In June 2021, the U.S. Chamber of Commerce released the America Works Report, which is based on an analysis of more than 20 years of federal jobs and employment data. Among the findings is that there are approximately half as many available workers for every open job and the ratio continues
Articles Discussing Employing Immigrants.
Alert for Employers of Conditional Permanent Residents: Receipt Notices Now Valid for 24 Months
Effective September 4, 2021, USCIS permits the receipt notice given to Conditional Permanent Residents for the Petition to Remove Conditions (Form I-751 or Form I-829) to serve as evidence of lawful immigration status for travel and employment for twenty-four months from the date of issue. Prior receipt notices extended the period of validity for either one year or eighteen months. Conditional Permanent Residents with pending Petitions to Remove will be issued new two-year receipt notices.
ICE: I-9 Flexibility to Continue Through 2021
Once again, at the last moment, ICE has extended “flexibility” for I-9 employment verification. This time, for four more months, until the end of the year, December 31, 2021, due to continuing COVID-19 precautions.
Employees hired on or after April 1, 2021, who work exclusively in a remote setting are
Immigration and Labor Shortages
The effects of the COVID-19 pandemic are far reaching. The labor shortage plaguing America has been one of the most publicized. Why is it so difficult for some employers to find employees? The 2020 United States Census offers possible reasons: an aging population, decreased fertility rates, and low rates of
Uncertain Fate of H-1B Modification Rule
Approximately 27,000 additional Cap H-1B cases were selected in a second-round lottery for fiscal year 2022. The selected petitions must be filed by November 3, 2021. In the meantime, litigation challenging the validity of the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions Rule (Modification Rule),
Transmission of Citizenship to Children Born Abroad Through Assisted Reproductive Technology
A non-genetic, non-gestational legal parent of a child born through assisted reproductive technology (ART) outside of the United States may transmit U.S. citizenship to the child under certain circumstances, U.S. Citizenship and Immigration Services (USCIS) Director Ur Mendoza Jaddou has announced.
Director Jaddou, the first woman to be appointed to
Tougher E-Verify Enforcement
E-Verify is moving toward tougher enforcement, which can result in a temporary termination from participation in the E-Verify program.
Early in the COVID-19 pandemic, E-Verify relaxed some of its standards regarding Tentative Nonconfirmation (TNCs). But, by November 2020, E-Verify stopped allowing extensions and began enforcing its usual timing requirements.
Employers
Update on Northern and Southern Border Travel Restrictions
In a tweet on August 20, 2021, the Department of Homeland Security announced that:
“To minimize the spread of COVID19, including the Delta variant, the United States is extending restrictions on non-essential travel at our land and ferry crossing with Canada and Mexico through September 21, while continuing to ensure
USCIS Ombudsman Annual Report Highlights Challenges, Including COVID-19 Pandemic
One of the themes of this year’s USCIS Ombudsman Annual Report is that the agency has been through “a year like no other.” USCIS faced “unprecedented challenges.” With the COVID-19 pandemic came temporary office closures, reduced capacity, and budget cuts. This led to previously unseen levels of backlogs and deepening
USCIS Temporarily Extends Validity Period of Medical Examination Form I-693
On August 12, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it will temporarily extend the validity period for Form I-693, Report of Medical Examination and Vaccination Record, from the current two-year period to four years, due to processing delays related to COVID-19.
U.S. Travel Restrictions and Delayed Consular Operations Persist as Pandemic Continues
On July 22, 2021, the Biden administration extended travel restrictions affecting travel between U.S., Canadian, and Mexican land ports of entry until August 21, 2021. In so doing, the Biden administration confirmed that it is “maintaining cross-border activities with Canada and Mexico that support health security, trade, commerce, supply security,
I-9 Updates and USCIS Flexibility Extended in Response to Ongoing COVID-19 Pandemic
Effective June 1, 2021, U.S. Citizenship and Immigration Services (USCIS) has expanded and extended ongoing flexibility for employers complying with certain I-9 employment eligibility verification requirements due to ongoing issues caused by the COVID-19 pandemic.
USCIS Conducts Second Random Selection From Previously Submitted FY 2022 H-1B Cap Registrations
U.S. Citizenship and Immigration Services (USCIS) conducted an initial random selection for the fiscal year (FY) 2022 H-1B cap in March 2021, including for beneficiaries eligible for the advanced degree exemption. USCIS used historical data to estimate the number of registration selections required to meet the annual quota of approximately
USCIS Makes More Cap-Subject H-1B Selections, Technical Problems in Notice Access
USCIS made more random Cap H-1B selections on July 28, 2021. Notifications started to go out today – July 29, 2021. Due to a glitch in the USCIS system, attorneys do not yet have access to the notices (although some employers do). USCIS is aware of this technical problem and
Judge Again Finds DACA Program Illegal, Blocks New Applications, Allows Renewals
The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al.
Judge Hanen issued an injunction preventing the Department of Homeland Security (DHS) from accepting new DACA applications. However, recognizing the substantial
Social Profiles