Sarah Kilibarda, Author at Laborsphere

How a Federal Government Shutdown Affects U.S. Employment-Based Immigration

Because U.S. Citizenship and Immigration Services (USCIS) is funded by user fees, USCIS remains open and will continue to accept and process applications. There are some exceptions to this rule for programs that receive appropriated funds, including E-Verify, the EB-5 program, Conrad 30 J-1 doctors and non-minister religious workers.

In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown.

Note that the unavailability of E-Verify does not change the requirement for employers to complete Form I-9 no later than the third business day following an employee’s first day of work for pay.

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COVID-19 Travel to the United States: White House Eases Travel Restrictions From November 2021

On October 25, the White House issued a proclamation on the resumption of global travel during the pandemic. We updated our alert tracking recent changes to U.S. international travel policy to highlight the key points of this proclamation and what it means for travelers entering the U.S.

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H-1B Cap Registration and Process; Form I-944 No Longer Required

The FY2022 H-1B cap season is now underway. U.S. Citizenship and Immigration Services (USCIS) adopted the same H-1B registration process as was used last year. Before filing a cap-subject H-1B petition, USCIS requires that employers or their authorized representatives first complete an online registration for each cap-subject H-1B petition. USCIS will then run the H-1B cap lottery (if needed) based on these registrations. Employers would only file petitions based on selected registrations.

Below are the dates to keep in mind for this year’s H-1B cap:

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H-1B Cap Update: Electronic Registration Starts on March 9, 2021; Cap Selection Wage Regulation Delayed until December 31, 2021

U.S. Citizenship and Immigration Services (USCIS) recently announced updates to this year’s H-1B cap selection process. The government’s H-1B electronic registration process will open in one month, but there will be no changes to the selection process itself as implementation of the “H-1B Cap Selection Process Final Rule” is delayed until December 31, 2021. Stakeholders will want to pay close attention to the newly released registration dates along with an opportunity to learn more about the process directly from the Faegre Drinker team.

For the full alert, visit the Faegre Drinker website.

U.S. Immigration Updates: H-1B Cap, Prevailing Wage Rule and International Travel Updates

Immigration updates from the end of the Trump administration include USCIS’s final rule modifying the H-1B cap selection process, DOL’s final rule on computation of prevailing wage levels, and executive orders extending immigration restrictions and terminating some travel restrictions — all of which may be changed by litigation or the Biden administration. It is also time to start planning for the FY2022 H-1B cap season.

For the full alert, visit the Faegre Drinker website.

Immigration Updates: Visa Processing, Travel Bans and the New USCIS Fee Schedule

Read on for an overview of updates on immigration and global mobility issues, including those involving visa processing at U.S. embassies and consulates, restrictions on travel and the new U.S. Citizenship and Immigration Services (USCIS) fee schedule.

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