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Governor Newsom Is Dropping 95% Of Executive COVID-Related Orders in California
Thomas M. Lee

On February 25, 2022, Governor Gavin Newsom announced that he will be lifting 95% of California’s coronavirus-related executive order provisions. In accordance with the new endemic strategy, the California Department of Health and Human Services (CDPH) issued revised mask guidance on February 28, 2022. From March 1, 2022, vaccinated and unvaccinated people will not be…

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USCIS Reaches Fiscal Year 2022 H-1B Cap
Thomas M. Lee

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022. USCIS have completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for…

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California Paid COVID Sick Leave Returns
Thomas M. Lee

On February 9, 2022, Governor Newsom signed legislation extending COVID-19 supplemental paid sick leave to California workers, which becomes effective February 19, 2022, 10 days after enactment. The legislation extends up to 40 hours of paid sick leave to full-time employees of companies with 26 or more employees. Employees who are eligible will receive up…

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USCIS Updates Policy Guidance on VAWA Self-Petitions
Thomas M. Lee

U.S. Citizenship and Immigration Services is publishing policy guidance in the USCIS Policy Manual on eligibility, filing, and adjudication requirements addressing Violence Against Women Act (VAWA) self-petitions to update practices and align USCIS policies with recent court decisions. USCIS is updating its interpretation of the requirement for shared residence to occur during the qualifying spousal…

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EOIR Extends Certain Hearings Due to COVID-19
Thomas M. Lee

The Executive Office for Immigration Review (EOIR) started postponing non-detained and non-represented cases on January 10, 2022. Currently, the EOIR announced that non-detained and non-represented cases are further postponed till February 7, 2022, due to COVID-19. Hearings will continue via phone or online for detained cases and non-detained individuals who are represented. Please note that…

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FY 2023 H-1B Cap Initial Registration Period Opens on March 1
Thomas M. Lee

U.S. Citizenship and Immigration Services announced on January 28, 2022, that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern time on March 1 and run through noon Eastern time on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit…

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USCIS Provides Clarifying Guidance on O-1 Nonimmigrants in STEM Fields
Thomas M. Lee

The USCIS updated guidance on how it evaluates requirements for O-1A eligibility petitions for extraordinary ability in science, technology, engineering, or math (STEM) fields and whether an O-1 beneficiary’s prospective work is within their area of extraordinary ability or achievement. O-1A classification is applicable for individuals of extraordinary ability in science, education, business, or athletics.…

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Updated USCIS Guidance on National Interest Waivers
Thomas M. Lee

The USCIS updated guidance on adjudicating “National Interest Waivers” regarding the requirements for job offer and labor certification for certain advance degree professionals and individuals of exceptional ability, including those with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs. Under President Biden’s Executive Order 14012, the USCIS is outlining the importance…

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