Immigration Update

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

November 2020
Biden Leads Presidential Election Count by More Than 6 Million Votes and More Than 70 Electoral Votes - Many Changes in U.S. Immigration Policy are Expected From a Biden Administration

As of November 24, 2020, Joe Biden appears to have an insurmountable lead in Electoral Votes. Multiple lawsuits have been filed by the Trump Campaign contesting the election results, which have been overwhelmingly rejected by State and Federal Courts.

All of the election legal challenges are expected to be resolved before the Electoral College meets on Monday, December 14, 2020.

The many changes in U.S. Immigration Policy in 2021 under a Biden Administration may include:
  1. A suspension of further funding to build a border wall with Mexico;
  2. An end to separation of children from their parents at the southern border;
  3. Restoration of the DACA Program;
  4. The end of the Trump era "Muslim ban;"
  5. An increase in refugee admissions;
  6. A 100 day moratorium on deportations;
  7. An end to private "for profit" immigration prisons;
  8. The prompt reversal of up to 400 Trump era immigration Executive Orders and restrictive immigration rules, among other changes.

It's Time to Start Planning Petitions for
H-1B Work Visas for 2021

• Only 85,000 new cap-subject H-1B work visas are available for all of 2021.

• In 2020, more than 260,000 H-1 Lottery Registrations were submitted to USCIS

• The H-1B work visa is the most commonly used work visa for newly hired professionals (Bachelor's degree and above).

After the 2021 H-1B quota is reached, there will be no new cap-subject H-1B work sponsorships available until October 1, 2022. If you have questions about the H-1B visa category or wish to obtain assistance with applying for any new H-1B work visas, please email us or call us no later than January 5, 2021 at 612.321.0082.

Interested employers should start now preparing new H-1B 2021 Lottery Registration Applications for foreign workers, including computer/IT professionals, engineers, doctors, scientists, financial analysts, researchers, professors, teachers, accountants, managers, architects and many other professionals. It takes time to build a well-documented H-1B case for filing. We recommend starting preparation of the Lottery Registration Application well in advance to meet the registration deadline and to avoid disappointment.

Read from Borene Law Firm, FAQ's about H-1 Work Visas

In Final Days, Trump Administration Attempts Multiple "Last Minute" Immigration Restrictions

With less than 60 days remaining in his presidency before the inauguration of Joe Biden, the Trump Administration has launched multiple restrictive immigration rule and policy changes targeted to take effect before January 20. These "last minute" attempted restrictions include stricter asylum rules, stricter rules governing international students in the U.S, and new restrictions on eligibility for H-1 work visas. Multiple lawsuits contesting the new restrictive proposed rules have already been filed in Federal Courts and more litigation is expected.

Tip of the Month

U. S. State Department Issues Updated FAQs on "Resumption of Routine Visa Services"

On November 12, the State Department issued updated FAQs on a "phased resumption" of visa services at U.S. consulates worldwide. Consulate visa services were suspended in March 2020 due to the virus epidemic. Delays vary by consular post, but priority is to be given to "emergency and mission-critical" visa services.

Read from the Department of State, Phased Resumption of Routine Visa Services


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 Court Rules That Appointment of Chad Wolf as Acting Director of USCIS Was Unlawful, As a Result, Wolf's July 2020 Memo Suspending Renewals of DACA Applications for "Dreamers" Was Declared Invalid

On November 14, 2020, Federal Judge Nicholas Garaufis ruled that the Trump Administration's November 2019 appointment of Chad Wolf as Acting Director of USCIS was unlawful because it violated the Homeland Security Act.
As a consequence, Wolf's memo suspending the DACA Relief Program for undocumented migrants who entered the U.S. as children was declared invalid.

Borene Law Firm In the News
Borene Law Firm rated "AV Preeminent" in 2021 - "the highest possible Peer Review Rating in legal ability and ethical standards" for the 26th 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.