When Immigration Matters

THE TRUMP PLAN

The Trump administration announced new, long-anticipated restrictions for the H-1B high-skilled visa program on October 6, 2020, some of which will go into effect this week.  The rules are "far and away, one of the most significant reforms made to the H-1B program in the past 20 years," said Deputy Secretary of Labor Patrick Pizzella.  The rule from the Department of Labor, which will go into effect Thursday morning, will change how much employers will be required to pay foreign workers they hire on H-1B visas and Green Cards, forcing them to pay workers more.  The rule may be viewed at https://s.docworkspace.com/d/ANohAcmTk6tJqNS2uqWdFA

Breaking: Tonight,  the District Court for the Northern District of California in Immigration Legal Resource Centre v. Wolf enjoined the USCIS Final Rule increasing fees.  The Final Rule was supposed to go into effect on October 2, 2020 and will not pending the final adjudication of the above referenced case.  A copy of the Order is attached at https://s.docworkspace.com/d/AC_LxhOTk6tJkISSqqWdFA

On July 6, 2020, the U.S. Immigration and Customs Enforcement (ICE)’s Student and Exchange Visitor Program (SEVP) announced that it would no longer provide exemptions for international students taking online classes due to the pandemic during the fall 2020 semester. ICE also issued a Broadcast Message with slightly more detail, and indicated the rule will be published in the Federal Register as a Temporary Final Rule. 

Penn State University’s Immigration Rights Clinic has published this useful Frequently Asked Questions Sheet which may assist Foreign Students in answering common questions arising from this announcement.

Today, Monday July 6, 2020 SEVP (student exchange visitor program) announced its modifying its requirements for foreign F and M students to study in the USA for the fall semester. 

Previously, SEVP instituted a temporary exemption regarding the online study policy for the spring and summer semesters due to Covid-19. This policy permitted F and M students to take more online courses than normally allowed for purposes of maintaining a full course of study to maintain their F-1 and M-1 nonimmigrant status during the COVID-19. 

President Trump finally signed his much anticipated Executive Order today June 22, 2020 essentially suspending Immigration to the USA until the end of the year December 31, 2020.  It goes into effect on June 24, 2020 at 12:01am.  This Executive Order only impacts people located outside the USA who do not already have visas or a travel permit to enter.     

The President’s tweet on April 20, 2020 is now followed by an order.  What does it mean?  Who is affected?  What categories are exempt?  Are non-immigrant visa holders and asylum seekers prohibited from coming to the US? When does it go into effect?