President Elect Biden Announces New Policies & other Immigration News for December 18, 2020
Peri B. Edelman | December 18, 2020
One of my clients came back from El Salvador last week with a green card after he was living in the United States for more than 22 years without status.
He was only in his home country for 3 weeks to pick up his visa. This happened during the pandemic. Difficult cases are my specialty.
The Trump Administration Lost an H-1B Visa Case for 3rd Time in December
On December 14, 2020, a U.S. District Judge ruled the U.S. Department of Labor (DOL) violated the Administrative Procedure Act (APA) when it claimed a “good cause” exception to publish a rule without public comment to inflate the required minimum wage for H-1B visa holders and employment-based immigrants. The decision ordered the DOL “to reissue any prevailing wage determinations issued on or after October 8, 2020 under the wage methodology” of the now unlawful DOL wage rule.
President Elect Biden Released Two Immigration Policy Plans on Wednesday
In his 100 days, Biden will undo the “horrific” and “cruel and senseless” policies enacted by President Trump like the separation of parents and children at the border, and end for-profit detention centers.
Biden’s immigration plan promises to reform the asylum system, end Trump’s Muslim ban and review Temporary Protected Status for those who have fled a violent country. It would also end the Trump-declared “national emergency” being used to redirect federal dollars to build the border wall.
Final Rule Adopts EOIR Fee Increases
A final rule from the Executive Office for Immigration Review (EOIR) has adopted without change the increased fees in a February 2020 proposed rule. This is EOIR's first revision of its fee schedule since 1986. The fee changes are:
- Form EOIR-26 (Notice of Appeal From a Decision of an Immigration Judge), from $110 to $975
- Form EOIR-29 (Notice of Appeal to the Board of Immigration Appeals From a Decision of a DHS Officer), from $110 to $705
- Form EOIR-42A (Application for Cancellation of Removal for Certain Permanent Residents), from $100 to $305
- Form EOIR-42B (Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents), from $100 to $360
- Motion to reopen or reconsider, from $100 to $145 if filed before the Office of the Chief Immigration Judge, and to $895 if filed with the Board of Immigration Appeals
This newsletter is a general information regarding recent changes in immigration law. Every matter is different. If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.