International Faculty, Staff, Researchers

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

On D ecember 1, 2020, the October 8, 2020 DOL interim final rule was set aside by a U.S. District Court, and is no longer in effect.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In a June 17, 2020 policy memorandum ( USCIS PM-602-0114), USCIS rescinded the following policy memoranda and issued updated policy guidance in their place: Determining Employer-Employee Relationship for Adjudication of H-1B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

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

Top Takeaways from the Department of Labor Stakeholder Meeting on November 5, 2019 OFLC is aware of the various issues that employers, and especially institutions of higher education, have encountered in using the new FLAG system when filing LCAs, including the incorrect wage data for several SOC