Immigration Matters

January 4, 2021

• 12/31/2020      President Trump has extended Presidential Proclamations 10014 and 10052 until March 31, 2021.  The Proclamations were set to expire on December 31, 2021.  Ending these restrictions on nonimmigrant and immigrant visas is thought to be one of President-Elect Biden’s first immigration-related acts.
• 12/29/2020      U.S. Department of State (DOS) is temporarily expanding until 3/31/2021 consular officers’ ability to waive in-person interviews for individuals applying for a nonimmigrant visa in the same classification. Applicants whose nonimmigrant visas expire within 24 months are now eligible.
• 12/23/2020      U.S. Immigration & Customs Enforcement (ICE) is extending flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until January 31, 2021.  Physical presence requirements associated with the Employment Eligibility Verification (Form I-9) will continue to be deferred but only for employers and workplaces that are only operating remotely.  If employees are physically present at a work location, in-person verification of identity and employment eligibility documentation is still required.
• 12/23/2020      Legislation impacting per-country numerical limitations for immigrant visas has failed due to differences between HR 1044 and S 386 which Congress was unable to resolve before the end of its session.
• 12/23/2020      The January 2021 Visa Bulletin is available here. 
• 11/23/2020      U.S. Customs & Border Protection (CBP) has issued a notice of proposed rulemaking to begin a comprehensive biometric entry-exit system.  Comments are due December 21, 2020.
• 12/22/2020      U.S. Customs & Border Protection (CBP) has extended temporary travel restrictions applicable to land ports of entry and ferries service between the U.S. and Canada and Mexico through 1/21/2021.
• 12/14/2020      A federal judge has granted summary judgment against the U.S. Department of Labor (DOL) and its interim final rule impacting prevailing wage rates.  The federal court has ordered DOL to reissue prevailing wage determinations issued pursuant to the rule.
• 12/07/2020      U.S. Citizenship & Immigration Services (USCIS) has issued its latest e-Verify updates and reminders series designed to help employers remain compliant.
• 12/01/2020      USCIS has announced that employees may continue to use Form I-797, Notice of Action, with a notice date from 12/1/19 through 8/20/20 informing approval of an Application for Employment Authorization (Form I-765) as a list C #7 document for Form I-9 compliance until 2/1/21.
• 12/01/2020      The U.S. District Court for the Northern District of California set aside the DHS interim final rule, Strengthening the H-1B Nonimmigrant Visa Classification Program, and the DOL interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States. (Chamber of Commerce, et al., v. DHS, et al., 12/1/20).  See our Client Alert for further information.

How Can We Help

For further information on these or other topics, please contact us at immigrationteam@wbd-us.com.