Michael H. Neifach

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The “Strengthening the H-1B Nonimmigrant Visa Classification Program” rule has been submitted to the Office of Information and Regulatory Affairs (OIRA) for review and could be published by the end of the year – or earlier. Although the text of the rule is still not public, it is generally believed that the proposal will formalize…

Acting quickly, as he promised, Judge Ahmit P. Mehta in Gomez v. Trump, recognized the particular urgency of the Diversity Visa plaintiffs’ situation and granted them injunctive relief.  Judge Mehta ordered the Department of State (DOS) to make good faith efforts to “expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications” and…

USCIS is in the process of entering a Consent Order to produce, on a specific schedule, Employment Authorization Document (EAD) cards for those 75,000 foreign nationals who have approved employment authorization applications but have been waiting for inordinate amounts of time for the cards themselves.  Without the cards, these foreign nationals have not been able…

ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 30 days, until September 19, 2020, due to continued precautions related to the COVID-19 pandemic.

Pursuant to the original guidelines for virtual verification, eligible employers may continue to inspect Section 2 documents without an actual in-person…

Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas.

Without Congressional oversight or legislative changes, the Trump Administration has changed the policies for H-1Bs, resulting in the highest denial rate in history of this legal immigration program. During the ongoing COVID-19 pandemic national emergency,…

In response to the June 2020 U.S. Supreme Court decision that the DACA program had not been properly terminated by the Trump Administration, President Donald Trump has announced he will be instituting a comprehensive review of the program. During that review, current DACA beneficiaries will be able to renew their statuses for one year, he…

In a surprise announcement, District Judge Allison D. Burroughs, U.S. District Court for the District of Massachusetts, announced a reversal of the government decision that was announced just last week regarding students in F-1 or M-1 nonimmigrant status. Foreign students will now be able to enter the United States and remain even if they are…

The Department of Homeland Security’s COVID-19 flexibility regarding the physical presence requirements for I-9 inspection ends on July 19, 2020, for companies that are still operating 100-percent remotely. Unless further extended, the three-day rule to review the original documents in person will kick in on that date. But that three-day clock may start ticking

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