Beltway Buzz, December 4, 2020
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
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District Court Invalidates New DOL and DHS H-1B Regulations
On December 1, 2020, the U.S. District Court for the Northern District of California granted a motion for summary judgment in favor of the plaintiffs that had requested to set aside two new regulations from the U.S. Department of Labor (DOL) and the U.S. Department of Homeland Security (DHS). The two rules, both published as interim final rules, changed the way Occupational Employment Statistics (OES) prevailing wages are calculated and changed the definition of a “specialty occupation”. As interim final rules, the DOL and the DHS bypassed the traditional, lengthier notice and comment rulemaking process under the Administrative Procedures Act (APA), with both agencies invoking the good cause exception and citing to the emergent circumstances created by the COVID-19 pandemic.
USCIS to Expand Premium Processing Program, Increase Fee Rates
On October 1, 2020, President Donald Trump signed into law a stopgap spending measure to fund the U.S. government through December 11, 2020. The spending measure includes a provision titled “Emergency Stopgap USCIS Stabilization Act,” which authorizes U.S. Citizenship and Immigration Services (USCIS) to expand the premium processing program and to increase program fees.
State Department Issues Guidance on National Interest Exceptions to Proclamations Suspending Entry of Certain Foreign Nationals
On August 12, 2020, the U.S. Department of State issued guidance on scenarios that may qualify for a “national interest exception” under Presidential Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”) and Presidential Proclamation 10014 of April 22, 2020 (“Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”). Citing economic disruptions caused by the COVID-19 pandemic, President Donald Trump issued the proclamations and temporarily suspended the entry of certain foreign nationals into the United States. Although both proclamations referenced exceptions for individuals “whose entry would be in the national interest,” formal guidance had not been released prior to this announcement.
New Executive Order Calls for Review of Federal Contracts and Directs Agencies to Take Action to Protect U.S. Workers
On August 3, 2020, the Trump Administration issued an executive order (EO) directing the secretaries of the Departments of Labor and Homeland Security to “take action … to protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B [workers].”
ICE Issues Updated Guidance and Restricts Online Options for New Students for Fall 2020 Semester
On July 24, 2020, U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) issued updated guidance for international students pursing education programs in the United States. The follow-up guidance states that active students in F-1 and M-1 status, as well as schools certified by SEVP, should abide by SEVP guidance originally issued in March 2020, enabling schools and students to engage in distance learning in excess of regulatory limits during the COVID-19 public health emergency.
Beltway Buzz, July 17, 2020
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
United States Withdraws Preferential Immigration-Related Treatment for Hong Kong
On July 14, 2020, by means of executive order, the Trump administration announced that it will no longer recognize Hong Kong as a distinct autonomous region as compared to the People’s Republic of China (PRC).
U.S. Consulates and Embassies to Begin Phased Resumption of Visa Services
On July 14, 2020, the U.S. Department of State announced that U.S. consulates and embassies around the world have begun a phased resumption of routine visa services. The Department of State did not provide a specific timeline for the resumption of routine visa services, stating instead that the schedule will depend on local conditions at each consular post.
ICE Rescinds Student Visa Policy Requiring In-Person Attendance
U.S. Immigration and Customs Enforcement (ICE) has agreed to rescind a proposed rule that would have required international students on F-1 and M-1 visas to either attend in-person classes at U.S. colleges and universities or face having to leave the United States.
Beltway Buzz, July 10, 2020
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
ICE Announces Plans to Update Online Study Policies for Nonimmigrant Students for Fall 2020 Semester
On July 6, 2020, the U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) announced plans to update its online study policies for F-1 and M-1 nonimmigrant students for the fall 2020 semester. According to the proposed policies, SEVP intends to prohibit F-1 and M-1 students from taking a fully online course load while in the United States during the fall 2020 semester.
USCIS Field Offices Expected to Reopen Beginning June 4, 2020
On April 24, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that it intends to reopen field offices, asylum offices, and application support centers (ASCs) beginning on or after June 4, 2020.
USCIS to Consider Second Period of Satisfactory Departure
U.S. Citizenship and Immigration Services (USCIS) recently announced that it will consider granting a second 30-day period of Satisfactory Departure to Visa Waiver Program (VWP) travelers who were already granted Satisfactory Departure but who are unable to return to their home countries due to COVID-19.
USCIS Announces FY 2021 H-1B Processing Delays
On April 13, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that due to the COVID-19 pandemic, data entry and the generation of receipt notices would be delayed until at least May 1, 2020, for fiscal year (FY) 2021 H-1B cap-subject petitions.
DHS Puts Supplemental H-2B Visas on Hold
On April 2, 2020, the Department of Homeland Security (DHS) announced that it is holding off on plans to issue additional H-2B visas. DHS had previously agreed to make an additional 35,000 visas available to seasonal employers after the visa quota (or cap) had been met for the second half of fiscal year (FY) 2020.
CARES Act: Foreign National and Immigrant Eligibility for Paid Leave, Unemployment Benefits, and Stimulus Rebates
On March 27, 2020, President Donald Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, intended to stimulate the national economy in the wake of the COVID-19 pandemic. The Act provides $2 trillion in direct financial assistance, including paid leave, unemployment insurance (UI) benefits, and rebates to eligible individuals. Immigrants and foreign nationals in the United States may be eligible for some or all of the listed benefits, depending on the circumstances.
USCIS Field Offices Closed to Public Through May 3, 2020
U.S. Citizenship and Immigration Services (USCIS) has announced that its field offices will remain closed to the public through May 3, 2020. All routine in-person services are suspended including biometrics appointments, naturalization ceremonies, and InfoPass appointments.
Due to COVID-19, USCIS Extends Notice Deadlines, Will Accept Previously Submitted Biometrics for Employment Authorization Extensions
On March 30, 2020, U.S. Citizenship and Immigration Services (USCIS) announced the following policy updates in response to the COVID-19 pandemic.
ICE Provides Updated Student Guidance in Response to COVID-19
On March 23, 2020, U.S. Immigration and Customs Enforcement (ICE) published answers to frequently asked questions by Student and Exchange Visitor Program (SEVP) stakeholders about the impact of COVID-19 on SEVP-certified schools and students on F and M visas.
USCIS Completes FY 2021 H-1B Selection Process
On March 27, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the initial H-1B selection process for fiscal year (FY) 2021. This was the first time USCIS used an electronic registration system to conduct the selection lottery. USCIS plans to notify petitioners with selected registrations by March 31, 2020.
USCIS Extends Field Office Closure to April 7, 2020
U.S. Citizenship and Immigration Services (USCIS) field offices will remain closed to the public until at least April 7, 2020. The closure applies to routine in-person services at USCIS field offices, asylum offices, and Application Support Centers (ASCs), although emergency services may be available in limited circumstances.
COVID-19 Update: Travel Restrictions Announced Between the United States and Canada and Mexico
DHS Relaxes I-9 Verification Requirements During COVID-19 National Emergency
The Department of Homeland Security (DHS) announced on March 20, 2020, that it will relax the in-person verification requirements of the Form I-9, Employment Eligibility Verification for employers operating remotely due to COVID-19. Beginning March 20, 2020, employers will not be required to review an employee’s identity and/or employment authorization documents while in the employee’s physical presence.
India Suspends All Inbound International Air Travel Through March 29, 2020
To prevent the spread of COVID-19, the Government of India has issued an order prohibiting all inbound international flights to India beginning March 22, 2020. The current ban is set to expire on March 29, 2020, but is subject to change.
USCIS Suspends Premium Processing
On March 20, 2020, U.S. Citizenship and Immigration Services (USCIS) announced the immediate and temporary suspension of premium processing services for all Forms I-129, Petition for a Nonimmigrant Worker and Forms I-140, Immigrant Petition for Alien Workers due to COVID-19 pandemic. The suspension includes new premium processing requests for H-1B petitions, including cap-subject petitions for fiscal year (FY) 2021, and supersedes the FY 2021 premium processing schedule announced on March 16, 2020.
USCIS to Accept Electronically Reproduced Signatures in Light of COVID-19
As of March 21, 2020, U.S. Citizenship and Immigration Services (USCIS) will accept electronically reproduced original signatures in lieu of “wet” signatures on all benefit forms and documents. USCIS implemented the temporary change as a result of the COVID-19 national emergency, and the change only applies to signatures.
U.S. Department of State Announces Suspension of Visa Services in Most Countries Worldwide
The U.S. Department of State announced on March 18, 2020, that it has suspended all routine visa services, including immigrant and nonimmigrant visa appointments, in most countries worldwide.
USCIS Closes Field Offices to the Public Through at Least April 1, 2020
Effective March 18, 2020, all U.S. Citizenship and Immigration Services (USCIS) field offices are temporarily closed to the public. USCIS has suspended all routine in-person services at its field offices, asylum offices, and Application Support Centers (ASCs) to help slow the spread of the coronavirus.
FY 2021 H-1B Cap Season Update: Premium Processing to Be Implemented in Two Phases
For the second straight year, U.S. Citizenship and Immigration Services (USCIS) will implement a staggered approach to premium processing for the H-1B cap season. For fiscal year (FY) 2021, USCIS will make premium processing available in two phases.