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The Department of Homeland Security (DHS) issued a final rule expanding the list of dependents who are eligible for employment authorization to include any other immediate family member of A or G foreign officials who falls within a category of aliens designated by DOS as qualifying.

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DHS Announces 22,000 Additional H-2B Visas

DHS announced a supplemental increase of 22,000 visas for the H-2B visa program. The additional visas will be made available in the coming months via a temporary final rule in the Federal Register. Six thousand visas will be reserved for nationals of Honduras, El Salvador, and Guatemala.

USCIS Delays Effective Date of Rule Creating Wage-Based Selection Process for H-1Bs

USCIS published a final rule delaying until December 31, 2021, the effective date of its final rule creating a wage-based selection process for H-1B petitions, which was originally set to become effective March 9, 2021. On Friday, USCIS announced the FY2022 H-1B cap initial registration period will open March 9, 2021.

USCIS has proposed increased fees and a fee for asylum applications.

On November 8, the Trump administration announced a proposal that would increase fees significantly for a range of immigration applications and forms, including citizenship and DACA renewals. The proposal would also institute a $50 fee for asylum applications and a $490 fee for work authorization. The proposal was officially published on November 14 and will have a month-long comment period.

USCIS announced a proposed rule to deny some asylum seekers work authorization.

USCIS announced a proposed rule that would deny work authorization to asylum seekers who entered the U.S. outside of a port of entry. The proposed rule also seeks to automatically end work authorization for asylum seekers whose application is denied and administratively final. Additionally, all asylum seekers who did not file asylum applications within 1 year of their last entry into the U.S. are ineligible for work authorization. The rule also clarifies that if an asylum seeker fails to appear for their appointment, their asylum application or work authorization can be denied. Last, any asylum seeker who was convicted of a felony or certain public safety offenses is ineligible for work authorization. The rule also gives discretion to officers to deny employment authorization for “unresolved arrests or pending charges.” The proposed rule has been published in the Federal Register and is open for comment until January 13, 2020.

The Council Files Another Complaint Challenging USCIS “Not a Specialty Occupation” H-1B Petition Denial

The American Immigration Council filed suit on behalf of a company that provides amenity services to seniors, their families, and their senior communities to challenge USCIS’s “not a specialty occupation” denial of an H-1B petition.

USCIS Resumes Premium Processing for H‑1B Petitions Filed on or Before December 21, 2018

USCIS announced that it will resume premium processing on February 19, 2019, for all H‑1B petitions filed on or before December 21, 2018. For pending H‑1Bs that have been transferred, a premium processing request must be submitted to the service center now handling the petition.

USCIS to Resume Premium Processing for FY2019 H-1B Cap Petitions on Monday

USCIS announced that it will resume premium processing on Monday, January 28, 2019, for all FY2019 H‑1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). The previously announced temporary suspension of premium processing remains in effect for all other categories of H‑1B petitions to which it applied.

H-1B’s All Used Up Already

USCIS announced that the agency had already received more than enough applications to reach the annual cap of 85,000 new H-1B visas within the first five business days of the FY2019 H-1B filing season.

Do I qualify for a work permit, and if so, what must I do?

Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, what must I do?

Answer: First, based upon your degree, you qualify for what is known as a Specialty Occupation Work Visa. This is also known as the H-1B. It is meant for positions which require specialized knowledge and where a college degree is the norm for the industry. Therefore, your position would qualify. You would need to be hired as an accountant.

Question: How do you know that an accountant is a specialty occupation?

Answer: There are many sources that can be viewed from the Department of Labor. These sources are either on the internet, or in printed publication. It basically states what the normal duties for the particular position are and what are the normal educational requirements needed to successfully perform the job.

Question: What type of company must sponsor me?

Answer: As an accountant, any company can sponsor you. Every company can use an accountant. If you had said that you had a degree in biology, your sponsoring companies would have to be much narrower. They would specifically have to deal with biology. The H-1B can be full-time or part-time.

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