Restriction on travelers from India will take effect on May 4, 2021; US land borders will remain closed until May 21, 2021.
In response to surging COVID-19 cases in India, President Biden issued a proclamation this afternoon (April 30), banning travelers into the United States from India effective May 4, 2021 at 12:01 AM EST. Travelers on flights en route to the US from India that departed before 12:01 AM on May 4, 2021, will not be subject to the restriction.
The growing cases of COVID-19 abroad has also resulted in Customs and Border Protection (CBP) extending the prohibition on “non-essential travel” at its land borders with both Canada and Mexico for an additional 30 days through May 21, 2021.
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USCIS Resumes Deference to Prior Approvals for Extension Petitions
USCIS has just released guidance that the agency will resume its previous practice of adjudicating extension petitions with deference to the initial approval where the parties and facts are the same. This is welcome news as processing times for extension petitions have grown dramatically over the last few years from a couple of months to six to ten months.
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May 2021 Visa Bulletin Released
The Department of State (DOS) has issued its May 2021 Visa Bulletin. Both employment-based and family-based priority dates are detailed below.
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DHS Extends Option for Remote Verification of Form I-9 to May 31, 2021
For employers who continue to operate remotely, 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 May 31, 2021.
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U.S. Land Borders Remain Closed to Non-Essential Travel
The Department of Homeland Security (DHS) has announced that Customs and Border Protection (CBP) will continue to limit “non-essential travel” at its land borders with both Canada and Mexico for an additional 30 days through April 21, 2021, due to the Covid-19 pandemic.
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DOL Further Delays Changes to Prevailing Wage Calculations
The Department of Labor is postponing changes to the way it will calculate prevailing wages for the H-1B, H-1B1, E-3 and PERM by an additional 18 months. This new proposal would delay the effective and transition dates by an additional 18 months until November 14, 2022 and January 1, 2023, respectively.
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April 2021 Visa Bulletin Released
The Department of State (DOS) has issued its April 2021 Visa Bulletin. Both employment-based and family-based priority dates are detailed below.
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Burmese Nationals Now Eligible for Temporary Protected Status
The recent military coup in Burma has deepened the humanitarian crisis in the country, preventing Burmese nationals and habitual residents from returning home safely. In light of the ongoing violence in Burma, the Biden administration has decided to grant Temporary Protected Status to nationals of Burma currently residing in the US for a period of 18 months.
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Public Charge Rule No Longer in Effect
We are delighted to report that USCIS will no longer apply the new rules for determining whether a foreign national is at risk of becoming a “Public Charge” effective March 9, 2021.
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Temporary Protected Status Announced for Venezuelans
Due to the ongoing humanitarian crisis in Venezuela, which has been amplified by the pandemic, the Biden administration has decided to grant Temporary Protected Status to nationals of Venezuela for a period of 18 months beginning March 9, 2021.
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