Immigration

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced they would again extend flexibility relating to in-person Form I-9 compliance.

On May 18, 2021, the U.S. Department of State (DOS) updated its interpretation of the requirements for acquisition of U.S. citizenship at birth as provided by the Immigration and Nationality Act (INA).

This alert reviews the Department of State’s updated guidance, issued March 2, 2021, on the National Interest Exception (NIE) waiver to the COVID-related travel ban affecting individuals traveling to the US from the Schengen Area, the U.K. and Ireland.

This alert advises caution regarding international travel and covers the CDC’s January 26, 2021 order on COVID-19 testing, current travel bans and their exemptions and waivers, visa processing, and additional notes on entry into the US.

U.S. Citizenship and Immigration Services (USCIS) will be suspending biometric screening requirements for H-4, L-2, E-1, E-2, and E-3 dependent visa holders for two years beginning May 17, 2021.

Although no official announcement was made, U.S. Customs and Border Protection (CBP) is now recommending that Canadian TN and L applicants schedule an appointment to present their applications when entering the United States at a Buffalo area border crossing.

The immigration alert outlines a new process announced by USCIS that will allow some F-1 students seeking optional practical training (OPT) to file Form I-765, Application for Employment Authorization, online.

On October 5, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced a 10 federal government working day period in which employers will need to take action within E-Verify on Tentative Non-confirmations (“TNCs”) by either referring the case to the Social Security Administration and/or the U.S. Department of Homeland Security (DHS) or closing the case.

Read about the expiration of a nonimmigrant visa ban that restricted the entry of H-1B, H-2B, L-1, and certain J-1 travelers into the United States.

This alert covers March 30, 2021 updates from U.S. Citizenship and Immigration Services (USCIS) on the H-1B cap registration process, including details about the H-1B cap lottery and the status of registrations.

On March 9, 2021 the Department of Homeland Security (DHS) announced that it will no longer enforce the Public Charge rule that took effect on February 24, 2020. This alert provides background on the rule and reviews who is impacted by the change.

Read about USCIS’s E-Verify, a web-based system that allows enrolled employers to confirm their newly hired employees’ eligibility to work in the US.

Read about President Joe Biden’s termination of the U.S. entry ban on new immigrants, or “green card” holders, implemented by the Trump administration in April 2020.

Read about USCIS’s announcement that the online registration period for H-1B quota selection for Fiscal Year 2022 will run from March 9 at noon ET through March 25 at noon ET. USCIS Announces H-1B Registration Period March 2021 H-1B Cap

Read about USCIS’s decision to delay implementation of the rule introducing wage-weighted priority into the H-1B lottery selection system until December 31, 2021.

On his first day in office, President Joseph Biden sought to end a series of discriminatory travel bans set forth by the previous administration. President Biden focused his initial presidential actions on returning to this country’s tolerant and welcoming principles and values, the traditional American sentiment laid out in the inscription on the Statue of Liberty itself.

The alert discusses a Department of Labor regulation, effective July 2021, which will significantly increase prevailing wage requirements — affecting how employers determine appropriate prevailing wages for H-1B, H-1B1, and E-3 workers as well as PERM applicants.