Immigration News and Policy Updates

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.

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.

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.

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.

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.

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.

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

On October 8, 2020, The Department of Homeland Security (DHS) is expected to publish a final rule that will heighten requirements for employers seeking to hire foreign nationals on H-1B status.

On Thursday, October 8, 2020, the DOL is expected to publish an interim final rule and new prevailing wage figures that will increase the prevailing wage requirements for certain visa categories.

A new appropriation bill signed into law allows U.S. Citizenship & Immigration Services to raise the fee for premium processing and expand it to more visa categories.

The Department of State released new guidance on what they will consider to be a “National Interest Exemption” to the visa issuance and travel ban that went into effect on June 22, 2020.

Following a Sept. 11 ruling from the Second Circuit Court of Appeals, USCIS has resumed implementation of the Public Charge Rule nationwide.

The Department of Homeland Security has sent a new regulation that would amend eligibility requirements for the H-1B specialty occupation visa for final review by the White House.

The U.S. Supreme Court ruled on Thursday, June 18, that the Trump administration cannot immediately terminate the Deferred Action For Early Childhood Arrivals (DACA) program.

The new order suspends immigrant visas for citizens of Nigeria, Myanmar, Eritrea and Kyrgyzstan. Meanwhile, citizens from Sudan and Tanzania are now barred from the U.S. diversity visa program.

SCOTUS ruled that the Trump administration can move forward with implementing its new and expanded “public charge” rule, which applies to immigrant and certain employment-based nonimmigrant visas.

Initially granted in March, DHS has provided guidelines for I-9 verification that relax in-person requirements and allow for remote verification. The latest extension was announced on Sept. 15, 2020.

On August 19, 2020, USCIS announced that employers may use certain I-797 Approval Notices in lieu of original EAD cards as an acceptable form of employment authorization for I-9 verification purposes.

U.S. Citizenship & Immigration Services (USCIS) announced on August 25 that it will abandon plans to furlough roughly two-thirds of its workforce due to a budget shortfall.

Employers, sponsors and beneficiaries across the U.S. have experienced significant delays in receiving Receipt and Approval Notices from USCIS over the last several months.