From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 24, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
On April 30, 2021, the President issued another Proclamation suspending entry into the United States of nonimmigrants and noncitizens who were physically present within the Republic of India during the 14-day period preceding their attempted entry into the United States. These restrictions take effect at 12:01 am EDT on May 4, 2021 and remain in … Continue Reading
On Wednesday, February 24, 2021, President Biden issued a Proclamation removing one of the few remaining major Trump COVID-era Visa Bans. The move repeals Presidential Proclamation 10014, which was set to expire after March 31, 2021, and temporarily paused the issuance of immigrant visas. President Biden justified the action by explaining that the ban “harms … Continue Reading
U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25, 2021. USCIS intends to notify selected registrants by March 31st and permit filings from April 1, 2021.… Continue Reading
The following is a summary of the President’s three new immigration-related executive orders issued on February 2, 2021: Executive Order on the Establishment of Interagency Task Force on the Reunification of Families The first executive order creates an interagency task force, presided by the Secretary of Homeland Security, to reunify parents and children separated by … Continue Reading
With the stroke of a pen, President Biden immediately commenced the deconstruction of the Southern Border wall and several other immigration policies of the prior administration, including the pre-Covid travel bans. Here is a summary of the President’s immigration-related executive actions issued during his first days in office. Revoking the Pre-Covid Travel Bans Entitled Presidential … Continue Reading
The Department of Homeland Security (DHS) published a Final Rule, which, if left intact, will implement major changes to the H-1B visa program. The new rule would do away with the random lottery system currently used to issue the annual quota of 85,000 new H-1B visas and replace it with a selection system weighted to … Continue Reading
Presidential Proclamations 10014 and 10052 have been extended through March 31, 2021. The two proclamations, which suspend U.S. entry and visa issuance for many immigrant and nonimmigrant visa applicants outside the U.S., were set to end after December 31, 2020. Possible extensions were the subject of internal deliberations at the White House leading up to … Continue Reading
On Wednesday, October 28, 2020, the Department of Homeland Security (DHS) announced another proposed change to the H-1B visa program. The new rule would do away with the random lottery system currently used to issue the annual quota of 85,000 H-1B visas and replace it with a new lottery system weighted to favor applications with … Continue Reading
It’s been a frenetic October and we’re still in the first week. Here is a quick summary of significant developments in U.S. Immigration just within the past few days. Federal District Court Issues Preliminary Injunction Halting Implementation of Nonimmigrant Visa Ban On October 1, 2020 Judge Jeffrey S. White of the District Court for the … Continue Reading
The Final Rule A final rule was published in the Federal Register on August 3, 2020, which considerably increases USCIS’ fees and makes other changes to immigration benefits. DHS originally announced a proposed rule in November 2019; however, the final rule differs in certain aspects from the original proposal. Under the final rule, the fee … Continue Reading
On August 12, 2020, the U.S. State Department issued new guidance (“State Department Guidance”) on parameters for National Interest Exceptions to Presidential Proclamation 10052. As our previous post outlined, Proclamation 10052 suspended U.S. entry for certain nonimmigrants on H-1B (specialty occupation), H-2B (temporary workers), L-1 (intracompany transferees), and J-1 (exchange visitors participating in the intern, … Continue Reading
On August 3, 2020, President Trump signed an Executive Order (“Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” hereafter “Executive Order”) calling for a broad review of the government’s use of visa holders and outsourcing across its extensive government contracting networks. The White House announced that the Executive Order is, at … Continue Reading
As expected, President Trump signed a presidential proclamation (“Suspension of Entry of Immigrants and Nonimmigrants who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak” hereafter “Nonimmigrant Proclamation”) extending the duration of his prior suspension of immigrant visas (for those entering the U.S. permanently) and … Continue Reading
The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) recently announced another extension, through July 19, 2020, of its COVID-19 temporary policy of deferring the physical presence requirements associated with Form I-9 compliance in relation to hiring and re-verifying certain remote employees. However, within days of announcing this reprieve for employers, DHS … Continue Reading
On June 18, 2020, the U.S. Supreme Court ruled that the Trump administration’s attempt to end Deferred Action for Childhood Arrivals (DACA) fell short of the legal requirements for ending such a broad executive program. The Court held that the U.S. Department of Homeland Security’s (DHS) effort to terminate DACA was “arbitrary and capricious” and … Continue Reading
USCIS announced on May 29, 2020 that it will resume premium processing for Form I-129, Petition for Nonimmigrant Workers and Form I-140, Immigrant Petition for Alien Workers, in stages during the month of June. Premium Processing Service has been suspended since March 20, 2020 due to the coronavirus pandemic (COVID-19). Premium processing provides expedited processing … Continue Reading
On May 29, 2020, the President issued a proclamation blocking certain nationals of the Peoples Republic of China (PRC) from entering the United States in F-1 or J-1 nonimmigrant status in order to study or conduct research. The proclamation takes effect on June 1, 2020 at 12:00 pm (EDT) and remains in effect until terminated … Continue Reading
The Trump administration announced an expansion of its COVID-19 travel ban to include those seeking to enter the U.S. from Brazil. The new Proclamation issued on Sunday, May 24, 2020, bars all non-U.S. citizens who have been physically present in Brazil during the 14-day period prior to entering or attempting to enter the United States. … Continue Reading
Two days after teasing a temporary halt to US immigration, on April 22, 2020, President Trump issued the first of what may be multiple Presidential Proclamations aimed at stemming US immigration in response to the COVID-19 pandemic. The Proclamation, which is more limited than many expected, centers on a 60-day US entry ban for certain … Continue Reading
USCIS has suspended in-person services from March 18, 2020, until at least April 1, 2020, to help mitigate the spread of COVID-19. During this period, the agency will not conduct in-person adjustment of status or naturalization interviews, naturalization ceremonies, or Application Support Center biometrics appointments. USCIS field offices will send cancellation notices to applicants with … Continue Reading
Just three days after issuing a Proclamation expanding the scope of the temporary travel (entry) bans, due to the global outbreak of the SARS-CoV-2 virus (COVID-19), which restricted entry and travel to the United States of foreign nationals (immigrants or nonimmigrants) who were physically present within the European Schengen Area, President Trump’s Proclamation now includes … Continue Reading
President Trump has issued another Presidential Proclamation expanding the scope of two previously issued travel bans suspending entry of immigrants and nonimmigrants into the United States, subject to certain exceptions detailed below, due to the global outbreak of the SARS-CoV-2 virus (also referred to the as the coronavirus disease 2019 or“COVID-19”). This Proclamation, entitled, Suspension … Continue Reading
United States Citizenship and Immigration Services (“USCIS”) recently issued a new version of its Form I-9, Employment Eligibility Verification, which is used to verify the employment authorization and identity for all employees in the United States. Although employers may now begin to use the new version, which has a 10/21/2019 version date on the bottom, … Continue Reading
