Immigration law is at the forefront of public dialogue these days. Womble Bond Dickinson’s
Immigration Solutions team helps employers navigate high-stakes, constantly shifting immigration challenges to avoid potential problems and secure the talent they need to make their companies thrive. The following newsletter, drafted by Womble Bond Dickinson Immigration Solutions attorneys, covers some of the recent and most important developments in immigration law.
02/01/2021 The Department of Labor (DOL) published a proposed delay of effective date of the final rule on computation of prevailing wage levels until May 14, 2021.
01/28/2021 U.S. Citizenship and Immigration Services (USCIS) is extending flexibility for responding to agency requests if the issuance date listed on the request, notice, or decision is between March 1, 2020 and March 31, 2021, inclusive. USCIS will consider a response received within 60 calendar days after the response due date set in the request or notice before taking any action.
01/27/2021 The Department of Labor (DOL) posted a proposed rule to delay the effective date of the final rule on computation of prevailing wage levels until May 14, 2021.
01/27/2021 Immigration and Customs Enforcement (ICE) announced that it is extending flexibility in rules related to Form I-9 compliance during the COVID-19 pandemic until March 31, 2021.
01/26/2021 Congressional Research Service (CRS) issued a report announcing total nonimmigrant visa issuances per category for FY2020 and total immigrant (lawful permanent resident or “LPR”) visa issuances per category for FY2019.
01/26/2021 Student and Exchange Visitor Program (SEVP) announced that it was rescinding Broadcast Message 2101-02: New SEVP Unit to Oversee Employment Compliance in the OPT Programs and Report on Impact on U.S. Workers. SEVP determined that it was already carrying out the responsibilities described and therefore a new department was not necessary.
01/25/2021 President Biden extended the Trump-era suspension of entry to certain immigrants and nonimmigrants due to the ongoing COVID-19 threat.
01/25/2021 Trump-era proposed regulation, "Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization" was withdrawn from review at the office within the Office of Management and Budget (OMB) tasked with the review of Executive Branch regulations.
01/22/2021 DOL’s Office of Foreign Labor Certification (OFLC) announced its plan for reissuing certain prevailing wage determinations (PWD) issued under the DOL’s October 8, 2020 Interim Final Rule (IFR). Within 15 working days, OFLC will reissue all PWDs that have not yet been used in the filing of a LCA or PERM application as of January 20, 2021. By March 2, 2021, OFLC will reissue PWD for cases that qualify as an emergency based on specific criteria.
01/22/2021 Department of State (DOS) released the February 2021 Visa Bulletin. As of February 1, 2021, both the filing and final action dates are current for all chargeability areas other than China, India, Mexico, and Philippines for employment-based immigrant petitions.
01/21/2021 President Biden issued an “Executive Order on Promoting COVID-19 Safety in Domestic and International Travel.” The executive order places new mask requirements for domestic travel and negative COVID-19 tests for international travelers arriving to the United States, among other measures.
01/21/2021 Customs and Border Protection (CBP) extended restrictions on non-essential travel from Canada and Mexico through February 21, 2021.
01/20/2021 The Biden Administration issued a memorandum on January 20, 2021 delaying implementation of “midnight regulations” (i.e. those issued since the election but not yet effective) for 60 days. It is also expected that groups that previously challenged this regulation will continue to litigate the revised final rule.
Under the regulatory freeze, the modified version of the Strengthening the H-1B Nonimmigrant Visa Classification Program Final Rule will be withdrawn. Any final rule, including the H-1B Wage Selection Final Rule, that has already published but has not yet taken effect may be postponed until March 21, 2021.
01/20/2021 President Biden introduced the U.S. Citizenship Act of 2021, sweeping new legislation that would significantly change the landscape of U.S. immigration law and policy. The administration has indicated that it is willing to break the legislation into several pieces if necessary. A breakdown can be found here.
01/20/2021 President Biden issued an action to preserve and fortify Deferred Action for Childhood Arrivals (DACA).
01/20/2021 President Biden signed Proclamation 10141: Proclamation on Ending Discriminatory Bans on Entry to the United States. This action ends Trump-era bans on individuals applying for certain visas from majority Muslim, Arab and African countries.
01/15/2021 DOL published the “H-1B Program Bulletin Clarifying Filing Requirements for Labor Condition Applications by Secondary Employers at 20 C.F.R. §§ 655.715 and 655.730(a).”
01/15/2021 DHS published an advance copy of the final USCIS rule "Strengthening the H-1B Nonimmigrant Visa Classification Program." The final rule, if published, will not take effect for at least 180 days.
01/14/2021 DOL published the Civil Penalties Inflation Adjustment Act Annual Adjustments for 2021 Final Rule in the Federal Register. A table reflecting the 2021 civil monetary penalty amounts can be found here.
01/14/2021 The DOL issued a final rule, effective on March 15, 2021, that amends the regulations governing PERM certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels.
01/12/2021 The DOL announced a final rule to reform the wage methodology used to set prevailing wage rates for PERM, H-1B, H-1B1 and E-3 Visa foreign worker programs.
01/08/2021 DHS issued a final rule, effective March 9, 2021, that modifies the H-1B registration process, favoring registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level.
01/08/2021 USCIS has advised that, due to COVID-19 and other factors, it is experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility. Delays vary and average four (4) to six (6) weeks and longer for certain non-family based I-485 and F-1 I-765
applications.
01/04/2021 ICE issued a reminder via Broadcast Message on “Enforcement of the Post-Completion OPT and Employer Information Requirement in SEVIS.”
01/04/2021 DHS issued guidance on completion of Form I-9 for individuals with extended work authorization under DACA.
01/01/2021 As of this date, employers in Florida must comply with the new
FL E-Verify law, which went into effect on July 1, 2020.
