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) …
The End of the 2019 Public Charge Final Rule
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. …
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Employer Tips for the Fiscal Year 2022 H-1B Cap Registration Process
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 …
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THE PERM PUZZLE: Putting the Pieces Together Toward a Successful Labor Certification 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 …
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 …
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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 …
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Immigration 2021: A New Administration, A New Beginning?
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. …
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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 …
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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, …
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