As many businesses continue to operate remotely in response to COVID-19, U.S. Immigration and Customs Enforcement (“ICE”) has once again extended the ability of employers to remotely verify a new employee’s identify and employment authorization documents for Form I-9 purposes through March 31, 2021.
Read MoreThe Department of State (DOS) has issued its February 2021 Visa Bulletin. Both employment-based and family-based priority dates are detailed below.
Read MoreIn an ongoing effort to curb the spread of COVID-19, President Biden has issued a Proclamation, which maintains the restriction on travelers from Brazil, Ireland, the Schengen Area, and the United Kingdom (excluding overseas territories outside of Europe). The previous administration had planned on lifting these travel restrictions on January 25.
Read MoreWithin hours of his inauguration on January 20, 2021, President Biden took several important steps to reverse the previous administration’s restrictive immigration measures. As detailed below, President Biden signed several critical Executive Orders, released a summary of immigration legislation (the U.S. Citizenship Act of 2021) he will present to Congress, and put a hold on all regulations the previous administration tried to implement after his election but before he formally took office.
Read MoreThe Department of Labor is once again trying to change the formulas by which it calculates the prevailing wages for H-1B, H-1B1, E-3 and PERM. The DOL has released an advance copy of its new final rule that would make changes to the computation of prevailing wage levels. The final rule is currently pending publication in the Federal Registrar and is expected to take effect 60 days after it is published. However, it is likely that this effective date will be further extended as President-Elect Biden's transition team has indicated that his administration will issue a memorandum on January 20, delaying implementation of regulations issued since the election but not yet effective.
The Department of Homeland Security (DHS) is changing the way the annual H-1B lottery is conducted so that priority is given to registrations with the highest wage level. This final rule will be published on January 8 (tomorrow), and take effect 60 days thereafter on March 9, 2021.
Read MorePresident Trump has extended the ban on admitting certain immigrants and temporary workers to the United States from December 31, 2020, until March 31, 2021. According to his most recent Proclamation, the basis for the extension is the ongoing levels of high unemployment caused by the COVID-19 pandemic.
Earlier this week, the government decided to seek dismissal of its own appeal in the litigation over the US Citizenship and Immigration Services’ plan to dramatically increase its filing fees. The proposed fee increase had been scheduled to take effect on October 2, 2020, but was stopped by a federal court in late September. This interesting move by the government signals a positive change in the agency’s stand on immigration.
Read MoreThe Department of State (DOS) has issued its January 2021 Visa Bulletin. Both employment-based and family-based priority dates are detailed below.
Read MoreFor the eighth month in a row, as employers and employees continue to take physical distancing precautions in response to COVID-19, U.S. Immigration and Customs Enforcement (“ICE”) announced that they have extended the ability of employers to remotely verify a new employee’s identify and employment authorization documents for Form I-9 purposes through January 31, 2021, provided the employer continues to have its employees working remotely.
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