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USCIS Announces Implementation of H-1B Electronic Registration Process for Upcoming Cap Season

Earlier today, USCIS announced it is implementing the registration process in the next H-1B lottery. H-1B employers have been awaiting confirmation of and details regarding the new registration process for H-1B cap-subject petitions.

Changes to Modernize H-2B Visa Process Cut Print Newspaper Requirement

Just as the H-2B visas for the first half of the fiscal year 2020 ran out (with some limited exceptions), the Department of Homeland Security (DHS), in cooperation with the Department of Labor (DOL), has released a new final rule on H-2B visas that changes and modernizes the recruitment process.

Judge Issues Preliminary Injunction Blocking Health Insurance Mandate

On November 26, 2019, a federal court in Oregon issued a nationwide preliminary injunction blocking the Trump administration from implementing a presidential proclamation that would have required immigrant visa applicants to provide proof of health insurance. U.S. District Court Judge Michael Simon had previously issued a temporary restraining order that was set to expire November 30, 2019. The Trump administration is expected to appeal the injunction.

H, L Visas on DHS Regulatory Agenda

According to the DHS Fall Regulatory Agenda, the Administration is planning further restrictions to immigration regulations that, if enacted, will affect employers.

EB-5 Programs Update, New Legislation Introduced

On November 21, 2019, the new EB-5 Investor Visa Program rules went into effect. That was also the day that the government could have shut down if a spending bill or another continuing resolution had not been approved. It could also have been the day that the EB-5 Regional Center Program would end. But, Congress acted and passed a continuing resolution that would keep the government running and reauthorize the EB-5 Regional Center Program until December 20, 2019.

DHS Extends Temporary Protected Status Designation for Six Countries

The Department of Homeland Security (DHS) has announced that it will automatically extend the validity of temporary protected status (TPS) documents and work authorization for qualified beneficiaries from El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal.

Supreme Court Hears Oral Argument on Ending DACA

On November 12, 2019, the Supreme Court of the United States heard oral argument on the legality of the Department of Homeland Security’s (DHS) decision to terminate Deferred Action for Childhood Arrivals (DACA), an Obama-era program that provides work authorization and protection from deportation to young undocumented immigrants who were brought to the United States as children. The roughly 80-minute session focused on two primary questions: whether the Court had the authority to review DHS’s decision to end DACA and, if so, whether the decision was legal.

Supreme Court Hears Argument on Deferred Action for Childhood Arrivals Policy

The U.S. Supreme Court has heard oral argument on whether the Department of Homeland Security (DHS) lawfully terminated the Deferred Action for Childhood Arrivals (DACA) Policy. The Court’s decision in a consolidated case (Homeland Security v. Regents of the University of California, Nos. 18-587, 588, and 589) will affect more than 700,000 individuals who came to the U.S. as children without proper documentation.

Federal Court Temporarily Blocks Health Insurance Requirement for Immigrant Visa Applicants

On November 2, 2019, the U.S. District Court for the District of Oregon issued a temporary restraining order, blocking the Trump administration from enforcing a recent presidential proclamation requiring health insurance for immigrant visa applicants. The proclamation, which had been scheduled to take effect on November 3, 2019, would have required certain immigrant visa applicants to prove that within 30 days of their entering the United States they would have approved health insurance or that they otherwise possessed the “financial resources” to cover “reasonably foreseeable medical costs.”

November 2019 Visa Bulletin Update

U.S. Citizenship and Immigration Services (USCIS) has announced that it will once again use the Dates for Filing chart from the November 2019 Visa Bulletin to determine which applicants may file their adjustment of status applications. These dates are more advantageous for green card applicants for whom a green card number is not yet available, as they allow those applicants to apply for benefits such as employment authorization, travel permission, and access to potential green card portability provisions.
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