Summer 2020 immigration Law Change News

Thursday 13th August 2020

USCIS PUBLISHES DEFINITIVE RULE THAT INCREASES FEES FOR MANY IMMIGRATION FILES, INCLUDING H-1BS

Last week, the U.S. Citizenship and Immigration Services (USCIS) released a final rule that significantly increased filing fees for certain immigration forms, including H-1B petitions, L-1 applications, and naturalization applications. The increased fees will take effect on October 2, 2020.

The Form I-129 now costs $ 555 for the H-1B petition (currently $ 460), $ 805 for the L-1 petition (currently $ 460), and $ 695 for the TN petition (currently $ 460). The Form N-400 used for naturalization applications is now $ 1,170 (currently $ 640). Form I-765, which is used to submit Employment Authorization Documents (EADs), increases the cost from $ 410 to $ 550. Additionally, the total cost of filing a status change (usually the final step in the permanent residence process) will nearly double to more than $ 2,200.

Finally, the rule changes the time it takes USCIS to respond to a premium processing request. Currently, USCIS must respond to a premium edit request within 15 calendar days. The new rule changes this period to 15 working days.

PUBLIC CHARGE FINAL RULE FOR NOW STOP BY FEDERAL JUDGE

On July 29, 2020, a federal district judge in New York issued a statewide injunction against the implementation of the new USCIS rule on public fees, while a national health emergency was reported in connection with the novel coronavirus (COVID-19) outbreak in 2019. This means that people who are currently applying for a status change will not need to submit Form I-944 and the numerous financial receipts that must be submitted to her. This situation is fluid as several Federal Circuits have weighed the legitimacy of the new definitive rule with varying results. While the current disposition exists, it is not certain how long this will be the case.

TRUMP ISSUES EXECUTIVE ORDER FOR FEDERAL CONTRACT PRACTICE, INCLUDING REVIEW OF THE USE OF CONTRACTORS USING FOREIGN NATIONALS TO EXECUTE THE CONTRACTS

The executive order directs all executive departments and agencies of the federal government to review their contracts and determine whether they or their contractors have used foreign temporary workers to work in the U.S. or overseas workers to complete the work. If so, they should determine whether these hiring and contract decisions had a negative impact on U.S. workers. In addition, the Executive Ordinance directs Labor and Homeland Security Secretaries “to take steps, as appropriate and in accordance with applicable law, to protect workers in the United States from the adverse effects on wages and working conditions caused by the use of an H. -1B visa holders are caused on construction sites, “including ensuring that the hiring complies with existing immigration and labor laws.

Copyright © 2020 Godfrey & Kahn SCNational Law Review, Volume X, Number 226

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