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In immigration news this week:
These items and other news from Colombia, the European Union, the United Kingdom, and the United States follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
United States, June 18, 2020
Supreme Court Allows DACA to Remain in Place for Now
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United States, June 16, 2020
July Visa Bulletin Update: USCIS to Honor Final Action Dates for Employment-Based Categories Next Month
USCIS will accept employment-based adjustment applications in July from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department's July Visa Bulletin.
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United States, June 16, 2020
U.S.-Canada and U.S.-Mexico Land Border Restrictions Extended Again Through July 21
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United States, June 16, 2020
DOL to Continue to Issue Electronic PERM Labor Certifications Through September 30
PERM labor certifications will continue to be issued via e-mail through September 30 due to the ongoing COVID-19 national emergency, according to a DOL announcement issued today.
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United States, June 16, 2020
July 2020 Visa Bulletin: Modest Advancement for Most Employment-based Categories, Significant EB-1 India Movement, EB-5 India to Become Current
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United States, June 16, 2020
ICE Further Extends Interim COVID-19 Procedures for Form I-9 Compliance Through July 19
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United States, June 15, 2020
Reminder: FY 2021 H-1B Cap Filing Period Closes June 30
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Other Weekly News Briefs
Colombia: Technical Issues with Online Visa Application System Resolved – The technical issues reported last week that prevented foreign nationals from filing initial or renewal visa applications have been resolved. Applicants can again submit their visa applications online to the Ministry of Foreign Affairs. Processing generally takes five to eight days. As a reminder, the Ministry is currently accepting and processing visa applications only from foreign nationals who are in Colombia in a valid status in order to mitigate the spread of COVID-19 in the country.
United Kingdom/European Union: Brexit Transition Period Unlikely to be Extended – In meetings between the UK and EU governments last week, the United Kingdom reiterated that it would neither request nor accept any extension to the Brexit transition period, due to end December 31, 2020. Under the Withdrawal Agreement, the formal deadline for requesting such an extension is July 1, 2020, and since there are no more EU-UK meetings scheduled in June, it is likely that there will not be an extension of the period at all. Without an extension, trade relations between the European Union and United Kingdom would need to be agreed upon by October 2020 so that agreements can be ratified before the end of the Brexit transition period. Failure to reach a substantive agreement on the future relationship would not affect the enforceability of the Withdrawal Agreement which has already been ratified by both parties, and includes a deal on citizen’s rights (rights of residence and family reunion for EU and UK citizens who have established residence prior to December 31, 2020). For more information, see Fragomen's dedicated Brexit website.
United States: USCIS Changing Some H-1B Policies – U.S. Citizenship and Immigration Services (USCIS) has issued a new policy memorandum, rescinding two H-1B memoranda from 2010 and 2018 and replacing them with new guidance on H-1B adjudications. The rescission of the 2018 memorandum on contracts and itineraries in H-1B adjudications follows a May 2020 litigation settlement between USCIS and Plaintiffs in ITServe Alliance v. Cissna, in which USCIS was required to rescind the memorandum within 90 days. The memorandum had markedly increased the evidentiary requirement for third-party entity cases, and resulted in an increase in denials and requests for evidence.
The rescinded 2010 memorandum addressed the H-1B employer-employee relationship and the requirement that the petitioning employer control an employee that may be working offsite. Though the new guidance establishes a seemingly less stringent standard than the 2010 memorandum, USCIS has long stated it plans to revise the regulatory definition of “employer-employee relationship,” as well as “specialty occupation” and “employment” in the H-1B context.
Other issues addressed in the new guidance include: confirmation that an employer is not required to submit evidence of day-to-day assignments for an H-1B position in order to establish it as a specialty occupation; confirmation that benching of any sort is not permitted; and a requirement that if USCIS issues an H-1B approval with a shorter validity period than was requested by the employer, the agency must provide a brief explanation as to why validity has been limited.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.