Immigration

On December 15, 2021, USCIS and ICE announced they again extended flexibility relating to in-person Form I-9 compliance. This flexibility allows employers whose entire workforce is working remotely to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) and section 274A of the Immigration and Nationality Act. In addition, it applies to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.

Read about a Biden administration proclamation, issued on December 28, 2021, revoking the travel ban for individuals who had been present in eight countries in Southern Africa.

This immigration alert reviews a Dec. 14, 2021 DOL final rule rescinding a January 2021 ruling that would have increased prevailing wages for H-1B, H-1B1, and E-3 petitions and PERM Labor Certification applications.

This alert covers the Biden administration’s ban on travel to the US for individuals who have been present in a number of countries in southern Africa within the past 14 days.

This alert discusses USCIS policy changes for H-4, L-2, and E-1, E-2, and E-3 visa holders, following a DHS settlement of litigation regarding the validity of L-2 and H-4 Employment Authorization Document (EAD) cards. 

This alert covers USCIS’s November 19, 2021 announcement that it has selected an additional 16,753 registrations in a third lottery for the FY 2022 H-1B cap.

This alert outlines a November 10, 2021 DHS announcement of policy changes that will benefit H-4 and L-2 employees, who have experienced employment disruptions due to USCIS processing delays.

Read Mintz’s guide to U.S. travel bans and travel requirements, including the Biden administration’s recent requirement for inbound international travelers to the U.S. to test for COVID-19 within one day of flight departure or present documentation of recovery from COVID-19.

The H-1B quota continues to be oversubscribed, and last year saw a record number of H-1B registration submissions, which resulted in low selection rates. Advance planning is required for H-1B cap candidates. This webinar discussed strategies for contingency planning for employees who are not selected in the cap lottery.

Read about the October 25, 2021 Presidential Proclamation confirming that it will end all COVID-19 travel bans on Monday, November 8 and how this policy change will impact nonimmigrant travelers to the U.S.

The U.S. Department of Justice (“DOJ”) Office of Public Affairs issued a press release two days ago, October 19, 2021, announcing a settlement with Facebook involving their recruiting practices to qualify foreign nationals for permanent residence (green card) status in the U.S. This settlement involves a civil fine of $4.75 million payable to the U.S. government, plus an additional payment of up to $9.5 million to eligible victims. This settlement ends a lawsuit filed by DOJ against Facebook in December of 2020.

The Mintz Immigration Practice focused on the evolving immigration landscape and the anticipated changes to US immigration policies as of October 2021 in this 30-minute session.

This alert covers the White House’s September 20, 2021 announcement that it is revamping travel restrictions for international travelers entering the US. Beginning in early November, country-specific travel bans will be replaced by a policy based on vaccination status and COVID-19 testing.

This alert discusses the USCIS’s requirement, as of October 1, for any applicant for immigration categories requiring the immigration medical examination to be fully vaccinated against COVID-19.

On Monday, August 9, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced that applicants filing for permanent resident status may also apply for a Social Security number or replacement card as part of their adjustment of status application process.

This alert covers a USCIS settlement regarding lengthy delays in processing of Employment Authorization Document (EAD) applications for individuals in F-1 student status.

On Thursday, July 29, 2021, U.S. Citizenship and Immigration Services (USCIS) announced the results of a second H-1B cap lottery. The agency selected an additional number of H-1B registrations from the original submissions, which occurred during the registration period from March 9 to March 25, 2021.

This alert discusses the US State Department’s July 6, 2021 announcement that National Interest Exceptions (NIEs) to the COVID-related travel ban are now valid for 12 months — up from 30 days — and that multiple entries are permitted.

This alert provides information about USCIS’s new, official policy updates to be included in its Policy Manual, which examiners use to adjudicate eligibility for immigration benefits.