In Sanchez v. Mayorkas, 593 U.S. ____(June 7, 2021), the U.S. Supreme Court resolved the circuit split on whether a grant for temporary protected status (TPS) authorizes eligible noncitizens to adjust status to lawful permanent resident even if they entered the United States unlawfully – the Court held that it
Articles Discussing Employing Immigrants.
The Department of Homeland Security will no longer be collecting civil financial penalties for noncitizens who fail to depart from the United States. Secretary Alejandro Mayorkas announced that “[t]here is no indication that these penalties promoted compliance” and that the penalties were “ineffective and unnecessary punitive measures.”
The fines for
By June 1, 2021, Department of Homeland Security (DHS) had received more H-2B visas petitions than the allotted 16,000 slots for returning workers. A lottery will be conducted to determine which petitions will be accepted for processing.
DHS announced in April that it will release 22,000 more H-2B visas for
Amy Peck discusses the implications of U.S. Immigration and Customs Enforcement (ICE) extending its I-9 verification flexibility in the wake of COVID-19 and best practices for ensuring compliance in “Form I-9 Remote Review Extended Through Summer 2021,” published by SHRM.
Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland Security (DHS) in defending the H-4 EAD rule.
In 2014, the Obama Administration published the H-4
By tweet, the Department of Homeland Security announced an extension of the travel restrictions at the Northern and Southern land and sea borders until June 21, 2021. These borders have been closed to “non-essential” travel since March 2020 due to COVID-19. According to the restrictions:
Individuals are not admitted
Based on the Centers for Disease Control and Prevention’s (CDC) updated guidance, USCIS is opening its doors to “unmasked,” “fully vaccinated” people.
According to USCIS’ new visitor policy:
Fully vaccinated people (those who are at least two weeks out from a dose of a single-dose vaccine or the second
ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021.
Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form I-9 documents virtually, over video link, by fax or via email. In April
The Department of Homeland Security has announced that it will be extending Haitian Temporary Protected Status (TPS) for 18 months, until November 2022. It also has officially set out the application procedures for Burmese TPS, which the Secretary of DHS announced in March 2021, but had not yet issued implementing
The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work visa cases, as well as for PERM cases, is delayed to November 14, 2022. The Biden Administration
The Biden administration is breathing life into the International Entrepreneur Rule (IER). It has announced that the IER will be launched anew, because it will “strengthen and grow our nation’s economy through increased capital spending, innovation, and job creation.”
Although there were stops and starts, the IER was never actually
On March 31, 2021, the Trump administration’s Proclamation 10052, which had suspended the entry of certain H-1B, H-2B, J, and L nonimmigrant visa holders and their dependents to the United States, expired. In addition, on February 24, 2021, the Biden administration lifted Proclamation 10014, which had suspended the entry of
On May 3, 2021, U.S. Citizenship and Immigration Services’ (USCIS) acting associate director of the Service Center Operations Directorate, Connie L. Nolan, indicated in a court filing that USCIS is finalizing a policy that will temporarily suspend the requirement to submit biometrics for certain individuals filing Form I-539, Application to
President Joe Biden’s American Citizenship Act of 2021, introduced in Congress in February, would provide large-scale immigration reform. But it will be difficult to pass such a comprehensive bill.
The last time comprehensive immigration reform made it through Congress was in 1986, during the Reagan Administration (although another, smaller bill
Early in the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) authorized U.S. employers with employees who are taking physical proximity precautions to remotely inspect identity and work authorization documents when completing Form I-9, Employment Eligibility Verification, rather than review original documents in person.