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 …

Consular Application Challenges – Be Wary of the DS-160

All applicants for a U.S. nonimmigrant visa at a consular post quickly become familiar with the DS-160, online nonimmigrant visa application form, which is available on the Consular Electronic Application Center (CEAC) website.  The form may seem fairly innocuous and many employers leave employees to fend for themselves to obtain their “visa stamp” from the …

Visa Waiver Program (VWP) Travel Challenges – Don’t Forget!

What is the VWP?  The VWP is administered by the Department of Homeland Security (DHS) in consultation with the State Department.  Currently, the program permits citizens of 38 countries[1] to travel to the United States (U.S.) for business or tourism purposes for up to 90 days without a visa, which is a major convenience.  In …

Doubling Down on Public Charge to Deny Immigration Applications

The concept of a public charge ground of inadmissibility[1] has been a part of immigration law for more than a century and the current statutory provision [§212(a)(4)] of the Immigration and Nationality Act, as amended (INA), has not been changed.  Yet,  based on a proposed regulatory change published by the Department of Homeland Security (DHS) …

USCIS Announces $10 Fee for H-1B Electronic Registration – Does this Apply for FY 2021 (April 2020)?

USCIS is moving forward with a plan to implement a preliminary registration system for cap-subject H-1B petitions that will drastically change the H-1B visa filing process employers have used for years. On September 3, U.S. Citizenship and Immigration Services (USCIS) posted a notice about its proposed rulemaking for its electronic H-1B implementation tool, which would …

Welcome New Treaty Trader and Investors from New Zealand and Israel

New Zealand and the KIWI Act Recently, Mission New Zealand for the U.S. Department of State posted the announcement that as of June 10, 2019, citizens and businesses of New Zealand will be able to apply for E-1 Treaty Trader and E-2 Treaty Investor visas to invest in and trade with the United States (U.S.).  …