Immigration

The immigration alert outlines a new process announced by USCIS that will allow some F-1 students seeking optional practical training (OPT) to file Form I-765, Application for Employment Authorization, online.

On October 5, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced a 10 federal government working day period in which employers will need to take action within E-Verify on Tentative Non-confirmations (“TNCs”) by either referring the case to the Social Security Administration and/or the U.S. Department of Homeland Security (DHS) or closing the case.

Read about the expiration of a nonimmigrant visa ban that restricted the entry of H-1B, H-2B, L-1, and certain J-1 travelers into the United States.

This alert covers March 30, 2021 updates from U.S. Citizenship and Immigration Services (USCIS) on the H-1B cap registration process, including details about the H-1B cap lottery and the status of registrations.

On March 9, 2021 the Department of Homeland Security (DHS) announced that it will no longer enforce the Public Charge rule that took effect on February 24, 2020. This alert provides background on the rule and reviews who is impacted by the change.

Read about President Joe Biden’s termination of the U.S. entry ban on new immigrants, or “green card” holders, implemented by the Trump administration in April 2020.

Read about USCIS’s E-Verify, a web-based system that allows enrolled employers to confirm their newly hired employees’ eligibility to work in the US.

Read about USCIS’s announcement that the online registration period for H-1B quota selection for Fiscal Year 2022 will run from March 9 at noon ET through March 25 at noon ET. USCIS Announces H-1B Registration Period March 2021 H-1B Cap

Read about USCIS’s decision to delay implementation of the rule introducing wage-weighted priority into the H-1B lottery selection system until December 31, 2021.

On his first day in office, President Joseph Biden sought to end a series of discriminatory travel bans set forth by the previous administration. President Biden focused his initial presidential actions on returning to this country’s tolerant and welcoming principles and values, the traditional American sentiment laid out in the inscription on the Statue of Liberty itself.

The alert discusses a Department of Labor regulation, effective July 2021, which will significantly increase prevailing wage requirements — affecting how employers determine appropriate prevailing wages for H-1B, H-1B1, and E-3 workers as well as PERM applicants.

DHS published the final rule to replace the current USCIS H-1B lottery process based on a random selection with a wage-based selection process.

On December 31, 2020, President Trump signed a Presidential Proclamation extending to March 31, 2021 the restrictions on entry of H, L and J nonimmigrants into the United States, and entry of new immigrant visa holders.

On December 15, 2020, United States Citizenship and Immigration Services (USCIS) announced that it is still experiencing delays in issuing receipt notices for filed petitions and applications.

On November 18, 2020, The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced they would again extend flexibility relating to in-person Form I-9 compliance.

As the COVID-19 pandemic and related restrictions continue, many who have endured long separations from home and family are eager to travel as the holidays approach. Everyone considering holiday travel is urged to carefully consider the risks and be fully aware of how ongoing conditions may impact travel.