Author: Lisa York

On July 19, 2021, Canada announced that starting on August 9, 2021, fully vaccinated U.S. citizens and U.S. Lawful Permanent Residents will be allowed to visit Canada, as long as they have been vaccinated for at least 14 days. Canada also announced that it hopes to be able to welcome visitors from other countries starting on September 7, 2021 depending on conditions at that time.

On Friday, July 16, 2021, U.S. Federal Judge Andrew Hanen in Texas ruled that Deferred Action for Childhood Arrivals (DACA) is illegal and barred new DACA requests not approved by July 16, 2021.  The ruling bars future applications.  It does not immediately cancel current permits for hundreds of thousands of DACA recipients.  The Biden administration will appeal the decision and is urging Congress to enact legislation to protect DACA recipients. The Department of Homeland Security (DHS) will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, DHS is now prohibited from granting initial DACA requests and accompanying requests for employment authorization. DHS will continue to adjudicate DACA renewals and accompanying requests for employment authorization.

On July 6, 2021, the U.S. Department of State (DOS) posted updated guidance on its website regarding the validity of approved National Interest Exemptions (NIEs).  Previously, an NIE was valid for only 30 days.  Now, NIEs are granted for 12 months and NIEs issued in the last 12 months are being automatically extended for 12 months from the date of approval, and for multiple entries, as long as they are used for the purpose under which they were granted. National Interest Exemptions allow non-immigrants to travel to the U.S. from countries subject to the COVID travel ban in limited circumstances.  The extension applies to NIEs for travelers subject to Presidential Proclamations 9984 (China), 9992 (Iran), 10143 (Schengen Area, U.K., Ireland, Brazil, and South Africa), and 10199 (India).

It’s Canada Day! Today marks Canada’s 154th Anniversary! CYA is excited to announce the Trivia Game raffle winners from the CCA “Almost Canada Day” Golf Tournament that was held on June 21, 2021. Winners please contact Lisa.York@cyavisalaw.com for information about how to claim your prizes. Drum roll…the winners are:

Grand Prize: THE WINNER IS RAFFLE TICKET # 6970530 (Inniskillin Riesling Icewine 2017; 20^th Anniversary CBC Books “Canada Reads” winner, Jonny Appleseed by Joshua Whitehead; & a Canada Tote Bag)

Wines from Around the World Prize: THE WINNERS ARE RAFFLE TICKET #s 6970636, 6970566, & 6970606 (Portable Wine Picnic Bag; 1 Bottle of “World” Red Wine; 1 Bottle of “World” White Wine)

Canada Book Bag: THE WINNERS ARE RAFFLE TICKET #s: 6970626, 6970664, 6970666 (Canada Theme Tote Bag, 1 Bottle of Maple Whiskey or Canadian Icewine, & 2 Books about Canada or by a Canadian author)

USMCA (Formerly known as “NAFTA”) Prizes: THE WINNERS ARE RAFFLE TICKET #s: 6970592, 6970586, 6970702, 6970594, 6970672, 6970656

On Monday, June 21, 2021, Curray York & Associates (CYA) sponsored the 16th hole at the Colorado Canada Association’s Annual Almost On Canada Day Charity Golf Tournament. The Canada Colorado Association (CCA) is a not-for-profit, volunteer, business and social organization, serving Canadians and Friends of Canada happily living in Colorado. The organization’s signature event each year is its annual charity golf tournament. This year CCA is supporting the Colorado Adaptive Sports Foundation (CASF), which is one of Kroenke Sports Entertainment’s chosen charities.  CCA’s contribution to CASF will flow down to the Rolling Mammoth wheelchair lacrosse team.  For more information about this inspiring group please go to Rolling Mammoth.

Attorneys Lisa York and Sarah Collins participated in the event and administered CYA’s Dice/Trivia Raffle game in which tournament participants rolled the dice and answered challenging trivia questions about golf, Canada, and U.S. Immigration! CYA will be announcing the raffle winners (by raffle ticket #) on the CYA website on July 1, 2021 (Canada Day!).

This week Vice President Kamala Harris travels to Guatemala and Mexico to meet with governmental officials and outline the Biden administration’s efforts to remedy the “root causes” of mass migration from Central America to the U.S.  This will be the Vice President’s first international trip.  She traveled first to Guatemala where she pledged hundreds of thousands of coronavirus vaccine doses, $310 million in regional humanitarian aid, and a $4 billion long-term plan to boost development and security across Central America.  She is also expected to discuss battling corruption and upholding democratic norms.  In Mexico, she will meet with President Andrés Manuel López Obrador to discuss the expansion of immigration enforcement cooperation with the U.S. as part of a regional approach to managing migration.

Today, President Biden rescinded President Trump’s Health Care Insurance Ban which was issued on October 4, 2019, and suspended the entry of immigrants unless they could demonstrate they would be covered by approved health insurance within 30 days of entry or would be able to pay for “reasonably foreseeable medical costs.” The controversial entry-ban, had been on hold while its legality was litigated in federal court.

USCIS has announced that applicants, petitioners, requestors, and beneficiaries may now call the USCIS Contact Center (800-375-5283) to reschedule their biometric services appointments. Previously, applicants were required to submit written requests to reschedule biometrics appointments. Applicants must establish good cause for rescheduling and must call before the date and time of their original appointment to reschedule.

On May 13, 2021, the U.S. Department of Labor (USDOL) published a notice in the Federal Register further delaying the implementation of the agency’s final rule on the computation of prevailing wages for PERM labor certifications and Labor Condition Applications until November 14, 2022 (with a phased-in transition to the new computation system). The final “Wage Rule” was initially scheduled to go into effect in March 2021 (with an effective date of July 1, 2021, and a phased-in transition to the new wage computation system). The new “Wage Rule” would have significantly changed the way the USDOL calculates prevailing wages. In February 2021, the USDOL published a notice in the Federal Register delaying the implementation of the final rule. In March 2021, the USDOL published an additional two notices further delaying implementation of the rule. The USDOL is delaying implementation of the new “Wage Rule,” so that it can research how the rule will affect the U.S. economy, U.S. employers, and both U.S. and foreign workers. Our hope is that the USDOL will decide to withdraw the new “Wage Rule” after it completes its research.

Starting on April 23, 2021, the UK is imposing a travel ban on travelers arriving in the UK who have been in India within the past 10 days. There is an exemption for UK citizens and those who are UK residents, but they will still be required to pay for a mandatory 10-day stay in a designated quarantine hotel. India joins the following countries on the UK’s “Travel Ban List”: Angola, Argentina, Bangladesh, Bolivia, Botswana, Brazil, Burundi, Cape Verde, Chile, Colombia, Democratic Republic of Congo, Ecuador, Ethiopia, French Guiana, Guyana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Oman, Pakistan, Panama, Paraguay, Peru, the Philippines, Qatar, Rwanda, the Seychelles, Somalia, South Africa, Suriname, Tanzania, the UAE, Uruguay, Venezuela, Zambia and Zimbabwe.