Blog – Immigration View

https://immigrationview.foxrothschild.com/

U.S. immigration law comprises a system of highly complex, intricate, many-layered statutes, regulations, informal agency materials and policies which are often influenced by the current political climate. Anyone attempting to navigate this system needs attorneys well versed in the nuances of this multifaceted process. Join our experienced immigration bloggers as they provide regular updates for employers on the full gamut of immigration issues ranging from hiring, compliance and employment best practices to the latest developments in visa news and coverage of significant immigration-related decisions, as well as practical advice to ease the immigration process.

Recent Blog Posts

  • Chinese Student Alert – President Trump Executive Order On May 29, 2020, President Trump issued yet another immigration-related Executive Order.   This one is entitled, “Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China,” and can be found here. The proclamation goes into effect today, June 1, 2020, and its stated purpose is to restrict certain Chinese nationals from entering the United States on F Student visas or J Exchange Visitor visas associated with entities in the People’s Republic... More
  • Premium Processing Resumes: June 2020 Phase-In Dates On Friday, May 29, 2020, U.S. Citizenship and Immigration Services (USCIS) announced plans for the phased-in resumption of premium processing for eligible I-140 Immigrant Petition for Alien Worker petitions and eligible I-129 Nonimmigrant Worker petitions. (See USCIS website at https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-certain-petitions.) USCIS temporarily suspended premium processing availability for all eligible Form I-129 and I-140 petitions on March 20, 2020, due to the coronavirus (COVID-19) national emergency.  After nearly two months without premium processing, this is welcome news. Of course, the announcement includes... More
  • COVID-19 Update: USCIS to reopen June 4 on limited basis On May 27, 2020 U.S. Citizenship and Immigration Services announced that it is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4.  Routine in-person services at USCIS field offices, asylum offices and application support centers (ASCs) has been suspended since March 18 to help slow the spread of coronavirus (COVID-19).  USCIS is following the Centers for Disease Control and Prevention’s guidelines to protect our workforce and the public.  As services begin to reopen,... More
  • J-1 Waiver Physicians: COVID-19 Reduction in Hours and Telehealth (Limited) Temporary Flexibility On May 11, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum relating to certain J-1 waivered foreign medical graduates during the COVID-19 national emergency. The memo, captioned “Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency” was issued solely as guidance to USCIS officers with regard to H-1B physicians who received and are fulfilling either an Interested Government Agency (IGA) waiver or Conrad 30 waiver. Relating to the COVID-19 pandemic, the memo addresses... More
  • COVID-19 and I-9 Compliance: 30-Day Extension of Temporary Flexibility regarding In-Person Review of Documents for Certain Employers On Thursday, May 14, 2020, U.S. Immigration and Customs Enforcement (ICE) announced a 30-day extension to its previously announced temporary flexibility provisions relating to I-9 Employment Eligibility Verification compliance during the COVID-19 national emergency. Extension of the flexibility provisions is the result of “continued precautions related to COVID-19”. The COVID-19 I-9 flexibility provisions were originally valid for only 60 days and were set to expire on May 19, 2020. For eligible employers, the temporary flexibility measures defer the statutory physical presence... More
  • USCIS releases new version of M-274 Handbook for Employers, Guidance for Completing Form I-9 On April 27, 2020 United States Citizenship and Immigration Services (USCIS) released a new version of the Handbook for Employers, Guidance for Completing Form I-9 (M-274).  The M-274 is an essential compendium of I-9 compliance information and instruction, and is designed to supplement employ­ers’ understanding and knowledge of the various employment eligibility verification obligations. The new version of the M-274 was released in connection with its release of the new version of the Form I-9, Employment Eligibility Verification (rev. 10/21/19 on... More
  • Avoid ICE Penalties! Use the correct Form I-9! New version of Form I-9 in effect as of May 2, 2020 This is a reminder that employers are required to use the new version of the Form I-9 as of May 1,2020.  As noted in our prior post, USCIS announced the publication of the new version of the Form I-9 on January 31, 2020, with a 60-day grace period for its mandatory use.  Accordingly, the new version of the went into effect on May 1, 2020 and all prior versions of Form I-9 are no longer be valid for use and are obsolete. It... More
  • COVID-19 Immigration Updates: USCIS extends immigration related due dates and temporary flexibility for List B documents for I-9 purposes. USCIS extends immigration related deadlines: On March 30, 2020, in response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced an extension of the flexibility it announced to assist applicants and petitioners who are responding to the following types of requests, with deadlines: Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and filing date requirements for Form I-290B, Notice of Appeal... More
  • U.S. Border Closure Alert -Until May 21st (at least) As some U.S. states are starting to re-open parts of their state, this alert is a reminder that the U.S. border with both Mexico and Canada remains closed for non-essential travel and will remain so until at least May 21st. Federal Regulations state that individuals traveling for tourism purposes (sightseeing, recreation, gambling or attending cultural events) do not fall within the definition of “essential travel”. On April 20, 2020, Acting DHS Secretary Chad Wolf made the announcement as follows:  “In close collaboration,... More
  • COVID-19/Coronavirus Pandemic: USCIS extends field office closure until June 4 On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19).  This closure was scheduled through May 3.  Today, April 24, 2020, USCIS is announced that it will reopen on or after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are closed.  During the... More