For more information on whether you may qualify to submit an application for permanent residence, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com
DHS Extends Flexibility in Requirements Related to Form I-9 Compliance
The Department of Homeland Security (“DHS”) announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until December 31, 2020.
Pursuant to this extension, companies operating 100% remotely may continue to remotely inspect identity and employment eligibility documents to complete Section 2 of Form I-9.
For more information on whether your company qualifies for the remote inspection flexibility, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com
DHS Proposal Seeks to Revise H-1B Cap Selection Process Based on Wage Level
DHS has proposed a new rule to replace the current random, computerized H-1B lottery with a selection process based on the Department of Labor (“DOL”)’s wage level system.
If the rule is finalized as proposed, USCIS would allocate H-1B visa numbers according to salary levels. Applicants with the highest salaries based on their occupations and geographic areas would have priority for H-1B visas. The DOL also recently published a separate final rule that significantly increased the prevailing wage levels for H-1B workers. This rule took effect on October 8, 2020.
Employers should be aware that DHS currently seeks to have the new system go into effect for the Fiscal Year 2022 cap filing season.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com
PERM & Prevailing Wage Processing Times
As of October 31, 2020, the Department of Labor updated its PERM and Prevailing Wage Determination (PWD) Processing Times as follows:
PERM Applications: The DOL is currently reviewing PERM applications filed May 2020 or earlier. If an application was filed 3 months prior, a status request may be submitted to the DOL.
- Average Days to Process PERM Applications (as of 10/31/2020):
- Adjudication: 164 days
- Audit Review: 308 days
PWD Requests: The DOL is currently reviewing PWD requests filed June 2020 or earlier.
- Average Days to Process PWD Requests (as of 10/31/2020): 119 days
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com
Visa Processing Suspension, Visa Bans, & Travel Restrictions Continue – Exceptions May Apply
Visa Processing:
The Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic. Although the suspension of visa processing continues, U.S. Embassies and Consulates began a phased resumption of routine visas processing on a post-by-post basis. Those U.S. Embassies and Consulates that have not returned to routine visa processing continue to provide emergency and mission-critical visa services.
Visa Ban:
President Trump’s proclamation suspending the issuance of immigrant visas at U.S. Consulates and Embassies for certain preference categories and the issuance of visas for those seeking entry pursuant to an H-1B visa, an H-2B visa, a J visa, and a L visa and their dependents is still in place and set to end on December 31, 2020. Exemptions may apply in the national interest for each nonimmigrant category. Each Embassy or Consulate provides guidance on requesting consideration for a national interest exception.
COVID-19 Travel Restrictions:
Travel restrictions from the Schengen Area, United Kingdom, and Ireland are still in place. Travelers from these areas may qualify for a national interest exception to enter the U.S. These travelers include certain business travelers, investors, treaty traders, academics, students, and journalists. The Department of State also continues to grant national interest exceptions for qualified travelers seeking to enter the United States for purposes related to humanitarian travel, public health response, and national security. Furthermore, U.S. Customs and Border Patrol at certain port of entries (POE) are also accepting requests for the national interest exception. Each U.S. Embassy, Consulate, and POE provides guidance on requesting consideration for a national interest exception.
To determine whether you would qualify for an emergency or mission-critical visa services or national interest exception contact the experience immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com.
DACA UPDATE
Deferred Action for Childhood Arrivals (DACA) is a program that enables certain young people to apply for protection from deportation and an employment authorization document (EAD) to legally work in the U.S.
Current DACA Recipients
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Current DACA Recipients can continue to apply to renew their DACA. It is recommended that you submit your renewal between 150 and 120 days of the expiration date of your current DACA. /
- DACA protections and benefits continue (e.g. deportation protection and work permits)
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Renewal period has been shortened from 2 years to 1 year
New DACA Applicants
- USCIS is rejecting all initial DACA applications.
- Any initial DACA applications and fees that have been submitted will be rejected and returned.
Pending Litigation
- On Saturday, November 14, 2020, the U.S. District Court held that Acting Secretary Wolf "was not lawfully serving as acting secretary of Homeland Security" when he issued a memo limiting the program in July.
- Does this mean that initial DACA applications can be submitted? Not yet, until the Government makes an official announcement either to appeal the Judge’s decision or to reopen the DACA program to receive initial applications.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com
TPS UPDATE
Since taking office, President Trump has ended crucial protections for immigrants from six countries. Over 300,000 people are at risk of losing legal Temporary Protected Status (“TPS”) a humanitarian visa program.
The largest group of TPS recipients is from El Salvador (195,000 people) followed by Honduras (57,000 people) and Haiti (50,000 people).
Pending Litigation
Two lawsuits resulted in preliminary injunctions that blocked the administration from ending the program—one suit filed by TPS holders from El Salvador, Haiti, Nicaragua, and Sudan and a second suit filed by TPS holders from Honduras and Nepal and their U.S. citizen children. To comply with the injunctions, DHS announced it would automatically extend TPS for all six countries through Jan. 4, 2021, pending a decision on the lawsuits.
On September 14, 2020, in Ramos v. Wolf, the U.S. Court of Appeal for the Ninth Circuit ruled that the Trump administration may proceed with its termination of TPS for individuals from the countries of El Salvador, Haiti, Nicaragua, and Sudan. This will put approximately 300,000 TPS visa holders at risk of deportation to countries from which they originally fled violence or natural disaster.
What Does This Mean?
Current TPS Recipients: TPS recipients from El Salvador, Nicaragua, Sudan, Nepal, and Honduras will not immediately lose their authorization to remain in the United States. The TPS terminations for Honduras, Nepal, Nicaragua, and Sudan likely would not go into effect until at least March 2021; and for El Salvador, not until at least November 2021.
Employment authorization: Employment authorization is extended through Jan. 4, 2021.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com
