United States Citizenship and Immigration Services (USCIS) recently announced that, effective October 1, 2021, applicants for permanent residence (i.e., green card applicants) who are “subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete … [the] examination and sign Form I-693, Report of Medical Examination and Vaccination Record.” USCIS stated that this requirement “applies prospectively to all Forms I-693 signed by the civil surgeons” on or after October 1, 2021.
Effective October 1, 2021, and in compliance with new instructions from the U.S. Centers for Disease Control and Prevention (CDC), COVID-19 vaccinations will be required for applicants for lawful permanent residence (i.e., green card status). On August 17, 2021, the CDC announced in guidance for civil surgeons that the new requirement will apply to persons who are seeking to adjust their immigration status within the United States as well as those applying for an immigrant visa at U.S. consulates abroad.
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.
Following the UK’s withdrawal from the European Union and, therefore, the end of free movement, there have been questions as to how and when a postgraduate visa would be available to help international students currently studying in the UK. In September 2019, the UK government announced plans for a post-study work visa for international students as part of a new points-based immigration system.
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, and other essential activities while taking critical steps to protect [U.S.] citizens and to curb spread of the virus.”
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.
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 85,000 H-1B visas under the regular cap and 20,000 H-1B visas under the advanced degree or “U.S. master’s” cap. Accordingly, out of the 308,613 registrations submitted for the FY 2022 cap lottery, USCIS made 87,500 selections.
On June 29, 2021, the U.S. Department of State extended the period of validity for national interest exceptions (NIE) for travelers entering the United States from an area subject to ongoing COVID-related travel bans.
The United Kingdom is operating a traffic light system for foreign travel, and what passengers must do upon arrival in England depends on where they have been in the 10 days before they arrive.
The Government of Canada has announced the first phase of its plan to ease border restrictions for travelers entering Canada. Under the new policy, travelers whose vaccination status meets the criteria of “fully vaccinated” will be exempt from quarantine restrictions, mandatory hotel stays pending test results, and day-eight testing, provided all conditions are met.
United States Citizenship and Immigration Services (USCIS) has released data showing the total number of annual H-1B lottery registrations received for the upcoming fiscal year (FY) 2022. Under the electronic registration process, now in its second year of operation, petitioning employers were already aware of the annual quota (“cap”) being met, with registration selection notices being released in late March 2021. Yet, many employers were eagerly awaiting verification of the total registrations received by USCIS for the upcoming fiscal year.
The first part of this two-part blog series focused on the Biden administration’s first 100 days and reviewed the administration’s legislative plans. The second part of the series addresses policy developments occurring at the executive branch agencies and independent agencies.
April 30, 2021, marked President Joe Biden’s 100th day in office, and his administration has wasted little time advancing its policy priorities. At this moment, the administration is focusing most of its attention on repealing much of the policy accomplishments of the previous administration but can be expected to advance its own proposals in short time. Additionally, Democrats in the U.S. House of Representatives are looking for ways around the U.S. Senate’s legislative filibuster in order to advance their ambitious legislative agenda. Below is a very brief outline of the major labor and employment legislative actions of President Biden’s first 100 days.
U.S. Embassy Moscow recently announced plans to reduce its consular workforce by 75 percent and significantly reduce its consular services. The announcement comes in response to the Russian government’s move to ban the U.S. Embassy “from employing foreign nationals in any capacity,” actions taken in retaliation to new U.S. sanctions imposed over Russia’s alleged interference in the 2020 U.S. presidential election, and the country’s involvement in the computer hack of top U.S. government agencies.
On April 19, 2021, the Biden administration extended travel restrictions along the land ports of entry between the United States and Canada and the United States and Mexico through May 21, 2021. The border restrictions were set to expire on April 21, 2021. The restrictions, which have been in effect since March 21, 2020, specifically prohibit all “non-essential” travel at these land ports of entry to prevent the spread of COVID-19.
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 certain immigrant visa holders through March 31, 2021. Despite these policy developments, applicants for nonimmigrant work visas and immigrant visas can still expect continued delays in obtaining visas due to COVID-19–related issues.
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 Extend/Change Nonimmigrant Status.
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.
On April 30, 2021, the Biden administration issued a proclamation that implements restrictions for travelers from India, due to concerns regarding COVID-19. Pursuant to the proclamation, noncitizens who have been physically present in India within 14 days of travel to the United States will be barred entry, unless eligible for an exception. The restrictions are scheduled to take effect on May 4, 2021, at 12:01 am eastern daylight time.
On April 27, 2021, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance “instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.” This USCIS policy update reverts back to a long-standing policy originally established in 2004.
Over the past three months, the Biden administration has expanded immigration benefits for foreign nationals on humanitarian grounds. Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) are two such humanitarian benefits that permit certain foreign nationals to live and work in the United States with government-issued employment authorization documents.
The ongoing COVID-19 pandemic has resulted in numerous presidential proclamations restricting travel and entry into the United States. Likewise, since the pandemic began, the criteria for “national interest exceptions” (NIEs) has also evolved. On March 2, 2021, the U.S. Department of State issued updated criteria for NIEs relating to certain travelers from the Schengen Area, United Kingdom, and Ireland. Given the frequency of the changes, it can be difficult to track the current state of these matters. The following information is a summary of the latest updates with regard to U.S. travel restrictions.
On March 18, 2021, the Biden administration extended ongoing travel restrictions along the United States-Canada and United States-Mexico land ports of entry through April 21, 2021. The restrictions, which were previously set to expire on March 21, 2021, prohibit all “non-essential” travel from entering the United States to prevent the spread of COVID-19. These restrictions have been in effect since March 21, 2020.
On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed the initial H-1B regular cap and master’s cap selection process for fiscal year (FY) 2022. This is the second year that USCIS has used an electronic preregistration system to conduct the random selection lottery. According to the agency’s press release, USCIS has sent notifications to registrant employers and their representatives about selection results.
On March 22, 2021, the U.S. Department of Labor (DOL) proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.”
On March 9, 2021, the U.S. Department of Homeland Security (DHS) announced that the Biden administration would no longer enforce the 2019 public charge rule implemented by the Trump administration.
On February 26, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it was offering additional flexibility for international students affected by the delayed issuance of receipt notices for Form I-765, Application for Employment Authorization. USCIS had previously acknowledged that it was “experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility,” and, in particular, “significant delays” for Form I-765 applications relating to F-1 students.
On February 24, 2021, the Biden administration issued a proclamation immediately revoking the prior administration’s Proclamation 10014 of April 22, 2020, that blocked individuals from entering the United States on immigrant visas.
On February 24, 2021, United States Citizenship and Immigration Services (USCIS) announced it would expand premium processing services to include change of status or extension of status petitions for E-3 nonimmigrant visa classification. This expanded premium processing option went into effect immediately.
On February 24, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it reached the H-2B cap for the second half of fiscal year (FY) 2021. The cap was officially reached on February 12, 2021.