U.S. Land Border Reopens to Non-Essential Vaccinated Travelers November 8

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 …

Facebook Discrimination Settlement and the Future of PERM Recruitment

Employers who wish to sponsor foreign national employees through the PERM Labor Certification process should take special note of the settlement agreements announced by Department of Justice (DOJ), Civil Rights Division, Immigrant and Employees Rights Section (IER) and Department of Labor (DOL) last week. These settlement agreements are connected to the U.S. worker discrimination suits …

COVID-19 Vaccinations Lead to November 8 Reopening of U.S. to Foreign Travelers and Land Border Restriction Modifications

According to various news reports, a White House official stated that foreign travelers subject to the various travel bans will be able to enter the U.S. as of November 8 without obtaining a National Interest Exception (NIE) due to their presence in restricted countries in the fourteen days before planned travel to the U.S., if …

Key September USCIS Process Updates

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 …

Corporate Immigration Compliance: Dealing with Document Retention

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 …

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 …

 Department of State Extends NIE Validity Providing Relief for Travelers

To reduce the backlogs of National Interest Exception (NIE) applications required by the Presidential Proclamations (Proclamations) regarding travel from designated countries to the U.S. due to the pandemic, the U.S. Department of State  (DOS) announced on July 6, 2021, that it will extend the validity period of NIEs from 30 days to 12 months from …

USCIS June Policy Alert Trio Provides Some Love to Beleaguered Applicants

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 …

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 Issues New I-9 Guidance for Employees with DACA Work Authorization

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 …