Immigration Update

Immigration News and Analysis
for Clients and Friends of Borene Law Firm

September 2020
Effective October 2, 2020 USCIS Requires Use of Only New Forms for Work Visa Petitions and Employment Authorization Applications

In a September 2, 2020 Policy Alert, USCIS announced that it would only accept the October 2, 2020 editions of the most commonly used USCIS Forms for Work Visas and Employment Authorization. The Form I-129 used for H-1, H-2A, H-2B, L-1, O-1, E, TN, H-3, P, Q and R workers is being replaced by 8 new forms specific to certain subcategories. Also, the current I-765 application form (edition dated August 25, 2020) used for many types of Employment Authorizations, including F-1 Student OPT and Temporary Work Permission for green card applicants, is being replaced by a new version dated October 2, 2020. After October 2, 2020, any applications or petitions filed using the old versions of the forms will be rejected by USCIS.

U.S. Department of Homeland Security Proposes More Restrictive Time Limits Affecting More Than 1 Million International Students and Exchange Visitors Now at Colleges and Universities in the U.S.

On September 24, 2020 the U.S. Department of Homeland Security (DHS) announced a proposed rule change that would dramatically change the immigration system for more than 1 million F and J visa category international students and
researchers. The new rule would change the long-time "duration of status" rule into a fixed-time limited system and put new restrictions on the duration. The U.S. higher education community is strongly opposed to the new rule, decrying its adverse impact on international students and U.S. universities. NAFSA, the leading U.S. association of international educators, has identified many specific problems that would result if the proposed rule is put into effect.

Tip of the Month

USCIS Changes
I-765 Form again on October 2, 2020
(less than 6 weeks after last changes)

Applicants for Employment Authorization submitting Form I-765 to USCIS on or after October 2 must use only the new 10/2/2020 edition of the form.

Read from USCIS,


For the latest Official Processing Times from United States Citizenship and Immigration Services for Visa Petitions and Immigration Applications

For the latest information from the U.S. Department of State on Immigrant Visa “Green Card” Quota Backlog (Priority) Dates
U.S. Court of Appeals Reinstates DHS "Public Charge" Rule, Which Restricts Legal Immigrants Who Are Lower Income or Need Social Benefits, Such as Housing, Medical Care and Food Assistance

On September 11, 2020 the 2nd Circuit U.S. Court of Appeals overturned a nationwide injunction by the New York Federal District that had stopped the Trump Administration from enforcing a new "Public Charge" rule which makes it harder for lower income legal immigrants to enter the U.S.

Rare "Filing Window" Opens For More Than 100,000 Applicants for Green Cards Legally Sponsored by Employers in the EB-2 and EB-3 Categories: Many Applicants, Facing Multi-Year Quota Backlogs Have Waited In Temporary Work Status for 10 Years or More

Every month the U.S. Department of State, in coordination with USCIS, issues a newly updated edition of its Visa Bulletin, setting the cut-off dates for many employment-based and family-based green cards in the upcoming month. The just released October 2020 Visa Bulletin opened a window of opportunity for more than 100,000 people to file the final application in the green card process called "Form I-485 Application for Adjustment of Status to Lawful Permanent Residence" in the month of October. Many of these applicants have been patiently waiting in congressionally mandated quota backlogs for many years for this opportunity to complete the green card legal immigration process. Applicants sponsored by employers in the EB-2 and EB-3 categories for professionals and holders of advanced degrees from India and China are especially likely to benefit, but they must move quickly because the "filing window" might close again on October 31 and not reopen again for years.

Read from the Visa Bulletin, Immigrant Numbers for October 2020

Borene Law Firm In the News
Borene Law Firm rated "AV Preeminent" in 2020 - "the highest possible Peer Review Rating in legal ability and ethical standards" for 25th consecutive year from "the gold standard in attorney ratings" - The Martindale-Hubbell Law Directory, All Editions, 1994 - present.

Scott Borene recognized by other lawyers as 2020 Immigration Lawyer of the Year in Minnesota as noted by

Jeanne Kildow was an expert speaker on "Employment-Based Immigration Preference Categories"
at the American Immigration Lawyers Association (AILA) National Annual Conference

George Maxwell was an expert speaker on the topic of "Recent Trends in Employment Based Immigration" in a program sponsored by the
Copyright Borene Law Firm, P. A., 2020
 Immigration Update is a publication of:
Borene Law Firm
U.S. & Global Immigration
3950 IDS Center
Minneapolis, Minnesota 55402
United States of America
Phone: 612.321.0082
The information in this Immigration Update should not be considered specific legal advice; it is intended for informational purposes only. Anyone seeking specific legal advice should contact an appropriately experienced lawyer for a confidential, personalized consultation.