Month: April 2021

by Lisa York Lisa York No Comments

The Biden Administration is Appointing New DHS Leadership

The Biden Administration has announced that it will appoint new DHS leadership including: (1) Ur Jaddou, USCIS Director; (2) Jon Meyer, DHS General Counsel; (3) Chris Magnus, CBP Commissioner; (4) Rob Silvers, DHS Under Secretary for Policy; (4) John Tien, DHS Deputy Secretary; and (5) Jen Easterly, Cybersecurity and Infrastructure Security Agency (CISA) Director. Click here for more information.

by Sarah Collins Sarah Collins No Comments

The Expiration of Presidential Proclamation 10052

Since June 22, 2020, many categories of nonimmigrants have been prevented from seeking entry to the United States due to Presidential Proclamation 10052. Enacted by former President Trump, the proclamation drastically reduced visa issuance and entry for nonimmigrants around the world. The ban was set to end on December 31, 2020, but was subsequently extended through March 31, 2021, citing the false premise that these nonimmigrants threatened our country’s economic recovery from the COVID-19 pandemic.

As of today, April 1, 2021, the ban has officially expired, and the Department of State (DOS) has confirmed that the ban is no longer in effect.  The DOS has issued guidance regarding the phased resumption of visa services, but ultimately concludes that consular services will operate on a “post-by-post” basis. Accordingly, visa applicants should not assume that the expiration of the visa ban will result in immediate resumption of routine nonimmigrant visa processing.

COVID-related travel restrictions and travel bans are still in effect and are changing daily. We are still advising all of our clients to pay careful attention to these changes and know the risks associated with international travel at this time.

by Caroline Lee Caroline Lee No Comments

ICE Extends I-9 Compliance Flexibility Due to COVID-19

U.S. Immigration and Customs Enforcement (ICE) will extend the flexibilities pertaining to Employment Eligibility Verification (Form I-9) compliance that were announced in 2020, due to the COVID-19 pandemic. This extension includes guidance for employees hired on or after April 1, 2021 and who are working exclusively in a remote setting as a result of COVID-19 policies and precautions. Such employees are temporarily exempt from the physical inspection requirements associated with Form I-9 until the earlier of the following: the employees undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated. The I-9 compliance flexibility policy is being extended until May 31, 2021.

DHS had previously announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with Form I-9 under section 274A of the Immigration and Nationality Act, as a result of precautions implemented by employers and employees associated with COVID-19. This policy, however, only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, there are no exceptions at this time for in-person verification of identity and employment eligibility documentation for Form I-9.

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