Sara Herbek

  • North American Border Closures Extended Through February 21, 2021

    North American Border Closures Extended Through February 21, 2021

    Due to ongoing COVID-19 concerns, the current North American border closure will be extended for another month through February 21, 2021.

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  • Biden Plans to Reinstate COVID-19 Travel Restrictions for the UK, Europe and Brazil

    Biden Plans to Reinstate COVID-19 Travel Restrictions for the UK, Europe and Brazil

    The incoming Biden administration has announced plans to block President Trump’s executive order ending COVID-19 travel bans in Europe and Brazil.

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  • Updated: Department of Labor Announces LCA Filing Changes for Third-Party Employers

    Updated: Department of Labor Announces LCA Filing Changes for Third-Party Employers

    On January 15, 2021, the DOL Office of Foreign Labor Certification (OFLC) published an updated H-1B program bulletin revising its Labor Condition Application (LCA) filing.

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  • Former DHS Secretary Chad Wolf Issues Memo Ratifying Certain Regulations

    Former DHS Secretary Chad Wolf Issues Memo Ratifying Certain Regulations

    On January 14, 2021, former Department of Homeland Security (DHS) Secretary Chad Wolf issued a memo ratifying several measures.

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  • Department of Labor Publishes H-1B Prevailing Wage Rule with Phased Implementation Plan

    Department of Labor Publishes H-1B Prevailing Wage Rule with Phased Implementation Plan

    The DOL published the H-1B Prevailing Wage Final Rule in the Federal Register on Jan. 14, 2021. The agency outlined the rule’s phased implementation plan, with new wage levels effective Jul. 1, 2021.

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  • How to Avoid Phishing Attempts and Scams

    How to Avoid Phishing Attempts and Scams

    Phishing attempts are serious security concerns and unfortunately, foreign national students, scholars and employees are often the target of these attempts and other security risks.

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  • Department of Labor Announces Final Rule to Strengthen Wage Protections for Foreign Workers

    Department of Labor Announces Final Rule to Strengthen Wage Protections for Foreign Workers

    On Jan. 12, 2021, the DOL announced that it will issue a Final Rule to increase and reform prevailing wages for foreign worker programs on Jan. 14, 2021, to be implemented in 60 days.

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  • January 2021 Visa Bulletin Released with Advancements in Employment-Based Categories

    January 2021 Visa Bulletin Released with Advancements in Employment-Based Categories

    The January 2021 Visa Bulletin will bring advancement in employment-based categories. USCIS will use the Final Action Date chart in January 2021.

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  • In-Person Nonimmigrant Visa Interview Requirements Waived Through March 31, 2021

    In-Person Nonimmigrant Visa Interview Requirements Waived Through March 31, 2021

    Following the extension of P.P. 10014 and 10052 through March 31, 2021, DHS will continue to waive in-person interview requirements for certain nonimmigrant visas.

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  • Visa Suspensions Extended Through March 31, 2021

    Visa Suspensions Extended Through March 31, 2021

    President Trump has extended Presidential Proclamations (P.P.) 10014 and 10052. The two proclamations, which suspend immigrant and nonimmigrant work visas, will remain in effect through Mar. 31, 2021.

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  • U.S.-CA-MX Border Closures Extended Through January 21, 2021

    U.S.-CA-MX Border Closures Extended Through January 21, 2021

    North American land borders will remain closed through January 21, 2021. U.S.-CA and U.S.-MX land borders have been closed since March 21, 2020 due to COVID-19.

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  • DOL Provides Compliance Update with Court Orders on PERM and H-1B Minimum Wages

    DOL Provides Compliance Update with Court Orders on PERM and H-1B Minimum Wages

    The DOL will return to pre-Oct. 8, 2020 PERM and H-1B, H-1B1, and E-3 OES wage data. The announcement follows two court orders blocking the agency from continuing to implement the rule nationwide.

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  • USCIS Extends I-9 Temporary Measures due to EAD Processing Delays

    USCIS Extends I-9 Temporary Measures due to EAD Processing Delays

    USCIS has extended temporary I-9 employment verification measures through February 1, 2021. The temporary measures were scheduled to expire on December 1, 2020.

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  • Federal District Court Judge Rules OPT Program is Lawful

    Federal District Court Judge Rules OPT Program is Lawful

    On Nov. 30, a U.S. District Court for the District of Columbia ruled that foreign students can remain in the U.S. to work through the DHS’s Optional Practical Training (OPT) program after graduation.

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  • [Updated] New York District Court Orders DHS to Accept New DACA Program Applications

    [Updated] New York District Court Orders DHS to Accept New DACA Program Applications

    On Dec. 4, 2020, a U.S. District Court in Brooklyn, NY ordered DHS to accept new DACA applications. DHS must notify the public by Dec. 7, 2020 that it will accept and adjudicate new applications.

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  • Ninth Circuit Court of Appeals Bans Public Charge Rule in Certain States

    Ninth Circuit Court of Appeals Bans Public Charge Rule in Certain States

    Ninth Circuit Court of Appeals blocked DHS from enforcing the Public Charge rule nationwide on Dec. 2, 2020. The injunction applies to 18 states and Washington, D.C.

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  • [Updated] Northern California District Court Strikes Down H-1B Program Changes

    [Updated] Northern California District Court Strikes Down H-1B Program Changes

    On December 1, 2020, the U.S. District Court for the Northern District of California decided that the interim rules for the H-1B program issued by the DOL and DHS were invalid.

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  • State Department Releases December Visa Bulletin; USCIS to Use Dates for Filing Chart

    State Department Releases December Visa Bulletin; USCIS to Use Dates for Filing Chart

    The State Department has published the December 2020 Visa Bulletin, which will follow the Dates for Filing Chart to determine eligibility for adjustment of status.

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  • U.S.-CA-MX Border Closure Extended Through December 21, 2020

    U.S.-CA-MX Border Closure Extended Through December 21, 2020

    Due to ongoing COVID-19 concerns, North American borders will remain closed for another month. Nonessential travel across U.S.-Mexico and U.S.-Canada borders is banned through December 21, 2020.

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  • DHS Proposes Rule to Expand Biometrics Collection

    DHS Proposes Rule to Expand Biometrics Collection

    DHS has proposed a rule authorizing U.S. Customs and Border Protection (CBP) to expand biometrics collection for certain travelers entering or exiting the country.

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