H-1B Registration Developments
It’s official, almost. Implementation of the new H-1B filing process for 2020 is fast approaching and more details have been released. DHS published a notice in the Federal Register on January 9, 2020,...
View ArticleThe Facts on the COVID-19 European Travel Ban
Last Wednesday night, President Trump issued a proclamation restricting direct travel from the European “Schengen” Region to the United States. There has been some confusion about the nature of the...
View ArticleInternational Travel Update
Additional Restrictions: The United Kingdom and the Republic of Ireland have been added to the list of countries subject to travel restrictions....By: Anna Scully
View ArticleH-1B Employees Working Remotely
There are many COVID-19 challenges facing employers in the current environment, including how to properly handle H-1B employees working from home or another remote work location. There are special...
View ArticlePresident Signs New Executive Order Restricting Immigration
On April 22, 2020, President Trump signed an Executive Order restricting immigration to the United States with the stated intent of protecting U.S. citizens from job competition and preserving medical...
View ArticleTravel Restrictions Expanded to Include Brazil
On May 24, 2020, President Trump issued a proclamation restricting travel from Brazil, which now has the second-highest number of confirmed coronavirus cases after the United States. The restrictions...
View ArticleUSCIS to Resume Premium Processing
On May 29, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced the phased resumption of Premium Processing. Premium Processing allows employers to obtain expedited decisions on certain...
View ArticleLatest Executive Order Restricts Work Visas
On June 22, 2020, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. Just two months earlier, on April 22,...
View ArticlePresident Amends Proclamation to Tighten Restrictions on Certain...
As discussed in our previous post, the White House recently issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. The...
View ArticleImmigration Update: New Restrictions For International Students
The Student Exchange Visitor Program (SEVP) announced July 6, 2020 that the flexibility granted to nonimmigrant students in F-1 or M-1 status to continue their studies online due to the COVID-19 crisis...
View ArticleLabor & Employment E-Note - July 2020
Spotlight - Wrongfully Convicted of Murder, Tennessee Board of Parole Recommends Adam Braseel to be Exonerated - On June 24, 2020, The Tennessee Board of Parole voted unanimously to recommend that Gov....
View ArticleRelief For Employees With Approved Employment Authorization
COVID-19 has affected nearly all areas of immigration, including the speed at which the United States Citizenship and Immigration Services (“USCIS”) is able to produce the Employment Authorization...
View ArticleFederal Court Bars Government from Enforcing Presidential Proclamation’s...
Earlier this year, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas through at least December 31, 2020...
View ArticleDOL’s Second Try at Prevailing Wage Rule May Impact H-1B and Green Card Filings
After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers...
View ArticlePresidential Proclamation Restricting the Issuance of Certain H, J, and L...
On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was...
View ArticleSo Your Employee Wasn’t Selected in the H-1B Lottery… Now What?
On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process. Beginning April 1st, those selected were eligible to start filing. But what if your...
View ArticleFacts on Travel Restrictions Directed at the Republic of India
What Matters: Travel from India will be significantly limited by Presidential Proclamation effective Tuesday, May 4, 2021....By:
View ArticleAmerica’s Immigration System: President Biden’s First 100 Days
Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to...
View ArticleHealth Care E-Note - May 2021
Updated CDC COVID-19 Guidance - The CDC has updated its guidance regarding masking and physical distancing for fully vaccinated individuals. Once fully vaccinated, people can resume activities without...
View ArticleLabor & Employment E-Note - May 2021
Focus - America's Immigration System: President Biden's First 100 Days - Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing...
View ArticleRegional COVID-19 Travel Ban Exception Criteria Change
While the United States has seen a drastic drop in COVID-19 cases as vaccinations become more prevalent, other countries continue to see significant infection rates. Travel restrictions aimed at...
View ArticleLabor & Employment E-Note - June 2021
Focus - DOL Issues New COVID-19 Safety Rule for Healthcare Providers - OSHA's Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Most of the new requirements go...
View ArticleCorporate E-Note - June 2021
Resources - Effective Date Announced for New COVID-19 Safety Rule for Healthcare Providers - OSHA's Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Employers...
View ArticleDepartment of Labor Announces Updates Regarding Prevailing Wages For Certain...
On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United...
View ArticleCOVID-19 Vaccination Update for Green Card Applicants
Beginning October 1, 2021, United States Citizenship and Immigration Services (“USCIS”) will require COVID-19 vaccinations for all applicants applying for lawful permanent residence (i.e. green card)...
View ArticleVaccine-based U.S. Entry Restrictions to Replace Geographic COVID Travel Bans...
On October 25, 2021, President Biden announced plans to revoke the current country-by-country travel restrictions to the United States which have been in place since January 2020....By:
View ArticleCorporate E-note - December 2021
Resources - South Carolina Business License Reforms Go Into Effect January 1, 2022 - South Carolina businesses have historically been subject to business license taxes on their gross income that vary...
View ArticleUSCIS Expands Automatic Employment Authorization Extensions and Nonimmigrant...
Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some...
View ArticleTravel Ban Lifted for Southern Africa
Effective December 31, 2021, the United States began permitting noncitizen arrivals from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. A Presidential...
View ArticleH-1B Cap Registration Period Deadlines Announced for FY2023
Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle....
View ArticleDHS Requires Non-U.S. Individuals Entering the United States by Land or Ferry...
On January 22, 2022, the Department of Homeland Security (DHS) began requiring all non-U.S. individuals entering the United States by land or ferry across the U.S./Mexico or U.S./Canada borders to be...
View ArticleUSCIS Increases 180-day EAD Automatic Extension to 540 Days for Certain...
U.S. Citizenship and Immigration Services (“USCIS”) announced a Temporary Final Rule that will increase the 180-day automatic extension period for some Employment Authorization Documents (“EADs”) to...
View ArticleUSICS Continues Premium Processing Expansion Implementation
Since its introduction in 2001, the Premium Processing service offered by the U.S. Citizenship and Immigration Services (“USCIS”) has seen notable changes. Premium Processing was originally introduced...
View ArticleTemporary Waiver of “60 Day Rule” Signature Validity for Form I-693 Extended
U.S. Citizenship and Immigration Services (USCIS) recently announced an extension to its waiver of the civil surgeon signature validity requirement for Form I-693. Form I-693 is the Report of Medical...
View ArticleNew Public Charge Final Rule for Green Card Applicants Effective December 23,...
The Department of Homeland Security (DHS) recently issued a new “public charge” final rule that will go into effect December 23, 2022. The new rule will apply to all permanent residency (Green Card)...
View ArticleFY2024 H-1B Cap Registration Period Approaching
Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year 2024 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) is expected to...
View ArticleForeign National Layoffs Trigger Requirements and Present Opportunities
It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than...
View ArticleFY2024 H-1B Cap Registration Period to Open March 1st, 2023
USCIS recently announced the annual registration period for the FY2024 H-1B cap will open at noon (ET) on March 1, 2023, and remain open until noon (ET) on March 17, 2023. Registration is an annual...
View ArticleSmall Change in the Child Status Protection Act Will Have Significant Impact...
On February 14, 2023, U.S. Citizenship and Immigration Services (USCIS) made a small change in the Child Status Protection Act (CSPA) that will have a significant impact on the lives of many immigrant...
View ArticleNew CDC COVID-19 Test Requirement for Air Passengers from China, Hong Kong,...
In implementing its first new COVID-19 travel restriction in months, the U.S. Centers for Disease Control and Prevention (CDC) recently issued guidance requiring all persons traveling from mainland...
View Article[Video] The Burr Morning Show April 2023 - The Pregnant Workers Fairness Act
On this recording of the Burr Morning Show webinar, Matthew T. Scully discussed the new employer obligations for accommodating workers with limitations related to pregnancy or childbirth....By:
View ArticleDHS Advances Remote I-9 Document Pilot Program for Non-E-Verify Employers
Last month, DHS announced E-Verify employers would be eligible to utilize an alternative remote document verification procedure when completing Section 2 of Form I-9, starting August 1, 2023. Only a...
View ArticleUSCIS to Revert to 180-day EAD Automatic Extension Starting October 26, 2023
On May 4, 2022, the Department of Homeland Security (“DHS”) issued a rule temporarily increasing the Employment Authorization Document (“EAD”) automatic extension period for certain renewal applicants....
View ArticleEmployment Authorization Documents Associated with Adjustment of Status Now...
In an effort to address the ongoing Employment Authorization Document (more commonly known as an “EAD”) processing backlog, USCIS recently announced it would lengthen the maximum validity period for...
View ArticleRevised I-9 Becomes Mandatory November 1, 2023
United States Citizenship and Immigration Services (USCIS) has instituted a revised Form I-9 that is mandatory for all employers, starting November 1, 2023. USCIS announced the new version in August,...
View ArticleDomestic Visa Renewal Could Return in 2024
The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to...
View ArticlePlanning Ahead for Foreign National Holiday Travel
Foreign nationals often coordinate travel abroad to coincide with the holidays. December can be one of the busiest times of year for visa processing at U.S. Consulates and Embassies abroad. Here are a...
View ArticleFiscal Year 2024 H-1B Lottery Limits Reached
United States Citizenship and Immigration Services (USCIS) recently announced all available visas in the Fiscal Year 2024 H-1B lottery program have been utilized. Each year, 65,000 H-1B visas are...
View ArticleReady, Set, Go . . . H-1B FY2025 Lottery Registration Dates Announced with...
Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year (FY) 2025 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) recently...
View ArticleEarly Visa Extension Filings Could Save Employers Money as USCIS Increases...
Cost increases due to inflation have become a norm over the last two years, and immigration fees are no exception. USCIS announced that effective April 1, 2024, fees for certain immigration benefits...
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