New DHS and DOL regulations will change the requirements for H-1B eligibility and result in increased prevailing wage requirements for H-1B, H-1B1, E-3, and green card sponsorship.
On October 2, 2020, the new filing fee schedule for USCIS will go into effect, which will increase most but not all filing fees.
On June 18, 2020, the U.S. Supreme Court issued a major victory for “Dreamers” and supporters of the Deferred Action for Childhood Arrivals (DACA) program, finding the Trump administration’s decision to terminate DACA was arbitrary and capricious in violation of the Administrative Procedure Act (APA). The decision effectively allows DACA recipients to remain safe from deportation, albeit perhaps temporarily, as the Trump administration and the Department of Homeland Security (DHS) review options regarding the future of the DACA program.
When considering layoffs and furloughs, employers should keep in mind the obligation to pay H-1B employees until employment is terminated.
USCIS’ suspension of Premium Processing of certain immigration petitions will most significantly impact H-1B workers changing employers.