Former President Donald Trump on Tuesday announced he will offer Venezuelan exiles protection from deportation, a move he has considered for years but refused to do until his last full day in office.
Trump is using the little-known Deferred Enforced Departure program, or DED, to offer temporary legal status to Venezuelans fleeing the humanitarian crisis brought on by Nicolás Maduro’s regime. DED, similar to Temporary Protected Status or TPS, protects recipients from deportation and allows them to get work permits. However, it is granted directly by the president instead of the Department of Homeland Security.
President-elect Joe Biden’s efforts to reverse President Donald Trump’s immigration executive actions may not be as simple as issuing a contrary edict, as court rulings show that the government should consider both the scope of authority as well as underlying reasons for actions taken.
Rule Expected to Protect the Economic Interests of American Workers
WASHINGTON—U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.
U.S. President Donald Trump on Thursday extended a pair of immigration bans that block many “green card” applicants and temporary foreign workers from entering the country, measures he says are needed to protect U.S. workers amid the pandemic-battered economy.
The 2020 AILA Central Florida Chapter’s Annual Conference was held virtually on December 1st and 2nd, 2020 and was a true virtual learning experience. AILA CFC provided a “Conference in a Box” format with two tracks. The first track covered topics such as analyzing crimes for removal, naturalization and what to do when things go wrong, waivers, lessons in particular social group matter of A-B. Track two covered employment, entrepreneurs/investors, H-1B and PERM, prevailing wages, a practical guide to J-1, PERM from start to finish, alternatives to the PERM, worksite compliance audits and LCA compliance, visa bulletin-priority dates-IVP or AOS, and EB2 to EB3 Downgrades.
Tampa Partner Maria Ramos along with Richard Green gave a presentation entitled “EB-2 & EB-3 India, To Amend or Not to Amend? That is the Question.” To learn more visit AILA CFC’s website found here.
(Reuters) – A lawyer for the Trump administration on Monday told a federal judge in California that the “unprecedented economic emergency” triggered by the COVID-19 pandemic justified the adoption of rules limiting the H-1B visa program without first calling for public input.
At a hearing conducted via Zoom, Alexandra Saslaw of the U.S. Department of Justice told U.S. District Judge Jeffrey White in Oakland that the administration believed the restrictions on foreign labor would make it easier for American workers left unemployed amid the pandemic to find new jobs.
And that provides the “good cause” necessary to circumvent the Administrative Procedure Act’s requirement that agencies solicit and review public comments before adopting final rules, Saslaw said.
Tampa Partner Maria Ramos participated as a discussion leader in this past week’s AILA University. Maria and members of AILA’s Business Immigration Response Team (BIRT) addressed AILA members’ most pressing business immigration questions.
Topics covered include:
What tips can the discussion leaders provide regarding filing EB-2 to EB-3 downgrades?
Please comment on DOL’s new prevailing wages and provide recent experiences/advice using private wage surveys.
How should I respond to a USCIS RFE that requests a Form I-944 that was not legally required at the time the adjustment of status was filed?
An O-1 visa holder stuck in London since the travel restrictions were imposed by PP 9996 has an urgent need to obtain a National Interest Exception. What are the O-1 visa holder’s options?
A new lawsuit and economic research have exposed problems with the Department of Labor’s (DOL) new H-1B wage rule. The lawsuit seeks a preliminary and permanent injunction against the new rule, which analysts have concluded was designed to price out of the U.S. labor market H-1B visa holders and employment-based immigrants by raising the required minimum wage to employ them. The research explains why the rule is likely unlawful, harmful to the U.S. economy and will make it difficult for international students to be employed in the United States after graduation.
“On October 8, 2020, without providing prior notice and without affording plaintiffs or the general public an opportunity to comment, the Department of Labor dramatically altered the manner in which it calculates prevailing wage rates for the H-1B program,” according to a complaint filed on October 16, 2020, by the Wasden Banias law firm on behalf of ITServe Alliance, Dots Technologies, Iflowsoft Solutions, Kolla Soft, NAM Info, Precision Technologies, Smart Works and Zenith Services in the U.S. District Court for the District of New Jersey.
“Plaintiffs bring this civil action challenging the Department of Labor’s decision to set dramatically higher wage rates without following the notice and comment rulemaking procedures required under the Administrative Procedure Act,” reads the complaint. “Plaintiffs also challenge the agency’s new wage rates as a violation of the Immigration and Nationality Act, as amended, because the new wage rates are set under a novel standard that conflicts with the governing statutory criteria. The Department of Labor’s new wage rule is also arbitrary and capricious because the agency relied on outdated, incorrect, or limited empirical data, failed to consider readily available, relevant data and empirical studies, and engaged in reasoning that conflicts with basic economic theory.”
U.S. Citizenship and Immigration Services (USCIS) today announced it will increase fees for premium processing, effective Oct. 19, as required by the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. No. 116-159, signed into law on Oct. 1. The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms, generally within 15 days. The Act included the Emergency Stopgap USCIS Stabilization Act, which requires USCIS to establish and collect additional premium processing fees, and to use those additional funds for expanded purposes.
Any Form I-907 postmarked on or after Oct. 19 must include the new fee amount. If USCIS receives a Form I-907 postmarked on or after Oct. 19 with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx and DHL), the postmark date is the date reflected on the courier receipt.
Pub. L. No. 116-159 also gives USCIS the ability to expand premium processing to additional forms and benefit requests, but USCIS is not yet taking that action. Any expansion of premium processing to other forms will be implemented as provided in the legislation.
WASHINGTON—The Trump administration announced an overhaul of the H-1B visa program for high-skilled foreign workers that will require employers to pay H-1B workers significantly higher wages, narrow the types of degrees that could qualify an applicant and shorten the length of visas for certain contract workers.
The changes, introduced by the Departments of Labor and Homeland Security on Tuesday, will likely make it tougher to qualify for one of the coveted visas.
Ken Cuccinelli, the No. 2 official at DHS, said on a news conference call Tuesday that he expects about one-third of H-1B visa applications would be rejected under the new set of rules.
Mr. Cuccinelli and Patrick Pizzella, the deputy secretary of labor, said the changes were necessary to protect American workers, whom the administration believes are being undercut by foreign workers on H-1B visas who are paid lower wages to perform similar jobs.
“America’s immigration laws should put American workers first,” Mr. Pizzella said, pointing to what he described as insufficiently stringent wage requirements on foreign workers in the H-1B visa program. “The result is U.S. workers are being ousted from good-paying, middle-class jobs and being replaced by foreign workers,” he said.