Sara Herbek

  • 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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  • USCIS to Implement Updated Naturalization Civics Test on December 1, 2020

    USCIS to Implement Updated Naturalization Civics Test on December 1, 2020

    USCIS plans to implement an amended naturalization civics test, which is required for most individuals seeking U.S. citizenship. The new naturalization civics test will be implemented on Dec. 1, 2020.

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  • ICE Urged to Drop Proposed Duration of Status Regulation

    ICE Urged to Drop Proposed Duration of Status Regulation

    ICE is facing pressure from business and higher education groups to withdraw a proposed regulation setting maximum periods of stay for exchange visitors and foreign students.

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  • Updated: Public Charge Rule Vacated Nationwide

    Updated: Public Charge Rule Vacated Nationwide

    On November 2, 2020, the Federal District Court vacated the Public Charge Rule nationwide. Effective immediately, the Department of Homeland Security (DHS) can no longer apply the Public Charge Rule.

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  • Updated: DHS to Implement New Rules That Change the H-1B Cap Selection Process

    Updated: DHS to Implement New Rules That Change the H-1B Cap Selection Process

    On Oct. 28, 2020, DHS announced plans to change the H-1B selection process from a lottery system to a wage-based selection process.

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  • The Visa Bulletin: What It Is and How to Navigate It

    The Visa Bulletin: What It Is and How to Navigate It

    To help foreign nationals and their employers better understand how to navigate the visa bulletin, we put together a list of FAQs and a quick example showing how to find a priority date.

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