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The USCIS has announced it has begun investigations into what it terms “extensive fraud” during the FY2023 and FY2024 H-1B Registration processes (in March 2022, and March 2023, respectively).

U.S. employers wishing to sponsor a foreign national for H-1B status are required to submit a registration request on behalf of that person. If the request is selected, the employer can then submit an actual H-1B application for adjudication.…

Continue Reading USCIS Investigating Extensive Fraud in FY2024 H-1B Registration Process

In a move that will certainly elicit strong reactions from U.S. employers of foreign nationals, the Department of Homeland Security (“DHS”) is seeking up to 204% increases in filing fees for employment- and investment-based immigration applications to pay for processing asylum and refugee petitions.

These fee hikes will add to the already significant costs of petitioning to employ foreign nationals in the United States.…

Continue Reading Proposed Immigration Filing Fee Increases to Fund Asylum Claim Processing

Following up on Dykema’s alert from June 18, 2020, President Trump signed a Proclamation that extends his April 22, 2020, 60-day ban on immigrant workers entering the United States until December 31, 2020. In addition, it also added those with H-1B, H-2B, L-1 and J-1 visas and any foreign national accompanying them to this ban. The Proclamation states this was done to address, in part, high unemployment levels due to the coronavirus pandemic.
Continue Reading Presidential Proclamation Extends Ban on Entry of Immigrants; Adds H-1B, L-1 and J-1 Visa Holders

The USCIS on Friday, May 15, sent a request to Congress for $1.2 billion in emergency funding, proposing to pay it back with a 10% surcharge on application filing fees. The immigration service is entirely funded by these filing fees and has seen a significant drop in applications due to the coronavirus pandemic. It said in the statement it expects a 61% drop in revenue through the end of the fiscal year.
Continue Reading USCIS Proposes 10% Surcharge on Filing Fees

Dykema would like to remind U.S. employers that they must use the October 21, 2019, version of the I-9 Employment Eligibility Verification form beginning May 1, 2020. Since January 31, 2020, employers were allowed to use either the July 17, 2017, or October 21, 2019, version of the form. These dates are indicated in mm/dd/yy format in its bottom left corner. The Form I-9 is used to confirm the identity and employment authorization of people hired as employees by U.S. employers.
Continue Reading New Version of I-9 Required as of May 1, 2020

After stating he planned on issuing an Executive Order earlier this week, President Trump yesterday issued a proclamation barring intending immigrants from the United States for 60 days beginning at 11:50 p.m. on April 23, 2020. It states it is intended to help U.S. workers facing high levels of unemployment due to the Coronavirus.
Continue Reading President Trump Issues Proclamation Barring Intending Immigrants From U.S. for 60 Days

The USCIS has announced it will extend its suspension of in-person services at its field offices, asylum offices, and application support centers (ASCs) until May 4, 2020. It has also indicated it may extend these closures beyond that date if needed. USCIS will continue to provide limited emergency services during these closures.
Continue Reading USCIS Extends Office Closures Until May 4, 2020

In response to the coronavirus disease pandemic, the USCIS today announced it will exercise some flexibility regarding responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
Continue Reading Coronavirus and Immigration: USCIS Announces Flexibility Regarding Responses to Requests for Evidence and Notices of Intent to Deny

Federal authorities have recently issued a large number of new policies, guidance, etc., in response to the coronavirus pandemic. These include the following:

  • Flexibility in Submitting Required Signatures on Applications
  • The USCIS has announced it will accept application forms with reproduced original signatures.
  • It already accepts certain petition forms electronically for processing and this new announcement will now also accept those that have previously required original / “wet ink” signatures.
  • Petitioners must retain the documents containing the original / “wet ink” signatures because the USCIS can still request these at any time.
  • USCIS Offices Closed from March 18—April 1
  • The USCIS has halted all in-person services at its field offices, asylum offices and Application Support Centers (ASCs) until April 1, 2020.
  • It will send notices to those with scheduled appointments affected by the closures and issue new notices when matters are rescheduled.

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Continue Reading COVID-19 Immigration Updates