January 2020
January 31, 2020Following Supreme Court Decision, the New Public Charge Rule to Take Effect on February 24
The Department of Homeland Security’s (DHS) regulation is set to take effect on February 24, 2020. Adjustment of status (“green card”) applicants in all states besides Illinois will be required to provide additional financial and credit documentation as well as other personal information to demonstrate that they will not become a public charge in the U.S. The new rule also affects nonimmigrants who are seeking extension or change of status and who will now be required to disclose certain public benefits they receive. The new rule gives immigration officers added discretion which is expected to lead to more intense scrutiny of applicants for green card and nonimmigrant visas.
More Details on H-1B Cap Registration for FY 2021 Announced
This month USCIS announced additional information about its new online H-1B cap registration system. The announcement confirms the dates of the registration period which will be March 1 to March 20 and provides some details about the process. However, important information such how and when employers and their counsel can set up online accounts is still unknown. We will continue to report information about the new system as it emerges.
NAFTA Likely to be Replaced by USMCA
President Trump signed H.R. 5430 this month to ratify the United States-Mexico-Canada Agreement Implementation Act (USMCA) that will replace the North American Free Trade Agreement (NAFTA). USMCA will not take effect until it is ratified by Canada and the three countries complete certain preparatory steps. NAFTA will remain in effect until implementation of USMCA is complete.
New I-9 Form
A new version of Form I-9 with edition date 10/21/2019 has been released and should now be used by employers over the previous edition.