Legal Updates

DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic.

November 16, 2020, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2021.

USCIS updated policy guidance to clarify the circumstances when the agency would find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence.

DOS released revised guidance implementing a court order in National Association of Manufacturers v. Department of Homeland Security that clarified its earlier order enjoining the government from enforcing a Trump administration ban on H, L and J nonimmigrants.

DHS proposes to “permit collection of biometrics from aliens departing from airports, land ports, seaports, or any other authorized point of departure” and “to amend the regulations to provide that all aliens may be required to be photographed upon entry and/or departure.”

The photo E-Verify transmitted should be identical to the photo that appears on an employee’s DHS or DOS-issued document.

The webpage contains the monthly AEWRs for range occupations and the hourly AEWRs for non-range occupations.

The update provides “a non-exhaustive list of positive and negative factors that may be relevant to whether an adjustment of status applicant warrants a favorable exercise of discretion.”

In October 2020, the Trump administration announced three new regulations that would profoundly change – and broadly restrict – H-1B visas.

The Minnesota Department of Revenue has updated its data center exemption guidance, taking a step in the right direction for purchases of distributed software and required documentation.