Judge Issues Preliminary Injunction Halting Proclamation Suspending Entry of H-1B, H-2B, J-1, and L-1 Workers for Plaintiffs

In early October, Judge Jeffrey S. White of the US District Court for the Northern District of California temporarily blocked further implementation of section 2 of the June 22 presidential proclamation (PP 10052) that suspended entry into the US for H-1B highly-skilled workers, H-2B nonagricultural workers, J-1 exchange visitors including interns, trainees, teachers, camp counselors, and au pairs, and L international intracompany transfers, and all their dependents. This injunction is not nationwide and only applies to plaintiffs and members of the plaintiff groups. In his opinion, Judge White criticized the June 22 presidential proclamation noting it did not address the issue it was supposed to fix, namely helping the domestic economy by providing more job opportunities for Americans. “[T]he Proclamation completely disregards both economic reality and the pre-existing statutory framework. Furthermore, without any consideration of the impact on American firms and their business planning, the Proclamation abruptly changed the scope of immigration policy in the United States.”

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DHS and DOL Make Key Changes to the H-1B Program and Permanent Labor Certifications and Labor Condition Applications

Earlier this month the Department of Homeland Security (DHS) and Department of Labor (DOL) published two interim final rules that make key changes to the H-1B visa program and permanent labor condition and labor condition application process. The rules, “Strengthening the H-1B Nonimmigrant Visa Classification Program” and “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States”, were both published on October 8, 2020.

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USCIS Increases Premium Processing Fees Effective October 19, 2020

US Citizenship & Immigration Services (USCIS) today announced that the agency will increase fees for the premium processing service effective this coming Monday, October 19, 2020. For all cases currently eligible for premium processing, the fee will be increased from $1,440 to $2,500, except those requesting H-2B or R-1 nonimmigrant status. The premium processing fee for petitioners requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500

Any premium processing request postmarked on or after October 19, 2020 must include the new fee amount. If USCIS receives a Form I-907 postmarked on or after October 19 with the incorrect filing fee, the agency will reject the Form I-907 and return the filing fee.

USCIS Fee Adjustments and Form Changes Will NOT Go Into Effect on October 2, 2020

This week on September 29, 2020, a California district court stayed the implementation and the effective date of the final rule which adjusted the US Citizenship & Immigration Services (USCIS) fee schedule and required new versions of several forms, stating as one of the reasons that Acting Homeland Security Secretary Chad Wolf was likely improperly appointed. This means that the fee increases, along with form and policy changes, will NOT take effect as scheduled on October 2, 2020. The American Immigration Lawyers Association (AILA) confirmed because of the injunction that on October 2, 2020, applicants “are not required to submit the 10/2/20 revised versions of Forms I-129, Form I-765, Form I-912, and Forms N-600/N-600A.”

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USCIS Implements DHS Guidance on DACA

US Citizenship & Immigration Services (USCIS) released guidance late last month on how they will implement Acting Secretary of Homeland Security Chad Wolf’s July 28 Deferred Action for Childhood Arrivals (DACA) memorandum, which was issued after the Supreme Court rejected in June the Trump administration's attempt to rescind the DACA program.

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