U.S. Land Border Reopens to Non-Essential Vaccinated Travelers November 8

Monday, November 8, marks a reopening of international air travel for vaccinated foreign nationals as well as entry to the United States (U.S.) via the land border for non-essential vaccinated foreign visitors due to a recent announcement by the U.S. Department of Homeland Security (DHS).  This change marks the first time since March of 2020 …

COVID-19 Vaccinations Required for Green Card and Immigrant Visa Medical Exams Starting October 1, 2021

Beginning October 1, 2021, COVID-19 vaccinations will be required for all immigrant visa applicants in the United States and abroad who receive their medical examination from a Civil Surgeon (U.S.) or a Panel Physician (abroad) on or after October 1, 2021. This new requirement is according to recent instructions issued by the Centers for Disease …

 Department of State Extends NIE Validity Providing Relief for Travelers

To reduce the backlogs of National Interest Exception (NIE) applications required by the Presidential Proclamations (Proclamations) regarding travel from designated countries to the U.S. due to the pandemic, the U.S. Department of State  (DOS) announced on July 6, 2021, that it will extend the validity period of NIEs from 30 days to 12 months from …

Remote Work Policy: Immigration and Post-COVID

As employers make adjustments to incorporate Remote Work Policies in a post-COVID world, employers with a foreign workforce must also carefully consider antiquated immigration rules for their Work from Home (WFH) workforce. Of all the nonimmigrant work visa sponsorships, the H-1B category is the most restrictive on worksite location and movement. The same strict rules …

President Proclamation 10052 Times Out: Now What for Nonimmigrant Visa Applicants?

April 1, 2021 marked the beginning of consular processing at U.S. consulates and embassies throughout the world without the restrictions imposed on certain nonimmigrant visa processing under Presidential Proclamation 10052, which went into effect on June 24, 2020 during the Trump administration (PP 10052).[1]  The legal bases cited for the imposition of PP10052 were §212(f) …

Immigration Update: Biden Administration Takes Action

The Biden Administration appears to have addressed some of its promises on U.S. immigration policy by issuing a memorandum entitled “Memorandum and Presidential Proclamations” on January 20, 2021, the first day of his administration. We shared in our recent December 2020 blog post, Immigration 2021: A New Administration, A New Beginning?, an update on what …

COVID-19 Travel Restrictions Shelf Life Update (Through Jan. 1, 2020)

On December 31, 2020, President Trump extended Proclamations 10014 and 10052 noted in this article until March 31, 2021 with a requirement to review the proclamations for modifications every 30 days by the Secretaries of Homeland Security, State, and Labor. In the proclamation issued on December 31, 2020, President Trump continued to invoke economic conditions …

Immigration 2021: A New Administration, A New Beginning?

For the last 4 years, U.S. immigration law and policy has been in the spotlight with numerous Presidential Proclamations, Executive Orders, and rapid policy changes as well as regulations, which have resulted in a long-lasting ripple effect on U.S. employers and its foreign workforce.  These changes have resulted in numerous challenges in court through litigation. …

USCIS Extends Recognition of Validity of Employment Authorization Approval Notices for Form I-9 Completion

On November 23, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a welcome announcement in light of ongoing delays by the agency to adjudicate employment authorization documents (EADs). This announcement extends the acceptance of an I-797 Notice of Action for approval of an employee’s I-765, Application for Employment Authorization, as a List C, item #7 …

All Aboard the U.S. Immigration Merry-Go-Round!

It’s becoming clichéd at this point to start off saying that 2020 has been an almost unbelievably, non-stop, surprise-filled year, in nearly all aspects of our lives. That’s particularly true for US immigration, but not necessarily only because of the COVID-19 pandemic and its effects on business and the economy. On top of the pandemic, …