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 …
Top Five Useful FAQs provided by the U.S. Department of Labor in response to the COVID-19 Pandemic
The current public health crisis surrounding COVID-19 has led to a number of uncertainties for foreign nationals and their employers and compliance challenges. To address some of these concerns, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) released three rounds of frequently asked questions (FAQs) responding to questions about COVID-19 and …
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 …
Critical COVID-19 Guidance for Certain Foreign Workers
The ever-changing impact of the evolving COVID-19 pandemic is making it extremely difficult for employers to plan what to do with their foreign worker populations right now. DW Immigration stands ready to help! Here below we summarize some critical pieces of immigration information from the various government agencies and our related guidance, as it stands …
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AM I AN ESSENTIAL TRAVELER BETWEEN CANADA AND THE U.S. OR MEXICO AND THE U.S.?
On March 24, 2020, the U.S. Department of Homeland Security (DHS) provided formal notices in the Federal Register of an earlier Trump Administration order, which limited travel between Canada and the U.S. as well as Mexico and the U.S. at land ports-of-entry, and ferries service effective March 20, 2020, 11:59 p.m. through April 20, 2020, …
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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 …
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DHS Increases H-2B Cap and Grants 35,000 Supplemental Visas for Second Half of 2020
In response to an extraordinary demand for seasonal labor, the U.S. Department of Homeland Security (DHS) announced on March 5, 2020 that it will increase the number of H-2B visas available for temporary nonagricultural workers by 35,000 for the second half of fiscal year 2020, allocating 20,000 visas for start dates beginning April 1, and …
Employer Tips Part 2: Updates on the FY 2021 H-1B Cap Registration Process
Kathleen Campbell Walker’s January 21, 2020 article titled, “Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration,” introduced employers to the new H-1B cap process for fiscal year 2021. Since then, U.S. Citizenship and Immigration Services (USCIS) conducted several webinars and provided additional insight on the H-1B registration tool and electronic registration process. …
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