U.S. Citizenship and Immigration Services (USCIS) recently announced the initial registration period for the fiscal year (FY) 2023 H-1B cap will open at noon EDT on March 1, 2022 and run through noon EDT on March 18, 2022. This occurs one week earlier than last year. This registration process will not apply to H-1B transfers (between employers) or extensions of status applications. It will only impact new H-1B visas subject to … Continue Reading
Due to the limited capacity to adjudicate visa applications during the COVID-19 pandemic, the Department of State (DOS) announced the extension and expansion of its nonimmigrant visa interview waiver program through Dec. 31, 2022. Currently, U.S. consular officers may waive the in-person interview requirement for applicants who are renewing any type of nonimmigrant visa in … Continue Reading
As we previously posted last month, the United States is rescinding and replacing the geographic COVID-19 travel bans with new proof of vaccination requirements for all international travelers. These new requirements will pertain to those entering the U.S. via air, sea or across the land border with Canada or Mexico. As reported by numerous news … Continue Reading
After much anticipation, the White House announced plans to rescind the geographic COVID-19 travel bans and modify restrictions on all international travelers to focus on proof of vaccination. In place of the travel bans and beginning in early November, international travelers will be required to prove they have been fully vaccinated against COVID-19, as well … Continue Reading
Over the last two years, we’ve seen the Home Office try its best to re-boot Tier 1 of the Points Based System. It has introduced the Start-Up visa for those wanting to set up an innovative business in the UK, the Innovator visa (similar to the Start-Up visa but with the possibility of applying for … Continue Reading
According to a new policy from the U.S. Centers for Disease Control and Prevention (CDC), effective October 1, 2021, the COVID-19 vaccine is included on the list of vaccines required for applicants to obtain lawful permanent residence (aka “green card”). Under the Immigration and Nationality Act (INA), section 212(a)(1)(A)(ii), foreign nationals to be found admissible … Continue Reading
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 July 26, 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
Those who have been dealing with immigration matters for some time will remember the old Tier 1 (Post Study Work) visa (PSW). It was a lifeline to overseas students who couldn’t find work right away after finishing their degree/masters/PhD in the UK and so it was an unwelcome change when the Home Office closed the … Continue Reading
Following our blog a few weeks ago, the Home Office has this week confirmed that the ability to carry out adjusted right to work checks will now remain in place until 20 June 2021 (inclusive). The temporary measures introduced from 30 March last year have meant that instead of having to have sight of original … 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
As a result of the restrictions in place due to the COVID-19 pandemic, employers have faced challenges in carrying out right to work checks, which usually require in-person sight of the individual’s original passport or biometric residence permit. Thankfully these challenges were acknowledged early on by the Home Office which introduced temporary measures on 30 … Continue Reading
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 March 22. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we … Continue Reading
So we hear by Twitter on Thursday last week that from the crack of dawn on Saturday just gone, “high-value business travellers” are partially exempt from self-isolation requirements when entering or returning to England. A number of media, arts and sports roles have been granted an exemption also. “Conditions apply”, it said, and so they … 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
Please join Gregory A. Wald, Samuel J. Mudrick and Luisa E. Koidl for a webinar on Wednesday, April 29, 2020 at 11 a.m. EDT/8 a.m. PDT discussing the latest developments and impact of the President’s Executive Order suspending certain aspects of US immigration, travel restrictions and related processing challenges in the transition to a post-COVID-19 world. Hot-button issues of … Continue Reading
On March 20, 2020, the Department of Homeland Security (DHS) announced it would exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) in relation to hiring and re-verifying employees. Prior to this announcement, DHS policy required employer representatives to conduct the I-9 verification process in person, examining an employee’s … Continue Reading
Effective March 21, 2020, the United States entered into joint initiatives with Canada and Mexico to restrict travel across the land borders with each country. All non-essential travel across the US-Canada and US-Mexico borders is temporarily restricted. The restrictions are to remain in place for 30 days subject to review by each of the respective … 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
By Presidential Proclamation, dated January 31, 2020 and effective on February 2, 2020 at 5pm EST, the United States is suspending the entry of “foreign nationals who pose a risk of transmitting the 2019 novel coronavirus.” As a result, foreign nationals (of any nationality), other than immediate family of U.S. citizens, permanent residents and certain … Continue Reading
On 9 September 2019, the UK government announced changes to the Immigration Rules, which go on for nearly 100 pages. Read a summary of the key changes of most direct relevance to employers, sponsors and recruiters, and view the full Statement of Changes online. In addition to these changes, there has been another important and very … Continue Reading
The EU Settlement Scheme designed to protect the rights of EU, EEA and Swiss citizens and their families already resident in the UK by 31 December 2020 is based on the citizens’ rights section of the UK government’s Withdrawal Agreement with the EU. However, the Withdrawal Agreement has been considered and rejected by the House … Continue Reading
As part of the UAE government’s policy to provide job opportunities to UAE nationals in the private sector, representatives from Tas’heel (the UAE Ministry of Labour’s online service center) have confirmed that the Ministry of Human Resources and Emiratisation (MOHRE) has introduced a requirement for all onshore employers to interview any suitably skilled local nationals … Continue Reading