Links to summaries and key takeaways from public stakeholder meetings conducted by the Department of Labor Office of Foreign Labor Certification (OFLC), prepared by the NAFSA ISSRP EB subcommittee.
A revision to USCIS Policy Manual 2 USCIS-PM A.4.B. restores a certain amount of deference to employment-based petition extension adjudications, and requires adjudicators to "obtain supervisory approval before deviating from a prior approval in their final decision." USCIS Policy Alert PA-2021-05
On January 15, 2021, DHS/USCIS released an advance copy of a final rule titled Strengthening the H-1B Nonimmigrant Visa Classification Program, which was the Trump administration's response to a federal court having set aside the October 8, 2020 interim final rule of the same title (See court's
The final quarter of 2020 and the first quarter of 2021 saw a number of rule making initiatives by the Department of Homeland Security (DHS) and Department of Labor (DOL), related to the H-1B specialty occupation category and to a certain extent the PERM labor certification process. This page
On December 1, 2020, the October 8, 2020 DOL interim final rule was set aside by a U.S. District Court, and is no longer in effect. Related recent updates On January 14, 2021, DOL published a final rule titled Strengthening Wage Protections for the Temporary and Permanent Employment of Certain
On July 20, 2020, the Department of Labor Office of Foreign Labor Certification (OFLC) posted a news item regarding public comment on proposed changes to the ETA 9089 permanent labor certification (PERM) form. Comments are due by September 18, 2020. Read NAFSA's comment letter (September 10, 2020)
Proclamation 10052 of June 22, 2020, Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak Updates: This proclamation expired on March 31, 2021. As of April 1, 2021, President Biden had not renewed or replaced it. DOS confirmed this in
In a June 17, 2020 policy memorandum (USCIS PM-602-0114), USCIS rescinded the following policy memoranda and issued updated policy guidance in their place: Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3
On March 25, 2020, the Department of Labor Office of Foreign Labor Certification began sending approved permanent labor certifications by email, in response to the COVID-19 pandemic. On September 25, 2020, OFLC "announced that it is permanently adopting the electronic issuance of PERM labor
NAFSA has assembled these resource links to help you navigate issues arising from the COVID-19 pandemic. COVID-19 is the disease caused by the SARS-CoV-2 coronavirus. The following executive declarations and determinations are currently active: One-Year Presidential Declaration of National Emergency