- In response to stakeholder requests to raise the H-2B visa cap for the first half of fiscal year 2022, the Department of Labor noted that it reached the congressionally mandated cap of 33,000 H-2B visas on September 30, 2021.
- The Centers for Disease Control and Prevention issued an order, effective November 8, 2021, with requirements for air passengers two years of age and older boarding flights to the United States.
The House of Representatives’ 2,135-page draft budget reconciliation bill retains several immigration measures, including provisions paving the way for high-skilled scientists and engineers, and raising immigration-related fees.
The Internal Revenue Service has announced the 2022 cost-of-living adjustments (COLAs) for retirement plans. Most limits have increased.
The Federal Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) in the Federal Register requiring employers with 100 or more employees to issue and implement a written policy to ensure that their employees are fully vaccinated against the COVID-19 virus, or that they submit to regular testing for COVID-19 and wear specified face coverings when in the workplace.
New homebuyers often discover imperfections in their newly-constructed homes. Some of these imperfections are construction defects and others are simply part of the construction process. Homeowners may assume they have warranty coverage against construction defects, but they have often signed documents disclaiming or limiting warranty coverage.
- According to reports, the Biden administration announced on September 20, 2021, a major easing of pandemic travel restrictions that will allow fully vaccinated travelers to enter the United States beginning in November 2021.
- In response to the ongoing COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending certain flexibilities it originally announced in March 2020 to assist applicants, petitioners and requestors.
The lapse is hurting more than 32,000 stranded EB-5 investors, putting at least $15 billion in capital investment and more than 486,900 U.S. jobs in jeopardy.
- The Social Security Administration announced that non-U.S. citizens can apply for a Social Security number or replacement SSN card on the same forms used to apply for permission to work in the United States or for lawful permanent resident status.
- The U.S. Government Accountability Office issued a new report examining U.S. Citizenship and Immigration Services’ efforts to reduce its pending caseload, which has increased by 85 percent in recent years.
A U.S. district court judge vacated a final rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.”
- U.S. embassies and consulates are using a tiered approach to triage immigrant visa applications based on the category of immigrant visa as they expand processing.
- The DOS has authorized consular officers through the end of 2021 to expand the categories of F, M and “academic J visa applicants” whose applications can be adjudicated without an in-person interview in their consular district of residence.
- The Department of State’s Visa Bulletin for October 2021 includes information on potential movement in visa availability for the next several months.
- U.S. Citizenship and Immigration Services updated its “approximate” cap count for H-2B visas for fiscal year 2022.
- USCIS is extending the time during which receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.
- The continuing resolution to keep the federal government open until December 3, 2021, was passed by Congress and signed into law by President Biden on September 30, 2021.
- U.S. District Judge Amit Mehta ordered the Biden administration to hold 7,395 diversity visas for lottery winners who were still awaiting processing when fiscal year 2021 ended and the visas were set to expire.
- Following a U.S. district court ruling in Texas, the Department of Homeland Security proposed a new rule on Deferred Action for Childhood Arrivals on September 28, 2021.
- DHS, with the DOS, added Croatia to the list of countries eligible for participation in the Visa Waiver Program on September 30, 2021.
- On September 27, the U.S. House of Representatives introduced a reconciliation bill that includes significant changes to estate, gift and generation-skipping tax laws. While this is just the start of the process, there are three specific changes to current law in the proposed bill that will have a direct impact on estate planning if they do become law: Estate, Gift and GST Tax Exemptions, Grantor Trust Rules and Discount Planning for Nonbusiness Assets.
- The Department of State (DOS) released guidance on how its embassies and consulates are prioritizing immigrant visa applications and making “difficult decisions” as they work to reduce the backlog “resulting from travel restrictions and operational constraints caused by the global COVID pandemic.”
- The Department of Homeland Security announced an extension until December 31, 2021, of the flexibility in complying with certain requirements related to Form I-9, Employment Eligibility Verification.
- U.S. Citizenship and Immigration Services requests public comments on a revision of the H-1B Registration Tool.
- U.S. Citizenship and Immigration Services has launched a new Lockbox Filing Location Updates page, to be updated regularly.
Effective October 1, 2021, with few exceptions, those applying for permanent residence (green card) must be vaccinated against COVID-19, now classified as a “Class A inadmissible condition,” the Centers for Disease Control and Prevention announced.
- The Department of Homeland Security announced on August 20, 2021, that it is seeking data and information from the public that the agency intends to use to develop a public charge regulatory proposal.
- On August 17, 2021, the Department of Labor’s Office of Foreign Labor Certification announced several enhancements to the Foreign Labor Application Gateway (FLAG) system.
- Applicants filing for lawful permanent resident status can now apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process, U.S. Citizenship and Immigration Services announced.
- U.S. Citizenship and Immigration Services temporarily extended the validity period for Form I-693, Report of Medical Examination and Vaccination Record, from two years to four years due to COVID-19 pandemic-related delays in processing.
- A group of 125 Indian and Chinese immigrants approved for employment-based green cards sued U.S. Citizenship and Immigration Services in federal court in Maryland on August 3, 2021.
- U.S. Citizenship and Immigration Services is sending communications to adjustment applicants or their representatives with notice that a Request for Evidence (RFE) will be sent for Form I-693, Report of Medical Examination and Vaccination Record.
Following the European Union’s announcement that travelers from the United States have been removed from its safe travel list, Italy added testing and self-isolation requirements for U.S. travelers.
Banks and trademarks have an uneasy past. Historically, banks operated in geographic isolation from each other, so there was little need to differentiate services with strong marks.
The next installment in our Vendor Contracts 101 series digs deeper into the topic of service level agreements – or SLAs.
Following a study by the University of North Dakota’s Energy & Environmental Research Center, the North Dakota legislature recently adopted a new law for underground storage of produced oil or gas.
- U.S. embassies in London and Berlin have reported that “all National Interest Exceptions (NIE) are now valid for 12 months and multiple entries as long as you are traveling for the same purpose for which you originally received an NIE.”
- The Department of Labor’s Office of Foreign Labor Certification completed the process to randomly assign to analysts for review and processing all H-2B applications submitted during the three-day filing window requesting an October 1, 2021, work start date.
- H-2A employers that submitted job orders to state workforce agencies or applications for H-2A temporary labor certification must make wage adjustment payments to qualifying workers and certify compliance.
- U.S. Citizenship and Immigration Services (USCIS) announced updated guidance on receipts for the I-9 employment authorization verification process.
- USCIS reminds employers that refugees and asylees may present any acceptable documents to fulfill I-9 employment authorization verification requirements.
- USCIS reminded employers that they must take action on Tentative Nonconfirmation cases for their employees within 10 federal government working days.
- New Deferred Action for Childhood Arrivals applications will not be allowed under a ruling by a U.S. district judge in Texas on July 16, 2021.
- The Department of Justice released a reminder for Deferred Action for Childhood Arrivals recipients and employers on July 21, 2021.
- U.S. Citizenship and Immigration Services announced on July 23, 2021, that employers may file H-2B petitions for returning workers under the fiscal year 2021 H-2B supplemental visa temporary final rule.
- U.S. Citizenship and Immigration Services (USCIS) announced on July 20, 2021, new policy guidance that eliminates the need for individuals who have applied for a change of status to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 change of status application is pending.
The United States has once again extended travel restrictions at its borders with Canada and Mexico for nonessential travel into the United States at least through August 21, 2021.
- U.S. Citizenship and Immigration Services made several updates to its USCIS Policy Manual. There are several highlights to note.
- Under a court order, U.S. Citizenship and Immigration Services extended flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization.
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