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Some Travel Restrictions to Relax for Fully Vaccinated in November, Administration Announces

As President Joe Biden travelled to a meeting of the United National General Assembly, the Administration announced that, in early November, COVID-19 travel restrictions would be relaxed for fully vaccinated travelers from all the previously restricted countries: the UK and Ireland, the 26 Schengen Zone countries, Brazil, China, India, Iran, and South Africa. The details... Continue Reading
September 20, 2021

Qualifying International Entrepreneurs Must Meet New Dollar Amounts Beginning October 2022

New dollar eligibility criteria for investment amounts, qualifying investors, and re-parole considerations under the International Entrepreneur Rule (IER) will take effect on October 1, 2022. The Biden Administration relaunched the IER in May to grow the economy through job creation. The IER makes it possible for certain promising start-up founders and entrepreneurs to come to... Continue Reading
September 16, 2021

CDC Announces COVID-19 Vaccination Requirement for Applicants for Green Cards

The Centers for Disease Control and Prevention (CDC) announced that as of October 1, 2021, all applicants for Green Cards must be fully vaccinated against COVID-19. There are some exemptions from the requirement, but anyone who does not qualify for an exemption and refuses vaccination will be inadmissible. The COVID-19 vaccine joins the list of... Continue Reading
September 14, 2021

Manufacturers Can Leverage Immigration to Fill Labor Gaps, Address Prevailing Skills Shortage

In June 2021, the U.S. Chamber of Commerce released the America Works Report, which is based on an analysis of more than 20 years of federal jobs and employment data. Among the findings is that there are approximately half as many available workers for every open job and the ratio continues to fall. While the COVID-19... Continue Reading
September 13, 2021

TPS Extended Through 2022 for El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan

The Department of Homeland Security has issued a notice extending Employment Authorization Documents (EADs) for Temporary Protected Status (TPS) beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan through December 31, 2022. The automatic extension is intended to ensure continued compliance with preliminary injunction orders that have been entered in the various cases challenging... Continue Reading
September 10, 2021

ICE: I-9 Flexibility to Continue Through 2021

Once again, at the last moment, ICE has extended “flexibility” for I-9 employment verification. This time, for four more months, until the end of the year, December 31, 2021, due to continuing COVID-19 precautions. Employees hired on or after April 1, 2021, who work exclusively in a remote setting are temporarily exempt from the physical... Continue Reading
September 1, 2021

Illinois Adds Protection for Dreamers, Other Non-U.S. Citizens to State’s Human Rights Act

Illinois has amended the Illinois Human Rights Act to make “work authorization status” a protected category. The amendment, Public Act 102-0233, became effective immediately upon the governor’s signing in early-August. Under the amendment, “work authorization status” is defined as the status of a person born outside of the United States, and not a U.S. citizen,... Continue Reading
August 27, 2021

Immigration and Labor Shortages

The effects of the COVID-19 pandemic are far reaching. The labor shortage plaguing America has been one of the most publicized. Why is it so difficult for some employers to find employees? The 2020 United States Census offers possible reasons: an aging population, decreased fertility rates, and low rates of immigration. The 7.4% population increase... Continue Reading
August 26, 2021

Transmission of Citizenship to Children Born Abroad Through Assisted Reproductive Technology

A non-genetic, non-gestational legal parent of a child born through assisted reproductive technology (ART) outside of the United States may transmit U.S. citizenship to the child under certain circumstances, U.S. Citizenship and Immigration Services (USCIS) Director Ur Mendoza Jaddou has announced. Director Jaddou, the first woman to be appointed to that position, made the announcement... Continue Reading
August 25, 2021

Uncertain Fate of H-1B Modification Rule

Approximately 27,000 additional Cap H-1B cases were selected in a second-round lottery for fiscal year 2022. The selected petitions must be filed by November 3, 2021. In the meantime, litigation challenging the validity of the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions Rule (Modification Rule), for next year’s petitions, are... Continue Reading
August 24, 2021