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2020

Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers

August 3, 2020
On August 3, 2020, President Trump issued an executive order that focuses on a review of federal contracting and subcontracting practices. The order also includes a broader call to protect U.S. workers from adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites, including third-party job sites.
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DOL Announces Data Sharing MOU with DHS

August 3, 2020
The Department of Labor announced on July 31, 2020 that it entered into a new Memorandum of Agreement (MOA) with the Department of Homeland Security, allowing the Departments to provide access and share information about immigrant and nonimmigrant petition records and data contained within the Office of Foreign Labor Certification’s labor certification and labor condition application databases.
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USCIS Final Fee Rule Effective October 2, 2020

August 2, 2020
USCIS's final fee rule will become effective on October 2, 2020. "Any application, petition, or request postmarked on or after this date must be accompanied with the fees established by this final rule." The rule also makes changes to Form I-129, premium processing, and other fee processing changes.
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Preparing for CIP 2020 Conversion in SEVIS

July 28, 2020
An SEVP SEVIS Help Hub article explains how to prepare for the 2020 CIP code conversion release in SEVIS tentatively scheduled for August 28, 2020, how SEVIS will convert CIP codes in certain SEVIS student records, and how to complete the conversion for certain records.
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Proposed Revisions to Permanent Labor Certification Forms

July 27, 2020
The Department of Labor Office of Foreign Labor Certification (OFLC) opened a 60-day public comment period on proposed changes to the ETA 9089 permanent labor certification forms. Comments are due by September 18, 2020. View the Federal Register notice and proposed forms.
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July 14, 2020 Executive Order on Hong Kong Normalization

July 20, 2020
A July 14, 2020 Executive Order communicates the "policy of the United States to suspend or eliminate different and preferential treatment for Hong Kong." Among other actions, the order calls on agencies to "take steps to terminate the Fulbright exchange program with regard to China and Hong Kong with respect to future exchanges for participants traveling both from and to China or Hong Kong" and to "eliminate the preference for Hong Kong passport holders as compared to PRC passport holders."
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USCIS Consolidates Guidance on Use of Adjudicative Discretion

July 20, 2020
In a July 15, 2020 Policy Alert, USCIS announced that it has consolidated into the USCIS Policy Manual its guidance on how adjudicators should use discretion in making their benefit determinations. The consolidated guidance supersedes other guidance on the topic.
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NAFTA Transitions to USMCA Effective July 1, 2020

July 3, 2020
On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) replaced the North American Free Trade Agreement (NAFTA). The criteria for TN admission under the USMCA are the same as under NAFTA. Whereas TN admission under NAFTA was governed by the list of Professionals in Appendix 1603.D.1 to Annex 1603 of NAFTA, TN admission under the USMCA will be governed by the list of Professionals in USMCA Chapter 16 Appendix 2. The appendices are identical.
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Spring 2020 Regulatory Agenda Published

July 1, 2020
On June 30, 2020, the Administration published the Spring 2020 regulatory agenda. Visit NAFSA's page to see the immigration-related highlights.
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SCOTUS Rescinds DACA Rescission

June 19, 2020
On June 18, 2020, the U.S. Supreme Court (SCOTUS) held that DHS’s decision to rescind DACA was arbitrary and capricious under the Administrative Procedure Act.
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