Today’s executive order does not create any immediate change to H-1B workers.

This most recent executive order on immigration brings H-1Bs under scrutiny in two different respects:

• It directs federal agencies to review instances where H-1B workers provided services, whether through contract or subcontract, that may have negatively impacted U.S. workers. Agencies have 120 days to submit their report. Depending on the findings, further action may be taken to restrict the hiring and employment of H-1B workers by federal agencies.

• It tasks the Department of Labor and the Department of Homeland Security with ensuring adequate protection of U.S. workers. While the executive order does not detail what this directive entails specifically, based on previous measures this may involve LCA audits, an increase in H-1B worksite visits, and increased requests for evidence based on LCA conditions, including job classifications and wage levels. The Secretaries of Labor and Homeland Security have 45 days to take action to implement any protections that are deemed necessary, so we will likely see some changes soon.

We are closely monitoring this situation and will provide updates as we have them. In the meantime, please contact your Graham Adair attorney with any questions.

Effective October 2020, USCIS will implement fee adjustments for certain immigration and naturalization benefit applications. One of the most notable adjustments is that Form I-129 is no longer a uniform rate. Rather, the fee will depend on the type of non-immigrant status. For example, the I-129 fee for an H-1B is changing to $555, while the I-129 fee for an L-1 is now $805.

Along with the proposed fee adjustments, USCIS will also be extending the time to adjudicate premium processing petitions from 15 calendar days to 15 business days.

Additionally, Adjustment of Status (I-485) applicants seeking an Employment Authorization Document and an Advanced Parole document will be required to pay a separate fee for each application and each renewal. A separate part of the I-485 fee adjustment removes the fee discount for minor children under 14 years; their cases will now require the full I-485 filing fee.

The fee changes for certain immigration and naturalization applications are below:

Please contact your Graham Adair representative with any questions.

Effective October 2020, USCIS will implement fee adjustments for certain immigration and naturalization benefit applications. One of the most notable adjustments is that Form I-129 is no longer a uniform rate. Rather, the fee will depend on the type of non-immigrant status. For example, the I-129 fee for an H-1B is changing to $555, while the I-129 fee for an L-1 is now $805.

Along with the proposed fee adjustments, USCIS will also be extending the time to adjudicate premium processing petitions from 15 calendar days to 15 business days.

Additionally, Adjustment of Status (I-485) applicants seeking an Employment Authorization Document and an Advanced Parole document will be required to pay a separate fee for each application and each renewal. A separate part of the I-485 fee adjustment removes the fee discount for minor children under 14 years; their cases will now require the full I-485 filing fee.

The fee changes for certain immigration and naturalization applications are below:

Please contact your Graham Adair representative with any questions.

On March 20th, DHS deferred the physical examination requirement of work authorization documents for Form I-9.? This allowed employers to inspect Section 2 documents via video link, fax, or email, as long as specific notation is entered in the “Additional Information” field on Section 2.? You can find our news alert on the initial guidance here.

Due to continued precautions related to COVID-19, DHS extended this flexibility for another 30 days to August 19th.

If you have any questions on how to complete the Form I-9 during these times, please contact your Graham Adair representative.

On March 20th, DHS deferred the physical examination requirement of work authorization documents for Form I-9.  This allowed employers to inspect Section 2 documents via video link, fax, or email, as long as specific notation is entered in the “Additional Information” field on Section 2.  You can find our news alert on the initial guidance here.

Due to continued precautions related to COVID-19, DHS extended this flexibility for another 30 days to August 19th.

If you have any questions on how to complete the Form I-9 during these times, please contact your Graham Adair representative.

Today, the Department of State (DOS) issued a clarification on the June 22 executive order that restricted entry against those applying for H-1B, H-4, L-1, L-2, H-2B, and J visas. As we previously reported, the executive order impacted individuals currently outside the United States who are waiting for U.S. consular posts to reopen in order to apply for visas in one of the newly restricted categories.

Today’s clarification by DOS alleviates the burden on some would-be visa applicants. Specifically, H-4 and L-2 dependents can apply for and receive visas if their H-1B or L-1 spouse or parent is currently in the United States.

Some families have been separated for months due to the shutdown of U.S. consulates and embassies around the world, and the June 22 executive order appeared to move the finish line out to the end of the year, and potentially longer. But with today’s clarification, some families can now start planning to be reunited in the near future as U.S. consular posts begin the slow process of reopening.

Please contact your Graham Adair attorney with any questions.

Today, the Department of State (DOS) issued a clarification on the June 22 executive order that restricted entry against those applying for H-1B, H-4, L-1, L-2, H-2B, and J visas. As we previously reported, the executive order impacted individuals currently outside the United States who are waiting for U.S. consular posts to reopen in order to apply for visas in one of the newly restricted categories.

Today’s clarification by DOS alleviates the burden on some would-be visa applicants. Specifically, H-4 and L-2 dependents can apply for and receive visas if their H-1B or L-1 spouse or parent is currently in the United States.

Some families have been separated for months due to the shutdown of U.S. consulates and embassies around the world, and the June 22 executive order appeared to move the finish line out to the end of the year, and potentially longer. But with today’s clarification, some families can now start planning to be reunited in the near future as U.S. consular posts begin the slow process of reopening.

Please contact your Graham Adair attorney with any questions.

On July 14, 2020, the U.S. Department of Homeland Security and Immigration and Customs Enforcement, as part of a resolution reached pursuant to a lawsuit, agreed to rescind the July 2020?Student and Exchange Visitor Program (SEVP) policy change. As we?previously reported, the SEVP policy change would have required?foreign students in F-1 or M-1 status in the U.S. to take at least some in-person coursework in the fall 2020 semester. According to the resolution, the federal government will rescind the July 6, 2020 SEVP Policy Directive and the July 7, 2020 SEVP FAQ (as well as the implementation of the same).

Based on this update, the prior COVID-19-related SEVP guidance issued in March 2020 continues in effect, which will allow F-1 and M-1 students taking only online courses in the fall 2020 semester to continue to lawfully reside in the United States.

Please contact your Graham Adair attorney with any questions.

On July 14, 2020, the U.S. Department of Homeland Security and Immigration and Customs Enforcement, as part of a resolution reached pursuant to a lawsuit, agreed to rescind the July 2020 Student and Exchange Visitor Program (SEVP) policy change. As we previously reported, the SEVP policy change would have required foreign students in F-1 or M-1 status in the U.S. to take at least some in-person coursework in the fall 2020 semester. According to the resolution, the federal government will rescind the July 6, 2020 SEVP Policy Directive and the July 7, 2020 SEVP FAQ (as well as the implementation of the same).

Based on this update, the prior COVID-19-related SEVP guidance issued in March 2020 continues in effect, which will allow F-1 and M-1 students taking only online courses in the fall 2020 semester to continue to lawfully reside in the United States.

Please contact your Graham Adair attorney with any questions.