USCIS IS REOPENING OFFICES ON JUNE 4th
U.S. GOV’T SUPPORTS H-4 EAD PROGRAM IN COURT
NEW USCIS ACTION EXPECTED IN 90-DAYS AS A RESULT OF THE ITServe Alliance,
BI-PARTISAN BILL INTRODUCED TO RECONFIGURE H-1B AND L-1 VISAS
The major news in immigration that has been expected but has not materialized
is President Trump’s decision on putting a moratorium on H-1B and
L-1 visas. An announcement was expected by May 22, 2020 but that deadline
has now passed. However, there has been enormous pressure on the administration
to curtail immigration to the U.S. and an announcement may be made any
day now. It is speculated that the F-1 OPT Program is also in the cross-hairs
of the USCIS to rescind 2018 Contract and Itinerary Memorandum (PM-602-0157)
in its entirety within ninety (90) days.
The following are some other noteworthy developments:
- USCIS has stated in a news release that it will re-open its offices on
June 4, 2020. It states in the new release that it will be opening while
maintaining social distance, which may in turn lead to longer wait times.
- In Court Action on the H-4 EAD program, the U.S. Department of Homeland
has asked the court to not revoke the rule. However, this does not mean
that DHS review of this rule has been completed and a recission may still
be on the cards. The D.C. Federal Court may also rule against this program.
- The USCIS, in a legal settlement, has agreed to rescind the 2018 Contract
and Itinerary Memorandum (PM-602-0157) in its entirety within ninety (90)
days. This Memorandum codified the requirement for sponsors of H-1B visas
(placed at third party sites) to provide an Itinerary of Services for
the duration of the requested validity period. However, the USCIS may
now issue new guidance on this matter which may have a more adverse effect
on H-1B visas as the current leadership at DHS has made its hostility
to the H-1B program manifestly clear.
- Senator Charles Grassley (R-IA) has re-introduced H-1B and L-1 reform
legislation, this time with bipartisan support, including from Silicon
Valley Indian American Democratic Congressman Ro Khanna. The legislation
seeks to prioritize H-1B visas for those who attend U.S. Universities.
An onerous provision in the legislation seeks to ban companies with 50+
employees and 50% or more of whom are on H-1B or L-1 visas from filing
for any additional visas. The legislation is not expected to go anywhere
this term but is an indication of the b-partisan mindset on this program.
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