Selection based on highest wages may be replaced to H-1B lottery

The Department of Homeland Security (DHS) declared on 28/10/2020 a proposed rule to amend the H-1B regulations administering the process by which the annual H-1B lottery is directed.

If established as proposed, USCIS would initially choose enlistments (or petitions, if the enrollment cycle is suspended). in view of the highest Occupational Employment Statistics (OES) prevailing wage level that the offered wage approaches or surpasses. This would replace the random H-1B selection way. In this way, offering a Level 4 OES wages would improve the odds of selection.

The reason given for this proposed rule is to help counter the descending tension on the wages of U.S. laborers that is made by a yearly convergence of moderately lower-pay, new cap-subject H-1B specialists (i.e. Level 1 OES compensation).

As per the DHS, the progressions proposed in this rule would give some perspective petitioners the ability to possibly improve their opportunity of selection by agreeing to pay H-1B beneficiaries higher wages that equal or surpass higher prevailing wages levels.

DHS will open a public remark period once the proposed rule is published in the Federal Register. Interested parties will have 30 days to submit remarks pertinent to the proposed rule and 60 days to submit remarks pertinent to the proposed information collection. DHS will survey all appropriately submitted remarks, consider them cautiously, and draft responses prior to issuing a final rule.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

U.S. to relax Covid travel restrictions for vaccinated foreign nationals from November 2021

Today, the White House announced that the US will lift Covid travel bans on all air passengers from 33 countries including India, China, Brazil, and most of Europe who are fully vaccinated against COVID-19. Foreign Nationals will have to test negative for COVID-19 within 3 days of travel and provide proof of the negative result, as is currently required. Americans not fully vaccinated will still be able to enter, but only on testing negative within a day of travel.

The Biden administration will also be making additional recommendations to stop the spread of COVID-19, including
1) Continuing the mask mandate through January 18, 2022
2) Expanding pre-departure and post-arrival testing requirements
3) Implanting a contact tracing order for airlines
The US had lagged other European countries in lifting such restrictions, and allies welcomed the move.

Please contact us directly if you have any questions relating to the Travel restrictions, Green Card or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS Announces FY 2023 H-1B Cap Initial Registration to Start from Mar 01, 2022

The United States Citizenship and Immigration Services (USCIS) has announced that the initial registration period for H1B for the fiscal year 2023 will begin at noon ET on March 01, 2022, and run through noon ET on March 18, 2022. During this period, potential petitioners and their representatives can use the online H1B registration system to complete and submit registrations.

As in past years, USCIS has used an electronic filing system to accept H1B petitions. USCIS provides a confirmation number for each registration received for the fiscal year 2023 H1B restricted season to track the registrations. Upon receipt of sufficient applications, USCIS will begin the random selection of H1B enrollments on March 18, 2022. The Agency will notify the selected applicants by email by March 31, 2022.

Please contact us directly if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Emami Litigation - Notice to Class Members

THIS NOTICE WILL BE UPDATED AS MORE INFORMATION COMES AVAILABLE. PLEASE CHECK BACK FOR FINAL INSTRUCTIONS NO LATER THAN AUGUST 2, 2024.

NOTICE OF CLASS-WIDE RELIEF

The U.S. District Court for the Northern District of California has certified a class in the consolidated cases Farangis Emami, et al. v. Alejandro Mayorkas, et al., No. 18-cv-01587- JD, and Pars Equality Center, et al. v. Antony Blinken, et al., No. 18- cv-07818-JD, to allow certain visa applicants who were refused visas under Presidential Proclamation 9645 ("P.P. 9645") to receive a one-time, non transferable fee credit to submit a new visa application and (for eligible class members) to have the option to get a prioritized visa appointment.

Class-wide relief will be available starting on August 12, 2024.

Who Benefits Under the Court’s Order

If you are a national of Iran, Libya, North Korea, Somalia, Syria, Venezuela, or Yemen and were denied a visa under P.P. 9645 between December 8, 2017, and January 20, 2021, and did not receive a waiver under P.P. 9645, you may be eligible for relief under the Court’s Order.

You may be eligible for relief under this Order so long as:

• You have not submitted a new DS-160 Online Nonimmigrant Application form or a new DS-260 Immigrant Visa Electronic Application form since your prior application that was refused under P.P. 9645; or
• You have submitted a new DS-160 Online Nonimmigrant Application form or a new DS-260 Immigrant Visa Electronic Application form but have not yet appeared for a visa interview (consular appointment).

You are not eligible for relief under this Order if:

• Your application denied under P.P. 9645 was an application for diversity visa;
• You received a waiver while P.P. 9645 was in effect;
• You have received a visa since January 20, 2021; or
• You have made a new application, attended a visa interview (consular appointment) and have received a decision, including a refusal under INA 22l(g), since January 20, 2021.

Individuals who benefit under this order are referred to as “class members.” Only class members are eligible to benefit from this order.

How to Benefit from the Court’s Order

The U.S. Department of State has reviewed its records to identify all class members who may receive relief under the Court’s Order. The Department is actively working out the processes necessary to implement this Order and will update this notice by August 2, 2024, with more detailed instructions on how class members may benefit from this Order. Please do NOT reach out to the Department to inquire about whether you benefit from this Order until we provide updates in this space

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Final H-1B Modernization Rule to Go Into Effect in the United States on January 17

The final details of the Department of Homeland Security's (DHS) long-awaited H-1B modernization rule, which was first suggested in October 2023, have been approved. The rest of the regulation will be published in the Federal Register tomorrow and will go into effect on January 17, 2025, whereas the H-1B cap provisions went into force in March of this year. With a few changes that are mostly in favor of employers, the final rule is almost exactly the same as the agency's proposed rule.

Some of the final regulation's most important clauses are as follows:

• An H-1B specialized occupation is defined differently under the rule. While some of the changes broaden the definition, others may make it more restrictive. The regulation specifically makes it clear that just because a profession "typically" calls for a bachelor's degree, it does not necessarily follow that it "always" does. It further explains that if an employer accepts a variety of degree disciplines that qualify, a position may still be considered a specialized profession as long as those fields are "directly related" to the responsibilities of the H-1B employment. DHS included an acceptable definition of "directly related" to the final rule, meaning that the phrase refers to a "logical connection" between the tasks of the H-1B post and the necessary degree.
• The proposed rule included a clause that would have restricted H-1B eligibility for individuals with more generic degree titles, such business administration or liberal arts, but the final rule crucially leaves it out.
• In order to provide businesses with more predictability when submitting a Form I-129, the rule codifies and modestly extends USCIS's existing policy of deference to its earlier adjudications. According to the rule, USCIS should follow its previous I-129 approval when deciding a Form I-129 involving the same parties and the same underlying facts, unless there has been a significant change in the eligibility requirements or circumstances, a significant mistake in the previous approval, or new material adverse information. The regulatory provision is applicable to all Form I-129 adjudications by USCIS, not only requests for extensions of stay, in contrast to the current approach.
• In the event that an H-1B worker's place of employment materially changes, the regulation codifies the long-standing obligation of the U.S. Citizenship and Immigration Services (USCIS) that an employer modify a nonimmigrant petition. The amendment must be filed prior to the change occurring. The rule also specifies when a change in location would not necessitate an amendment, such as where the change takes place within the area of expected employment specified in the DOL labor condition application (LCA) that supports the current petition.
• In contrast to the standard H-1B maximum petition validity period of three years, the regulation makes it clear that H-1B beneficiaries who hold a controlling interest in the petitioning entity may be eligible for H-1B status, provided that the beneficiary will perform H-1B-caliber specialty occupation duties for the majority of the time. The initial and first extension of such petitions will be limited to 18 months.
• In addition to codifying the agency's long-standing practice of requesting contracts and other proof of a bona fide job offer, the rule removes the itinerary requirement for H-1B petitions and refocuses the focus from the current regulation's requirement to demonstrate an employer-employee relationship to proving the existence of a bona fide job offer. The final regulation incorporates a new clause that clarifies that a petitioner is not obligated to set up precise daily assignments for the whole duration of the period requested in the H-1B petition, in response to public comments. Additionally, the rule stipulates that the H-1B petitioner must be able to be served with process in the United States and have a legal presence there.
• For F-1 students who are the beneficiaries of timely filed, nonfrivolous applications to convert status to H-1B, the final rule extends the cap-gap protection period from October 1 to possibly as late as April 1 of the next calendar year. To enable eligible F-1 status holders avoid status and work authorization lapses while awaiting a change to H-1B status, the regulation extends status and employment authorization for up to six months.
• According to the new rule, if the requested non-immigrant employment validity term has already elapsed by the time the petition is adjudicated, USCIS may provide H-1B employers with the option to change it. The company will have to give a new LCA and pay the higher of the current prevailing or actual salary if the current one does not cover the new validity period. They will also not be allowed to lower the offered rate below the wage specified in the first petition.
• In addition to strengthening and codifying the long-standing site visit program of the Fraud Detection and National Security (FDNS) section at USCIS, the final rule makes it clear that noncompliance with a site visit may lead to the denial or revocation of a petition. Among other places connected to the H-1B employment, the rule also formalizes DHS's right to visit the site where the H-1B employee works, has worked, or plans to work, including third-party workplaces.
• The scope of several H-1B cap exemptions would be slightly expanded by the final regulation. The updated regulations allow for cap exemption even if research or education is not the organization's primary activity or mission, provided that it is one of its fundamental activities. This is done to acknowledge that qualifying cap-exempt nonprofit and governmental research organizations, as well as nonprofits affiliated with higher education institutions, may have more than one fundamental activity or mission.

When the new H-1B regulation goes into effect on January 17, employers should be ready for some possible disruptions to the processing and adjudication of H-1B cases. A new Form I-129 will be needed in accordance with the rule, and it will be required on January 17. It can take some time for USCIS adjudicators to learn the new rules and regulations. To comprehend and get ready for the transition, employers should consult with their immigration attorney. It is unclear at this time if the next administration would attempt to amend or repeal the rule, which goes into effect just days before President-Elect Donald Trump takes office on January 20. Any such action would need to be announced and give the public a chance to comment, which usually takes many months.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Holiday-related Delays in Immigration Processing

In the upcoming weeks and into the new year, there will probably be delays in the processing of work permits, residence permits, and visas because many government offices throughout the world will close or have fewer employees and fewer hours of operation during the holidays.

For information on how holiday closures will affect their particular situation, employers and foreign nationals who have travel or relocation plans between now and early 2025 can speak with their immigration service provider.

Albania
Government offices will be closed on December 25, 2024 and January 1-2, 2025.

Algeria
Government offices will be closed on January 1, 2025.

Angola
All public entities will be closed on December 25, 2024 and January 1, 2025.

Argentina
Government offices will be closed on December 25, 2024 and January 1, 2025.

Armenia
Government offices will be closed December 31, 2024, January 1-2, 2025, and January 6, 2025.

Australia
The immigration authority will be closed December 25-26, 2024 and January 1, 2025.

Argentina
Government offices will be closed December 24-26, 2024, December 31, 2024, January 1, 2025, and January 6, 2025. In general, reduced staff during the year-end period may delay processing times.

Azerbaijan
Government offices will be closed December 30, 2024 to January 2, 2025.

Bahamas
Government offices will be closed December 25-26, 2024 and January 1, 2025.

Bahrain
Government offices will be closed January 1, 2025.

Bangladesh
Government offices will be closed December 16 and 25, 2024.

Barbados
Government offices will be closed December 25-26, 2024 and January 1, 2025.

Belarus
Government offices will be closed December 25, 2024, January 1-2, 2025, and 6-7, 2025, and will operate with reduced working hours on December 24 and 31, 2024.

Belgium
Government offices will be closed as follows:

• Brussels: closed December 25, 2024 until January 2, 2025.
• Flanders: closed December 25, 2024 until January 1, 2025.
• Wallonia: closed December 25-26, 2024 and January 1, 2025.

Bermuda
Government offices will be closed December 25-26, 2024 and January 1, 2025.

Bolivia
Government offices will be closed December 25, 2024 and January 1, 2025.

Bosnia and Herzegovina
Government offices will be closed December 25, 2024, January 1-2, 2025 and January 6-7, 2025.

Botswana
Public entities will not be closed. However, processing times and other immigration services are expected to be delayed between December 25-26, 2024, and January 1-2, 2025 as most entities will have skeletal staff in offices during this period.

Brazil
Government offices are expected to close December 24, 25, and 31, 2024 and January 1, 2025.

Brunei
Government offices will be closed December 25, 2024 and January 1, 2025.

Bulgaria
Government offices will be closed December 24-26, 2024.

Cameroon
Government offices will not be closed. However, on December 25-26, 2024, and January 1-2, 2025, services are expected to be delayed as most entities will have skeletal staff in offices during this period.

Canada
Government offices will be closed December 25-26, 2024, and January 1, 2025. The government may also announce closures of various offices on December 24 and 31, 2024 on short notice. Foreign nationals entering Canada on those days should still be able to apply for work permits at ports of entry, although there may be reduced staff.

Cayman Islands
Government offices will be closed December 25-26, 2024, and January 1, 2025. They will also close early on December 24, 2024.

Chile
Government offices will be closed on December 25, 2024, and January 1, 2025. Most will also close early (at noon local time) on December 24 and 31, 2024.

China
Government offices will be closed January 1, 2025.

Colombia
Government offices will be closed December 25, 2024, and January 1, 2025 and will close early (at noon local time) on December 24 and 31, 2024.

Costa Rica
Government offices will be closed December 20, 2024-January 3, 2025.

Cote D’Ivoire (Ivory Coast)
All public entities will be closed December 25, 2024, and January 1, 2025.

Croatia
Government offices will be closed December 25-26, 2024, January 1, 2025 and January 6, 2025.

Cyprus
Government offices will be closed December 25-26, 2024 and January 1, 2025.

Czech Republic
Government offices will be closed December 23, 2024 – January 1, 2025.

Democratic Republic of Congo
Immigration offices will be closed December 25-26, 2024, and January 1, 2025.

Denmark
Danish immigration authorities will be closed December 18, 2024 to January 2, 2025. As part of this, no biometrics or Central Person Register appointments will be available during this period. Processing delays are expected as authorities are closing earlier this year than in previous years.

Dominican Republic
Government offices will be closed December 25, 2024 and January 1, 2025.

Ecuador
Government offices will be closed December 25, 2024 and January 1-3, 2025.

Egypt
Government offices will be closed January 7, 2025.

El Salvador
Government offices are expected to close December 24, 2024 through January 2, 2025.

Estonia
Government offices will be closed December 24-26, 2024 and January 1, 2025 and will be working a half day on December 23 and 31, 2024. Based on experience, receipt and processing of visa applications in some consular posts may cease earlier than December 24, 2024 and not restart until mid-January. Concerned individuals should contact their relevant consular post if necessary.

Ethiopia
All public entities will be closed between December 24-25, 2024, and December 31, 2024.

Falkland Islands
Government offices will be closed December 25-27, 2024, and January 1-2, 2025.

Fiji
Government offices will be closed December 25-26, 2024, and January 1, 2025.

Finland
Government offices will be closed December 25-26, 2024, and January 1, 2025. Service hours on December 24, 2024 may also be limited. In general, reduced staff during the year-end period will delay processing.

France
Government offices will be closed December 25, 2024, and January 1, 2025. Applicants should anticipate processing delays due to limited staff during the holiday period, both at consular posts, Office Français de l’Immigration et Intégration (OFII) offices and local prefectures.

Georgia
Government offices will be closed January 1-3, 2025, and January 7, 2025.

Germany
Government offices will be closed December 25-26, 2024, and January 1, 2025. Smaller administrative offices and consular posts may be closed on December 24, 27, and 31, 2024. Further, government offices in Baden-Württemberg, Bavaria, and Saxony-Anhalt will also be closed January 6, 2025.

Ghana
Immigration offices will be closed December 25-26, 2024, and January 1, 2025.

Greece
Government offices will be closed December 25-26, 2024, January 1, 2025, and January 6, 2025.

Guyana
Government offices will be closed December 25-26, 2024 and January 1, 2025.

Hong Kong SAR
Government offices will be closed December 25-26, 2024 and January 1, 2025.

Hungary
Government offices will be closed December 24-31, 2024 and January 1, 2025. Government offices are also expected to be closed on December 23, 2024.

Iceland
Government offices will be closed December 24-26, 2024, December 31, 2024, and January 1, 2025.

India
Government offices will be closed December 25, 2024.

Indonesia
Government offices will be closed December 25-26, 2024, and January 2, 2025. As in previous years, only skeletal staff is anticipated to be available in the week leading up to 2025. To avoid any risk of overstaying, we recommend submitting ITAS renewal applications by December 25 for those whose ITAS expires at the end of December or early January.

Iraqi Kurdistan
Government offices will be closed December 25, 2024 and January 1, 2025. This closure period may be extended to apply through the entire period from December 25 to January 1, however no official announcement has yet been made.

Iraq
Government offices will be closed December 25, 2024 and January 1, 2025.

Ireland
Government offices will be closed December 25-26, 2024 and January 1, 2025.

Israel
Though there are no scheduled full-day closures in December or January, some consulates may have limited opening hours due to regional bank holidays. Travelers should check consular and government office websites before visiting. December 25, 2024 will be a half-day.

Italy
Government offices will be closed December 25-26, 2024, and January 1 and 6, 2025.

Japan
Government offices will be closed December 28, 2024 to January 5, 2025 and January 13, 2025.

Jordan
Government offices will be closed December 25, 2024 and January 1, 2025.

Kazakhstan
Government offices will be closed December 16, 2024, January 1-4, 2025, and January 7, 2025. Government office hours will be shorter on December 31, 2024.

Kenya
All public entities will be closed on December 24-25, 2024, and December 31, 2024.

Kosovo
Government offices will be closed January 1, 2025.

Latvia
Government offices will be closed December 23-26, 2024, and December 30-31, 2024, and January 1, 2025.

Lebanon
Government offices will be closed December 25, 2024 and January 1, 2025.

Liechtenstein
Government offices will be closed December 24 to 26, 2024 and December 31, 2024 to January 2, 2025.

Lithuania
Government offices will be closed December 24-26, 2024. In general, reduced staff during the year-end period may delay processing times.

Luxembourg
Government offices will be closed December 25-26, 2024 and January 1, 2025.

Macau SAR
Government offices will be closed December 20, 23-25, and the afternoon of December 31, 2024, and January 1, 2025.

Madagascar
All public entities will be closed on December 25, 2024.

Malaysia
Subject to confirmation once the official announcement is released, the MYXpats Center and MDEC Office will generally close earlier, with a half-day closure in the afternoon of December 24, 2024. The Immigration Putrajaya will be closed December 25, 2024 and January 1, 2025.

Malta
Government offices will be closed December 25-26, 2024 and January 1-2, 2025.

Mauritius
All public entities will be closed December 24, 2024, and January 1-2, 2025.

Mauritania
All public entities will be closed January 1, 2025.

Mexico
The National Immigration Institute will be closed December 25, 2024, and January 1, 2025. The government may announce additional closures on short notice. Due to a reduced workforce, delays may also be expected during the holiday season (approximately December 19, 2024, through January 6, 2025).

Moldova
Government offices will be closed December 25, 2024, January 1, 2025, and January 7-8, 2025.

Mongolia
Government offices will be closed January 1, 2025.

Montenegro
Government offices will be closed January 1-2, 2025 and January 6-8, 2025.

Morocco
Government offices will be closed January 1, 2025.

Mozambique
Government offices will not be closed. However, on December 25, 2024, and January 1, 2025, services are expected to be delayed as most entities will have skeletal staff in offices during this period.

Myanmar
Government offices will be closed December 25 and 30, 2024 and January 1, 2025.

Namibia
All public entities will be closed December 25, 2024, and January 1, 2025. Reduced staff during this holiday period is expected to delay processing times.

Netherlands
Government offices be closed December 25-26, 2024, and January 1, 2025. In general, reduced staff during the year-end period is expected to delay processing times.

Nepal
Government offices will be closed December 25 and 30, 2024.

North Macedonia
Government offices will be closed January 1, 2025 and January 6-7, 2025.

New Zealand
Government offices will be closed from December 25-26, 2024 to January 1-2, 2025.

Norway
Norwegian immigration authorities will be closed from December 23, 2024 through to January 3, 2025. In Trondheim, such closures will apply from December 19, 2024 through to January 7, 2025.

Oman
There are no scheduled government closures in December 2024 or January 2025.

Pakistan
Government offices will be closed December 25, 2024.

Panama
Government offices will be closed December 20 and 25, 2024 and January 1, 2025. Immigration offices are also expected to close early the business day before these holidays on December 24 and 31, 2024.

Papua New Guinea
Government offices will be closed December 20, 2024 to January 6, 2025.

Paraguay
Government offices will be closed December 25, 2024 and January 1, 2025.

Peru
Government offices will be closed December 23-25, 2024, and January 1, 2025.

Philippines
Government offices will be closed December 24-25, 30-31, 2024 and January 1, 2025.

Poland
Government offices will be closed December 25-26, 2024, January 1, 2025, and January 6, 2025.

Portugal
Public offices will be closed December 25, 2024, and January 1, 2025. Additionally, given the common practice of many government offices to also grant exceptional days off on December 24 and 31, many public offices may also be closed on these dates.

Romania
Government offices will be closed December 25-27, 2024, January 1-2, 2025, and January 6-7, 2025. In general, reduced staff during the year-end period is expected to delay processing.

Republic of Congo
All public entities will be closed on December 24, 25 and 31, 2024.

Russia
Government offices will be closed December 29-31, 2024, and January 1-8, 2025.

Rwanda
All public entities will be closed December 24-25, 2024, and December 31, 2024.

Saudi Arabia
There are no scheduled government closures in December 2024 or January 2025.

Senegal
All public entities will be closed December 25, 2024, and January 1, 2025.

Serbia
Government offices will be closed January 1-2, 2025, and January 7, 2025. In general, reduced staff during the year-end period is expected to delay processing times.

Singapore
Government offices will be closed December 25, 2024 and January 1, 2025.

Slovakia
Government offices will be closed December 24-26, 2024, and January 1, 2025. In general, reduced staff during the year-end period is expected to delay processing times.

Slovenia
Government offices will be closed December 25-26, 2024 and January 1-2, 2025.

South Korea
Government offices will be closed December 25, 2024 and January 1, 2025.

South Africa
All public entities will be closed December 16, 2024, December 24-25, 2024, December 31, 2024, and January 1, 2025. SAQA will be closed on December 6, 2024.

Spain
Government offices will be closed December 25, 2024. Government offices in Barcelona will also be closed December 26, 2024. Generally, reduced staffing during the year-end period is expected to delay processing times.

Sri Lanka
Government offices will be closed December 14-25, 2024.

Sweden
Government offices will be closed December 23-27, 2024, December 30-31, 2024, and January 1-2, 2025. Applicants should anticipate processing delays due to limited staff during the holiday period.

Switzerland
Government offices will be closed as follows:

• Aargau, Bund, Schaffhausen, and Zurich: December 24, 2024 to January 5, 2025. In Aargau, the Migration Office will provide urgent visa inquiries on December 27, 2024 from 10:00 to 12:00 (local time).
• Bern: Afternoon of December 24 to December 26, 2024; and afternoon of December 31, 2024 to January 2, 2025.
• Basel Stadt: Afternoon of December 24 to December 26, 2024; and afternoon of December 31, 2024 to January 1, 2025.
• Geneva: December 24, 2024 to January 1, 2025.
• Lucerne: December 24 to December 26, 2024; and December 31, 2024 to January 2, 2025.
• Solothurn: Afternoon of December 24, 2024 to January 3, 2025.
• Vaud: Afternoon of December 23, 2024 to December 27, 2024; and afternoon of December 31, 2024 to January 3, 2025.
• Zug: December 24 to December 27, 2024; and December 31, 2024 to January 3, 2025, though the Migration Office will be closed December 24, 2024 to January 3, 2025.

Taiwan
Government offices will be closed January 1, 2025.

Tanzania
All public entities will be closed December 24-25, 2024, and December 31, 2024.

Thailand
Government offices will be closed December 30-31, 2024 and January 1, 2025.

Trinidad and Tobago
Government offices will be closed December 25-26, 2024 and January 1, 2025.

Tunisia
Government offices will be closed January 1, 2025.

Turkey
Government offices will be closed January 1, 2025.

Uganda
All public entities will be closed December 24-25, 2024, and December 31, 2024.

United Arab Emirates
Government offices will be closed January 1, 2025.

United Kingdom
Government offices will be closed December 25-26, 2024, and January 1, 2025. Government offices in Scotland will also be closed January 2, 2025. In general, reduced staff during the year-end period may delay processing times.

Uruguay
Government offices will be closed December 25, 2024 and January 1, 2025.

Uzbekistan
Government offices will be open across the Christmas period, but may be closed for the New Year period. Authorities will confirm non-working days on December 20, 2024.

Venezuela
Government offices will be closed December 24, 25 and 31, 2024 and January 1, 2025.

Vietnam
Government offices will be closed January 1, 2025.

Zambia
Government offices will be closed December 24 (at noon local time), December 25 and 31, 2024 and January 1, 2025.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

US: DHS Permanently Raises Automatic Work Authorization Extension to 540 Days for Specific EAD Renewal Applicants

USCIS released a rule in 2016 that allows certain EAD renewal applicants who timely file for EAD renewal in the same work authorization category and whose work authorization does not require adjudication of an underlying petition or application to establish the applicant's eligibility for EAD renewal to have their work authorization automatically extended by up to 180 days from the date of EAD expiration.

In May 2022, USCIS decided that this auto-extension period needs to be temporarily extended to up to 540 days in order to lower the possibility that EAD renewal applicants would experience a gap in work authorization following a major rise in EAD processing times. Those having pending EAD renewal applications as of May 22, 2022, and those who submitted an EAD renewal application between May 4, 2022, and October 26, 2023, were eligible for the 540-day auto-extension at that time.

Eligible foreign nationals who timely filed Form I-765 renewal applications on or after October 27, 2023, and whose applications were still pending as of April 8, 2024, as well as eligible applicants who file EAD renewal applications between April 8, 2024, and September 30, 2025, were once again granted a temporary 540-day extension by DHS earlier this year. DHS is now taking action to make the 540-day extension a permanent benefit for qualified applicants, in response to ongoing backlogs and delays in EAD processing.

Like any rule put into effect in the last few weeks of President Biden's administration, it is unclear if the new Trump Administration will take action to amend or repeal the rule.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

FY 2025 H-1B Regular Cap: Second Random Selection from Pre-Submitted Registrations Completed

USCIS recently declared that to attain the fiscal year 2025 H-1B regular cap numerical allotment, we would need to choose extra registrations for unique beneficiaries. From the remaining validly filed FY 2025 registrations, our projections show that we have now randomly picked sufficient registrations for unique beneficiaries as required to reach the normal cap. Furthermore, all potential petitioners who have picked registrations from this selection round have been informed that they are qualified to submit an H-1B cap-subject petition on behalf of the beneficiary listed in the relevant selected registration.

H-1B cap-subject petitions for FY 2025 may only be filed by petitioners with selected registrations, and only for the beneficiary specified in the relevant selected registration notice. Since enough master's cap registrations had previously been chosen and enough petitions had been filed based on these registrations as predicted to meet the master's cap numerical allotment, we decided not to conduct a second selection for the advanced degree exemption (the master's cap).

A properly filed H-1B cap-subject petition must be submitted within the relevant filing time specified on the relevant selection notice, either in person at the designated filing location or electronically at my.uscis.gov. The H-1B cap-subject petition must be filed within a minimum of ninety days. The petitioners' FY 2025 H-1B cap-subject petition must be accompanied by a copy of the relevant selection notice.

The option of registration is limited to one's eligibility to submit a petition subject to the H-1B cap. Petitioners submitting petitions subject to the H-1B cap still need to demonstrate their eligibility for petition approval in accordance with current legal and regulatory standards.

USCIS released a final rule on January 31, 2024, which changed the fees needed for the majority of immigration petitions and applications. The increased charges will take effect on April 1, 2024. If the increased fees are not included in the petition, it will not be accepted. Furthermore, a new version of Form I-129, Petition for a Nonimmigrant Worker, is available as of 04/01/24. Only the 04/01/24 version of this form will be accepted.

On February 26, 2024, we released the final premium processing fee regulation, which raised the filing fee for Form I-907, Request for Premium Processing Service, to reflect inflation. We shall reject Form I-907 and repay the filing fee if we receive a Form I-907 postmarked on or after February 26, 2024, with the wrong filing fee.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS Will Select Candidates for Regular Cap by Second Random Process from FY 2025 H-1B Cap Registrations That Were Previously Filed

For the fiscal year 2025 H-1B cap, USCIS carried out an initial random selection in March on electronically filed registrations that were compliant, including those of beneficiaries who qualified for the advanced degree exemption. During the filing time specified on their registration selection notification, H-1B cap-subject petitions may only be filed by petitioners whose registrations have been selected for FY 2025. For those having selected registrations for FY 2025, the initial filing window was open from April 1 through June 30, 2024.

We just discovered that in order to attain the FY 2025 regular cap numerical allotment, we would have to choose more registrations for unique beneficiaries. Prospective petitioners with selected registrations from this second round of selection will be notified that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. We will shortly use a random selection process to select additional registrations for unique beneficiaries from previously submitted electronic registrations. When we've finished the second round of notifications and selections, we'll make an announcement.

In order to meet the FY 2025 masters cap numerical allocation, enough masters cap registrations were previously chosen, and enough petitions were submitted based on those registrations. Therefore, we will not be performing a second selection for the advanced degree exemption (the master's cap). Together with registrations that indicated just regular cap eligibility, previously filed registrations indicating master's cap eligibility will be considered for the regular cap's second round of selection.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

The Biden administration offers employment visas for Dreamers and new pathways to residency for undocumented spouses.

Two new initiatives for immigration assistance are forthcoming, according to the White House and the Department of Homeland Security. With the help of these programs, certain undocumented spouses of citizens of the United States will find it easier to seek permanent residence, and Dreamers who have a degree from a U.S. university and a job offer will find it easier to convert to H-1B or other employment-based non-immigrant status.

It is expected that later this summer, the spouse program will begin. It will do away with the need for qualified undocumented spouses of US citizens to petition for permanent residence from outside the nation by enabling them to do so by adjusting the status procedure from within the US. The goal of the relief program for U.S.-degree-holding Dreamers is to expedite the application process for H-1B and other employment-based non-immigrant visas. However, the precise workings and specifics of this initiative are still unknown.

There will be a Federal Register notice with more details on these initiatives; however, the precise date of publication is not yet known and may take several weeks.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS Announces Selection Numbers for the FY 2025 H-1B Cap

USCIS declared that it has received registrations under the H-1B cap for almost 442,000 distinct beneficiaries for the fiscal year 2025. Out of all the beneficiaries who registered, the agency chose 114,017, or around 25.8%, to meet the yearly H-1B quota of 85,000. This is similar to previous cap years, wherein 26.9% of eligible registrants were chosen during the FY 2023 season and 24.8% during the FY 2024 cap season. Of the 85,00 overall cap numbers, 20,000 were chosen as beneficiaries under the H-1B cap exemption for people with advanced degrees earned in the United States.

Instead of using the registration-centric selection method used in previous cap years, USCIS used a new beneficiary-centric method this year. The shift to a beneficiary-centric system was implemented in response to last year's worries about abuse of the H-1B registration process. The intention was to lessen the incentive for entities to work together to submit multiple registrations on behalf of the same foreign national, thereby unfairly increasing the foreign national's chances of winning the lottery. Comparable to the roughly 446,000 registered last year, about 442,000 unique beneficiaries were registered for the FY 2025 cap.

In order to account for situations in which no petition is eventually submitted, as well as applications that are denied, rejected, withdrawn, or revoked, USCIS typically chooses more registrations than are required to achieve the yearly 85,000 H-1B quota. If the agency receives insufficient petitions for unique beneficiaries to fulfill the quota each year, a second lottery among the unique beneficiary registrations submitted for FY 2025 may be held. The petition filing time for the chosen beneficiaries ends in July, at the latest, so it is unlikely that the agency will decide whether to hold a second lottery until then. The number of H-1B cap applications for unique beneficiaries that USCIS receives before the current H-1B filing season concludes on June 30 is probably going to have a big impact on the agency's decision.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

FY2025 H-1B Cap selection process is completed by USCIS

The USCIS has declared that the lottery selection procedure has been concluded and that the yearly cap for Fiscal Year (FY) 2025 H-1B cap employment has been reached. In addition to viewing the status of their submissions in their registration accounts, sponsoring employers and their attorneys have received notification of the selection outcomes.

Employers registered more unique beneficiaries than needed during the first registration period in order to achieve the 65,000 normal H-1B cap number quota and the 20,000 cap exemption for holders of advanced degrees from the United States.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

FY 2025 H-1B Cap Registration Deadline has been extended by USCIS to March 25, 2024

Due to a recent systems failure that hindered users from completing the essential processes to submit registrations for potential H-1B beneficiaries, U.S. Citizenship and Immigration Services is extending the deadline for FY 2025 cap registrations to Monday, March 25, 2024, at noon ET. Users of the registration system have encountered several technical issues leading up to the most recent outage during the FY 2025 H-1B cap registration period, which started on March 6. Employers will still be notified by USCIS by March 31, 2024, about the beneficiaries chosen in the H-1B cap lotteries.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Final H-1B Modernization Rule's First Phase Announces Changes to H-1B Cap Registration; FY 2025 Registration Period and H-1B Organizational Account "Live" Date

A final rule from the Department of Homeland Security (DHS) aiming to tighten H-1B fraud prevention measures will be issued on February 02, 2024 and go into effect 30 days later. It will alter the H-1B cap registration selection procedure from registration to selection by beneficiary. A number of improvements to the H-1B cap procedure are introduced in this final rule, and they will all take effect prior to the opening of the FY 2025 H-1B cap registration system.

Additionally, USCIS has announced that the registration period for the FY 2025 H-1B cap will open at noon ET on March 6 and close at noon ET on March 22. The FY 2025 H-1B cap registration period will also utilize the new online organizational account system from USCIS, which will launch on February 28 at 12:00 ET. Starting on February 28, employers can create new accounts in the system and current account holders can update their present accounts. In the upcoming weeks, USCIS is anticipated to release additional details regarding the new account system and its associated e-filing feature.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

H-1B Cap Registration Schedule for FY 2025 Announced by USCIS

According to USCIS, sponsoring firms have until noon ET on March 06, 2024, to submit registrations for the FY 2025 H-1B quota. As in previous years, the registrations for which an H-1B cap petition may be filed will be chosen by USCIS through a computerized lottery that is conducted at random. USCIS will replace the registration-centric H-1B cap registration selection method that has been in place since 2020 with a beneficiary-centric one this year.

On February 28, 2024, at 12:00 ET, the USCIS's new organizational account system will go online. Starting on that day and continuing through the end of the registration period on March 22, 2024, prospective H-1B employers will have the ability to create new accounts in the system, and current "registrant" account holders will have the ability to upgrade their current accounts to an organizational account.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Significant Increases in Fees for Employment-Based Filings Will Be Effective From April 1 Due to the USCIS Fee Rule

A final regulation to be published in the Federal Register on January 31 states that a new USCIS fee schedule, effective April 1, will increase filing fees for many immigration benefit petitioners and applicants, and most significantly for employment-based petitioners. For USCIS petitions and applications submitted by April 1, 2024, or later, the revised fee schedule will be in effect.

According to the agency, without more money from the fee adjustments, backlogs at the agency will only get worse. The government says that the new fee adjustments are required for USCIS to enhance processing times and offer sufficient service. The last time USCIS changed its fee schedule was in December 2016, when it saw a 21% weighted average increase in fees.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

FY 2024 H-1B Cap Update – Second Round Lottery Completed

The United States Citizenship and Immigration Services (USCIS) announced that have completed the second round H1B lottery and informed all the potential employers of the applicants selected in the second round lottery. An additional 77,600 registrations were selected in the second round of the H1B visa lottery.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

FY 2024 H-1B Cap Update – USCIS to conduct second lottery round

The United States Citizenship and Immigration Services (USCIS) has announced the second draw for H-1B visas for fiscal year 2024. This is conducted because USCIS did not receive enough H-1B cap applications during the first 90-day application period to reach the 85,000 quota for fiscal year 2024. USCIS will announce when it has completed the second lottery selection process to all employers with newly selected registrations.

Please contact us directly if you need help sponsoring workers for H1B visas

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact us.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

FY 2024 H-1B Cap Initial Registration Period Opens on March 01, 2023

According to a statement released by U.S. Citizenship and Immigration Services, the 2024 H-1B Cap Initial registration period opens at noon ET on March 1 and runs through noon ET on March 17, 2023.

For the FY 2024 H-1B cap, USCIS will give a confirmation number to each register. You cannot use this number to track the status of your case in Case Status Online; it is only used to track registrations. The electronic registration of each beneficiary for the selection process must be done through a myUSCIS online account, and the related H-1B registration fee must be paid for each registration.

However, registrants and representatives must wait until March 01, 2023, to enter beneficiary information and submit the registration. Representatives may add clients to their accounts at any time. In a single online session, prospective petitioners or their representatives would be able to register several beneficiaries.

If sufficient registrations are received by March 17, 2023, USCIS will randomly choose registrations and notify people via their myUSCIS online accounts of their selection. All registrations that were correctly submitted during the initial registration period will be chosen if we do not get enough registrations. Account holders will be informed by March 31, 2023.

Please contact us directly if you need help sponsoring workers for H1B visas

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Proof of vaccination required for Non-US travelers entering from Canada or Mexico

Starting January 22, 2022 - The Department of Homeland Security will require non-U.S. individuals entering through U.S.-Mexico and U.S.-Canada borders to provide proof of vaccination. These new restrictions will apply to non-U.S. individuals who are traveling by land or ferry for both essential and non-essential reasons. These restrictions will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals and for children under 18.

Please contact us directly if you have any questions relating to the Travel restrictions, or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Second Lottery conducted by USCIS to select more H-1B cap cases from previously submitted FY 2022 registrations

US Citizenship and Immigration Service (USCIS) has provided another chance for H-1B candidates whose cases were not picked in the initial lottery selection process for FY 2022. USCIS selected additional registrations to reach their FY 2022 numerical allocations as they did not receive enough H-1B cap petitions during their initial filing period, which ran from April 01, 2021, to June 30, 2021.

According to the USCIS, on July 28, 2021, they conducted a second lottery process and the filing period for those selected in the second round will begin from Aug 02, 2021, till Nov 03, 2021. This is the second consecutive year when the USCIS conducted a second round of lottery process for H-1B cap cases. This is also good news for international students in the US who are eligible for a change of status.

Please contact us directly if you have any questions relating to the second H-1B Lottery, Travel restrictions, NIE, or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

State Department announces extension of validity for National Interest Exceptions (NIE)

The U.S. State Department has expanded the validity of National Interest Exceptions (NIE) for travelers subject to restrictions under Presidential Proclamations (PPs) 9984, 9992, 10143, 10199, and similar subsequent PPs related to the spread of COVID-19. Unless otherwise indicated, existing NIEs will be valid for 12 months from the date of approval and multiple entries, as long as they are used for the purpose under which they were granted.

The new extension policy is effective immediately and applies to travelers subject to these proclamations due to their presence in China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, Ireland, and India who currently have approved NIEs or who were granted NIEs in conjunction with a visa application.

Please contact us directly if you have any questions relating to NIE, Travel restrictions or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

US is waiving in-person interviews for certain H-1B, other visas through 2022

The US Department of State (DOS) has made an announcement indicating that they are waiving in-person interview requirements at local consulates for several non-immigrant work visa categories and the dependents of such visa holders till Dec 2022. Due to the COVID Pandemic US Consulates have been operating with very limited capacity. The consular officers will now be temporarily authorized to waive in-person interviews for nearly a dozen visa categories, including Persons in Specialty Occupations (H-1B visas), visas for students, temporary agricultural and non-agricultural workers, student exchange visitors, as well as athletes, artists, and entertainers. The authorization to waive the in-person interview for applicants renewing a visa in the same visa class within 48 months of the prior visa’s expiration has been extended indefinitely.

Please contact us directly if you have any questions relating to the Interview waiver process, Travel restrictions, NIE, or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

US withdraws H-1B Selection Final Rule

The Department of Homeland Security has published a final rule to withdraw Donald Trump's era proposal to change the process of granting H-1B visas from the current lottery system to a wage level ranking. This decision comes after the U.S. District Court for the Northern District of California granted summary judgment in favor of the plaintiffs and vacated the regulations.

The H-1B temporary foreign worker program is highly popular in IT companies and H-1B cap lottery is expected to remain in place for the foreseeable future.

Please contact us directly if you have any questions relating to the H1B Final Rule, travel restrictions, or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Third lottery run by USCIS to select additional H1B cases from applications submitted for fiscal year 2022, including graduate degree waivers

On November 19, 2021, the United States Citizenship and Immigration Services (USCIS) conducted the third H1B lottery selection and selected an additional 16,753 entries. The additional screening occurred because USCIS did not receive enough H1B limit requests during the first two H1B limit filing periods to reach 85,000 grants for fiscal year 2022. Employers whose cases are selected in the third lottery must petition for newly-selected registrations between November 22, 2021 and February 23, 2022.

Please contact us directly if you have any questions relating to the third H-1B Lottery, Travel restrictions, NIE, or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Major changes to H-4 and L-2 EADs

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance to address automatic extension of employment authorization for certain types of Visas. Please see the changes for H-4 and L-2 EADs below:

H-4 EADs
H-4 nonimmigrants who file their I-765 EAD renewal applications on a timely basis and continue to have H-4 status beyond the expiration date of their EAD will qualify for the automatic extension of their (c)(26)-based EADs.

Such auto-extensions terminate the earlier of:

a) The end date of the individual’s H-4 status as noted on Form I-94,

b) The approval or denial of the I-765 EAD renewal application, or

c) 180 days from the “Card Expires” date on the face of the EAD.

NOTE: As of now, automatic H-4 EAD extension will only apply to individuals who have valid H-4 status after their EADs expire. The automatic extension would not apply in situations in which an individual's H-4 and EAD applications expire at the same time and are renewed concurrently.

By March 10th, 2022, USCIS will amend the I-765 receipt notice to detail the EAD auto-extension eligibility based on the validity period provided on the I-94 in combination with the expired EAD, and the I-765 receipt notice (Form I-797C) for a timely-filed I-765 EAD renewal application.

L-2 EADs
By March 10th, 2022, USCIS will issue policy guidance that states that L-2 spouses are employment authorized incident to status and, in cooperation with U.S. Customs & Border Protection (CBP), will change the I-94 to indicate that the bearer is an L-2 spouse (as opposed to an L-2 child), so that the I-94 can be used as a List C document for I-9 purposes. The I-9 form will also be updated over the next few months to accommodate this change.

Until the Form I-94 is changed to identify that the bearer is an L-2 spouse for I-9 purposes, USCIS will consider that L-2 nonimmigrant spouses who file their I-765 (EAD) renewal applications on a timely basis and continue to have L-2 status beyond the expiration date of their EAD will qualify for the automatic extension of their (a)(18)- based EADs.

Such auto-extensions terminate the earlier of:

a) The end date of the individual’s L-2 status,

b) The approval or denial of the I-765 EAD renewal application, or

c) 180 days from the “Card Expires” date on the face of the EAD.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Covid-19 Travel Restrictions on U.S Visas and Entry: The National Interest Exception (NIE)

The Biden administration announced that in November 2021, it will lift the COVID-19 travel restriction for specific countries and instead require all foreign travelers to provide proof of COVID-19 vaccination before boarding a flight to the United States.

Non-essential travel from certain countries to the U.S. is currently not permitted due to the global COVID-19 pandemic. Regional COVID-19 public health bans restrict travel for foreign nationals who have been physically present in a designated country within 14 days of seeking entry to the United States. Transit through an airport in a designated country counts as presence in that country.

Certain individuals are exempt from the bans, including:

a) U.S. citizens and lawful permanent residents (green card holders) and their immediate family members

b) An individual traveling at the invitation of the U.S. government or pursuant to a UN agreement

c) Individuals traveling on A, C, D, certain E-1, G, or NATO visas. A member of the U.S. Armed Forces and his or her spouse or child

Individuals may also be eligible for an exception to the travel ban if their travel is found to be in the national interest or would further U.S. law enforcement objectives.

To determine whether you may be exempt from the COVID-19 travel bans or are eligible to apply for an exception, please contact us.

National Interest Exceptions (NIEs) for Certain Travelers Travelers with immigrant, fiancé(e) and certain F and M student visas are eligible for a blanket NIE and do not need to apply for individual NIEs.

Other individuals who are eligible to apply for an NIE include:

a) Foreign nationals seeking to provide executive direction or vital support for “critical infrastructure sectors” or directly linked supply chains (as outlined at https://www.cisa.gov/critical-infrastructure-sectors), which could be travel pursuant to H, L, O, B, Visa Waiver Program (VWP)/Electronic System for Travel Authorization (ESTA), or other nonimmigrant business or work categories;

b) Journalists (I visas);

c) Certain exchange visitors, exchange students, and academics covered by exchange visitor programs (J-1).

For the complete list, please refer to the June 24, 2021, State Department policy statement.

Travelers can also apply for an NIE if they are seeking to enter the United States for purposes related to humanitarian travel, a public health response, or national security.

Travelers with valid visas or ESTA registrations from banned countries must also apply for an NIE from the U.S. government. Typically, you must first apply with a U.S. embassy/consulate and if their response is delayed or negative, then an application may be made with Customs and Border Protection (CBP).

Please contact us directly if you have any questions relating to NIE, Travel restrictions or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS Updates Policies to promote Immigration Services

The US Immigration and Citizenship Services (USCIS) has issued new policy updates to clarify the criteria and circumstances for issuance of requests for evidence (RFEs) and notices of intent to deny (NOIDs), employment authorization documents (EADs) for adjustment of status applicants, and expedite criteria for immigration benefit applications.

Under these policy changes, USCIS considers Expedited processing as a special situation service or benefit for requestors who urgently need their request for immigration benefits adjudicated. USCIS reinstates the 2013 policy and has rescinded the 2018 policy that allowed officers to deny benefit requests outright for lack of initial evidence. As per the 2013 policy, the officers are instructed to issue RFEs or NOIDs for cases filed with initially insufficient evidence, where additional evidence would establish eligibility for the immigration benefit. The updated policy also permits Employment Authorization Documents (EADs) for most adjustment of status applicants to be issued for a maximum of two years, an increase from the standard one year of validity.

Please contact us directly if you have any questions relating to Travel restrictions or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS announces Online filing of Form I-765 for F-1 Students Seeking Optional Practical Training

U.S. Citizenship and Immigration Services announced that F-1 students can now file Form I-765, Application for Employment Authorization, online if they are filing for pre-completion OPT, post-completion OPT, or 24-month OPT STEM extension. OPT is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Eligible F-1 students who receive STEM degrees may apply for a 24-month extension of their post-completion OPT.

As per USCIS: The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If an applicant submits Form I-765 online to request employment authorization on or after April 15 but is eligible for a different employment authorization category, USCIS will deny the application and retain the fee.

The online filing allows applicants to submit forms electronically, check the status of their case anytime from anywhere, and receive notices from USCIS online instead of waiting for them in the mail.

Please contact us directly if you have any questions relating to F1 related employment authorization or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021

On May 3, 2021, USCIS has announced that it will suspend the biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021. The biometrics suspension will apply to the H-4, L-2, and E-1, E-2, and E-3 categories of Form I-539 applications if they are 1) pending on May 17, 2021, and have not yet received a biometric services appointment notice, and 2) are new applications received by USCIS from May 17, 2021, through May 23, 2022.

USCIS will issue guidance soon regarding the applicability of the biometrics suspension and biometrics fee. We also expect that USCIS will not require the biometrics fee for the applicable categories during the effective period, but that USCIS will not refund any payments already made. LBL will continue to monitor the situation and provide any updates necessary.

We welcome this news from USCIS. The biometric requirement for H4s was burdensome and invasive for young applicants. Practically speaking, it resulted in significant delays for H4 EAD holders and forced the separation of H4 EAD applications from H1b petitions. Prior to the biometric requirements, H4 EAD applications usually received the benefit of premium processing from the H1b. It is possible that this will resume now that the biometric requirement has been lifted.

Please contact LBL if you have any questions or need assistance with H-4, L-2 or H4 EAD applications.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

FY 2023 H-1B Cap Update

The USCIS online H1B Cap registration system opened at noon on February 21, 2022, to create new employer accounts. If your organization plans to sponsor foreigners for H1B Cap employment in FY 2023, you must have an active registered account with USCIS.

Please contact us directly if you need help registering accounts or sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS will no longer accept a single combined payment on certain forms filed together with an H1-B or H-1B1 petition

For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or we will reject the entire package. Only the fee for Form I-907, Request for Premium Processing Service, may be combined with the fee for a concurrently filed Form I-129 requesting H-1B classification.

USCIS is transitioning to electronic processing of immigration benefit requests. As we complete this transition, USCIS will be using multiple systems to receipt and process various types of immigration benefit requests. Because H-1B and H-1B1 petitions and related applications are not all processed in the same system, USCIS requires a separate payment instrument for each of these forms. USCIS acknowledges that using multiple checks or payments for H-1B and H-1B1 petitions and related applications is more burdensome than using one payment. USCIS is always analyzing its forms, practices, and policies to streamline filing and reduce, minimize and control burdens to submit requests. However, USCIS believes that the advantages of electronic processing to both the agency and to the public outweigh the minor impacts of submitting individual fee payments.

Please contact us directly if you need help registering accounts or sponsoring workers for H1B visas for the fiscal year 2023.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Oct 2022 EB2 India Visa Bulletin Update

Congress has set limits on the number of immigrant visas that can be issued each year. The law stipulates that no country should exceed a certain percentage of the total number of visas available per year. If these limits are exceeded in a particular category in a particular country, a waiting list will be created and the applicant will be placed on the list according to the date of case notification. This date is called the "priority date". To match status with legal permanent resident status, applicants must be able to obtain an immigrant visa, both at the time of application and at the time of determination. The Department of State publishes a monthly visa bulletin that sets out visa expiration dates. Therefore, monthly visa bulletins determine which applicants are eligible to apply for a status adjustment and which applicants are eligible to obtain permanent residency. An applicant whose priority date is before the deadline published in the latest Visa Bulletin is eligible to apply for permanent residency. If your category is employment-based and requires proof of employment, the priority date is set to the date the proof of employment was submitted to the Department of Labor. If your category is employment-based but does not require proof of employment, the priority date is set to the date USCIS receives your immigrant visa application I-140. However, a priority date will not be assigned to your case until the I-140 is approved.

As per the latest USCIS Oct 2022, Visa bulletin Visa Bulletin For October 2022 (state.gov) the cut-off date for EB2 India retrogresses in October. The cut-off date is now set at Apr 01, 2012. If you have all the necessary documents and the priority date is on or before Dec 01, 2014 (as per the Sep Visa Bulletin) you are still eligible to apply for AOS (Adjustment of Status) before Sep 30, 2022.

Feel free to reach us for any Immigration related queries. We are Luke Bowman Law and "Immigration is Our Business". We provide completed immigration solutions for individuals, families, and companies – including

• Green cards (EB-1A-C, EB-2, EB-3, and EB-5);
• Non-Immigrant Visas (H-1B, L-1, TN, O-1, etc.);
• Non-Immigrant Dependents (H-4, L-2, TD, O-3, etc.);
• Students, training, and exchange (J-1, F-1, H-3);
• Complete Corporate Immigration Services (HR, direct employee interaction, and internal immigration management, act as corporate agent);
• Family basis processes (I-130, K-1, K-2, and K-3);
• Corporate compliance (simulated audits, public access file creation, and management, recruitment folders, etc.)

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Sincerely,

Luke Bowman

The Law offices of Luke Bowman

H-1B Initial Electronic Registration Selection Process Completed

USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). We randomly selected from among the registrations properly submitted. We intend to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered) :

• Submitted : A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected, or Denied.
• Selected : Selected to file an FY 2021 H-1B cap-subject petition.
• Denied : A duplicate registration was submitted by the same registrant for the same beneficiary, or a payment method was declined and not reconciled. If denied as a duplicate registration, all registrations you submitted for this beneficiary for the fiscal year are invalid.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2021, and only for the beneficiary in the applicable selected registration notice

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

H-1B Initial Electronic Registration Selection Process Completed

U.S. Citizenship and Immigration Services (USCIS) has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We have randomly selected from the registrations properly submitted to reach the cap, and have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.

Selected: Selected to file an H-1B cap petition.

Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.

Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid.

For more information, visit the H-1B Electronic Registration Process page.

FY 2024 H-1B Cap Petitions May Be Filed Starting April 1

H-1B cap-subject petitions for FY 2024, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2023, if based on a valid, selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.

An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.

Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval based on existing statutory and regulatory requirements.

Selection in the registration process does not relieve the petitioner of submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

For more information, visit the H-1B Cap Season page.

Pre-paid Mailer Suspension

We will not use prepaid mailers to send out any communication or final notices for FY 2024 cap-subject H-1B petitions, including those requesting consideration under the advanced degree exemption.

The process of printing and mailing the cap-subject H-1B petition approval notices by first-class mail is fully automated. Using prepaid mailers requires a separate, more time-consuming manual process. The existing automated process is more efficient for both petitioners and USCIS. Because of this, we will use first-class mail as we work to process all cap-subject petitions in a timely manner.

Receipt Notice Delays

When we receive a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a petition is timely and properly filed, but issuance of the Form I-797 is delayed. If you are a petitioner and have confirmation from the delivery service that the petition was delivered, but you have not yet received a Form I-797 confirming receipt of the petition, you should not submit a second petition. If you have confirmation from the delivery service that the petition was delivered and you then submit a second petition, you will be considered to have submitted duplicate petitions. This will result in denial or revocation of both petitions.

If more than 30 days have passed since the confirmation of delivery and you have still not received a Form I-797, you may contact the USCIS Contact Center for assistance.

If you receive notification from the delivery service, or your tracking information suggests, that there may be a delay or damage to the package or that the package was misrouted, you should follow the Delivery Service Error Guidance on the H-1B Cap Season webpage.

Please contact LBL if you have completed H1B registration and need assistance with H1B cap filing.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS Urges Eligible Applicants to Switch Employment-Based Categories

U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).

The overall employment-based annual limit for fiscal year 2022 is approximately twice as high as usual, because that limit includes all unused family-sponsored visa numbers from fiscal year 2021, which was approximately 140,000.

In addition, under the relevant statute, any visas not required in the fifth employment-based preference category are made available in the first employment-based preference category, and any visas not required in the first employment-based preference category are made available in the second employment-based preference category.

These visas cannot be made available to applicants in the third employment-based preference category because, given the significant number of noncitizens awaiting visas in the second employment-based preference category, these visas are required by statute to be used for the second preference category.

Please contact us directly if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

The U.S. restricts travel from India starting May 04, 2021

U.S. President Joe Biden issued a proclamation imposing new travel restrictions on India barring most non-U.S. citizens from entering the United States.

The travel ban will be applicable for travelers on B visas, F, M, or J student/exchange visitor visas, H-1B specialty technical worker visas, L holders, and their dependents. U.S. citizens, Green card holders their non-citizen spouses, and children below 21 years of age, are among the various categories exempted from the restrictions.

The new travel restrictions have been imposed for an indefinite period and will require another presidential proclamation to end them. There is a long list of exemptions and the order will be reviewed every 30 days.

Please contact us directly if you have any questions relating to Travel restrictions or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

H-1B Initial Electronic Registration Selection Process Completed

USCIS has received enough electronic registrations for the fiscal year (FY) 2022 H-1B cap allocations including the advanced degree exemption (master’s cap). Random selection process is completed and all prospective petitioners with selected registrations have been notified that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.

Selected: Selected to file an H-1B cap petition.

Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.

Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.

For more information, visit the H-1B Electronic Registration Process page.

H-1B cap-subject petitions for FY 2022, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2021, if based on a valid, selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022, and only for the beneficiary named in the applicable selected registration notice.

Please contact LBL if you have completed H1B registration and need assistance with H1B cap filing.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

FY 2022 H-1B cap Registration Period Closes; USCIS to Conduct Selection Lotteries and Notify Employers By March 31

The H-1B cap registration period has now closed. USCIS will accept no further cap registrations against the FY 2022 quota. USCIS will conduct two selection lotteries to choose the beneficiaries on whose behalf an H-1B cap petition can be filed. The first lottery will contain all registered H-1B beneficiaries to meet the regular H-1B cap of 65,000. The second lottery will contain all registered master’s-cap beneficiaries who were not selected in the first lottery. USCIS will use this second lottery to select enough registrations to meet the H-1B cap exemption of 20,000 for holders.

USCIS plans to notify employers and immigration counsel of the lottery results by March 31. To learn the lottery results, your attorney or your company’s authorized signatory will need to access their my.USCIS.gov account and review the status of each beneficiary. If a beneficiary has been selected, the USCIS system will provide a selection notice for the case. The selection notices this year will also identify whether the H-1B registration was selected under the regular or the advanced degree quota.

USCIS will accept H-1B cap petitions on behalf of lottery selectees from Thursday, April 1, 2021. The petition filing period will end no earlier than 90 days thereafter. All FY 2022 H-1B cap petitions must be submitted during this period. USCIS has not announced whether premium processing will be suspended for FY 2022 cap petitions yet.

To facilitate the submission of H-1B cap petitions, work closely with your LBL team so that essential supporting evidence, including company documentation, beneficiary educational documents etc. can be collected promptly if it has not yet been gathered.

Please contact LBL if you have completed H1B registration and need assistance with H1B cap filing.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

H1B Visa: Regulatory Freeze

The Biden administration has directed agencies to consider publishing a 60-day delay for any rules not in effect regarding the wage-based lottery system.

"This proposed delay of 60 days will allow agency officials the opportunity to review any questions of fact, law, or policy, the rule may raise,” says the US Department of Labour (DOL). Meanwhile, DOL will be seeking public comments on this extension.

The wage rule issued by the Trump administration on January 14, was supposed to take effect from March 15, but now will be delayed to May 14, in response to Joe Biden’s regulatory freeze. Meaning that the wage based selection process will not be effective upcoming registration – which is expected to open on March 1.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT

United States Citizenship and Immigration Services (USCIS) has announced “flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization”. These flexibilities apply only to applications received on or after Oct 01, 2020, through May 1, 2021, inclusive.

USCIS has experienced delays at certain lockboxes in issuing receipt notices for Form I-765 for optional practical training (OPT) for F-1 students. The OPT allows foreign students to work in the country for 12 months after they graduate, which must be completed within 14 months of their program ending. Students studying science, technology, engineering, and maths get an additional 24 months. The 14 month period will now commence on the date of the approval of Form I- 765 which is the application for post-completion OPT for applications filed between October 01, 2020, and May 01, 2021.

Please contact us directly if you need help sponsoring workers for H-1B visas for the fiscal year 2022.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

The Biden Administration Revokes Presidential Proclamation 10014

Effective immediately, the Biden administration decided on Wednesday, February 24, 2021, to revoke Presidential Proclamation 10014, a controversial order passed under former President Donald Trump that halted the issuance of most U.S. visas at Consulates and Embassies worldwide.

President Biden's proclamation applies only to immigrant visa applicants. It does not rescind Proclamation 10052 that suspended the issuance of certain H-1B, L-1, J-1 visas, mainly for first-time applicants, and the respective visa categories for dependent family members (H-4, L-2, and J-2) continues in effect through 3/31/2021 or until further notice.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

H-1B Electronic Registration for FY2022 to begin on March 9 to March 25, 2021

After the Biden administration announced that it will continue with the traditional lottery system, USCIS has confirmed that the FY 2022 H-1B cap initial registration period will be open from March 9, 2021, 12:00 p.m. EST to March 25, 2021, 12:00 p.m.

All H-1B cap cases must be entered into the electronic registration system during this time period to be counted and selected under this year’s process. USCIS also announced that there will be no changes to this year’s H-1B cap selection process as the implementation of the “H-1B Cap Selection Process Final Rule” has now been delayed until December 31, 2021.

Please contact us directly if you need help sponsoring workers for H-1B visas for the fiscal year 2022.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS delays Wage-Based Selection Process for H-1Bs, lottery system to apply for the upcoming season

United States Citizenship and Immigration Services (USCIS) announced that it is delaying the H-1B policy of the previous Trump Administration on the allocation of the popular foreign work visas by continuing with the lottery system until December 31, 2021, to give the immigration agency more time to develop, test and implement the modifications to the registration system.

The delay has been announced days after the Department of Labor (DOL) postponed the implementation of the final wages rule until May 14, 2021. The Department said that the proposed delay will “allow agency officials the opportunity to review any questions of fact, law, or policy, the rule may raise.”

Please contact us directly if you need help sponsoring workers for H-1B visas for the fiscal year 2022.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Court Order Regarding Presidential Proclamation 10052

On October 1, 2020, a federal district court in National Association of Manufacturers v. Department of Homeland Security (NAM) enjoined the government from enforcing section 2 of Presidential Proclamation (PP) 10052 against named plaintiffs and members of the plaintiff associations.

The named plaintiffs include: the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, TechNet, and Intrax, Inc. Therefore, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of, one of the above named organizations is no longer subject to PP 10052’s entry restrictions.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

USCIS Modifies H-1B Selection Process to Prioritize Wages

U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.

Modifying the H-1B cap selection process will incentivize employers to offer higher salaries, and/or petition for higher-skilled positions, and establish a more certain path for businesses to achieve personnel needs and remain globally competitive.

It is important to note that this rule must first be published in the Federal Register and then it will take affect 60 days later.

This makes it possible that the rule may not take effect until after the 2021 H1b quota. Further, this rule is likely to be enjoined by litigation.

***

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Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Presidential Proclamations (P.P.) 10014 and 10052 are extended until 31 March 2021

US President Donald Trump has extended the suspension on the entry of certain immigrants and nonimmigrants into the United States in light of the COVID-19 pandemic. The proclamations have been continued until March 31, 2021.

The limitations also stop many temporary visas used to work in the United States by individuals overseas, including the H-1B program. The proclamation suspends entry of nonimmigrants in the following categories: H-1B, H-2B, J (for aliens participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L, along with their spouses and children. No valid visas will be revoked under the proclamation.

The last proclamation was set to expire on December 31, Trump issued another proclamation on Thursday to extend it until March 31, 2021. The technology companies would now have to wait at least till the end of March before approaching the US diplomatic missions to get stamping.

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Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Various claims documented against DOL for wage increments

In the course of recent days, multiple entities have filed suit against the Department of Work (DOL) for the sensational October 8, 2020 wage increments. The plaintiffs range from Universities, including the College of Universities, Cornell, Stanford, Purdue, and Arizona State University, to the National Association of Manufacturers, National Retail Federation, multiple Health Care players, and multiple Information technology and computer servicing companies, including ITServe, which was liable for effectively challenging the Neufeld memo that required staffing organizations to give pages of extra proof of their employer-employee relationship with their H-1B employees (contracts, statements of work, POs, and so forth).

Presently we wait with the expectation that courts charges the new common pay structure while the prosecution continues.

***

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Sincerely,

Luke Bowman

The Law offices of Luke Bowman

North and South borders shut until further notice

On 19/10/2020 it had been reported that the North and South land border closure would be extended until additional notification separated from essential travel.​ This is a similar border closure that has been broadened steadily since March 2020.​ This applies just to the land borders and ferry crossings. People entering the U.S. from Canada or Mexico via plane are not affected by this border closure and won't have to demonstrate that their travel is essential.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

I-129 & I-140 petitions premium processing fees increased

On 16/10/2020, the USCIS reported that the premium processing fee for I-129 and I-140 petitions will be incremented to $2500 (from $1440) for all petitions stamped on or after 19/10/2020.​

H-1B, L-1, O-1 and TN In-country petitions, among others Form I-129 is utilized.

Form I-140 is utilized for employment-based immigrant petitions (Stage 2 of the positive identification proof process).​

No news yet on the implementation of premium processing for other applications, similar to I-539 and I-765 applications.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Proposed sweeping changes to H-1B programs

The Administration’s broadly broadcasted and long-anticipated regulatory changes to the H-1B nonimmigrant visa classification were published inside the Federal Register on October 8, 2020, and can get on December 7, 2020, except if enjoined. To submit a comment on the rule at the latest cutoff time of December 7, 2020, go to: http://www.regulations.gov and type in USCIS-2020-0018 in the search field.​

Speciality

• The rule amends the meaning of a "specialty occupation" to demonstrate that there must be a direct connection between the necessary degree field(s) and the obligations of the position.
• General degrees in engineering, human sciences, business, and so on minus any additional specialization or clarification aren't adequate to fulfill claim to speciality occupation.
• In situations where the petitioner lists degrees in different "disparate" fields of study as the base section entry for a position, the petitioner must build up how each field of study is during a particular speciality giving "a body of highly specialized knowledge" straightforwardly connected with the obligations and responsibilities of the actual position.​
• Where a position may permit a scope of degrees, and apply numerous bodies of exceptionally specialized knowledge, every one of those passing degree fields must be straightforwardly identified with the proffered position.​
• Rather than exhibiting that a bachelors’ degree is "regularly," "generally" or "typically" required; petitioners should set up that the bachelor’s degree in a specific speciality or its identical is the least necessity for entry into the occupation inside the us by demonstrating that the predetermined degree might be a lways.
• The requirement for the occupation as a whole.
• The occupational requirement within the relevant industry.
• The petitioner’s particularized requirement or
• Because the position is so specialized, complex, or unique that it is necessarily required to perform the duties of the specific position.

Third-Party Worksites

• The term "worksite" is revised (with the goal that it is similar to the DOL meaning of "place of employment" at 20 CFR 655.715) as "the actual area where the work is really performed by the H-1B nonimmigrant."​
• The rule characterizes "third-party worksite" as "a worksite, other than the recipient's habitation in the US, that isn't possessed or rented, and not worked, by the petitioner."​
• The standard sets a 1-year maximum legitimacy period for all H-1B petitions in which the recipient will be working at a third-party worksite. This applies to all H-1B petitions where any recognized worksite is a third-party, not simply the essential worksite​ Employer-Employee Relationship.
• The definition of “United States Employer” is amended by : ​Striking the word “contractor” from the definition of “United States employer,” although DHS also explains at length that the deletion does not necessarily preclude a contractor from qualifying as a U.S. employer
• Embeddings "company" in the overall definition; and​ Developing the current necessities by necessitating that a business must draw in the recipient to work inside the US and have a genuine, non-theoretical proposition for employment for the beneficiary.​
• The solicitor must set up that a genuine proposition for employment exists, and that real work will be accessible as of the mentioned start date.​
• The rule defines the expression "employer-employee relationship" to be the "conventional master-servant relationship as perceived by custom-based law organization principle." It includes a non-exhaustive list of factors to be considered in the totality of the circumstances, essentially restoring the January 2010 Neufeld Memo on the employer-employee relationship that was recently invalidated. In any case, moreover to taking viable whether a business has "the option to control" the worker's work together of the listed variables, USCIS likewise will look at whether the business really practices that privilege to control. This may require staffing organizations to put a chief at every customer site where they have workers.
• The rule requires that petitioners filing third-party worksite petitions must submit evidence such as contracts, work orders, or other similar evidence (such as a detailed letter from an authorized official at the third-party worksite) to determine that the beneficiary will perform services during a specialty occupation which the petitioner will have an employer-employee relationship with the beneficiary. Such documentation can also be requested by USCIS for any and every one H-1B petitions during a case-by-case basis.

Other Provisions

• The rule requires USCIS to issue a quick explanation when an H-1B nonimmigrant petition is approved but USCIS grants an earlier end validity date than requested by the petitioner.​
• The rule revises the itinerary requirement at 8 CFR 214.2(h)(2)(i)(B) to specify that this provision will not apply to H-1B petitions.​
• The rule adds provisions regarding H-1B site visits to codify its authority to conduct site visits and describe the scope of inspections.
• The regulation indicates that the possible scope of an inspection may include the petitioning organization’s headquarters, satellite locations, or the location where the beneficiary works or will work, including third-party worksites, as applicable.​
• The rule also specifies that failure or refusal of the petitioner or a third-party to cooperate with a site visit may be grounds for denial or revocation of any H-1B petition for H-1B workers performing services at the situation or locations which are a topic of inspection, including any third-party worksites.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Dramatically increase of prevailing wages

On October 6, 2020, the U.S. Department of Labor (DOL) updated its regulations for wages paid to certain foreign workers with the named purpose of higher protecting the roles and wages of U.S. workers. The new wages were applicable as of October 7, 2020 at 7:00 pm.​

AILA (American Immigration Lawyers Association) is preparing litigation against the DOL regarding this alteration . If you'd wish to be a named plaintiff during this matter, please read through to the top of this alert for information on the way to join as a plaintiff. Both organizations and individuals could also be included as named plaintiffs.

Prevailing wages established by the DOL impact the subsequent nonimmigrant and immigrant categories:

• H-1B
• H-1B1 (Singapore/Chile trade Agreement)
• E-3 (Australia trade Agreement)​
• Employment-based positive identification sponsorships supported a PERM application.

The Department believes these changes to the wage structure supported the Occupational Employment Statistics (OES) wage survey better reflect the particular wages earned by U.S. workers similarly employed to foreign workers. The OES is that the online wage survey administered by the Bureau of Labor Statistics and typically utilized in reference to H-1B petitions. during this regard, please note that the prevailing wage levels appear to possess been increased by about 50% in many cases. Under the new wage structure, A level 1 (entry level) engineer in Wayne/Oakland/Macomb county must be paid $92,830/year ($44.63/hour). this is often up from $67,850/year ($32.62/hour). A level 2 engineer working within the same geographic location must now be paid $114,421/year ($55.01/hour), up from $82,555/year ($39.69/hour).

The Interim Final Rule will only apply to the following

• An Application for Prevailing Wage Determination, Form ETA-9141 (typically filed in reference to PERM sponsorship), pending with the National Prevailing Wage Center (NPWC) as of 08/10/2020.
• An Application for Prevailing Wage Determination, Form ETA-9141, filed with the NPWC on or after 08/10/2020.
• A Labor Condition Application for Nonimmigrant Workers (LCA), Form ETA-9035/9035E, (filed in reference to H-1B, H-1B1 and E-3 petitions) filed on or after 10/8/2020 where the OES survey data is that the prevailing wage source, and where the employer didn't obtain the prevailing wage determination from the NPWC before the effective date of the regulation.

Note: If the legal challenge to the present rule isn't successful, it's going to be worth investing in an independent wage survey that might be acceptable to the DOL. For now, i like to recommend taking a wait and see approach because the new rule might be blocked by the courts.

The Interim Final Rule won't impact the following

• Prevailing Wage Determinations (ETA-9141) issued any time before 10/08/2020. Including those issued years ago in reference to a PERM and/or I-140 that has already been approved. This includes EB3 downgrades that are being prepared.
• Existing H-1B, H-1B1 or E-3 wages. So, there's no impact to the wage levels for workers who have a pending or approved H-1B, H-1B1 or E-3. However, the new wage structure will apply subsequent time the employer files an extension or amendment for the worker.

On October 13, 2020, the NPWC will begin issuing prevailing wage determinations (ETA-9141) using the new OES prevailing wage data. This brief delay in issuing wage determinations is important to finish the specified technical changes to the FLAG system's internal prevailing wage determination module.

The DOL are going to be accepting public comments on the new rule through 11/9/2020. To submit a comment, attend https://beta.regulations.gov, click on the box for “Strengthening wage protections for the temporary and permanent employment of certain aliens,” then click on the “Comment” button within the upper left.

Join the litigation​
AILA is seeking plaintiffs in an action challenging the new interim final rule on prevailing wage levels for H-1B, H-1B1, E-3 and PERM filings. Individuals and organizations curious about potentially joining the litigation as named plaintiffs should complete the shape at this link as soon as possible because the litigation are going to be filed on a really expedited basis.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Expansion through premium processing

On October 6, 2020, the U.S. Department of Labor (DOL) updated its regulations for wages paid to certain foreign workers with the named purpose of higher protecting the roles and wages of U.S. workers. The new wages were applicable as of October 7, 2020 at 7:00 pm.​

On 30/09/2020, the Continuing Appropriations Act 2021 (HR 8337) was signed into law to continue to fund the Government through 11/12/2020. The Act included language permitting the USCIS to expand premium processing services to other application types. To date, premium processing has only been available for some I-140 petitions and nonimmigrant petitions filed using Form I-129 (H-1B, L-1, O-1, TN, etc.)

The increased fees and expanded availability of premium processing will not take effect until USCIS is able to implement. Timing of implementation is unknown at this time. A public announcement is expected that would provide more details and a timeline for implementation.

The bill would:

• Immediately give USCIS access to premium processing funds to pay for operational expenses, which are otherwise reserved for infrastructure improvements.
• Authorize premium processing services to be available for:
  • Employment-based nonimmigrant petitions and associated applications for dependents
  • Form I-140 petitions (EB1, EB2 & EB3)
  • Form I-539
  • Form I-765 and
  • Any other immigration benefit type deemed appropriate by the USCIS. [We will need to wait for more clarification on what this will include.
• Increase the premium processing fee for benefit requests that are already eligible for premium processing services from $1,440 to $2,500. ​
• Require rulemaking to set fees for expanded premium processing services, but it must be consistent with the following:
  • EB-1 petitions for Multinational Managers and Executives or EB-2 NIW petitions - fee is no greater than $2,500 and processing time is no greater than 45 days.
  • Change of status requests for F, J and M - fee is no greater than $1,750 and processing time is no greater than 30 days.
  • Change of status requests for dependents seeking E, H, L, O - fee is no greater than $1,750 and processing time is no greater than 30 days.
  • Form I-765 - fee is no greater than $1,750 and processing time is no greater than 30 days.
• Allow for a biennial adjustment of premium processing fees based on the Consumer Price Index without rulemaking.
• Clarify that the processing time clock does not begin until "all prerequisites for adjudication are received" by USCIS.
• Ensure that providing expanded premium processing services does not result in an increase in processing times for other benefit applications.
• Require a semi-annual congressional briefing and that within 180 days, USCIS will provide a 5- plan on establishing:
  • Electronic filing procedures for all applications and petitions
  • Acceptance of electronic filing at all locations and
  • Issuance of all correspondence and notices electronically.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Increase of USCIS fee halted

We previously reported that on August 3, 2020, that USCIS had published a final rule that was to increase certain immigration and naturalization filing fees beginning October 2, 2020.

The Immigrant Legal Resource Center had filed suit against USCIS regarding the fee increases and on 29/09/2020, the U.S. District Court for the Northern District of California ordered that the USCIS filing fee increases be stayed pending final adjudication of the matter. This also means that premium processing time limit will remain 15 calendar days for now, rather than 15 business days as had been proposed in the final rule.

This is particularly important now as the USCIS filing fees for I-485 and associated applications (EADs and Advance Parole application) were set to substantially increase on October 2, just as thousands of people will be filing their I-485 applications due to rapid forward movement in priority dates.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Regulations for forthcoming H-1B & prevailing wages

On September 3, 2020, U.S. Citizenship and Immigration Services (USCIS) submitted an Interim Final Rule to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) entitled, "Strengthening the H-1B Nonimmigrant Visa Classification Program." It is anticipated that the administration will publish the regulation as an Interim Final Rule (IFR), rather than as a Notice of Proposed Rulemaking (NPRM), which would normally first require a 60-day comment period. An IFR means that the regulation would take effect possibly upon publication - without the agency first evaluating and responding to public comments.

On September 16, 2020, the U.S. Department of Labor (DOL) submitted an Interim Final Rule to OIRA entitled, "Restructuring of H-1B/H-1B1/E-3 and PERM Wage Levels." It is anticipated that the administration also plans to publish this regulation as an Interim Final Rule and that it could become effective immediately upon publication.

The timing of these regulations is crucial as, with the election coming in November and the possibility of a change of administration coming in January, the clock is ticking on this administration's ability to promulgate new regulations to implement its restrictionist agenda.

The USCIS and DOL Interim Final Rules are expected to combine to substantially modify prevailing wage requirements so as to limit the availability of the H-1B visa program to the most highly paid professionals, regardless of actual wage data for the labor market. These are some highlights of several expected provisions of these regulations, and a preview of potential legal challenges these regulations may face.

Expected Provisions

While the specific language of the forthcoming regulations will not be available until they are published in the Federal Register, based on the regulatory agenda and other clues, they are expected to include the following:

• Revision of the definition of an H-1B specialty occupation to "increase focus on obtaining the best and brightest foreign nationals."
• Changes to the definitions of H-1B employment and the employer-employee relationship, with a focus on restricting offsite placement of H-1B workers. It is expected that the Interim Final Rule will revise the regulatory definition of "United States Employer" and the interpretation of "employer-employee relationship" so as to exclude or limit the availability of the H-1B visa program where there is third-party placement of H-1B workers.
• Possible requirement that H-1B employers and their end clients jointly obtain LCAs where H-1B workers will work at client sites. The regulation may include a revision to the Labor Condition Application (LCA) requirement so that when the H-1B worker is assigned to a third-party work site, the end-client would need to join in or be a signatory to the LCA. A joint LCA requirement may create de facto joint employer liability for LCA obligations on wages and working conditions.
• Additional H-1B wage requirements "to ensure employers pay appropriate wages to H-1B visa holders" as well as a restructuring of the H-1B, H-1B1, E-3 and PERM prevailing wage levels.

Litigation Challenging the Regulations

A few grounds for a legal challenge could include:

• Several of the expected changes appear to be inconsistent with existing statutes on specialty occupation.
• If issued as an Interim Final Rule, the agency will also need to show the basis for its determination that there exists "good cause" to skip the normal notice and comment process.

Reforming (read: restricting) the H-1B visa program is a priority for Senior Policy Advisory Stephen Miller. However, issuing these regulations as Interim Final Rules presents many risks and makes a successful legal challenge more likely. If a federal court issues an injunction following a legal challenge, it is unlikely that there would be enough time to republish a regulation and consider public comments - unless there is a second term of the Trump Presidency.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

EB priority dates for October 2020 changed Significantly

October 1, 2020 marks the beginning of the federal fiscal year (FY21), and with it, the infusion of a new allocation of immigrant visa numbers. This infusion typically results in some forward movement in Final Action Dates in the month of October. The October Visa Bulletin was published on 24/09/2020 and later in the day the USCIS indicated that EB I-485 applications would be accepted based on Filing Date.

Unique forward movement This October's Visa Bulletin is unique; however, given competing tensions caused by the COVID-19 global pandemic. On the one hand, diminished agency processing capacity is likely to limit advancement in certain preference categories and across the family-based (FB) preference categories. On the other hand, most employment-based (EB) categories have the potential to experience significant forward movement, as explained further below. What remains uncertain is to what extent, if any, diminished agency capacity might curb advancement in the employment-based preference categories.

Infusion of unused Family-Based Numbers from FY20 For FY21, the assignment of employment-based visa numbers is required to be phenomenally high. This is on the grounds that the INA requires unused family-based visa numbers from the prompt earlier monetary year to be added to the business based assignment (and the other way around). There were critical business based numbers utilized in FY20 before the Coronavirus pandemic started, while interestingly there has been negligible FB number utilization due to amazingly restricted consular preparing because of the pandemic and the foreigner visa limitations of PP 10014 that suspended settler visa preparing at U.S. Departments.

It is possible that 250,000 or more unused FB immigrant visa numbers will be added to the EB immigrant visa pool for FY21. This would represent a 63% increase over the highest allocation in recent memory. While this is great news for individuals who have been waiting many years for their priority dates to become current, it will likely also result in a slowdown in processing​ I-485 and related applications.

On the other hand, for FY21, it is expected that the usage of family-based immigrant visas will continue to be significantly low in comparison to prior fiscal years due to the continuing global pandemic and the various travel bans that remain in effect. So, it's possible that EB visa numbers will continue to exhibit substantial forward movement in FY22.

Downsizing to EB3 For certain classes, particularly those brought into the world in India and China, EB3has really pushed forward of EB2 for October 2020. For cases in which a representative has an endorsed I-140 in the EB2 classification, we can simultaneously document another I-140 request with the I-485 recording to downsize the appeal to EB3 and exploit the current EB3 need date.

Our arrangement and your things to do We are currently producing reports to see which people have current need dates dependent on their current arrangement (for example EB2) and which people wouldshould be downsized to EB3 to be current in October. On the off chance that your need date is current dependent on your current classification (for example EB2 India), there is no compelling reason to contact our office. We will start your I-485 as quickly as time permits. On the off chance that you should be minimized to EB3 or if our office didn't set up your I-140 however is as of now speaking to your boss, if you don't mind contact ouroffice to ensure we have you on our rundown in the event that you have not effectively done as such. At that point, we will start starting these I-485 cases and messaging the surveys that should be finished and the rundown of archives we will require. If it's not too much trouble check your garbage/spam envelopes every day to ensure that our introduction messages don't wind up there.

Employment and Travel Authorization documents Starting in October 2020, the USCIS has forced separate documenting charges for work (EAD $550) and travel (advance parole or AP $590) applications. Beforehand, there were no extra USCIS documenting expenses related with these applications on the off chance that they were recorded along with the I-485 (green card) application. Because of this change, we might be getting ready EAD/AP applications on the off chance that you explicitly request that we, besides in some uncommon conditions where the EAD/AP applications will be needed; for instance, in the event that you are in a nonimmigrant status that doesn't allow settler purpose like F-1 or TN. Should you decide to have us get ready EAD/AP applications, there are no extra lawful charges for the underlying applications whenever arranged simultaneously asthe I-485 application. Be that as it may, if the EAD/AP reports should be restored later on, which is likely, you will bring about extra lawful charges and USCIS recording expenses for the restoration applications. In the event that you decide not to apply for EAD/AP records you should keep up your nonimmigrant status and should have a legitimate H or L visa stamp in your identification to go universally and re-visitation of the U.S. while the I-485 is forthcoming.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Remote extended of I-9 & E-Verify procedures through 19/11/2020

The Department of Homeland Security (DHS) and U.S. Migration and Customs Enforcement (ICE) reported an augmentation of the adaptability in consenting to necessities identified with Form I-9 because of COVID-19 through 19/11/2020.

This arrangement just applies to bosses and working environments that are workingdistantly and licenses them to distantly review and hold duplicates of the character and business qualification reports to finish Section 2 of Form I-9."

This brief direction was set to lapse August 18. Due to progressing precautionary measures identified with COVID-19, DHS has expanded this approach for an extra 30 days.

If you don't mind allude to the movement cautions from 17/06/2020 and 5/4/2020 on our site (www.freijylaw.com/migration alarms/) for more data on brief I-9 and E-Verify methods that have been set up.

E-Verify members who meet the models and pick the distant review choice should keep on after current direction and make cases for their recently recruited employees inside three business days from the date of recruit.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

North & South borders to remain shut through 21/10/2020

The North and South border closure has now been stretched out through 21/10/2020 aside from fundamental travel.

DHS Acting Secretary Chad Wolf prior declared that "Trivial travel won't be allowed until this organization is persuaded that doing so is free from any danger."

This applies just to the border closure and ship intersections. People entering the U.S. from Canada or Mexico via plane are not affected by this outskirt conclusion and won't have to demonstrate that their movement is basic.

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If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman