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 …

Important Update on Recent DHS and DOL Rule Changes to the H-1B Program

On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in connection with an industry group lawsuit against both the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The judge found that both Departments failed to properly follow standard U.S. legal procedures governing …

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 …

2020 USCIS I-9 Guidance Round-Up

As a result of the ongoing COVID-19 global pandemic, employees continue to work from home in record numbers, and employers continue to scramble to adjust their business operations and employee relations policies to accommodate the so-called “new normal”. Following-up on our earlier news about the US Department of Homeland Security’s (DHS) odd relaxation of certain …

Corporate Restructuring and its Potential Impact on H-1B Workers

Facing the financial distress caused by the COVID-19 pandemic, many companies may be contemplating corporate restructuring. With all of the considerations surrounding a corporate merger, acquisition, or spin-off, often the last item on an executive’s mind is the impact of corporate restructuring on its foreign national workforce. While business motives may be at the forefront …

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, …

I-9 Covid Employment Verification Compliance: ICE announces continuance of I-9 compliance flexibility

On September 14, 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of its flexibility provisions related to Form I-9 compliance, which ICE granted earlier this year. The extended flexibility requirements are intended to address situations in which employers’ entire operations are being conducted remotely due to Covid-19 concerns.  The Department of Homeland Security …

USCIS Fees Set to Change on October 2, 2020

On August 3, 2020, the Department of Homeland Security (DHS) issued a final rule that makes sweeping changes to the U.S. Citizenship and Immigration Services (USCIS) fee schedule.  It also removes certain fee exceptions, alters premium processing time limits, and mandates the use of new forms, among other changes. The rule is scheduled to take …

USCIS Accommodation on I-9 Completion Due to Its Inability to Issue Timely EAD Cards

On August 20, 2020,  United States Citizenship and Immigration Services (“USCIS”) announced that due to Covid-19 and because of its long delays in producing Employment Authorization Documents, Form I-766 (“EAD”) cards, that it would permit employees to present  a Form I-797, Notice of Action, Approval Notice to prove work authorization for their Form I-9, Employment …