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Legal Updates

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Non-Essential Travel Limited Across Land Borders

September 28, 2020

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

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Policy Alert on O Nonimmigrant Visa Classifications

September 28, 2020

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.

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H-1B, Work Authorization Rules Under Review

September 28, 2020

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.

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USCIS Issues Final Fee Rule Guidance

September 28, 2020

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.

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USCIS Discretion on Work Authorization Exemptions

September 28, 2020

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.

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USCIS Cancels Planned Furloughs

September 28, 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.

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USCIS Implements Guidance on DACA

September 28, 2020

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

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EAD Printing Delays Lead to I-9 Policy Flexibility

September 28, 2020

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.

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Severe Consequences for Blank Employer Info in SEVIS

September 28, 2020

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

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DHS Blasts GAO Report, Demands Rescission and GAO Refuses

September 28, 2020

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

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