Posted March 18, 2022 with Tags Corporate Immigration, Immigration Law
In 2020, the Department of Homeland Security (DHS) issued a temporary policy that allowed employers to accept certain expired List B documents and treat them as valid, acceptable receipts for Form I-9 purposes. DHS announced on March 12, 2022, that it is now ending this temporary policy.
Posted November 14, 2021 with Tags Immigration Law, Corporate Immigration
On November 10, 2021, the parties in Shergill, et al v Mayorkas reached an important settlement that now affords an automatic extension of employment authorization for up to 180 days in narrowly defined circumstances for H-4 and L-2 dependent spouses. In addition, …
Posted November 10, 2021 with Tags Corporate Immigration, Immigration Law
Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a year, resulting in the existing EAD …
Posted October 25, 2021 with Tags Corporate Immigration, Immigration Law
Last week, the U.S. Department of Justice and Facebook settled a U.S. worker discrimination lawsuit involving the recruitment practices of the social media giant in its sponsorship of foreign workers for permanent residence. At the same time, the U.S. Department …
Posted September 20, 2021 with Tags Corporate Immigration, Immigration Law
On September 20, 2021, the White House announced plans to ease COVID-19 travel restrictions on international travelers coming to the United States. Beginning in early November 2021, the White House will rescind the current geographic-related travel bans imposed on certain travelers from China, Iran, the Schengen Area, United Kingdom, Ireland, Brazil, South Africa, and India.
Posted September 13, 2021 with Tags Immigration Law
Extension of TPS On September 10, 2021, the Department of Homeland Security (DHS) published a notice in the Federal Register announcing the extension of Temporary Protected Status (TPS) designations and TPS-related documentation (EADs, Forms I-94, and Forms I-797) for El …
Posted July 7, 2021 with Tags Immigration Law, Corporate Immigration
On June 29, 2021, the U.S. Department of State extended the validity of NIEs for travelers from China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, Ireland, and India. This extension applies to NIEs granted in the last 12 months). Under the new policy, NIEs will be valid for 12 months from the date of approval and for multiple entries, so long as the NIE is used for the purpose stated in the original approval.
Posted May 3, 2021 with Tags Immigration Law, Immigration, Corporate Immigration
Biden's recent proclamation restricts travel to the United States of noncitizens who have been physically present in India within 14 days of their entry or attempted entry into the United States.
Posted March 3, 2021 with Tags Corporate Immigration, Immigration Law
On March 2, 2021, the U.S. Department of State announced unexpectedly that, effective immediately, it has rescinded a previous policy on categories of business travelers and nonimmigrant workers eligible for National Interest Exceptions (NIEs) to Presidential Proclamation 10143, which restricts travel from the European Schengen Area, the United Kingdom, and Ireland. The new policy will indeed make it more difficult for business travelers and nonimmigrant workers to obtain permission to travel to the United States.
Posted February 4, 2021 with Tags Corporate Immigration, Immigration Law
The Department of Homeland Security (DHS) announced it would extend its COVID policy of deferring the physical presence requirements associated with Form I-9, Employment Eligibility Verification. The policy, instituted at the beginning of the pandemic, was set to expire on January 31, 2021, but has been extended to March 31st of this year.
Posted January 26, 2021 with Tags Corporate Immigration, Immigration, Immigration Law
Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include reversing Executive Orders issued by the Trump Administration, withdrawing certain pending regulations, delaying the implementation of regulations made by the Trump Administration post-election, and pushing forward a legislative overhaul of the current immigration system. These actions and proposals signal that modernizing the current immigration system will be one of the top priorities of the new administration.
Posted January 20, 2021 with Tags Corporate Immigration, Immigration Law
The order will go into effect at 12:01 a.m. EST (5:01 a.m. GMT) on January 26, 2021. After going into effect, this order replaces a previous order currently in effect and expands UK pre-departure COVID-19 testing requirements to all U.S.-bound passengers flying in from foreign countries.
Posted December 10, 2020 with Tags Corporate Immigration, Immigration Law
The Department of Homeland Security (DHS) announced on December 9, 2020, an extension of the Temporary Protected Status (TPS) designation for El Salvador, Nicaragua, Sudan, Honduras, and Nepal through October 4, 2021. TPS is a temporary status that allows nationals of designated countries to remain and, in some cases, work in the United States until it is considered safe to return to their home country.
Posted December 1, 2020 with Tags Corporate Immigration, Immigration, Immigration Law
At issue was whether or not the Administration was justified in its determination that the COVID-19 pandemic provided a good cause exception to Section 553(b) of the Administrative Procedure Act, which requires a proper public notice and comment period before a rule can be implemented. The court decided that it was not.
Posted November 6, 2020 with Tags Immigration, Corporate Immigration, Immigration Law
The short answer is that the premium processing fee increased to $2,500 effective October 20, 2020, for all eligible I-129 and I-140 filings (except for H-2B and R-1 requests that increased to $1500), based on the Emergency Stopgap USCIS Stabilization Act that was part of the Continuing Appropriations Act 2021 and Other Extensions Act signed into law on October 1. Although the Act gives U.S. Citizenship & Immigration Services (USCIS) authority to expand premium processing to other types of benefit requests, the agency recently said it is not yet taking that action. In other words, USCIS has not yet applied premium processing to I-765, I-539, or the other new benefit requests.
Posted September 24, 2020 with Tags Immigration Law, Corporate Immigration
America’s immigration system is based on a quota system. This means that there is a limited number of permanent resident visas available each year, with limits per category and per country. This article will focus on the employment-based categories only.
Posted August 20, 2020 with Tags Immigration Law
As a result of delays in the issuance of Employment Authorization Documents (or EAD cards), the agency announced that employees may use—and employers must accept—form I-797 Notice of Action that indicates the approval of Form I-765 (Application for Employment Authorization Document) in lieu of the actual EAD card, provided that the I-797 is dated between December 1, 2019, and August 20, 2020.
Posted July 31, 2020 with Tags COVID-19 for Employers, Immigration Law
The current administration has sought to expand the types of benefits that would give cause to believe that an individual is primarily dependent on the government for subsistence, and, thus, inadmissible under U.S. immigration law.
Posted June 29, 2020 with Tags Corporate Immigration, Immigration Law
On July 1, 2020, the United States-Mexico-Canada Agreement (“USMCA”) will enter into full force, when it will replace the North American Free Trade Agreement (“NAFTA”) as the primary agreement governing trade relations between the United States, Mexico, and Canada.
Posted June 23, 2020 with Tags Corporate Immigration, Immigration Law
The new Proclamation seeks to bar entry into the United States of individuals who are using a visa in one of several temporary visas categories.
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