The White House recently announced that travel restrictions for all international travelers entering the United States by air will change in early November 2021. Since 2020, several Presidential Proclamations have instituted regional COVID-19 travel bans by restricting travel to the United States for international travelers physically present in China, Iran, the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa, and India during the fourteen-day period prior to U.S. entry with limited exceptions. With holiday travel fast approaching, the White House will ...
Beginning October 1, 2021, United States Citizenship and Immigration Services (“USCIS”) will require COVID-19 vaccinations for all applicants applying for lawful permanent residence (i.e. green card) with some exceptions. Specifically, all green card applicants who receive their medical examination from a designated civil surgeon/panel physician (“Physician”) on or after October 1, 2021 must complete the COVID-19 vaccine series and provide documentation of vaccination. This change will impact applicants who have their Physician complete Form I-693 ...
On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” would go into effect on October 8, 2020. The rule would have amended the regulatory scheme used to calculate prevailing wages for foreign workers being sponsored for an employment-based Green Card through the PERM process as well as the H-1B, H-1B1, and E-3 nonimmigrant visa programs. In effect, the rule would have resulted in significant increases to the mandatory ...
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 ...