The Form I-94, Arrival/Departure Record is a document U.S. Customs and Border Protection (CBP) issues to all persons entering the United States except U.S. citizens, returning Legal Permanent Residents, and immigrant visa holders. It is important that nonimmigrants keep track of their I-94 record because it controls how long they can remain in the United States. For nonimmigrant workers, CBP officers typically issue an I-94 to match the period of immigration status approved by U.S. Citizenship and Immigration Services (USCIS). However, there are instances where an I-94 will be ...
Over the past year, several Presidential Proclamations have restricted travel to the United States by foreign nationals physically present in China, Iran, the Schengen Region, the United Kingdom, Ireland, Brazil, South Africa, and India during the fourteen-day period prior to U.S. entry. The travel restrictions were put into place as a measure to prevent further spread of COVID-19. Those subject to the regional travel restrictions were required to obtain a National Interest Exception ("NIE") from the Department of State ("DOS") each time they planned to enter the United States ...
While the United States has seen a drastic drop in COVID-19 cases as vaccinations become more prevalent, other countries continue to see significant infection rates. Travel restrictions aimed at curbing the spread of COVID-19 remain in place. Currently, foreign nationals who have been present in China, Iran, India, Brazil, South Africa, the Schengen region, the United Kingdom, or Ireland within fourteen days of attempting entry into the United States will generally be refused. In order to avoid disruptions, businesses employing foreign nationals on H, L, O, and other temporary ...
Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system. Inasmuch as immigration affairs remained at the forefront under the previous administration, America’s immigration system continues to be a pressing topic for the Biden administration. President Biden has taken various actions and positions on key immigration issues, many of which could significantly impact businesses that regularly ...
On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process. Beginning April 1st, those selected were eligible to start filing. But what if your employee was not selected? Even without an H-1B selection, there are numerous options still available so businesses can continue to employ valuable foreign national workers.
Optional Practical Training (“OPT”)
Foreign national college students seeking to gain practical experience in their field of study have the opportunity to apply for twelve months of work authorization in the ...
On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire on December 31, 2020, but the Trump Administration extended the effective date through March 31, 2021. PP 10052 was implemented as a measure to protect workers in the United States amid high unemployment rates caused by the COVID-19 pandemic. As a result, many foreign nationals were prevented from applying for a visa to enter and work in the United States ...
On January 25, 2021, Presidential Proclamation (PP) 10143 extended PP 9993, which had suspended certain travel from those physically present in the Schengen Area and other countries since March 2020. PP 10143 restricts entry into the U.S. for non-U.S. citizens physically present in certain countries (Schengen Area, United Kingdom and Ireland, Brazil and South Africa) for the 14-day period prior to U.S. entry. The PP initially included a limited number of national interest exceptions (NIE) to the travel ban for certain technical experts and specialists, senior-level managers ...
Since its 2012 inception, the Deferred Action for Childhood Arrivals ("DACA") program has survived various lawsuits challenging its constitutionality as well as an attempt by the Department of Homeland Security ("DHS") to rescind the program. Despite its checkered history, DACA looks poised to continue into the future after the Biden administration recently issued an Executive Order directing the Attorney General to "take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA."
DACA provides protection from removal as well as work ...
From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the same during the Biden administration. After the November elections, comprehensive immigration reform and a path to citizenship for DACA beneficiaries are suddenly back on the political agenda. Here are the top five immigration expectations employers should have over the next four years.
- H-4 EAD is Here to Stay: Despite being in a constant state of flux over the ...
After federal courts blocked their first attempt in December, the U.S. Department of Labor ("DOL") recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an H-1B visa or green card. The DOL issued the rule on January 14, 2021 with an effective date of March 15, 2021. The DOL announced the new rule just six (6) days before the Biden administration took office. The increased wages will go into effect in a staggered manner between the effective date of the rule on July 1, 2024. The new rule could significantly impact the strategy ...