USCIS has announced that the initial registration period for the Cap Subject FY 2023 H-1B Visas will open at noon Eastern Time (ET) on March 1, 2022, and run through noon ET on March 18, 2022.
The United States Supreme Court, on January 13, 2022, granted the application for a stay of the OSHA ETS pending further proceedings in the lower court.
In news welcome to oil and gas operators, the North Dakota Supreme Court issued its decision in Vic Christensen Mineral Trust v. Enerplus Resources (USA) Corp., 2022 ND 8.
- The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by U.S. Citizenship and Immigration Services.
- U.S. Citizenship and Immigration Services is extending the flexibilities it originally announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain requests.
- The Department of State has proposed raising fees for consular services for several nonimmigrant visa application processing fees, the Border Crossing Card for Mexican citizens age 15 and over, and the waiver of the two year residency requirement fee for certain J exchange visitors.
- Temporary travel restrictions the Biden administration imposed in November on foreign travelers from South Africa and seven other countries in the region, due to the spread of the Omicron variant of COVID-19, were lifted on December 31, 2021.
- USCIS announced that qualified healthcare workers who have pending employment authorization document renewal applications and EADs that will expire in 30 days or less or that have already expired, can request expedited processing of the EAD application.
- The Departments of Homeland Security and Labor announced on December 20, 2021, the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year 2022.
- The DOS updated its Foreign Affairs Manual on intent to depart and residence abroad requirements for F-1 and M-1 students. The guidance may also be useful for J-1 exchange visitors and Afghan scholars.
- The Department of Homeland Security published a final rule on December 22, 2021, that withdrew the “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions” final rule, also known as the H-1B Selection Final Rule, issued January 8, 2021.
- U.S. Customs and Border Protection announced the lifting of temporary restrictions that applied to non-essential travel by fully vaccinated travelers with proof of COVID-19 vaccination status entering via land ports and ferry service along the U.S. borders with Canada and Mexico.
- Immigration Provisions in Limbo as Senate Democrats Struggle With Parliamentarian Rejections, UncertaintiesAfter the Senate parliamentarian rejected a plan that included work permits and protection from deportation favored by Democrats for inclusion in the “social spending” budget reconciliation bill, lawmakers struggled to consider their options, including revisions to the immigration provisions or simply moving ahead without parliamentarian approval.
- The Department of Homeland Security and U.S. Immigration and Customs Enforcement announced an extension of the flexibility policy in complying with certain physical inspection requirements related to Form I-9, Employment Eligibility Verification.
- U.S. Citizenship and Immigration Services released fourth-quarter fiscal year 2021 reports offering a snapshot of statistics for the entire fiscal year.
- U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record.
- On December 7, 2021, E-Verify notified users via email that they can now view and complete several actions from a consolidated user profile screen, which “allows users to view all of their account information quickly and easily, without having to navigate to multiple pages.”
The desirability of lakeshore property is no secret. This desirability often creates conflicts between existing lakeshore owners who want to maintain the status quo by preventing development and developers looking to build and sell lake homes.
This article provides an update on the status of the CMS Vaccine Mandate, the litigation surrounding its implementation and CMS’s intent to begin enforcement on January 27, 2022.
Letters of Protest are not new to U.S. trademark practice; yet the Trademark Modernization Act of 2020 (TMA) provided statutory authority for and refined the existing procedure.
- USCIS is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit.
- President Biden said that most travelers (excluding U.S. citizens and lawful permanent residents) who had been in any of eight countries in southern Africa for the prior 14 days would be barred from entry into the United States.
- The U.S. Congress passed a bill to extend funding through February 18, 2022, to prevent a federal government shutdown that otherwise would have begun December 4, 2021.
- USCIS announced on November 23, 2021, that it is incorporating existing guidance from the Adjudicator’s Field Manual into the USCIS Policy Manual.
- USCIS automatically extended work authorization for L-2 nonimmigrants who are the dependent spouses of L-1 nonimmigrants and E nonimmigrants who are the dependent spouses of E-1, E-2 and E-3 nonimmigrants.
- The Department of Homeland Security issued a 60-day notice and request for comments on revisions to the Electronic System for Travel Authorization for Visa Waiver Program travelers.
- The Department of Homeland Security, in consultation with the Department of State, announced the countries whose nationals are eligible to participate in the H-2A (temporary agricultural) and H-2B (temporary nonagricultural) visa programs.
The Trademark Modernization Act, enacted in December 2020, provides for shorter response times to respond to examination issues raised by a Trademark Office Examining Attorney
The final installment in our Vendor Contracts 101 series addresses a topic often overlooked when forging a new vendor relationship: ending that relationship.
Just as the 2010s witnessed the rapid rise and adoption of cryptocurrencies, the 2020s have thus far provided the backdrop to a boom of another blockchain utilizing technology: Non-Fungible Tokens or “NFTs.”
- Vaccine Mandate FAQs for Health Care Organizations: Understanding How the OSHA Emergency Standards and the CMS Vaccine Mandate Work Together (Updated)
These FAQs provide information about the CMS Vaccine Mandate and clarity around the overlap between it and the various OSHA Emergency Temporary Standards.
Update: As of November 30, 2021, implementation and enforcement of the CMS COVID-19 Vaccine Mandate has been temporarily halted in all 50 states.
What can you do if you have filed a trademark application that was rejected by an Examiner due to a registration that you learn is not in use with some or all of the goods/services identified in the registration?
Following recent litigation, U.S. Citizenship and Immigration Services announced on November 12, 2021, that certain H-4, E or L dependent spouses will qualify for an automatic extension.
- The Department of Homeland Security, in consultation with the Department of State, announced the countries whose nationals are eligible to participate in the H-2A and H-2B visa programs.
- The DOS announced that the CDC Technical Instructions for panel physicians is requiring all immigrant visa applicants who are referred to the panel physicians to receive a full COVID-19 vaccine series as part of their medical exam before being issued a visa.
- The Office of the CIS Ombudsman released tips on making communications with the USCIS Contact Center more effective, in response to recent changes in Contact Center processes.
- Secretary of Homeland Security Alejandro Mayorkas announced new guidelines for immigration enforcement priorities that focus on national security, public safety, and border security and emphasize prosecutorial discretion.
- The Department of State’s Visa Bulletin for November 2021 is causing consternation and raising queries from beneficiaries trapped in backlogs.
- The Departments of Justice and Labor released a joint statement on October 19, 2021, announcing separate settlement agreements with Facebook regarding its use of the permanent labor certification program.
- The DHS announced it will continue to temporarily limit non-essential travel of individuals from Mexico into the United States at land ports of entry along the U.S.-Mexico border until January 21, 2022.
- Alejandro Mayorkas, Secretary of Homeland Security, announced new guidelines for enforcement actions in or near “protected areas.”
- Alejandro Mayorkas, Secretary of Homeland Security, announced on October 29, 2021, the termination of the Migrant Protection Protocols, a controversial program started by the Trump administration in early 2019 under which undocumented migrants seeking admission to the United States via Mexico must await their court proceedings in Mexico.
- USCIS reached a settlement agreement in the case of MadKudu Inc. v. USCIS that the agency said “outlines new, overarching guidance” for adjudicating pending or future H-1B petitions for market research analysts.
- The Department of Justice reached a settlement agreement with Priority Construction Corporation, based in Baltimore, Maryland.
- In response to stakeholder requests to raise the H-2B visa cap for the first half of fiscal year 2022, the Department of Labor noted that it reached the congressionally mandated cap of 33,000 H-2B visas on September 30, 2021.
- The Centers for Disease Control and Prevention issued an order, effective November 8, 2021, with requirements for air passengers two years of age and older boarding flights to the United States.
The House of Representatives’ 2,135-page draft budget reconciliation bill retains several immigration measures, including provisions paving the way for high-skilled scientists and engineers, and raising immigration-related fees.
The Internal Revenue Service has announced the 2022 cost-of-living adjustments (COLAs) for retirement plans. Most limits have increased.
The Federal Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) in the Federal Register requiring employers with 100 or more employees to issue and implement a written policy to ensure that their employees are fully vaccinated against the COVID-19 virus, or that they submit to regular testing for COVID-19 and wear specified face coverings when in the workplace.
New homebuyers often discover imperfections in their newly-constructed homes. Some of these imperfections are construction defects and others are simply part of the construction process. Homeowners may assume they have warranty coverage against construction defects, but they have often signed documents disclaiming or limiting warranty coverage.
- EventNew Developments and Trends in Immigration Law and Upcoming H1B Lottery Season
- EventThe H-2B Home Stretch! Welcoming H-2B Workers and Maintaining Compliance Files
- EventHealth Law Webinar—Health Care Pricing
- Legal UpdateUSCIS Announces Initial Registration for FY 2024 H-1B Cap Opens March 1, 2023