- 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.”
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.
- According to reports, the Biden administration announced on September 20, 2021, a major easing of pandemic travel restrictions that will allow fully vaccinated travelers to enter the United States beginning in November 2021.
- In response to the ongoing COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending certain flexibilities it originally announced in March 2020 to assist applicants, petitioners and requestors.
The lapse is hurting more than 32,000 stranded EB-5 investors, putting at least $15 billion in capital investment and more than 486,900 U.S. jobs in jeopardy.
- The Social Security Administration announced that non-U.S. citizens can apply for a Social Security number or replacement SSN card on the same forms used to apply for permission to work in the United States or for lawful permanent resident status.
- The U.S. Government Accountability Office issued a new report examining U.S. Citizenship and Immigration Services’ efforts to reduce its pending caseload, which has increased by 85 percent in recent years.
A U.S. district court judge vacated a final rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.”
- U.S. embassies and consulates are using a tiered approach to triage immigrant visa applications based on the category of immigrant visa as they expand processing.
- The DOS has authorized consular officers through the end of 2021 to expand the categories of F, M and “academic J visa applicants” whose applications can be adjudicated without an in-person interview in their consular district of residence.
- The Department of State’s Visa Bulletin for October 2021 includes information on potential movement in visa availability for the next several months.
- U.S. Citizenship and Immigration Services updated its “approximate” cap count for H-2B visas for fiscal year 2022.
- USCIS is extending the time during which receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.
- The continuing resolution to keep the federal government open until December 3, 2021, was passed by Congress and signed into law by President Biden on September 30, 2021.
- U.S. District Judge Amit Mehta ordered the Biden administration to hold 7,395 diversity visas for lottery winners who were still awaiting processing when fiscal year 2021 ended and the visas were set to expire.
- Following a U.S. district court ruling in Texas, the Department of Homeland Security proposed a new rule on Deferred Action for Childhood Arrivals on September 28, 2021.
- DHS, with the DOS, added Croatia to the list of countries eligible for participation in the Visa Waiver Program on September 30, 2021.
- On September 27, the U.S. House of Representatives introduced a reconciliation bill that includes significant changes to estate, gift and generation-skipping tax laws. While this is just the start of the process, there are three specific changes to current law in the proposed bill that will have a direct impact on estate planning if they do become law: Estate, Gift and GST Tax Exemptions, Grantor Trust Rules and Discount Planning for Nonbusiness Assets.
- The Department of State (DOS) released guidance on how its embassies and consulates are prioritizing immigrant visa applications and making “difficult decisions” as they work to reduce the backlog “resulting from travel restrictions and operational constraints caused by the global COVID pandemic.”
- The Department of Homeland Security announced an extension until December 31, 2021, of the flexibility in complying with certain requirements related to Form I-9, Employment Eligibility Verification.
- U.S. Citizenship and Immigration Services requests public comments on a revision of the H-1B Registration Tool.
- U.S. Citizenship and Immigration Services has launched a new Lockbox Filing Location Updates page, to be updated regularly.
- Effective October 1, 2021, with few exceptions, those applying for permanent residence (green card) must be vaccinated against COVID-19, now classified as a “Class A inadmissible condition,” the Centers for Disease Control and Prevention announced.
- The Department of Homeland Security announced on August 20, 2021, that it is seeking data and information from the public that the agency intends to use to develop a public charge regulatory proposal.
- On August 17, 2021, the Department of Labor’s Office of Foreign Labor Certification announced several enhancements to the Foreign Labor Application Gateway (FLAG) system.
- Applicants filing for lawful permanent resident status can now apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process, U.S. Citizenship and Immigration Services announced.
- EventHealth Law Webinar—Refunding Wisely: Avoiding Doing the Right Thing the Wrong Way
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