Immigration Agencies Announce Their Regulatory Plans for the Coming Months
The Departments of Homeland Security, Labor and State have issued their new regulatory agendas, which set forth each agency’s rulemaking priorities and timelines for the coming months. The following summarizes key employment-based immigration items on the agencies’ agendas. The details of proposed…
Regulation to Expand USCIS Premium Processing Program Under Federal Review
Background This premium processing expansion was included in Emergency Stopgap USCIS Stabilization Act, signed into law on October 1, 2020. The law resulted in an immediate increase in the base fee for the existing program, to $2,500 from $1,440. It also…
Starting December 6, One-Day COVID Test Required for All International Air Travelers
Starting December 6, all inbound international airline passengers ages 2 and older, regardless of citizenship or vaccination status, will be required to submit a negative COVID test taken within one day of travel to the United States, in order to board their…
President Biden Issues New Regional COVID Public Health Travel Ban for Several African Countries In Response to Omicron Variant
In response to the Omicron COVID-19 variant, President Joseph Biden has issued a presidential proclamation imposing a COVID-19 public health travel ban which prohibits the immigrant and nonimmigrant entry of foreign nationals who have been physically present in the following Southern African…
House Passes Build Back Better Act with Immigration Relief and Fee Provisions
The U.S. House of Representatives today passed the Build Back Better Act (H.R. 5376), a budget reconciliation measure containing significant immigration relief and fee provisions. The bill now moves to the Senate for consideration. If enacted, the bill would create a…
USCIS Runs Third Lottery to Select More FY 2022 H-1B Cap Cases
Today, USCIS began notifying employers and their immigration counsel of the results of a third selection lottery for the FY 2022 H-1B cap. Employers withH-1B registrations selected in the third drawing will have from November 22, 2021 to February 23, 2022 to…
December 2021 Visa Bulletin
According to the State Department’s December Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows: EB-1: All countries, including India and China, will remain current.EB-2: India will advance by five months to May 1, 2012,…
USCIS Issues Policy Guidance on E, H-4, and L Spousal Work Authorization, Confirms that Auto-Extension of Spousal EADs Has Immediate Effect
In the wake of this week’s settlement in Shergill et al, v. Mayorkas, USCIS has issued policy guidance that sets forth its new spousal employment authorization policies and extends those policies to E spouses, in addition to the H-4 and L-2 spouses covered by the…
USCIS to Ease Work Authorization Process for Certain L-2 and H-4 Spouses
U.S. Citizenship and Immigration Services (USCIS) has agreed to change its policies concerning H-4 and L-2 employment authorization document (EAD) applications, according to a settlement agreement in a lawsuit that challenged the lengthy processing delays of H-4 and L-2 EAD…
COVID-19 Vaccination and Testing Requirements Take Effect Today for International Air Travelers
International air travelers are subject to new COVID-19 testing and vaccination rules, which replaced the United States’ longstanding regional COVID-19 travel bans at 12:01am EST today. The new requirements will apply to nonimmigrant air travel from anywhere abroad, including travel by air…
Reminder: FY 2023 Diversity Visa Lottery Registration Ends November 9
Registration for the Fiscal Year (FY) 2023 Diversity Visa (DV) lottery ends on Tuesday, November 9, 2021 at noon EST. Foreign nationals who wish to register for the FY 2023 DV lottery must submit their online registration forms and accompanying digital…
Starting November 8, Nonessential Travel Permitted for Fully Vaccinated Foreign Nationals Across Canada/Mexico Land Borders
Starting on November 8, 2021, the Department of Homeland Security (DHS) will allow foreign nationals to enter the United States through a Canada or Mexico land border or ferry terminal for “non-essential travel,” as long as they have been fully vaccinated with…
Effective November 8, Regional Travel Bans Rescinded, Replaced with COVID Vaccination Requirement for Nonimmigrant International Air Travel
President Biden has issued a presidential proclamation rescinding the existing regional COVID-19 travel bans effective November 8, 2021 at 12:01am EST, and imposing a COVID-19 vaccination requirement for foreign nationals seeking nonimmigrant entry to the United States after international air travel. The new vaccination…
U.S. Land Border Restrictions on Travel From Canada and Mexico Extended Through January 21, 2022; Restrictions to Lift for Fully Vaccinated in November 2021
U.S. Customs and Border Protection (CBP) will continue to implement the ban on “non-essential” travel across U.S. land borders and ferry travel with Canada and Mexico through January 21, 2022, according to a set of notifications to be published in the Federal Register. The restrictions were…
White House To Replace Regional COVID Travel Bans with Vaccination Requirement for All Foreign Nationals on November 8, According to Reports
It is being reported that a White House official has confirmed that on November 8, the White House will rescind the existing regional COVID-19 travel bans and instead implement a COVID-19 vaccination requirement for foreign national international air travel. This follows a late…
November 2021 Visa Bulletin
According to the State Department’s November Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows: EB-1: All countries, including China and India, will remain current.EB-2: China will advance by four and a half months to…
Starting in November, DHS to Replace Current Canada/Mexico Border Restrictions with COVID Vaccination Requirements
Starting in November 2021, the Department of Homeland Security (DHS) will implement a two-phase plan to allow foreign nationals to enter the United States through Canada and Mexico land border and ferry travel if they have been fully vaccinated with…
FY 2023 Diversity Visa Lottery Registration Opens Today
The State Department begins accepting online registrations for the Fiscal Year (FY) 2023 Diversity Visa (DV) lottery today, October 6, 2021 at noon EDT. Foreign nationals who wish to enter the lottery have until Tuesday, November 9, 2021 at noon EST…
Congress Passes Temporary Budget Funding Government Through December 3, Averting Government Shutdown
A temporary spending measure was passed by the U.S. Congress to fund the U.S. government – including immigration operations – through December 3, 2021 while Congress continues to debate the FY 2022 federal budget. The bill will now go to…
Croatians Eligible for Visa Waiver Program Starting December 1
Nationals of Croatia will be soon be eligible to apply for visa-free business or tourist visitor travel to the United States, the Department of Homeland Security announced today in coordination with the State Department. Starting no later than December 1, 2021, Croatia will…
DHS Proposes DACA Regulation, No Immediate Impact on DACA Beneficiaries
The Department of Homeland Security (DHS) is publishing a proposed regulation to establish the Deferred Action for Childhood Arrivals (DACA) program through the administrative process of notice and comment rulemaking. The proposed rule will be published in tomorrow’s Federal Register; an advance copy is…
USCIS Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals and Other Responses Through January 15, 2022
In its ongoing response to the COVID-19 pandemic, USCIS is further extending its 60-day deadline extension policy for responses to various agency actions to January 15, 2022. The accommodation will continue to be available to stakeholders responding to or filing the following: Requests for…
U.S. Land Border Restrictions on Travel From Canada and Mexico Extended Through October 21
U.S. Customs and Border Protection (CBP) will continue to implement the ban on “non-essential” travel across U.S. land borders and ferry travel with Canada and Mexico through October 21, 2021, according to a set of notifications to be published in the Federal Register. The restrictions were…
White House To Replace Regional COVID Travel Bans with Vaccination Requirement for All Foreign Nationals
The White House announced today that, starting in early November 2021, it will rescind the existing regional COVID-19 travel bans and instead implement a COVID-19 vaccination requirement for foreign national international air travel. With the rescission of the bans affecting foreign nationals…
Federal District Court Vacates DHS Regulation to Replace H-1B Cap Lottery with Wage Level Selection Process
U.S. District Judge Jeffrey S. White granted the U.S. Chamber of Commerce’s motion for summary judgment in the Chamber’s lawsuit challenging a regulation that would replace the current H-1B cap lottery system with a wage level prioritization system. The new…