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SEC Proposes Conditional Exemption for ‘Finders’ Assisting with Capital Raising
On October 7, 2020, the SEC proposed a conditional exemption from the broker registration requirements of Section 15(a) of the Exchange Act for “finders” who assist issuers with raising capital in private markets from accredited investors.
Departments of Labor and Homeland Security Announce New Prevailing Wage and H-1B Requirements
On October 8, 2020, the Department of Labor began implementing a new prevailing wage system with higher wage thresholds for H-1B, E-3 and PERM applications.
Federal Judge Issues Preliminary Injunction Against Trump Block on H, L, J Foreign Workers
On October 1, 2020, a U.S. district judge ruled in NAM v. DHS against aspects of President Trump’s June 22, 2020, Proclamation that blocked visa issuance to many foreign workers.
USCIS Issues Guidance on Fee Rule Following Litigation
A U.S. district court in Immigrant Legal Resource Center et al. v. Wolf, et al., temporarily enjoined DHS from implementing or enforcing USCIS’ August 3, 2020, fee schedule rule and changes to certain other immigration benefit request requirements.
State Department Issues Guidance on National Interest Exceptions for Travelers from the Schengen Area, United Kingdom and Ireland
DOS recently released guidance on national interest exceptions for travelers from the Schengen Area, United Kingdom and Ireland. Certain business travelers, investors, treaty traders, academics, students and journalists may qualify for national interest exceptions under related Presidential Proclamations.
Federal Judge Rules on DV-2020 Visas
A U.S. district court judge ruled in Gomez v. Trump that the Department of State intentionally misinterpreted the Trump administration’s entry ban by not issuing diversity visas.
October Visa Bulletin Shows Major Movement in Employment-Based Cases; USCIS Applies Filing Date Rather Than Final Action Date to Certain Adjustment Applications
USCIS issued guidance the same day stating that the Filing Date, rather than the Final Action Date, applies to employment-based I-485 adjustment of status applications.
ICE Proposes a Fixed Time Period of Admission and Extension-of-Stay Procedure for Nonimmigrant Students, Exchange Visitors, Foreign Media Representatives
ICE proposes to amend its regulations by changing the admission period of F, J and I individuals from duration of status to admission for a fixed time period.
DOL Announces Permanent Adoption of Electronic Issuance of PERM Labor Certifications
The Department of Labor announced that it is permanently adopting the electronic issuance of PERM labor certifications to employers and their authorized attorneys or agents.
CBP Publishes Notices Extending Travel Restrictions at Land Ports of Entry Between the United States and Canada, Mexico
CBP issued notices extending temporary restrictions on travel of individuals from Canada and Mexico into the United States along land ports of entry at the border. Such travel is limited to “essential travel,” as defined in the notice, effective through October 21, 2020.