- 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.
- 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.