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2020

NAFSA Comments on Proposed Revisions to ETA 9089 PERM Form

September 10, 2020
On September 10, 2020, NAFSA submitted a comment on the Office of Foreign Labor Certification's proposed revisions to the Permanent Labor Certification (PERM) application form (ETA 9089), instructions, and other information collected under PERM.
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CIS Ombudsman Webinar on USCIS Fee Rule

September 9, 2020
The Office of the Citizenship and Immigration Services Ombudsman will offer a webinar titled "USCIS' 2020 Fee Rule" on Thursday, September 17, 2020 at 2:00 p.m. Eastern Time. Requires RSVP to the CIS Ombudsman's Office.
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DHS Proposed Rule on Definition, Collection, and Use of Biometrics

September 9, 2020
A proposed rule to be published in the Federal Register on September 11, 2020 would change the way DHS defines, collects, and uses biometrics.
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Broadcast Message 2008-03: SEVP to Mail Notices to OPT Students Without Employer Information

August 31, 2020
On August 28, 2020 SEVP sent DSOs a Broadcast Message informing them of its plan to mail notices to OPT students "who have not reported employer information and have exceeded 90 days of unemployment." The notice gives students 15 days from the date of the notice to update their SEVIS record with employer information or their records will be terminated.
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USCIS Averts Massive Furloughs But Warns About Future Needs

August 25, 2020
On August 25, 2020, USCIS announced that it "will avert an administrative furlough of more than 13,000 employees" that was scheduled to begin August 30, 2020. But the agency warns that averting the furloughs "comes at a severe operational cost that will increase backlogs and wait times across the board, with no guarantee we can avoid future furloughs" without congressional intervention.
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Form I-765 Status

August 25, 2020
The USCIS Form I-765 web page says that a form edition dated 08/25/20 will have to be used for all applications postmarked on or after August 25, 2020 and that before 08/25/20 the 12/26/19 edition must be used. However, the language on the page is ambiguous as to whether the new edition should be used only for asylum-based EADs or all EADs.
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Court Pushes Back WashTech Status Hearing Until December 1

August 19, 2020
On August 18, 2020, the court in the WashTech case challenging OPT further postponed a status conference to December 1, 2020. This is the second delay to the status hearing. The judge's minute order stated: "The Court requiring additional time to consider the pending motions in this case, it is hereby ORDERED that the status conference currently scheduled for September 4, 2020, is CONTINUED to December 1, 2020, at 2:30 p.m."
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USCIS Reminder to Enter OPT Employment Info in SEVIS

August 18, 2020
On August 18, 2020, U.S. Citizenship and Immigration Services (USCIS) emailed stakeholders reminding them of the importance of updating SEVIS records with OPT employer information.
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DHS Withdraws Its Appeal in Unlawful Presence Case

August 4, 2020
On July 31, 2020 DHS filed a motion to dismiss its own appeal of the lower court's decision to block enforcement of USCIS's August 2019 unlawful presence memo. However, the Spring Regulatory Agenda shows that the agency continues to work on a proposed rule.
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Court Enjoins Enforcement of Public Charge Rules and Form Responses During COVID-19

August 4, 2020
On July 29, 2020, a federal court issued nationwide preliminary injunctions that block implementation and enforcement of the current USCIS and DOS public charge rules and policies during the COVID-19 national emergency. USCIS says applications or petitions postmarked on or after July 29, 2020, should not include Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.
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