On January 25th, President Biden expanded restrictions on non-U.S. citizens attempting to enter the U.S. from the following countries:
Wasting no time, White House Chief of Staff Ron Klain issued a memorandum on January 20th that directs, in part, that 1) all rules pending at the Federal Register that have not been published must be immediately withdrawn and 2) agencies must "consider" postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from the memo's date (i.e., postponed until at least March 21, 2021). Here’s what that means for the following rules, which the Trump Administration tried to implement in its waning days:
USCIS announced on Friday that it will temporarily suspend in-person services at all field offices, asylum offices and application support centers on Jan. 19th and 20th to ensure the safety of its employees and individuals with appointments.
USCIS is significantly delayed in issuing receipt notices for some applications filed at USCIS lockbox facilities, and in particular, employment-based I-485 and I-765 applications.
Although USCIS announced a new rule yesterday to change the H1B cap selection process, it is expected that the incoming Biden administration will suspend (i.e., postpone) this rule. The new rule is current scheduled to take effect on March 8th.
Despite low unemployment rate in computer science and engineering occupations, President Trump has chosen to extend Proclamation 10052, which was set to expire on Dec. 31, 2020, through March 31, 2021.
On Tuesday, December 1, 2020, U.S. District Judge Jeffrey White, a George W. Bush appointee, struck down new rules the Trump administration announced in October which significantly increased the required salary for H-1B and PERM (labor certification) cases.
U.S. companies, universities and associations have combined to file two lawsuits against the Trump administration’s new H-1B visa regulations, which was meant to make it virtually impossible for U.S. employers to hire high-skilled foreign nationals or sponsor them for permanent residency.
Changes from USCIS continue at a rapid pace and without adequate warning. Today, USCIS announced that the increase in premium processing fee (as required by the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. No. 116-159) signed into law on Oct. 1st will take effect on Oct. 19th.