Immigration Insights & Issues Blog
Key legal insights into modern immigration challenges.
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 …
Continue reading “U.S. Land Border Reopens to Non-Essential Vaccinated Travelers November 8”
U.S. Citizenship and Immigration Services (USCIS) released a number of important updates in September of 2021. Four of the most significant updates include COVID-19 vaccination requirements for immigrant medical examination, extension of flexibility for responding to agency requests, lockbox filing location updates, and expansion of USCIS’ credit card payment pilot program. COVID-19 Vaccination Requirement for Immigration …
Any corporate immigration program must consider what documents to retain, how long to retain them, and where to store them. In an era of increased inter-agency cooperation, a heightened focus on compliance, and an increasingly mobile workforce, it is important for a company to review its document retention practices. There are three primary types of …
Continue reading “Corporate Immigration Compliance: Dealing with Document Retention”
On June 9, the Office of the Director of United States Citizenship and Immigration Services (USCIS) issued three Policy Alerts (PAs), which continue a trend by USCIS to insert (hopefully) more reason and justice in adjudications by the agency. The PAs were issued on the following issues: Increasing the validity period of employment authorization card …
Continue reading “USCIS June Policy Alert Trio Provides Some Love to Beleaguered Applicants”
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”
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 …