On Oct. 28, 2020, the Department of Homeland Security (DHS) announced the transmission to the Federal Register of a notice of proposed rulemaking (NPRM) that would prioritize the selection of H-1B registrations (or petitions, if the registration process is suspended) based on corresponding wage levels in order to better protect the economic interests of U.S. workers, while still allowing U.S. employers to meet their personnel needs and remain globally competitive.

Read our news release for more information.

On Oct. 6, U.S. Citizenship and Immigration Services is updating policy guidance in the USCIS Policy Manual regarding whether temporary protected status beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA).  

For more information, see the web alert.

On Oct. 2, we issued policy guidance in the USCIS Policy Manual to address inadmissibility based on membership in or affiliation with the Communist Party or any other totalitarian party. In general, unless otherwise exempt, any intending immigrant who is a member or affiliate of the Communist Party or any other totalitarian party (or subdivision or affiliate), domestic or foreign, is inadmissible to the United States.

Read our web alert for more information.

On Sept. 29, 2020, the U.S. District Court for the Northern District of California, in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule.

While the rule is preliminarily enjoined, we will continue to: 

• Accept USCIS forms with the current editions and current fees; and 
• Use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator's Field Manual (AFM) Chapters 10.9 and 10.10. 

Please see the announcement and memorandum.

On April 18, 2017, President Trump signed the Buy American and Hire American Executive Order, which seeks to create higher wages and employment rates for U.S. workers and to protect their economic interests by rigorously enforcing and administering our immigration laws. It also directs DHS, in coordination with other agencies, to advance policies to help ensure H-1B visas are awarded to the most-skilled or highest-paid beneficiaries.

USCIS is working on a combination of rulemaking, policy memoranda, and operational changes to implement the Buy American and Hire American Executive Order. We are creating and carrying out these initiatives to protect the economic interests of U.S. workers and prevent fraud and abuse within the immigration system.

Read our news release for more information.