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The USCIS has announced today that the fees for filing most of its petitions and applications will change effective October 2, 2020. The good news is that some of the fees, such as for biometrics, have been reduced by up to 65%. Although the biometric fee for DACA applicants remains unchanged at $85.00, the silver lining is that the DACA program has not been cancelled despite Trump's promises to defy the U.S. Supreme Court's recent rejection of his executive actions to kill it. The bad news is that some of the fees have exponentially increased by up to 545%, with U-1 nonimmigrant family members and Applicants seeking suspension of deportation being hit the hardest.

A chart summarizing a...

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The White House announced today that the United States will take steps to wind down legal protections for hundreds of thousands of immigrants brought into the country as children, often called “Dreamers,” while it conducts a legal review after the Supreme Court rejected President Donald Trump's plan to end the Deferred Action for Childhood Arrivals program, better known as DACA.

The DACA program was created in 2012 by then-President Barack Obama as a stopgap measure to shield from deportation people who were brought into the United States as children and did not have citizenship or legal residency status. The protection lasts for two years at a time and can be renewed. DACA do...

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The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish the procedures and responsibilities in the Federal Register as a Temporary Final Rule.

Temporary exemptions for the fall 2020 semester include:

1. Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor ...

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Like millions of American workers, an Indian software engineer, a British market researcher and an Iranian architect lost their jobs amid the coronavirus pandemic. Unlike Americans, they are not entitled to unemployment benefits, despite paying taxes, because they are on foreign work visas. And, if they fail to find similar jobs soon, they must leave the country.

Rejish Ravindran analyzed data for a national footwear retailer, helping make sales projections and investment decisions. After hiring him on an H-1B skilled-worker visa nearly two years ago, the company recently sponsored his application for legal permanent residency, a process that takes several years to complete.

“It was g...

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On April 22, 2020, President Trump issued a proclamation suspending the entry of any individual seeking to enter the United States as an immigrant who:

• Is outside the United States on the effective date of the proclamation;
• Does not have a valid immigrant visa as of April 23, 2020; and
• Does not have a valid official travel document as of April 23, 2020, or issued on any date thereafter.

The proclamation goes into effect at 11:59 pm (ET) on April 23, 2020, for at least 60 days. It can be extended and modified.

The following categories are EXEMPT from the proclamation:
• Lawful permanent residents (green card holders)
• Individuals, and their spouses and children, see...

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The Families First Coronavirus Response Act (FFCRA or Act) signed into law on March 18, 2020, requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (Department) Wage and Hour Division dministers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date through December 31, 2020.

Generally, the Act provides that employees of covered employers are eligible for:(WHD) a

Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is ...

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The coronavirus emergency relief package, which became law Wednesday, gives many American workers paid leave if they need to take time off work because of the coronavirus.

It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers.

What type of paid leave does the law offer?

It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for the coronavirus, or if they are caring f...

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The U.S. Citizenship and Immigration Services ("USCIS") has announced that it is implementing a new registration process in the next Fiscal Year 2021 H-1B lottery. Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay a $10 H-1B registration fee.The electronic registration process will dramatically streamline processing by reducing paperwork and data exchange, and will provide an overall cost savings to petitioning employers according to the USCIS.

Under this new process, employers seeking H-1B workers subject to the cap, or their authorized representatives, w...

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The U.S. Citizenship and Immigration Services recently expanded its policy guidance last month regarding unlawful acts that may prevent an applicant from meeting the good moral character ("GMC") requirement for naturalization. The commission of, or conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may render an applicant ineligible for naturalization should the act be found to adversely reflect on moral character. Further, a lawful permanent resident who applies for naturalization should note that they are essentially making an application for admission into the U.S., and that a denial of their application could result in deportation proceedin...

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California rings in the New Year and decade with new laws designed to give employees more protections of their rights, and businesses more incentives to leave the state.

1) AB 5: Codifies the ABC Test to determine whether a worker is an Independent Contractor or Employee

In 2018, the California Supreme Court held that the “ABC Test” should be used to determine worker classification status for claims brought by independent contractors seeking protections under the California Wage Orders. Dynamex Operations West, Inc. v. Super. Ct., 4 Cal. 5th 903 (2018). Under the ABC Test, a worker is deemed to be an employee unless the hiring entity proves that: (a) the worker is free from the c...

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