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On December 23, 2021, the U.S. Department of State, in consultation with the Department of Homeland Security, announced that in certain cases, the interview requirement for visa stamps may be waived for some nonimmigrant applicants with a petition approved by the U.S. Citizenship and Immigration Services. This policy will be in effect until the end of 2022. Please note that even if a visa applicant meets the below conditions, this is not a guarantee that a visa interview will absolutely not occur, as consular officers always have the option of requesting an interview.
On November 10, 2021, the Department of Homeland Security (DHS) reached a settlement with major implications for L-2 and H-4 spouse work permits. The settlement has successfully changed longstanding immigration policy and means H-4 and L-2 spouses can now more easily obtain and renew their employment.
On October 19, 2021, a settlement was reached between Facebook and the Department of Justice regarding a lawsuit that had alleged that Facebook had engaged in discrimination against U.S. workers and potentially engaged in regulatory recruitment violations. This alleged discrimination, in part, focused on PERM Green Card recruitment. The impact of this settlement is still difficult to fully understand as this agreement avoided a court decision which would likely have provided more clarity on whether Facebook’s PERM recruitment practices were in fact discriminatory or whether they followed the rather clear letter of the law.
Effective October 1st, 2021, green card applicants will be required to present proof that they have received a complete COVID-19 vaccine series in order to complete the permanent residency process. Introduced on August 25th, 2021, the new COVID-19 vaccination requirement will only apply to applicants who are deemed age-appropriate (i.e., over 12 years of age) and not medically at-risk of completing a full COVID-19 vaccine series. The CDC has added the COVID-19 vaccines to the list of vaccinations already required for applicants seeking U.S. immigrant visas.
As COVID-19 vaccination efforts continue to progress rapidly in the United States, a common question that arises for international employees is whether it is feasible to travel internationally at this time. Unfortunately, the answer remains complicated.
The International Entrepreneur Rule (IER) provides a tremendous 5 year immigration solution for foreign founders to enter and run their funded U.S. startup. These are some of the most common questions you will have when considering whether immigration founder parole is right for you and your startup. Take a look at our FAQs in this article.
As discussed in detail in our article on the Entrepreneur Parole, geared towards foreign startup founders, this is the most directly applicable and modern immigration solution for the current realities of technology and other startups in the U.S. This is extremely exciting. We are creating a video series to dive into the details.
On April 27th, 2021, USCIS announced that the agency is issuing policy guidance instructing
USCIS Officers to give deference to prior determinations when adjudicating extension requests. In other words, USCIS Officers are being directed to defer to prior determinations of approval for extension requests including the same parties and facts.
On October 6, 2020 the Trump administration released two immigration rules directly aimed at the H1B and PERM Green Card processes. It is critical for companies and individuals to understand these rule changes and what to expect as it is aimed at the very core of H1B specialty occupation qualification as well as H1B and PERM Green Card wage requirements that impact the immigration status of professional workers.
Trump Immigration has been a brand of immigration policy focused on promoting a constant feeling of confusion and unpredictability for U.S. companies and immigrants alike. This has only accelerated as we move towards the November 2020 presidential elections. So what can we expect between now and November? Likely, at least one more series of Executive Orders aimed at H1B adjudications and perhaps more.
