Legal Updates Archive

On December 23, 2020, the U.S. District Court for the Eastern District of California issued an order enjoining DOL from implementing a final rule on AEWR methodology for the temporary employment of H-2A nonimmigrants in non-range occupations.

On December 22, 2020, U.S. Customs and Border Protection issued two notices extending temporary travel restrictions related to the COVID-19 pandemic and applicable to land ports of entry and ferry service between the United States and Canada, and between the United States and Mexico.

The Ninth Circuit ruled that U.S. Citizenship and Immigration Services’ denial of a visa for a computer programmer on the basis that it was not a “specialty occupation” was arbitrary and capricious, and the Circuit remanded the case.

U.S. Citizenship and Immigration Services announced that its lockbox facilities “have received a significant increase in filings in recent weeks.”

The Cato Institute recommended 30 deregulatory actions for the Biden administration to consider, to “lessen the costs of America’s outdated immigration laws.”

As a result of litigation challenging USCIS’s blank-space rejection policy, where the agency rejected applications because of blank spaces, USCIS agreed to pause implementation of the rejection policy starting December 24, 2020.

Following litigation related to Deferred Action for Childhood Arrivals that resulted in a U.S. district court order issued December 4, 2020, U.S. Citizenship and Immigration Services released guidance effective December 7, 2020.

DHS is automatically extending the validity of temporary protected status-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal for nine months from the current expiration date of January 4, 2021, through October 4, 2021.

Late December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021 containing additional COVID-19 relief for taxpayers and a provision that allows employers to amend their health and dependent care flexible spending account plans.

A U.S. district court vacated a memorandum issued by Chad Wolf, which made certain changes to the DACA program, and ordered DHS to reopen the program to new applications.

A U.S. district court vacated two interim final rules promulgated by DOL and DHS that made important changes to the H-1B program.

On December 2, 2020, the U.S. Senate passed its version of H.R. 1044, the "Fairness for High-Skilled Immigrants Act of 2020."

A DOS spokesperson said that no current visas would be revoked as a result of the policy changes.

USCIS announced updated guidance for adjudicating EB-2 and EB-3 Schedule A petitions for registered nurses, physical therapists and immigrants who have exceptional ability.

ABIL released a non-exhaustive list of 12 recommendations to reform business immigration in the early days of the Biden-Harris administration.

On November 23, 2020, President-elect Joe Biden nominated Alejandro Mayorkas to lead DHS.

DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic.

The photo E-Verify transmitted should be identical to the photo that appears on an employee's DHS or DOS-issued document.

The update provides "a non-exhaustive list of positive and negative factors that may be relevant to whether an adjustment of status applicant warrants a favorable exercise of discretion."

In Anunciato v. Trump, more than 245 family, employment and diversity-based visa applicants and their U.S. sponsors sued the U.S. government in federal court.

President-elect Joe Biden has pledged in the first 100 days of his administration to set in motion a number of immigration-related actions.

Nonimmigrant students should continue to abide by SEVP guidance issued in March 2020, a SEVP spokesperson said.

Now that the EEOC has issued guidance on COVID-19 vaccinations, what should employers know about vaccinations and whether to require them?

When faced with a difficult decision on whether to make a payment consider the powerful impact of the voluntary payment doctrine.

In the past few months, the OCC and FDIC have proposed and enacted new rules to address ambiguity surrounding “rent-a-bank” or “rent-a-charter” arrangements.

Many M&A headlines during the pandemic have declared bank M&A dead. While M&A has slowed, deals continue here in the Midwest, particularly among community banks. Further, current conditions will bring new opportunities for both buyers and sellers.

The industry has weathered much in the past. Given current conditions and uncertainties, bank boards and management should hope for a vaccine, a strong economy, and world peace, but prepare in case any of that is not achieved in the near term.

Effective January 2, 2021, the USPTO is changing some of its trademark fees. This article highlights the most notable changes for electronic filings.

The update provides "a non-exhaustive list of positive and negative factors that may be relevant to whether an adjustment of status applicant warrants a favorable exercise of discretion."

The webpage contains the monthly AEWRs for range occupations and the hourly AEWRs for non-range occupations.

The photo E-Verify transmitted should be identical to the photo that appears on an employee's DHS or DOS-issued document.

DHS proposes to "permit collection of biometrics from aliens departing from airports, land ports, seaports, or any other authorized point of departure" and "to amend the regulations to provide that all aliens may be required to be photographed upon entry and/or departure."

DOS released revised guidance implementing a court order in National Association of Manufacturers v. Department of Homeland Security that clarified its earlier order enjoining the government from enforcing a Trump administration ban on H, L and J nonimmigrants.

USCIS updated policy guidance to clarify the circumstances when the agency would find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence.

November 16, 2020, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2021.

DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic.

In October 2020, the Trump administration announced three new regulations that would profoundly change – and broadly restrict – H-1B visas.

The Minnesota Department of Revenue has updated its data center exemption guidance, taking a step in the right direction for purchases of distributed software and required documentation.

As of November 9, 2020, owners of partnerships and S corporations in those states allowing pass-through entities to pay state tax at the entity level can deduct those taxes on their federal returns with the U.S. Department of the Treasury’s blessing.

Even if easement rights are not used for an extended period, it would be a mistake for an owner of property burdened by such an easement to assume the other party’s easement rights have been abandoned.

Designed to prevent ownership of land from being controlled forever (or in perpetuity), the Rule Against Perpetuities provides that a contingent interest must vest within 21 years of a life in being. This definition includes many words that need to be defined for full context.

The Internal Revenue Service has announced the 2021 cost-of-living adjustments (COLAs) for retirement plans. Most limits have remained unchanged.

It is not always clear whether materials such as clay, gravel and sand are subject to mineral reservations – or whether those materials belong to surface owners.

The revocations appear to result from President Trump's proclamation in May 2020 suspending the entry of certain students and researchers from China.

CBP issued notices extending temporary restrictions on travel of individuals from Canada and Mexico into the United States along land ports of entry at the border. Such travel is limited to "essential travel," as defined in the notice, effective through October 21, 2020.

The Department of Labor announced that it is permanently adopting the electronic issuance of PERM labor certifications to employers and their authorized attorneys or agents.

ICE proposes to amend its regulations by changing the admission period of F, J and I individuals from duration of status to admission for a fixed time period.

USCIS issued guidance the same day stating that the Filing Date, rather than the Final Action Date, applies to employment-based I-485 adjustment of status applications.

A U.S. district court judge ruled in Gomez v. Trump that the Department of State intentionally misinterpreted the Trump administration's entry ban by not issuing diversity visas.