Immigration Insights & Issues Blog
Key legal insights into modern immigration challenges.
Before filing an I-140 petition for an employee beneficiary, petitioning employers brave a seemingly endless obstacle course, spending several months filing a prevailing wage determination (“PWD”) application, complying with a tedious recruitment process, and finally, awaiting certification of the PERM (ETA 9089). Once the PERM is certified, the petitioner can finally petition for the permanent …
Continue reading “PERM 101: Employment Verification Letters”
In January 2021, United States Citizenship and Immigration Services (USCIS) issued new I-9 guidance regarding the completion of Form I-9 for certain employees working pursuant to the Deferred Action for Childhood Arrivals (DACA) Program. The new guidance specifically addresses the situation where an employee presents an unexpired Employment Authorization Document (EAD) with category code of …
Continue reading “USCIS Issues New I-9 Guidance for Employees with DACA Work Authorization”
In response to President Biden’s executive order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” U.S. Citizenship and Immigration Services (USCIS) issued a new policy on April 27, 2021, effective immediately, directing officers to “generally defer to prior determinations of eligibility when adjudicating petition extensions involving the …
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) …
Beware the Ides of March? Not in 2021. Spring has brought the immigration world some welcome relief. USCIS announced this month that the much-maligned Form I-944, Declaration of Self-Sufficiency, will no longer be required. The 2019 Public Charge Final Rule will no longer be applied to applicants for permanent residence as of March 9, 2021. …
Continue reading “The End of the 2019 Public Charge Final Rule”
U.S. Citizenship and Immigration Services (“USCIS”) introduced a new H-1B cap process for fiscal year (FY) 2021. In its webinars conducted on February 23, 2021 and February 24, 2021, USCIS confirmed that the H-1B cap process for FY 2022 will be substantially the same as the process introduced for FY 2021, and provided additional insight …
Continue reading “Employer Tips for the Fiscal Year 2022 H-1B Cap Registration Process”
Introduction The Perm Labor Certification process can be described as various pieces of a puzzle being identified and carefully positioned, with the end goal of forming a full picture in the smoothest and most efficient manner possible. Multiple steps, strategies and methodologies are implemented to complete the puzzle with all pieces properly assembled. Although the …
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 …
Continue reading “Immigration Update: Biden Administration Takes Action”
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 …
Continue reading “COVID-19 Travel Restrictions Shelf Life Update (Through Jan. 1, 2020)”
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. …
Continue reading “Immigration 2021: A New Administration, A New Beginning?”