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 …

PERM 101: Employment Verification Letters

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 …

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 …

USMCA Implemented: What North American Companies Need to Know on Immigration

On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) entered into force and replaced the North American Free Trade Agreement (NAFTA) that governed continental trade for more than two and a half decades.  While the new agreement includes key upgrades in areas such as digital trade and intellectual property to reflect the 21st Century economy, …

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 …

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 …

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. …

New Form I-9 Version Announced – Must Be Used May 1

US Citizenship and Immigration Services (USCIS) announced in the Federal Register on January 31, 2020, that the new version of Form I-9 (rev.10/21/2019) would be available for use on January 31, BUT employers can still continue to use the prior effective version of the Form I-9 (rev. 07/17/2017N) through April 30, 2020.   This announcement basically …