Employment-Based Immigration Updates: The October Visa Bulletin and Public Charge Rule

On September 24, 2020, the U.S. Department of State (DOS) issued the highly anticipated October Visa Bulletin. October 1, 2020, marks the beginning of the U.S. government’s new fiscal year. Each year, there is a fixed number of immigrant visas available for employment-based and family-based categories. When the new fiscal year starts on October 1, a new supply of immigrant visas becomes available. Any unused family-based numbers from the prior fiscal year can be added to the employment-based visa allocations (and vice versa). This past year, family-based numbers were exceptionally low. The pandemic constrained consular operations and Presidential Proclamation 10014 suspended the issuance of immigrant visas, with limited exceptions. The DOS announced that it anticipates the FY 2021 employment-based visa numbers will hit an all-time high of 261,500.

For the full alert, visit the Faegre Drinker website.

New Executive Order Temporarily Suspends Entry of Certain Immigrants

On April 22, 2020, President Trump signed an Executive Order (“Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”) temporarily suspending the entry of certain immigrants due to the economic impact of the COVID-19 pandemic. The Executive Order, effective April 23, 2020, is valid for an initial 60-day period and may be extended or modified within this period.

For the full alert, visit the Faegre Drinker website.

Business Immigration and Coronavirus: Latest Announcements from USCIS and DOL

U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE) and the Department of Labor (DOL) sent a flurry of operational updates late last week. These updates include a suspension of premium processing for FY2021 H-1B cap petitions, which was quickly followed by a suspension of premium processing for Form I-129 nonimmigrant visa petitions (H-1B, L-1, TN, O-1 and more work visas) and I-140 immigrant visa petitions. USCIS also sent an announcement relaxing certain “wet” original signatures on forms and an update relaxing some I-9 requirements.

For the full alert, visit the Faegre Drinker website.