Dec 3, 2020
by Kristine Nazir On December 1, 2020, a federal judge struck down the policies proposed by the Department of Labor and Department of Homeland Security regarding H-1B visa holders, finding the policies were created in violation of the Administrative Procedure Act (“APA”). The first policy, unveiled by the Department of Labor on October 6, 2020, proposed to increase wages for foreign workers based on surveys of salaries in each profession. The second policy, published by the Department of Homeland Security
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Oct 7, 2020
After being passed by Congress and signed by the President in the wee hours of October 1, 2020, a new law will make USCIS’s Premium Processing service more widely available, potentially benefiting employers and individuals who have previously been subject to long and unpredictable processing times for USCIS benefits. Premium Processing services allow a petitioner to pay an additional fee and receive faster processing of the petition within a guaranteed timeframe. Under the new law, USCIS will make Premium Processing
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Sep 9, 2020
The Department of Homeland Security has submitted a new H-1B visa regulation to the Office of Management and Budget (OMB) for final review. Though the contents of the regulation will remain confidential until released for publication, the proposed rule is expected to provide a more restrictive definition of a “specialty occupation” for H-1B visa holders and make it more difficult for H-1B professionals to work at third-party customer locations. Once OMB reviews and approves the proposed regulation, we anticipate that
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Aug 21, 2020
On March 19, 2020, the Department of Homeland Security (DHS) announced its deferment of the in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification, due to precautions associated with COVID-19. On August 19, 2020, DHS announced its extension of this policy for an additional 30 days, through September 19, 2020. Please note, this policy only applies to employers and workplaces that are operating remotely. Employees physically present at a work location are not exempt from
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Aug 18, 2020
On August 12, 2020, the State Department issued new guidance that expanded the ways foreign nationals and their employers could overcome Presidential Proclamation 10052 and its suspension of entry of foreign nationals on H-1B, L-1 and certain other temporary visas until at least December 31, 2020. The guidance broadened the “national interest exceptions” to the June 22nd proclamation. Overall, the guidance provided an exception for health-care professionals working to alleviate the effects of COVID-19; travel supported by a request from
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Jul 23, 2020
by Jim Layton Governor Parson has completed action on bills passed by the 2020 Missouri General Assembly. Many of the bills the governor signed may affect Tueth Keeney clients. Among the significant provisions of those bills, most of which become effective August 28:
- The tort reform bill changes the law regarding punitive damages. It imposes new procedural requirements and a higher burden of proof, bars juries from basing punitive damage awards on harm to persons other than plaintiffs in
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Jun 24, 2020
As anticipated, on Monday, June 22, 2020, President Trump issued a Presidential Proclamation (also referred to as Executive Order) that temporarily suspends entry into the United States of certain foreign nationals seeking to enter in the following visa categories: H-1B (specialty occupation workers), H-2B (seasonal non-agricultural workers), L-1 (intracompany transferees) and certain J-1 visa holders (intern, trainee, teacher, camp counselor, au pair, or certain summer work travel program workers). This temporary suspension on entry also applies to the dependents of
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Jun 19, 2020
by Kristine Nazir On June 18, 2020, the Supreme Court ruled that the Trump administration’s termination of the program known as Deferred Action for Childhood Arrivals, or DACA, was “arbitrary and capricious,” in violation of federal law that governs administrative procedure. The ruling will protect hundreds of thousands of young immigrants, an estimated 700,000 recipients, who have been shielded from deportation and allowed to receive work permits under the program. The government agency responsible for processing DACA applications, U.S. Citizenship
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Jun 9, 2020
by Kristine Nazir The Proclamation bans Chinese nationals in F or J status in graduate-level programs who are or have been associated with Chinese entities involved with China’s “military-civil fusion strategy” from applying for visas or seeking entry into the U.S. The “military-civil fusion strategy” is defined as “actions by or at the behest of China to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance China’s military capabilities.” The Proclamation took effect on
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May 28, 2020
Beginning June 4, 2020, certain USCIS field offices and application support centers will resume non-emergency face-to-face services to the public. USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure.
Kristine Nazir represents corporations and institutions of higher education with their immigration needs, including obtaining temporary and permanent visas, handling employer sanctions issues, I-9 and E-Verify employment eligibility verification compliance, consular processing, and naturalization. Prior
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Diane E. Metzger
Melanie Gurley Keeney
Laura E. Hemmer
James R. Layton