Yesterday, June 22, 2020, President Trump issued a new Presidential Proclamation, “Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The proclamation bans the issuance of H-1B, H-2B, H-4, J-1, J-2, L-1 and L-2 non-immigrant visas and extends the bar on the issuance of certain categories of immigrant visas through December 31, 2020. The proclamation takes effect on June 24, 2020 at 12:01...

On June 18, 2020, the U.S. Supreme Court issued its decision in Department of Homeland Security v. Regents of the University of California, et. al. In a 5 to 4 decision, Chief Justice Roberts delivered the majority opinion of the Court, holding that when the Department of Homeland Security (DHS) announced the termination of the Deferred Action for Childhood Arrivals (DACA) program in September 2017, it failed to consider all relevant...

Through our colleagues at the American Immigration Lawyers Association (AILA), we have learned of a possible extension and expansion of President Trump’s April 22, 2020 Presidential Proclamation 10014, “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” On April 22, 2020, President Trump issued a Presidential Proclamation suspending the issuance of immigrant visas for certain categories of intending immigrants (lawful...

On March 18, 2020, the U.S. Citizenship and Immigration Services (USCIS) closed its Field Offices for in-person services due to COVID-19. This has resulted in processing delays for applicants with pending applications for adjustment of status (lawful permanent residency / “green card”) and naturalization (U.S. citizenship) which require in-person interviews. In early June, USCIS Field Offices around the United States began reopening for limited services including “drive-up” naturalization oath ceremonies. The...

Below, please find the latest information regarding COVID 19 related office closures as of May 15, 2020 Executive Office of Immigration Review (EOIR): Non-detained Cases postponed through June 12, 2020 On May 15, 2020, EOIR announced that hearings in non-detained cases are postponed through June 12, 2020. This order applies to all non-detained cases nationwide. The Denver Immigration Court – located at 1961 Stout Street, Denver, Colorado – is still open...

Below, please find the latest information regarding COVID 19 related office closures as of April 28, 2020 U.S. Citizenship and Immigration Services (USCIS): - Temporary office closures extended through June 04, 2020 USCIS announced on April 24, 2020 that they are extending the temporary suspension of in-person services at least through June 04, 2020. USCIS advised that Local Field Offices and in-person services at local offices and support centers are preparing...

On April 22, 2020, President Trump issued a presidential proclamation suspending the entry of “aliens as immigrants” for 60 days. The proclamation goes into effect on April 23, 2020 at 11:59p.m. EDT. The proclamation expires in 60 days (on June 23, 2020). However, the President may continue the suspension of entry for additional time. To understand the President’s proclamation, it is important to understand the different mechanisms by which that a...

Many individuals living in the United States, including many non-citizens, are eligible to receive an Economic Impact Payment, or stimulus check, authorized by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Eligible individual taxpayers should automatically receive a payment up to $1,200 and couples who file their taxes jointly will receive a payment up to $2,400. So, who is eligible for the CARES Act payment? The Internal Revenue Service...

On April 20, 2020, the President of the United States tweeted that he will sign an Executive Order to temporarily suspend immigration into the United States. The tweet provided no further details as to what the President meant by suspension of immigration. On April 21, 2020, President Trump stated that the order will only apply to the issuance of “Green Cards” and will last 60 days. The President stated the order...

An employer seeking to offer a foreign worker a job opportunity on a permanent basis may sponsor that foreign worker for employment-based permanent residency. Most often, this requires Labor Certification through the U.S. Department of Labor (DOL). The Labor Certification process, also referred to as PERM, requires that employers “test the labor market” to see if there are any qualified and available U.S. workers for its job opportunity, prior to petitioning...

The U.S. Department of Labor has announced several important policy changes in light of the COVID-19 pandemic which affect employers seeking to file Labor Certification Applications on behalf of foreign workers. On March 20, 2020, DOL announced that, in light of COVID-19, it would permit employers additional time to respond to requests from DOL regarding prevailing wage requests and Labor Certification applications. For deadlines that fall between March 13, 2020 through...

We hope you and your loved ones are staying safe and healthy.  In an effort to keep you informed and up-to-date with applicable COVID-19 related closures and delays at the various immigration agencies, we plan to provide regular blog posts and updates. Below, please find the latest information as of April 2, 2020: U.S. Citizenship and Immigration Services (USCIS): Temporary office closure extended through at least May 03, 2020. USCIS announced on...

As the coronavirus continues to spread throughout the United States, the federal government has implemented a number of restrictions and office closures in an effort to help slow the spread of the virus. U.S. Citizenship and Immigration Services (USCIS):Local Field Offices and Application Support Centers Closed until at least April 07, 2020 (On March 25, 2020, USCIS extended closures from April 1, 2020  to April 7, 2020). Starting on March 18,...

Dear Kolko & Casey clients, friends and community: During these difficult and unpredictable times, we wanted to reach out and let you know that we are here. We remain dedicated to our Firm’s mission to contribute to the enhancement of the United States by providing creative and high-quality immigration legal services to families, businesses and individuals, with a commitment to superior customer service and communication in a collegial and supportive environment....

With the declaration of a State of Emergency in Colorado due to the global pandemic from COVID-19, many Colorado employers are facing difficult decisions about how to manage their workforce in an uncertain and quickly-changing environment. Employers who employ H-1B workers should understand what their additional obligations are, if any, when considering layoffs, terminations, and other employment changes in light of COVID-19. The information contained in this article is for general...

As the COVID-19 pandemic evolves in the United States, many employers are making the difficult decision to lay off workers. Workers, in turn, have the option to apply for unemployment benefits to support themselves through these uncertain and difficult times. Noncitizens may be concerned about applying for and receiving unemployment benefits and potentially subjecting themselves to the “public charge” ground of inadmissibility in light of the Department of Homeland Security’s (DHS)...

To our clients, employees, friends, vendors, staff, families and community: Kolko and Casey, P.C. would like you to know that we are doing our very best to stay vigilant and pro-active in order to keep all of us as safe as possible during this unprecedented COVID-19 health emergency. The health and safety of our clients, employees and families is our most important priority. We will continue to follow recommended hygiene protocols,...

Please join Kolko & Casey, P.C. in congratulating Managing Partner David Kolko and Senior Associate Attorney Angela Cifor for their recognition as 2020 Super Lawyers! David Kolko has been selected as a 2020 Super Lawyer in the field of Immigration Law.  Angela Cifor is recognized as a 2020 Super Lawyer, Rising Star in immigration. We are honored to work alongside these talented, creative and dedicated attorneys in the field of immigration...

As of March 1, 2020, the United States Citizenship and Immigration Services (USCIS) online H-1B registration tool is open for employers and their representatives to submit electronic registrations to seek acceptance under the annual H-1B cap lottery on behalf of potential H-1B workers. The online H-1B registration system is a new process this year and few details regarding its implementation or functionality were announced in advance. Employers and representatives access the...

The United States Citizenship and Immigration Services (USCIS) has formally announced that it will implement the new H-1B registration final rule for Fiscal Year 2021. The H-1B registration system will involve an initial electronic registration process, in which employers may register for potential H-1B workers to be entered into the annual H-1B cap lottery. Those whose registrations are selected will then be permitted to file H-1B petitions to be considered on...