OMB Releases Spring Unified Regulatory Agenda; Provides Update on EB-5 and Other Pending Regulations

Today, the Office of Management and Budget (OMB) released the bi-annual Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions.

As set forth in a Federal Register notice and using the Department of Homeland Security as an example, the Unified Agenda is explained as follows:

This regulatory agenda is a semiannual summary of projected regulations, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. This agenda provides the public with information about DHS’s regulatory and deregulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department’s regulatory and deregulatory activity. DHS invites the public to submit comments on any aspect of this agenda.

As such, these agency submissions are snapshots in time and estimates of pending timelines by the agency, which can change based on many factors.

Staying with the Department of Homeland Security/USCIS for example purposes, a few rules in final rule stage include, among others:

Find past reporting on the OMB Unified Agenda Here

Please check back as we post additional information on the Spring Unified Agenda and other matters as events and new information warrants.

USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap Subject Petitions

By Dillon Colucci on May 20, 2019 Posted in H-1B, H-1B Cap, H-1B Premium Processing

On May 17, USCIS announced completion of data entry for all fiscal year 2020 H-1B cap-subject petitions selected in its computer-generated random selection process. USCIS will now begin returning petitions that were not selected. USCIS will issue another announcement once it has finished returning all petitions that were not selected. As has been the case in the past, due to the high volume of petitions received, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition.

As also has happened in the past, USCIS may transfer some Form I-129 H-1B cap subject petitions between the Vermont Service Center and the California Service Center to balance the distribution of cap cases. If a case is transferred, the employer should receive notification in the mail and should direct all future correspondence to the center processing the petition.

Because premium processing for 2020 H-1B cap subject petitions was available for certain petitions, USCIS will begin issuing decisions or requests for evidence on those petitions filed via premium processing. Hopefully, this will alleviate the processing time delays that plagued last year’s H-1B cap subject adjudications, some of which were not adjudicated until around Spring 2019. Anyone who has not filed a request for premium processing of their H-1B cap subject petition may now file such request.

For more on H-1B petitions, click here.

President Unveils New Immigration Reform Plan

By Robert Y. Maples˘ on May 16, 2019 Posted in President Trump's Administration, Visas

Today, President Trump hosted a Rose Garden event unveiling his new immigration plan. The theme of the address, “Modernizing Our Immigration System for a Stronger America,” focuses on border security and modernizing the employment-based immigration systems to be more merit-based, according to the president.

A new initiative called the “Build America Visa” would replace certain employment-based visas with a “merit-based visa to attract the best and the brightest.” The president explained the Build America Visa as follows:

Like Canada and so many other modern countries, we create an easy-to-navigate points-based selection system. You will get more points for being a younger worker, meaning you will contribute more to our social safety net. You will get more points for having a valuable skill, an offer of employment, an advanced education, or a plan to create jobs.

We lose people that want to start companies, and, in many cases, they’re forced to leave our country; go back, usually, to the country where they came from; and they’ll startup companies, and some of those companies are among the biggest and most successful companies today in the world. They could’ve started them right here in the United States, where they wanted to do it in the first place. Now they’ll have a chance. (Applause.)

Priority will also be given to higher-wage workers, ensuring we never undercut American labor. To protect benefits for American citizens, immigrants must be financially self-sufficient.

Finally, to promote integration, assimilation, and national unity, future immigrants will be required to learn English and to pass a civics exam prior to admission. (Applause.)

The president’s remarks can be found here.

Please check back as we will update this matter and others as information becomes available.

For more on President Trump’s Administration, click here.

Visa Bulletin – June 2019

By Caterina Cappellari on May 16, 2019 Posted in China, EB-1, EB-2, EB-3, India, Visa Bulletin, Visas

The U.S. State Department has just released the June 2019 Visa Bulletin, and the headline is the significant retrogression in EB-1 India, where the Final Action Date goes back to January 2015. There is slow forward movement in almost all employment-based categories; EB-1 China remains unchanged and EB-3 India remains more advanced than EB-2 India.

For more visa bulletins, click here.

Continuation of TPS for Nepal and Honduras

By Caterina Cappellari on May 13, 2019 Posted in honduras, nepal, Temporary Protected Status, TPS

On May 10, USCIS published notice in the Federal Register that DHS will not implement or enforce the decision to terminate Temporary Protected Status (TPS) for Honduras or Nepal pending the resolution of the Ramos v. Nielsen appeal (9th Circuit, filed Oct. 12, 2018), or by other order of the court. Beneficiaries under the TPS designations for Nepal and Honduras will retain their TPS, provided that an individual’s TPS status is not withdrawn because of ineligibility. (84 FR 20647, 5/10/19). The notice further announces that DHS is extending the validity of TPS-related documentation for Nepalese TPS beneficiaries through March 24, 2020. The TPS designation for Honduras remains in effect through Jan. 1, 2020. In the event the preliminary injunction in Ramos v. Nielsen is reversed and that reversal becomes final, DHS will allow for a transition period for TPS beneficiaries.

For more on temporary protected status, click here.

Final Rule Released to Provide 30,000 Additional H-2B Visas This Fiscal Year

By Robert Y. Maples˘ on May 8, 2019 Posted in Department of Homeland Security, Department of Labor Immigration Compliance, H-2B

Today, May 8, 2019, after much anticipation, the Departments of Homeland Security and Labor posted a joint rule in the Federal Register providing 30.000 additional seasonal workers for American businesses.

Based on interest, we also provide a link to the Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers released to facilitate the process.

Please consult your GT attorney for additional information and check back here for updates.

For more on H-2B visas, click here.

˘ Not admitted to the practice of law.

Federal Agencies Release Prepublication Joint Rule for Additional H-2B Visas

By Robert Y. Maples˘ on May 6, 2019 Posted in Department of Homeland Security, Department of Labor, H-2B, Visas

On May 6, the U.S. Departments of Homeland Security and Labor issued a prepublication of the joint temporary rule setting forth the process for accessing 30,000 additional H-2B visas. It is expected that on formal publication of the rule in the Federal Register May 8, eligible U.S. employers documenting returning worker status (over the last three fiscal years) and irreparable harm standards can start the application process for designated and qualified additional workers.

Please refer to the temporary rule for additional details, or contact your GT attorney. Return to the Inside Immigration blog for additional information on this and other subjects.

For more on H-2B visas, click here.

˘ Not admitted to the practice of law.

OMB Completes H-2B Numerical Increase Rule Review

By Robert Y. Maples˘ on May 1, 2019 Posted in Department of Homeland Security, H-2B, Immigrant Visa

On April 30, the Office of Management and Budget (OMB) announced the completion of its review of the regulation providing additional H-2B for fiscal year 2019-

Agency: DHS-USCIS

RIN: 1615-AC38

Status: Concluded

Title: Exercise of Time-Limited Authority to Increase the Fiscal Year 2019 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program

Stage: Final Rule

Economically Significant: No

Received Date: 04/22/2019

Legal Deadline: None

** COMPLETED: 04/30/2019

Completed Action: Consistent with Change

OMB approval of the final rule allows DHS to move forward with publication of a final rule and expected release of the additional H-2B visas in the near future.

Please check back as this matter and others are updated when information becomes available.

For more on H-2B visas, click here.

˘ Not admitted to the practice of law.

Greenberg Traurig’s Kristen Burke and Sarah Amendola’s Article on Immigration Enforcement Published in Texas Lawyer

By Greenberg Traurig on April 30, 2019 Posted in Department of Homeland Security, I-9 Audit, Immigration and Customs Enforcement (ICE), Immigration Law

Of counsel Kristen Burke and Associate Sarah Amendola, attorneys in Greenberg Traurig’s Immigration and Compliance Practice, wrote an article published in Texas Lawyer titled “The Era of Tougher Immigration Enforcement.” The commentary addresses DHS’s Immigration and Customs Enforcement, which has escalated its efforts to oversee and enforce I-9 compliance, both in terms of conducting audits and worksite raids. The authors believe it is more important now than ever that employers understand and properly implement processes in line with the relevant immigration compliance requirements to minimize the risk of six-figure fines and other penal actions, including criminal prosecution and debarment from federal contracts. In addition to audits and raids, they outline suggested best practices.

To read the full article, please click here.

Greenberg Traurig Attorney Courtney Noce is Quoted in Law360*

By Greenberg Traurig on April 29, 2019 Posted in E-2 treaty investor, Israel, USCIS

Courtney Noce, shareholder of Greenberg Traurig’s Immigration and Compliance Practice, was recently quoted in an April 24 Law360 article titled “New Israeli Visa to Woo Tech Startups.” The article discusses the E-2 investor visa program opening up to Israeli startups. To read the full article, please click here.

*Access to this article requires a Law360 subscription.