in-the-us-will-experience-many-challenges-in-the-coming-years/
Filed under: Uncategorized, Visas | Tagged: ban, diverse lottery, lottery, muslim ban | Leave a comment »
Posted on February 22, 2021 by sethlerner1964
USCIS announced that, on January 29, 2021, it published the new July 23, 2020, edition of Form I-690, Application for Waiver of Grounds of Inadmissibility, and changed the filing location. Applicants must now send the form to the USCIS Dallas Lockbox.
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Posted on February 19, 2021 by sethlerner1964
White House Chief of Staff Ron Klain issued a memorandum that directs, in part, that 1) all rules pending at the Federal Register that have not been published must be immediately withdrawn and 2) agencies must “consider” postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from the memo’s date. As a result, the DHS final rule narrowly amending regulations to clarify how USCIS will determine whether there is an “employer-employee relationship” between the petitioner and the beneficiary for the purposes of qualifying as a “United States employer” will be withdrawn. As the two companion bulletins published by DOL on January 15, 2021, rely on the finalization of the DHS rule, it is likely that they will be withdrawn by DOL as well.
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https://californiaimmigration.us/new-immigration-reform-bill-makes-changes-prosecutorial-discretion/
Filed under: new regulations, Uncategorized | Tagged: H-1B, ron klain, USCIS | Leave a comment »
Posted on February 18, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This year the H-1B’s are allowed to be filed starting on the 9th of March and going through the last week of March. There are only so many that are available so it is more of a lottery. If you get picked, then you will be able to have it adjudicated for an October 1, 2021 start date.
Bottom Line: Get the H-1B filed right away and get ready.
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Posted on February 12, 2021 by sethlerner1964
SCIS announced that, in response to the coronavirus pandemic, the agency is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain requests for evidence, continuations, notices of intent, and motions to reopen, among other things. In addition, USCIS will consider a Form I-290B or Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision the agency made and if the agency made that decision anytime from March 1, 2020, through March 31, 2021.
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https://californiaimmigration.us/i-131-i-90-and-reentry-permit-renewals-procedures-and-other-permit-renewals-are-reviewed/
Filed under: Uncategorized, USCIS procedures | Tagged: extension of deadlines, USCIS | Leave a comment »
Posted on February 10, 2021 by sethlerner1964
Alejandro Mayorkas was confirmed to serve as secretary of Homeland Security, putting him in charge of carrying out Biden’s immigration agenda and covering national security concerns. The Senate backed Mayorkas in a 56-43 vote. Mayorkas will be tasked with reuniting families separated at the southern border under the Trump administration. As part of his new duties, Mayorkas will also review the Trump-era Migrant Protection Protocols program that has forced tens of thousands people to remain in Mexico while their asylum cases are processed.
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https://californiaimmigration.us/get-a-california-deportation-attorney-to-help-you-file-asylum/
Filed under: Uncategorized | Tagged: biden, DHS, mayorkas, mpp, secretary dhs | Leave a comment »
Posted on February 10, 2021 by sethlerner1964
The Dept. of Labor (DOL) has halted a last-minute attempt by the Trump administration to allow for the intervention of political appointees in the work-visa certification process, citing a negative response to the proposal. The DOL said in a Federal Register notice published Wednesday that a significant adverse comment was received in response to the Trump administration’s direct final rule, issued on Jan. 4. The comment from labor and employment attorney Wendel V. Hall alleged a host of procedural and substantive defects in the proposal that, in his mind, would bias the labor certification process.
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https://californiaimmigration.us/temporary-agricultural-employment-h-2a-provides-answer-to-the-immigration-regulations-of-federal-procedure-to-illegal-workers-in-this-area/
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Filed under: Uncategorized | Tagged: department of labor, DOL, H-2B, Regulations, trump | Leave a comment »
Posted on February 10, 2021 by sethlerner1964
AZ attorney general Mark Brnovich sued DHS on Wednesday over the Biden’s administration’s 100-day deportation pause. He stated that they sued DHS “alleging that their new policy halting deportations is illegal and it’s also contrary to an … [understanding] that we have with Homeland Security.” Arizona is the second state to sue over the deportation pause, following a similar suit brought by Texas on Jan. 22. That suit resulted in a temporary restraining order issued on Jan. 26. In response, The Biden administration argued that the agreement between the states and DHS is unenforceable because “an outgoing administration cannot contract away that power for an incoming administration.
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https://californiaimmigration.us/immigration-reform-usa-exceptions-priorities-deportation/
Filed under: Uncategorized | Tagged: AZ attorney general, biden, Deportation, executive order, moratorium on deportations | Leave a comment »
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