Administrative Action

/Administrative Action

Sweeping changes to H-1B / PERM wage leveling and H-1B “specialty occupation” take effect 10/7/20

Tuesday, October 6th, 2020, the Department of Homeland Security H-1B Strengthening Rule and DOL Prevailing Wage Interim Final Rules were posted for public inspection.  Both DHS and DOL have issued press releases regarding these changes.

Both the DHS and DOL regulations will be published tomorrow in the federal register publish and have a 30 […]

By | 2020-10-06T19:48:41+00:00 October 6th, 2020|Categories: Administrative Action, H-1B|Comments Off on Sweeping changes to H-1B / PERM wage leveling and H-1B “specialty occupation” take effect 10/7/20

DOL & H-1B Interim Final Regs expected as early as next week

On October 1, 2020, the Office of Information and Regulatory Affairs (“OIRA”), which is housed within the Office of Management and Budget (“OMB”), marked as “withdrawn” both the U.S. Citizenship and Immigration Services (“USCIS”) and U.S. Department of Labor (“DOL”) Interim Final Regulations  (“IFR”). In an unusual move, OIRA has decided to not review these regulations […]

By | 2020-10-03T00:09:45+00:00 October 1st, 2020|Categories: Administrative Action, H-1B|Comments Off on DOL & H-1B Interim Final Regs expected as early as next week

Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

On Monday, June 22, 2020, President Trump released a Presidential Proclamation and an accompanying fact sheet that suspends the entry into the U.S. of several nonimmigration classifications. The Presidents stated objective is to ensure that U.S. workers are hired first due to the current high unemployment rate. This proclamation is effective through December […]

By | 2020-06-23T16:42:05+00:00 June 22nd, 2020|Categories: Administrative Action, Administrative Change, Executive Order, Visa|Comments Off on Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

USCIS Policy memo on International Medical Graduates with J-1 waivers

On Monday, May 11, 2020, USCIS issued a policy memo titled, “Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency.”

This USCIS memo addresses a few of the many issues currently facing International Medical Graduates (“IMG”) as a result of the COVID-19 pandemic, including:

  •  In situations in which an H-1B foreign […]
By | 2020-05-13T12:08:24+00:00 May 11th, 2020|Categories: Administrative Action, H-1B, International Medical Graduate (IMG), J-1 waiver|Comments Off on USCIS Policy memo on International Medical Graduates with J-1 waivers

Public Charge regulations become effective February 24, 2020

Based on a U.S. Supreme Court decision on Monday, January 27th, 2020 lifting a nation-wide injunction, USCIS announced that it will now be implementing a new “public charge” rule, except in Illinois, where the rule remains enjoined by a federal court as of Jan. 30, 2020. Essentially, USCIS will be asking additional questions […]

By | 2020-02-03T20:07:09+00:00 January 30th, 2020|Categories: Administrative Action, Court Decision|Comments Off on Public Charge regulations become effective February 24, 2020

USCIS changes Form I-131 instructions regarding Advance Parole denials from international travel

On November 19th, 2018 SPS Immigration posted on how USCIS Director L. Francis Cissna stated that USCIS would cease denying Advance Parole applications when a foreign national travels internationally. Director Cissna stated that USCIS would notify the public when it implemented this change.

USCIS recently updated the form instructions to Form I-131, confirming this policy shift back […]

By | 2018-12-17T17:33:56+00:00 December 17th, 2018|Categories: Administrative Action, Travel|Comments Off on USCIS changes Form I-131 instructions regarding Advance Parole denials from international travel

USCIS will quit denying Advance Parole applications due to international travel

During the USCIS Ombudsman Annual Conference on November 16, 2018, USCIS Director L. Francis Cissna confirmed that USCIS will end its recently-adopted practice of denying pending Advance Parole applications (Form I-131) when an applicant travels abroad during the time the Advance Parole is pending at USCIS. USCIS had previously, for years, adjudicated Advance Parole documents […]

By | 2018-11-19T21:27:05+00:00 November 19th, 2018|Categories: Administrative Action, Travel|Comments Off on USCIS will quit denying Advance Parole applications due to international travel

USCIS Medical Exams valid for 2 years, beginning 11/01/18

USCIS announced Tuesday, October 16th, 2018, that it is updating its policy manual to extend the validity date of Medical Exams (Form I-693) from one year to two years. This change begins November 1, 2018. It is important to note that medical exams will be valid for a two-year period following the date the civil […]

By | 2018-10-16T14:45:18+00:00 October 16th, 2018|Categories: Administrative Action, AOS|Comments Off on USCIS Medical Exams valid for 2 years, beginning 11/01/18

Premium Processing Fee increasing to $1410

In an unpublished notice today in the Federal Registrar, USCIS announced that it is increasing the Premium Processing fee 14.92% from $1225 to $1410.  This increase will likely take effect October 1, 2018, or 30 days after the notice is formally published in the Federal Registrar, which is expected to be August 31, 2018.

The […]

By | 2018-09-11T21:08:32+00:00 August 30th, 2018|Categories: Administrative Action, Immigration Reform|Comments Off on Premium Processing Fee increasing to $1410

USCIS extends and expands Premium Processing Suspension

Today, August 28th, 2018, USCIS announced that it is extending and expanding its previously announced temporary suspension of premium processing for cap-subject H-1B petitions.  Beginning September 11, 2018, USCIS is extending the premium processing suspension through February 19, 2019, and expanding it to all H-1B Petitions except those that meet the following criteria:

  1. Cap-exempt petitions that […]
By | 2018-08-28T18:28:15+00:00 August 28th, 2018|Categories: Administrative Action, H-1B|Comments Off on USCIS extends and expands Premium Processing Suspension