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Amy L. Peck Blog Posts

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Suits Challenge New Rules on H-1B and PERM Labor Certification Programs

Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the Department of Labor (DOL) on October 8, 2020. Those rules, both issued as Interim Final rules and without the usual notice and... Continue Reading
October 20, 2020

New H-1B Rule Will Increase Denial of Petitions, DHS Says

The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers. As a companion regulation to the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule, DHS has released the “Strengthening... Continue Reading
October 8, 2020

New DOL Rule Could Limit Some Employers’ Hiring and Retention of Highly Skilled Foreign Employees

After months of speculation, the Department of Labor’s (DOL’s) “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule was finally released to the public.  It will be published in the Federal Register on October 8, 2020 and will go into effect immediately upon publication.  The rule’s wage... Continue Reading
October 7, 2020

USCIS Premium Processing Fees: Bad News, Good News

Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will fund the government until December 11, 2020. The changes are meant to provide additional funding to USCIS to bolster... Continue Reading
October 5, 2020

Judge Issues Preliminary Injunction Against Nonimmigrant Ban

Judge Jeffrey S. White has granted the plaintiffs’ request for preliminary injunction preventing the continued enforcement of the Presidential Proclamation suspending the entry of certain individuals in H, L, and J status (Nonimmigrant Ban) in National Association of Manufacturers et al. v. Department of Homeland Security et al. This ban has been creating uncertainty for... Continue Reading
October 2, 2020

USCIS Switches to ‘Dates for Filing’ Chart for Employment-Based Adjustment of Status for October

While it typically uses the “Final Action Dates” chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS) has announced that for October 2020, it will allow employment-based adjustment of status applicants to file based upon the U.S. Department of State’s (DOS) October “Dates for Filing” chart. This means that individuals... Continue Reading
September 27, 2020

DHS May Resume Public Charge Rule, Federal Appeals Court Rules

The Department of Homeland Security (DHS) may resume implementation of the new Public Charge Rule, the U.S. Court of Appeals for the Second Circuit has ruled. The factors that are considered under the new Public Charge Rule include the applicant’s use of public benefits, employment status and history of employment in the U.S., among others.... Continue Reading…
September 23, 2020

DHS May Resume Public Charge Rule, Federal Appeals Court Rules

The Department of Homeland Security (DHS) may resume implementation of the new Public Charge Rule, the U.S. Court of Appeals for the Second Circuit has ruled. The factors that are considered under the new Public Charge Rule include the applicant’s use of public benefits, employment status and history of employment in the U.S., among others.... Continue Reading
September 23, 2020

I-9 Flexibility Continued for Another 60 Days, Until November 19, 2020

Days before the upcoming deadline, ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 60 days (instead of just 30 days), until November 19, 2020, due to continued precautions related to the COVID-19 pandemic. Pursuant to the original guidelines for virtual verification, eligible employers may... Continue Reading…
September 16, 2020

I-9 Flexibility Continued for Another 60 Days, Until November 19, 2020

Days before the upcoming deadline, ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 60 days (instead of just 30 days), until November 19, 2020, due to continued precautions related to the COVID-19 pandemic. Pursuant to the original guidelines for virtual verification, eligible employers may... Continue Reading
September 16, 2020

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