Tag Archives: Immigration

Court’s H-1B Wage Levels Ruling a Win for Foreign National Employees

On December 1, 2020, a challenge brought by the U.S. Chamber of Commerce to the new H-1B wage levels and the new definition of “Specialty Occupation” was upheld by the U.S. District Court for the Northern District of California.

To read the full text of this post by Duane Morris partner Valentine A. Brown, please visit the Duane Morris Immigration Law Blog.

USCIS Issues Guidance on I-765 Employment Authorization Approval Notices for I-9 Verification amid COVID-19 Delays

Due to the extraordinary and unprecedented COVID-19 public health emergency, the production of certain Employment Authorization Documents (EADs) has been delayed. USCIS issued new guidance on August 19, 2020, authorizing employees to use Form I-797, Notice of Action, with a notice date on or after December 1, 2019, through and including August 20, 2020, stating the approval of an Application for Employment Authorization (Form I-765) as a Form I-9, Employment Eligibility Verification, List C #7 document.

To read the full text of this Duane Morris Alert, please visit the Duane Morris website.

PERM Applications in the COVID-19 Era Difficult in an Uncertain Job Market

Employers who may be trying to proceed with PERM applications for foreign national workers are in an uphill battle. With layoffs, furloughs and unemployment at all time highs, the Department of Labor is on high alert for unsuspecting PERM employers who are trying to do the right thing under difficult circumstances.

To read the full text of this post by Duane Morris partner Valentine A. Brown,  please visit the Duane Morris Immigration Law Blog.

Presidential Proclamation Suspends Entry of Nonimmigrants, Effective June 24

On June 22, 2020, President Trump signed a proclamation to both suspend and limit the entry of certain nonimmigrant visa holders into the United States effective June 24, 2020, through December 31, 2020, based upon the current loss of jobs and unemployment during the COVID-19 pandemic.

To read the full text of this Duane Morris Alert, please visit the firm website.

Making Sure Employees are Ready when Visa Interviews Resume: Tips for Consular Interviews in the New Normal

U.S. Consulates around the world are beginning to reopen and start scheduling visa appointments and it is critical for applicants to be well prepared for their interviews.  Recently, the Department of State revised its Foreign Affairs Manual (FAM), to include a new, heightened adjudication standard for blanket L-1 applications.

To read the full text of this post by Duane Morris attorney Teodora Purcell, please visit the Duane Morris Immigration Law Blog.

DOL Rescinds Extensions to Meet PERM Deadlines During the COVID-19 Pandemic

On June 4, 2020, the U.S. Department of Labor (DOL) rescinded deadline extensions it had instituted on March 20 to help employers meet PERM requirements during the pandemic. Unfortunately, employers sponsoring foreign national employees for PERM labor certification-based green cards will for now receive no further accommodations from the DOL during the COVID-19 pandemic.

To read the full text of this post by Duane Morris attorney Susanne Heubel, please visit the Duane Morris Immigration Law Blog.

USCIS Premium Processing, Suspended for COVID-19, Returns for Nonimmigrant and Worker Visa Petitions

On May 29, 2020, USCIS announced that it will resume premium processing for Form I-129 petitions for nonimmigrant workers and Form I-140 immigrant visa petitions in phases over the next month. USCIS had suspended premium processing on March 20, 2020, partially in response to the COVID-19 pandemic.

To read the full text of this Duane Morris Alert, please visit the firm website.

Resumption of In-Person Operations for USCIS in June

U.S. Citizenship and Immigration Services (USCIS) plans to reopen its offices on or after June 4, 2020.  The USCIS temporarily suspended its in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus .  USCIS field offices will send notices by mail to applicants and petitioners with rescheduled appointments and naturalization ceremonies impacted by the temporary closure.

To read the full text of this post by Duane Morris attorney Teodora Purcell, please visit the Duane Morris Immigration Law Blog.

Eligibility to Enter Vietnam During COVID-19 Emergency

Currently the Government of Vietnam still maintains suspension of entry for expats, including people with a Vietnamese visa exemption certificate.  A potential date to allow foreigners to enter Vietnam again has not been formally announced by the Government yet, though further information is expected imminently.

To read the full text of this post by Duane Morris partner Giles Cooper,  please visit the Duane Morris Vietnam Blog.