Legal Updates

DHS said the measures were part of a collaborative “North American” approach intended to limit the further spread of coronavirus.

The new guidance expands on how officers determine whether an O-1 petitioner has satisfied the evidentiary criteria and established in the totality of the evidence that a beneficiary has extraordinary ability, or extraordinary achievement, in the motion picture and television industry, as applicable.

DHS has sent several rules to OMB for final review, including an interim final rule to redefine what constitutes an H-1B specialty occupation and an employer-employee relationship.

The new policy guidance describes the final rule’s adjustments in fees for specific forms. It also provides guidance on fee exemption and waiver policies, new premium processing time limits and other changes made by the fee rule.

Asylum applicants now are subject to the agency’s discretion when seeking authorization to work. The new rule does not apply to employment authorization applications filed or pending before August 25, 2020.

Just five days before furloughs were set to begin for more than 13,000 USCIS employees, the agency announced that it was canceling those plans. However, USCIS said backlogs and wait times would increase across the board.

USCIS released an alert summarizing how it will implement its recent DACA policy memorandum.

Employees may present their Form I-797 Notice of Action showing approval of their I-765 application as a List C document for Form I-9 compliance until December 1, 2020.

USCIS said that SEVIS “will count each day without employer information toward the total number of unemployment days allowed.”

Following a recent bombshell GAO report finding the appointments invalid, DHS asked GAO to rescind its finding. GAO refused.