Kuck Baxter earns a significant victory in its pending H1-B lawsuit!
In 2019, USCIS introduced the E-registration process that required sponsoring employees to file electronically for employees they wanted to sponsor through the H1-B process. The E-registration allows for individuals to have a limitless number of registrations submitted on their behalf by multiple employers. By registering multiple times through different employers, the person increases their odds of being selected to move on to the next step in the registration process that is limited by a numerical cap. The lawsuit alleges that this has led to an “entire industry of so-called H-1B consultancies and phony employers who have exploited the flawed cap registration rules by charging prospective workers to file multiple registrations on their behalf” and refers to several other fraudulent practices that exist because of the way the government is managing the process. The Biden administration moved to dismiss the lawsuit. That motion to dismiss was denied by the U.S. District Judge effectively signaling that the lawsuit is meritorious and is allowed to move forward. Read more here.
Read below for more the other immigration news of the day.
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Our Blogis updated each week with information, breaking news, and answers to questions you need to know!
You can also listen to our Top 50 rated podcast, “The Immigration Hour” podcast, that we post each Wednesday. Download it and listen at your leisure. If you have comments on the podcast or topics you would like us to talk about on The Immigration Hour, let us know!
Here is the Immigration News You NEED to Know Now
UP-TO-DATE IMMIGRATION NEWS
Biden Administration Increases Travel Restrictions in Response to New ‘Omicron’ Coronavirus Variant – In a rapidly developing situation, following new travel bans imposed on several countries, the Biden administration announced additional measures, effective December 6, 2021, including a requirement that inbound international passengers take a COVID-19 viral test within a day of their departure, regardless of their vaccination status, and an extension of a mask requirement on domestic flights and public transportation—including buses, trains, planes, bus terminals, and airports—through March 18, 2021.
Stopgap Funding Bill Averts Government Shutdown, Includes Immigration Provisions– The U.S. Congress passed a bill to extend funding through February 18, 2022, to prevent a federal government shutdown that otherwise would have begun December 4, 2021. The bill includes several immigration measures.
Following Court Order, U.S., Mexico Announce Return to ‘Remain in Mexico’ Policy for Asylum Seekers – After the Biden administration’s suspension and then termination in June 2021 of the Trump-era policy known as “Remain in Mexico” or the “Migrant Protection Protocols,” under which asylum seekers who wish to enter the United States through Mexico await processing there, the policy is being reinstated due to a court ruling.
Labor Dept. Proposes Revising Adverse Effect Wage Rate Methodology for H-2A Non-Range Occupations – The Department of Labor is proposing revisions to the methodology used to determine the AEWRs for non-range agricultural occupations in the H-2A temporary visa program.
For details on these news briefs, click here!
New Publications and Items of Interest
Training on Afghan arrival categories and documentation. The Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) program will present a training on Thursday, December 2, 2021, 1-2 p.m. ET on the immigration documentation that each Afghan arrival category may have and how to use SAVE to verify newly arrived Afghans’ immigration status or parole. Topics will include an overview of Operation Allies Welcome; common Afghan arrival categories and codes; sample documentation; resources; and a question-and-answer session. Registration information “will be forthcoming.”https://www.uscis.gov/save
New E-Verify feature. A new E-Verify feature, myUploads, allows employees to upload required documents in JPEG, PNG, or PDF formats to help resolve Tentative Nonconfirmations (TNCs). Employees can access their my E-Verify accounts by logging into their USCIS online accounts and uploading the requested documents. They can still use fax or mail to submit documents if they prefer. The employer should provide the Further Action Notice (FAN) to the affected employee, discuss the TNC privately with the employee, and allow the employee to decide whether he or she will contest the TNC. The FAN includes the steps for using myUploads to help resolve a DHS TNC. Once uploaded, the employee must call the number on the FAN to resolve the case.https://myeverify.uscis.gov/
New SAVE features. Systematic Alien Verification for Entitlements (SAVE) is enhancing its case search capabilities, including improved usability through a search bar and other features, and a more robust case search engine. SAVE will notify users by email at least three weeks before the go-live date for enhancements.https://save.uscis.gov/web/
- Coronavirus.gov: Primary federal site for general coronavirus information
- USA.gov/coronavirus: Catalog of U.S. government’s response to coronavirus
- CDC.gov/coronavirus: Centers for Disease Control and Prevention information
- American Immigration Lawyers Association: https://www.aila.org/advo-
media/issues/all/covid-19 (links to practice alerts on this site are restricted to members)
- NAFSA: https://www.nafsa.org/
Immigration Agency Information
Department of Homeland Security:DHS.gov/coronavirus
03/17/fact-sheet-dhs-notice- arrival-restrictions-china- iran-and-certain-countries- europe
- Overview and FAQs: https://www.ice.gov/
- Requirements for ICE Detention Facilities: https://www.ice.gov/doclib/
- Updates and Announcements:https://www.cbp.gov/newsroom/
- Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/
Department of Labor:
- Office of Foreign Labor Certification:
- OFLC Announcements (COVID-19 announcements included here): https://www.foreignlaborcert.
- COVID-19 FAQs:
- § Round 1 (Mar. 20, 2020): https://www.foreignlaborcert.
- § Round 2 (Apr. 1, 2020): https://www.foreignlaborcert.
- § Round 3 (Apr. 9, 2020): https://www.foreignlaborcert.
- Travel advisories: https://travel.state.gov/
content/travel/en/ traveladvisories/ea/covid-19- information.html
- Country-specific information: https://travel.state.gov/
content/travel/en/ traveladvisories/COVID-19- Country-Specific-Information. html
- J-1 exchange visitor information: https://j1visa.state.gov/
- Executive Office for Immigration Review: https://www.justice.gov/eoir/
Agency Twitter Accounts
- EOIR: @DOJ_EOIR
- ICE: @ICEgov
- Study in the States: @StudyinStates
- USCIS: @USCIS
Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/
E-Verify webinar schedule. E-Verify has released its calendar of webinars at https://www.e-verify.gov/
For Details on these and other topics, click www.immigration.net!
Government Agency Links
Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:
USCIS Service Center processing times online: https://egov.uscis.gov/
Department of State Visa Bulletin:
Visa application wait times for any post:https://travel.state.gov/
Kuck Baxter Immigration — In The News
Charles Kuck traveled to Peru in November and while there was interviewed by national media. One of those interviews can be watched here: https://www.youtube.com/watch?
Charles Kuck’s opinion statement entitled “Action needed in Ga. and Congress on immigration relief” was published by the Atlanta Journal and Constitution https://www.ajc.
Charles Kuck was quoted in a press release on MadKudu Inc. v. USCIS, a case in which the parties reached a settlement agreement about the classification of market research analyst positions as H-1B specialty occupations. Mr. Kuck said, “It is unfortunate that the only way for USCIS to follow the law and do the right thing is to bring litigation. But, know this—we will be watching for USCIS compliance with this decision, and we will be prepared to pursue litigation for other interpretive violations of written law and regulation that the agency has permitted to occur.”
Charles Kuck was quoted by Bloomberg Law in “Chronic Green Card Backlog Gains Lawmakers’ Bipartisan Attention. Commenting on things U.S. Citizenship and Immigration Services (USCIS) could do to reduce backlogs, Mr. Kuck said, “The idea that USCIS does not have the resources is not true. They don’t have the will.” https://bit.ly/3ARW2ii(registration required)
Charles Kuck was quoted by the Atlanta Journal-Constitution in “Kemp’s Immigration Policy Could Complicate Bid for Second Term.” Mr. Kuck said Governor Brian Kemp of Georgia was in search of a “shiny object” to distract from former President Trump’s ongoing attacks targeting the governor. “This is a reelection stunt. If he’s going to the border, he’s searching for a solution that does not exist,” Mr. Kuck said. https://bit.ly/3Bt9gDo
Charles Kuck, represented plaintiffs in a recent case, Kinsley v. Blinken, in which a U.S. district court judge issued a decision on October 5, 2021, prohibiting the use of travel bans as a reason not to process or issue visas. Mr. Kuck was quoted by the Times of India in “Good News for H-1B Visa Holders Stranded in India.” Mr. Kuck said, “We are grateful that Judge Boasberg saw through the cascade of baseless legal theories put forward by the Department of State to finally and affirmatively rule that it is a violation of federal law to refuse to issue visas solely because a President has proclaimed an entry ban under the Immigration and Nationality Act 212(f). We call on the Department of State to now do away with its ridiculous and legally unnecessary national interest exemption program and get back to the business of visa issuance around the world regardless of those entry bans.” https://bit.ly/30bBbKl
Charles Kuck was quoted by Atlanta Magazine in “Freedom University Wasn’t Meant to Last This Long.” He said the Board of Regents of Freedom University is “not answerable to the state legislature” and can change policies if it chooses, at least for Deferred Action for Childhood Arrivals recipients. He blamed a lack of progress on “constant finger-pointing between the legislature and the regents. ” ‘It’s their fault. It’s their fault. It’s their fault.’ That’s what’s extraordinarily frustrating about this. Nobody wants to take responsibility for depriving these kids of an education.”https://www.atlantamagazine.
Kuck Baxter Immigration LLC published its US legal guide for Corporate Immigration. It can be found at https://iclg.com/practice-
Kuck Baxter Immigration LLC has an office in Adel, Georgia, near the Irwin, Folkston, and Stewart Detention Centers, which hold more than 6,000 detained immigrants. The new office is managed by our Partner Elizabeth Matherne, the former Director for the Southern Poverty Law Center’s Irwin Detention Project.https://www.
We have changed the location of our podcast–The Immigration Hour— to Stitcher. We are entering our 13th year of continuous broadcasts. Listen each week for our latest take on immigration and immigration law!
You can follow us on Twitter @KuckBaxter or @CKuck
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Feel free to reach out with any questions or for help in your immigration case at 404-816-8611 or firstname.lastname@example.org.