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Immigration Provisions in Build Back Better Bill

More business immigrant visas may become available if the latest version of the Build Back Better reconciliation bill passes. If approved by the Parliamentarian and passed as it stands, the bill would make more immigrant visas available by: Recapturing unused visa numbers from 1992 to 2021; Retaining the availability of Diversity Visas from fiscal years... Continue Reading
November 9, 2021

Proposed DACA Rule from DHS Seeks to Codify Program

Efforts to pass “Dreamers” bills that would provide a pathway to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients have remained stagnant. In an effort to stabilize the DACA program, absent congressional action, the Department of Homeland Security (DHS) has published a proposed federal regulation announcing its intent to codify the DACA program. The proposed... Continue Reading
November 5, 2021

Nov. 8 Marks Lifting of Some U.S. COVID-19 International Travel Restrictions

As of 12:01 a.m. ET on November 8, 2021, the United States’ country-specific 14-day COVID-19 travel restrictions that have been so troublesome and disruptive for individuals and businesses will be eliminated. Instead, protecting the country from COVID-19 will focus on vaccination status. President Joe Biden’s “A Proclamation on Advancing the Safe Resumption of Global Travel... Continue Reading
October 29, 2021

Department of Justice Action Suggests Employers Need to Adjust How They Recruit Foreign Workers

The PERM Labor Certification Process (PERM) has been used since 2005 by U.S. employers to sponsor foreign national employees for Lawful Permanent Residence, also known as “green cards.” Through the PERM process, employers are required to test the U.S. labor market through a very structured, highly regulated recruitment designed to protect U.S. workers and see... Continue Reading
October 27, 2021

DHS Seeks Comments on I-9 Process

The decades-old I-9 Employment Eligibility Verification process may be in for some changes. The Department of Homeland Security is requesting “public input” regarding the document examination process. Employers interested in the permanent continuation of Form I-9 flexibility might be encouraged by the agency’s official announcement on October 26, 2021. While the request is for “information... Continue Reading
October 26, 2021

Hong Kong Residents on U.S. Deferred Enforced Departure Can Apply for Employment Authorization

Instructions allowing Hong Kong Deferred Enforced Departure (DED) beneficiaries to apply for employment authorization have been published in the Federal Register. On August 5, 2021, President Biden granted DED for certain eligible residents of Hong Kong for 18 months, until February 5, 2023, and directed that instructions on how to apply for employment authorization be... Continue Reading
October 22, 2021

Visa Strategies for Musicians, Artists, Others in Entertainment

In the past, the O-1 visa was how many foreign musicians and other artists were able to tour and work in the United States. Now, for many reasons, they may have to consider other strategies. The O-1 visa category is for “artists of extraordinary ability” and obtaining O-1B visa status for foreign musicians has always meant... Continue Reading
October 19, 2021

Immigration Considerations for Foreign Property Developers Looking to Enter U.S. Market: L-1 Route

The average American may not know that some of the largest real estate developments in recent history were completed by foreign real estate companies. The L-1 nonimmigrant visa classification can provide a useful pathway for such multinational companies. See more in our publication here. Continue Reading
October 18, 2021

COVID-19 Travel Restrictions Set to Relax for Fully Vaccinated

As long as they can show that they are fully vaccinated against COVID-19, foreign travelers will be allowed to visit the United States beginning November 8, 2021, according to the Biden Administration. Until now, we knew only that the 14-day travel restrictions and the northern and southern border restrictions would be lifted sometime in November.... Continue Reading
October 15, 2021

United States to Open Borders with Canada and Mexico for Vaccinated Nationals Beginning November

The United States will open its northern and southern land borders to fully vaccinated foreign nationals sometime in November 2021. When this happens, it will be the first time since March 2020 that these individuals will be able to enter the United States from Canada and Mexico for “non-essential” purposes, such as tourism, shopping, and... Continue Reading
October 14, 2021