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DHS Extends Form I-9 Requirement Flexibility

November 24, 2020

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.

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USCIS Reaches H-2B Cap for First Half of Fiscal Year 2021

November 24, 2020

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.

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USCIS Updates Guidance on Naturalization Applicants

November 24, 2020

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.

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State Department Revises Guidance to Implement Court Order in NAM v. DHS

November 24, 2020

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.

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DHS Issues Proposed Rule to Expand Biometrics Collection

November 24, 2020

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.”

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USCIS Publishes Guidance on E-Verify Tentative Nonconfirmations

November 24, 2020

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

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OFLC Consolidates Adverse Effect Wage Rate Info for H-2A Program

November 24, 2020

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

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USCIS Updates Guidance on Discretionary Factors for Adjustment of Status Applications

November 24, 2020

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.”

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Proposed Changes to the H-1B Program and Prevailing Wage Determinations

November 18, 2020

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

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Updated Minnesota Qualified Data Center Guidance: Distributed Software and Documentation

November 17, 2020

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.

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