The DACA Decision – Supreme Court’s Ruling Provides Temporary Uncertain Relief

The Trump administration has already announced its goal to end the Deferred Action for  Childhood Arrivals (DACA) policy commenced on June 15, 2012 by President Obama within the next six months post the decision of the U.S. Supreme Court on June 18 finding that the decision of the Department of Homeland Security (DHS) to end …

Nonimmigrant and Immigrant Visa Processing Halted by Presidential Proclamation – Effective June 24 for Certain Nonimmigrants

After numerous rumors in the past few days regarding the suspension of immigration to the United States (U.S.), President Trump’s Proclamation was finally published on June 22  (June Visa Processing Proclamation or JVPP) after numerous discussions regarding its scope.  Please refer to my prior summary on the April 22, 2020 Proclamation 10014 as to the …

CROSS-BORDER TRAVEL BETWEEN THE U.S. AND MEXICO/CANADA – NON-ESSENTIAL TRAVEL RESTRICTIONS EXTENDED TO JUNE 22, 2020

On March 24, 2020, two notices (Notices) were published in the Federal Register by United States (U.S.) Customs and Border Protection (CBP) related to limitations on cross-border travel along the northern[1] and southern[2] borders of the U.S.  Both of these restrictions went into effect as 11:59 p.m. (EDT) on March 20, 2020, and remained in …

Pause in Immigrant Visa Processing Imposed by Presidential Proclamation – Effective April 23 for Sixty Days at Consular Posts

After numerous rumors in the past few days regarding the suspension of immigration to the United States (U.S.), President Trump’s Proclamation (Suspension Proclamation) was finally published on April 22.  The Proclamation references the disruption of the economy post COVID-19 as a basis for the Proclamation.  The Proclamation does not address the current dichotomy between family-based …

Expired State Identity Documents Temporarily Accepted for Form I-9 List B and the Case-by Case Remote Form I-9 Completion Risk

U.S. Citizenship and Immigration Services (USCIS) recently issued a follow-up Question and Answer sheet   (Q&A Sheet) to the  March 20 announcement of the U.S. Department of Homeland Security (DHS) related to a limited relaxation to physical proximity requirements associated with Form I-9 completion due to COVID-19.  While the acceptance of an expired state identity document …

DHS Announces Remote I-9 Completion and Suspension of Audit Responses due to COVID-19

With all of the dark news surrounding COVID-19, the Department of Homeland Security (DHS) deserves a “thank you” from employers for their logical announcement related to Form I-9 compliance issues on March 20.  The main points in the announcement are outlined below: Remote Completion of Section 2 of Form I-9 For completion of Section 2 …

ESTA Cancellation Risks and the Schengen Travel Presidential Proclamation

As a result of the March 11 Presidential Proclamation suspending the entry to the United States (U.S.)[1] of immigrants and nonimmigrants (Proclamation), who have been physically present in the Schengen Area[2] during the 14-day period preceding their attempted entry in an effort to stem the spread of COVID-19, U.S. Customs and Border Protection (CBP) advised …

New Form I-9 Version Announced – Must Be Used May 1

US Citizenship and Immigration Services (USCIS) announced in the Federal Register on January 31, 2020, that the new version of Form I-9 (rev.10/21/2019) would be available for use on January 31, BUT employers can still continue to use the prior effective version of the Form I-9 (rev. 07/17/2017N) through April 30, 2020.   This announcement basically …

Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration

The H-1B process for fiscal year 2021 presents employers and their legal counsel with a variety of new timing and process challenges in addition to potential cost savings.  The major change of note will be the insertion of a new registration process, which will be imposed starting on March 1, 2020 and ending on March …

Visa Reciprocity Fees and E-2 Visa Adjudications – Targets for Change in 2020

Change is a constant in immigration visa adjudications and drastic changes can be implemented from one day to the next without much, if any, notice.  For example, the reciprocity fees for the nonimmigrant visas for Australian citizens changed drastically on December 23, 2019.[1]  For example, for E-1 and E-2 treaty trader/investor visas, the application fee …