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Immigration Policy Tracking Project

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policies between January 2017 and November 2024

53 Policies

Explore Trump-era Policies

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Current Status

  1. January 2021

    1. January 15, 2021

      DOL expands applicability to secondary employers of filing requirements for LCAs

      Non-Immigrant Visas: Employment-Based DOL Final/Actual Agency Directive

      Current Status

      Not in effect
      January 20, 2021
      Acted on by Biden Administration
    2. January 14, 2021

      DOL issues rule restructuring prevailing wage system, increasing minimums

      Non-Immigrant Visas: Employment-BasedImmigrant Visas: Employment-Based DOL Final/ActualIn LitigationEnjoined/Vacated Rule

      Current Status

      Not in effect
      March 12, 2021
      Acted on by Biden Administration
    3. January 14, 2021

      DHS updates penalties for employment violations in connection with D-1, H-1B, H-2A, and H-2B program

      Non-Immigrant Visas: Employment-BasedWorkplace Enforcement DOL Final/Actual Rule

      Current Status

      Fully in Effect
    4. January 13, 2021

      Student and Exchange Visitor Program (SEVP) creates Optional Practical Training Employment Compliance Unit

      Workplace EnforcementNon-Immigrant Visas: Student ICEDOL Final/Actual Agency Directive

      Current Status

      Fully in Effect
    5. January 11, 2021

      DOL issues direct final rule on e-filing and e-service for ARB proceedings

      Hearings and AdjudicationsNon-Immigrant Visas: Employment-Based DOL Final/Actual Rule

      Current Status

      Fully in Effect
      March 17, 2021
      Acted on by Biden Administration
    6. January 4, 2021

      DHS and DOL issue direct final rule extending DOL discretionary review to H-2B temporary labor certification cases

      Non-Immigrant Visas: Employment-BasedLabor DHSDOL ProposedFinal/Actual Rule

      Current Status

      Not in effect
      February 3, 2021
      Acted on by Biden Administration

  1. December 2020

    1. December 15, 2020

      DOL announces AEWR annual update for H-2A herding and livestock range workers

      Non-Immigrant Visas: Employment-Based DOLUSCIS Final/Actual Agency Directive

      Current Status

      Fully in Effect
    2. December 2, 2020

      USCIS issues policy guidance on Schedule A pre-certification

      Immigrant Visas: Employment-Based USCISDOL Final/Actual Agency Directive

      Current Status

      Fully in Effect

  1. November 2020

    1. November 10, 2020

      DOL announces new system for electronic filings of appeals

      Hearings and AdjudicationsImmigrant Visas: Employment-BasedNon-Immigrant Visas: Employment-Based DOL Final/Actual Change in PracticeForms and Information Collection

      Current Status

      Fully in Effect
    2. November 5, 2020

      DOL issues final rule on Adverse Effect Wage Rate for H-2A agricultural laborers

      Non-Immigrant Visas: Employment-Based DOL Final/ActualIn LitigationEnjoined/Vacated Rule

      Current Status

      Not in effect
      January 20, 2021
      Acted on by Biden Administration

  1. October 2020

    1. October 8, 2020

      DHS issues interim final rule narrowing H-1B criteria

      Non-Immigrant Visas: Employment-Based USCISDOL Final/ActualIn LitigationEnjoined/VacatedRenewed Rule

      Current Status

      Not in effect
      January 20, 2021
      Acted on by Biden Administration

  1. June 2020

    1. June 22, 2020

      COVID-19: POTUS issues proclamation freezing certain nonimmigrant visas through the end of 2020

      Non-Immigrant Visas USCISDOLDOS Final/Actual Presidential Orders

      Current Status

      Not in effect
      February 24, 2021
      Acted on by Biden Administration

  1. May 2020

    1. May 20, 2020

      DOL issues rule granting Secretary of Labor discretionary review of ARB and BALCA decisions

      Non-Immigrant Visas: Employment-BasedImmigrant Visas: Employment-Based DOL Final/Actual Rule

      Current Status

      Fully in Effect
    2. May 14, 2020

      COVID-19: USCIS issues temporary final rule modifying H-2B requirements

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Rule

      Current Status

      Fully in Effect

  1. April 2020

    1. April 20, 2020

      COVID-19: USCIS issues temporary final rule, lifting certain H-2A program limitations

      Non-Immigrant Visas: Employment-Based USCISDOL Final/ActualRenewed Rule

      Current Status

      Fully in Effect

  1. March 2020

    1. March 24, 2020

      COVID-19: OFLC announces issuance of electronic PERM labor certifications

      Labor USCISDOL Final/Actual Change in Practice

      Current Status

      Fully in Effect
    2. March 20, 2020

      COVID-19: DOL issues FAQ on Coronavirus effects, including extensions for filing periods

      Non-Immigrant Visas: Employment-BasedImmigrant Visas: Employment-Based DOL Final/ActualExpired Agency Directive

      Current Status

      Not in effect
    3. March 6, 2020

      USCIS requires FLAG system temporary labor certification final determination to be submitted with H-2A petition

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Agency Directive

      Current Status

      Fully in Effect
    4. March 6, 2020

      DOL delegates authority to the Secretary to review ARB decisions

      Non-Immigrant Visas: Employment-Based DOL Final/Actual Agency Directive

      Current Status

      Fully in Effect

  1. January 2020

    1. January 24, 2020

      iCERT system transitions to read-only in initial phase of decommissioning

      Immigrant Visas: Employment-BasedNon-Immigrant Visas: Employment-Based DOL Final/Actual Change in Practice

      Current Status

      Fully in Effect
    2. January 15, 2020

      DOL makes annual adjustment to penalties for certain visa violations

      Employment VerificationWorkplace Enforcement USCISDOL Final/Actual Rule

      Current Status

      Fully in Effect
    3. January 6, 2020

      DOL relaxes Wagner-Peyser requirements for states

      Non-Immigrant Visas: Employment-BasedLabor DOL Final/Actual Rule

      Current Status

      Fully in Effect
      April 20, 2022
      Acted on by Biden Administration

  1. December 2019

    1. December 19, 2019

      DOL announces AEWR annual update for H-2A herding and livestock range workers

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Agency Directive

      Current Status

      Fully in Effect

  1. November 2019

    1. November 15, 2019

      DOL & USCIS final rule eliminates print ads for H-2B recruitment

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Rule

      Current Status

      Fully in Effect
    2. November 7, 2019

      DOL authorizes electronic payment of H-2A violation penalties

      LaborNon-Immigrant Visas: Employment-Based DOL Final/Actual Rule

      Current Status

      Fully in Effect

  1. October 2019

    1. October 24, 2019

      USCIS updates AFM with sample notice of filing an Application for a Permanent Employment Certification

      Immigrant Visas: Employment-Based USCISDOL Final/Actual Agency Directive

      Current Status

      Fully in Effect
    2. October 23, 2019

      OFLC issues FAQs on H-2A definition of "Agricultural Labor or Services"

      Non-Immigrant Visas: Employment-Based DOL Final/Actual Agency Directive

      Current Status

      Fully in Effect

  1. September 2019

    1. September 27, 2019

      U.S. and Honduras sign agreements on immigration enforcement and H-2 visa programs

      BorderNon-Immigrant Visas: Employment-Based DHSDOL Final/Actual Change in Practice

      Current Status

      Fully in Effect
    2. September 25, 2019

      DOL requests comment on proposed revisions to Migrant and Seasonal Farmworker (MSFW) Monitoring Report and Complaint/Apparent Violation Form

      Non-Immigrant Visas: Employment-Based DOLState & Local Entities Final/Actual Forms and Information Collection

      Current Status

      Fully in Effect
    3. September 20, 2019

      DOL publishes final rule transitioning to electronic advertising for H-2A worker recruitment

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Rule

      Current Status

      Fully in Effect

  1. July 2019

    1. July 30, 2019

      United States and Guatemala sign agreements on H-2 nonimmigrant visas

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Change in Practice

      Current Status

      Fully in Effect
    2. July 26, 2019

      H-2B petitioners must include FLAG system temporary labor certification final determination with Form I-129

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Change in Practice

      Current Status

      Fully in Effect
    3. July 1, 2019

      DOL limits its discretionary power in certifying U, T visas

      U/T/VAWA DOL Final/Actual Agency Directive

      Current Status

      Not in effect
      February 5, 2021
      Acted on by Biden Administration

  1. April 2019

    1. April 1, 2019

      DOL publishes interim final rule on CW-1 visa

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Rule

      Current Status

      Fully in Effect

  1. March 2019

    1. March 15, 2019

      DOL imposes new LCA electronic notice obligations on employers and end-clients

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Agency Directive

      Current Status

      Fully in Effect

  1. February 2019

    1. February 26, 2019

      DOL plans to randomize processing of H-2B visa applications, rather than first-come-first-serve

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Change in Practice

      Current Status

      Fully in Effect

  1. November 2018

    1. November 19, 2018

      DOL explains differences in new revised Form ETA-9035/9035E

      Non-Immigrant Visas: Employment-Based DOL Final/Actual Forms and Information Collection

      Current Status

      Fully in Effect

  1. October 2018

    1. October 30, 2018

      DOL updates H-1B labor condition application form

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Forms and Information Collection

      Current Status

      Fully in Effect
    2. October 25, 2018

      DOL proposes revisions to forms associated with H-2A temporary agricultural employment-based visa program

      Non-Immigrant Visas: Employment-Based DOL Final/Actual Forms and Information Collection

      Current Status

      Fully in Effect
    3. October 24, 2018

      DOL modifies iCERT application process for H-2A/H-2B

      Non-Immigrant Visas: Employment-Based DOL Final/Actual Change in Practice

      Current Status

      Fully in Effect

  1. September 2018

    1. September 7, 2018

      DOL requests comment on revisions to H-2B Foreign Labor Certification Program Forms ETA-9165, 9142B, and 9155

      Non-Immigrant Visas: Employment-Based DOL Final/Actual Forms and Information Collection

      Current Status

      Fully in Effect
    2. September 5, 2018

      DOL begins new nationwide H-2B enforcement initiative

      Non-Immigrant Visas: Employment-BasedWorkplace Enforcement DOL Final/Actual Change in Practice

      Current Status

      Fully in Effect

  1. July 2018

    1. July 31, 2018

      DOL and DOJ increase collaboration on employer discrimination and abuse

      Workplace EnforcementEmployment Verification IERDOL Final/Actual Change in Practice

      Current Status

      Fully in Effect

  1. June 2018

    1. June 1, 2018

      DOL clarifies H-2B labor certification receipt time

      Non-Immigrant Visas: Employment-Based DOL Final/Actual Agency Directive

      Current Status

      Fully in Effect

  1. May 2018

    1. May 31, 2018

      DHS authorizes temporary 15,000 increase in H-2B visas

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Rule

      Current Status

      Fully in Effect
      April 20, 2021
      Acted on by Biden Administration

  1. April 2018

    1. April 10, 2018

      POTUS issues EO 13828, ordering several agencies to restrict immigrant access to public assistance programs

      Humanitarian DOLHHSOther Final/Actual Presidential Orders

      Current Status

      Fully in Effect

  1. October 2017

    1. October 27, 2017

      DOL allows State Workforce Agency (SWA) to upload responsive documents for H-2A or H-2B applications

      Non-Immigrant Visas: Employment-Based DOL Final/Actual Agency Directive

      Current Status

      Fully in Effect

  1. July 2017

    1. July 19, 2017

      DHS & DOL allocate additional non-agricultural H-2B visas for FY 2017

      Non-Immigrant Visas: Employment-Based USCISDOL Final/Actual Rule

      Current Status

      Fully in Effect

  1. June 2017

    1. June 6, 2017

      DOL announces increased civil and criminal immigration enforcement

      LaborNon-Immigrant Visas: Employment-Based DOL Final/Actual Agency Directive

      Current Status

      Fully in Effect

  1. April 2017

    1. April 18, 2017

      POTUS issues "Buy American and Hire American" EO 13788, calling for H-1B reform proposals

      Non-Immigrant Visas: Employment-Based USCISDOLBureau of Consular Affairs Final/Actual Presidential Orders

      Current Status

      Not in effect
      January 25, 2021
      Acted on by Biden Administration
    2. April 13, 2017

      DOL issues notice re food and lodging expenses for H-2A and H-2B workers

      Non-Immigrant Visas: Employment-Based DOL Final/Actual Agency Directive

      Current Status

      Fully in Effect
    3. April 3, 2017

      DOJ and DOL warn H-1B employers not to discriminate against U.S. workers

      Non-Immigrant Visas: Employment-BasedEmployment Verification IERDOL Final/Actual Agency Directive

      Current Status

      Fully in Effect

  1. March 2017

    1. March 17, 2017

      DHS updates civil monetary penalties for employment violations in connection with H-2B program

      Workplace EnforcementNon-Immigrant Visas: Employment-Based DHSDOL Final/Actual Rule

      Current Status

      Fully in Effect
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