Immigration

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Time To Play the Numbers:  H-1B Cap Registration Returns on March 1st (US)

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

US DOS Extends and Expands Visa Interview Waiver Eligibility; President Rescinds Latest Covid Travel Ban (US)

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

Update Regarding US COVID-19 Travel Restrictions

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

COVID-19 Travel Bans To Be Rescinded and Replaced with Vaccination Requirements (US)

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

COVID-19 Vaccination Will Become Mandatory for Most Green Card Applicants (US)

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

US Federal Labor Viewpoints – Week of July 26, 2021

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

President Biden Issues Proclamation Adding India to COVID-19 Travel Restrictions (US)

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

COVID-19: UK adjusted Right to Work checks end soon

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

US Federal Labor Viewpoints – Week of March 22, 2021

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

The “business executive” self-isolation exemption – no-score draw in commerce –v- public health clash (UK)

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

Feeling Lucky?: DHS Proposes Wage-Based Changes to its Annual H-1B Lottery (US)

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

WEBINAR April 29: COVID-19 to Post-COVID-19 – Immigration and Compliance Issues for US Employers

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

US Department of Homeland Security to Permit Flexibility Relating to I-9 Compliance for Hiring of Remote Employees

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

US Issues Joint Initiatives with Canada and Mexico Temporarily Restricting Travel Across Borders

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

Coronavirus Outbreak U.S. Travel Ban Update: UK and Republic of Ireland Added

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

Coronavirus Outbreak US Travel Ban Expanded To Include Europe Schengen Area

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

Employer Update: DHS Issues New Form I-9 with Mandatory Use by May 1, 2020 (US)

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

Travel Ban Updates: Temporary Ban of Foreign Nationals Traveling From Mainland China Per Novel Coronavirus Outbreak; Additional Countries Added To Travel Ban 3.0

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

UK Business Immigration Update – Changes to the Immigration Rules Announced

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 effect of no-deal on EU citizens already in the UK and new arrivals after 31 October 2019 (UK)

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

Stricter Emiratisation requirements in the UAE

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
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