Immigration News and Policy Updates

President Joe Biden sent an extensive immigration reform bill to Congress today shortly after his inauguration. Additionally, he signed a series of executive orders related to immigration.

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

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.

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

The CDC issued an Order on Jan. 12, 2021 requiring all inbound travelers to the U.S. to provide proof of a negative COVID-19 test or documentation of having recovered from COVID-19 beginning Jan. 26.

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.

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.

On January 8, 2021, DHS published a final rule in the Federal Register that modifies the H-1B CAP lottery selection process. The final rule is effective March 9, 2021.

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

On Dec. 25, 2020, the CDC issued an Order requiring proof of a negative COVID-19 test result for all air passengers arriving from the UK to the U.S., including U.S. Citizens and LPRs.

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.

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.

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.

The Department of Labor has updated permanent labor certification (PERM) and prevailing wage determination (PWD) processing times as of November 30, 2020.

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.

A closer look at President-elect Biden’s plans for immigration reform in the U.S.

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

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.

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.