Immigration Update

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

October 2020
U.S. Department of Homeland Security Issues New Rule Narrowing Eligibility for H-1B Temporary "Specialty Occupation" Work Visas

On October 8, 2020 the U.S. Department of Homeland Security (DHS) issued a new rule that would significantly restrict the use of H-1B temporary work visas by narrowing the eligibility requirements. A U.S. DHS official expects the new rule will have the effect of reducing the number of H-1B petitions by one-third. The H-1B category is the most commonly used work visa for newly-hired international professional workers. The scheduled effective date of the new rule is December 7, 2020. Federal Court challenges are expected.

The Department of Labor Dramatically Raises the Required Wages for International Professionals Sponsored in the H-1B Category and for Employer- Sponsored Green Cards

Effective October 8, 2020, the U.S. Department of Labor dramatically increased the required wage for temporary professional workers sponsored in the H-1B category and for permanent employees sponsored in the labor certification category. Affected occupations include teachers, doctors, engineers, managers, IT professionals and many other occupations requiring a Bachelor's degree, Masters degree or Ph.D. Multiple Federal Court lawsuits challenging the new policy are likely.

Tip of the Month

USCIS Raises Premium Processing Fee From $1,440 to $2,500

Effective Monday, October 19, 2020.
Premium Processing speeds up adjudication of temporary and permanent work visa petitions from 6 months or longer to 15 business days or less.

Read from USCIS,

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
Federal District Court Issues Nationwide Order Blocking Big USCIS Filing Fee Increases Set to Start October 2, 2020

The Court Order temporarily stops big increases in filing fees charged by USCIS for many of the most frequently used immigration applications and petitions, including I-129s for H-1B temporary professional workers, L-1 transferred key employees of multinational companies, I-765 work permits for students and green card applicants who are sponsored by U.S. citizen spouses or parents and citizenship applications for long-time green card holders. The Court found that the Department of Homeland Security violated the Administrative Procedure Act and that the fee increases were "arbitrary and capricious."

Federal Court Issues Injunction Stopping Enforcement of Presidential Proclamation Imposing "Visa Ban" for Certain H-1B, L-1 and H-2B Temporary Workers

On October 1, 2020, a Federal District Court issued an injunction stopping the U.S. Government from enforcing a June 22, 2020 Presidential Proclamation that prevented U.S. consulates from issuing temporary work visas in the H-1B, L-1 and H-2B work visa categories from June 22 to December 31, 2020. The lawsuit was brought by the National Association of Manufacturers (NAM) against the Department of Homeland Security. International workers who are sponsored in the H-1B, L-1 and H2-B work visa categories by employers who are members of NAM are now exempted from the "visa ban" because of the Federal Court order.

Read from the U.S. Department of State, Court Order Regarding Presidential Proclamation 10052

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.