Business Immigration Articles

Business Immigration Articles

DHS Extends Flexibility Policy Allowing Virtual Inspection of I-9 Documents to December 31, 2021 1920 1280 Michele Franchett
  • Michele Franchett

DHS Extends Flexibility Policy Allowing Virtual Inspection of I-9 Documents to December 31, 2021

On August 31, 2021, DHS announced it is extending the temporary policy deferring the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (“I-9 Flexibility Policy”) for employees hired on or after April 1, 2021, and working exclusively in a remote setting due to COVID-19-related…

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Presidential Proclamation 10199 Bans Entry of Certain Nonimmigrants Present in India 1280 905 Barbara Stone

Presidential Proclamation 10199 Bans Entry of Certain Nonimmigrants Present in India

In light of the surging COVID-19 infections in India, President Biden has authorized a travel ban for certain nonimmigrants present in India. Specifically, beginning May 4, 2021, the entry of nonimmigrants who have been present in India during the 14 days preceding their entry to the United States is prohibited under Presidential Proclamation 10199, “Suspension…

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Presidential Proclamation 10052 Banning Entry of H, L, and J Visas Holders Expires 1920 1282 Barbara Stone

Presidential Proclamation 10052 Banning Entry of H, L, and J Visas Holders Expires

The U.S. Department of State has confirmed that Presidential Proclamation 10052, which banned the admission of foreign nationals issued H, L, and J nonimmigrant visas, expired as of March 31, 2021. Former President Trump issued this proclamation during the early days of the COVID-19 pandemic. However, regional COVID-19 related travel bans as well as consular…

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President Biden Revokes COVID-19 Related Immigrant Visa Ban But Leaves in Place Other Travel Bans 849 565 Barbara Stone

President Biden Revokes COVID-19 Related Immigrant Visa Ban But Leaves in Place Other Travel Bans

On February 24, 2021, President Biden issued an order revoking Presidential Proclamation 10014, which had banned the issuance of immigrant visas to most foreign nationals. Former President Trump issued Presidential Proclamation 10014 on April 22, 2020 during the early days of the COVID-19 pandemic. It prevented the entry into the United States of individuals with…

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USCIS Will Accept FY2022 H-1B Cap Registration Selections Beginning March 9, 2021 1000 559 Barbara Stone

USCIS Will Accept FY2022 H-1B Cap Registration Selections Beginning March 9, 2021

USCIS has announced that the online registration for new H-1B petition filings for FY2022 will open between March 9, 2021 at 12pm EST until 12 pm EST on March 25, 2021. Beginning March 25, USCIS will randomly select registrations and send selection notifications electronically. The agency has also stated that it intends to notify all…

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DHS Issues Onerous Final Rule Amending H-1B Lottery Process But Implementation May Be Challenged or Suspended 849 565 Barbara Stone

DHS Issues Onerous Final Rule Amending H-1B Lottery Process But Implementation May Be Challenged or Suspended

On January 8, 2021, the U.S. Department of Homeland Security (“DHS”) published a final rule entitled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” which is scheduled to go into effect on March 9, 2021. The new regulation amends how U.S. Citizenship and Immigration Services (“USCIS”) conducts the H-1B cap lottery…

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Federal Judge Invalidates DOL Rule that Substantially Increased Wage Levels for H-1B Employees 1920 1440 Barbara Stone

Federal Judge Invalidates DOL Rule that Substantially Increased Wage Levels for H-1B Employees

On December 1, 2020, the U.S. District Court for the Northern District of California issued a favorable decision that substantially benefits U.S. employers who employ H-1B workers.  Specifically, the court’s decision in Chamber of Commerce, et al. v. Department of Homeland Security, et al. prevents the Department of Labor (DOL) from implementing its new rule…

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