- H-2A employers that submitted job orders to state workforce agencies or applications for H-2A temporary labor certification must make wage adjustment payments to qualifying workers and certify compliance.
- U.S. Citizenship and Immigration Services (USCIS) announced updated guidance on receipts for the I-9 employment authorization verification process.
- USCIS reminds employers that refugees and asylees may present any acceptable documents to fulfill I-9 employment authorization verification requirements.
- USCIS reminded employers that they must take action on Tentative Nonconfirmation cases for their employees within 10 federal government working days.
- New Deferred Action for Childhood Arrivals applications will not be allowed under a ruling by a U.S. district judge in Texas on July 16, 2021.
- The Department of Justice released a reminder for Deferred Action for Childhood Arrivals recipients and employers on July 21, 2021.
- U.S. Citizenship and Immigration Services announced on July 23, 2021, that employers may file H-2B petitions for returning workers under the fiscal year 2021 H-2B supplemental visa temporary final rule.
- U.S. Citizenship and Immigration Services (USCIS) announced on July 20, 2021, new policy guidance that eliminates the need for individuals who have applied for a change of status to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 change of status application is pending.
The United States has once again extended travel restrictions at its borders with Canada and Mexico for nonessential travel into the United States at least through August 21, 2021.
- U.S. Citizenship and Immigration Services made several updates to its USCIS Policy Manual. There are several highlights to note.
- Under a court order, U.S. Citizenship and Immigration Services extended flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization.
- U.S. Citizenship and Immigration Services announced that it needed to select additional H-1B registrations to reach the fiscal year 2022 quota.
- U.S. Citizenship and Immigration Services is attempting to adjudicate as many adjustments of status applications as possible before the end of the fiscal year.
- A group of 125 Indian and Chinese immigrants approved for employment-based green cards sued U.S. Citizenship and Immigration Services in federal court in Maryland on August 3, 2021.
- According to reports, the Biden administration is developing a “phased” plan to require most travelers to the United States to be fully vaccinated, with exceptions.
One of the main purposes for “development agreements” is to provide the owner and developer with certainty to justify the significant sums they are investing in their developments. However, a change in control of a municipality can often result in the desire to avoid the terms of a development agreement signed by a previous administration.
As the area of NIL continues to evolve, it is important for student-athletes, parents, advisors and coaches to stay up-to-date on the most current changes to the rules, because there is nothing more important than preserving one’s eligibility.
- H-2B Alert: Employers may now file H-2B Petitions for returning workers under FY 2021 Supplement Visa Temporary Final Rule
- On June 29, 2021, the Department of State extended the validity of National Interest Exceptions for travelers subject to restrictions under presidential proclamations related to the spread of COVID-19.
- In light of delays and a June district court order vacating the final rule, the operative version of the regulations "continues to be the version in place on October 7, 2020, prior to the publication" of the interim final rule, the Office of Foreign Labor Certification said.
- The agency released guidance on July 1, 2021, noting that the lapse does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program.
- The exceptions include general categories like U.S. citizens, lawful permanent residents and certain types of workers, as well as national interest.
- USCIS will accept resubmitted fiscal year 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after October 1, 2020.
- In response to the COVID-19 pandemic, USCIS is extending to September 30, 2021, previously announced flexibilities to assist applicants, petitioners and requestors responding to certain requests.
- The three-day filing window to submit an H-2B Application for Temporary Employment Certification requesting a work start date of October 1, 2021, will open on July 3, 2021.
- Temporary limits on nonessential travel of individuals from Canada or Mexico into the United States at land ports of entry along the border, including ferry service, will continue through July 21, 2021.
- USCIS launched the hub to provide information to the public on employers or agents petitioning for H-2B workers.
- The Department of State's Visa Bulletin for July includes advances in final action dates for China and Vietnam. The bulletin also notes that because there has not yet been legislative action to extend the EB-5 program, final action dates for the I5 and R5 categories are listed as "Unavailable" for July.
- USCIS reported that the H-1B cap electronic registration process was "again well-received by users, who provided a high satisfaction score with the system for FY 2022 (4.87 out of 5)." USCIS received 308,613 H-1B registrations during the initial registration period and selected 87,500 registrations projected as needed to reach the FY 2022 numerical allocations.
- As of June 25, 2021, the Vermont Service Center will no longer receive any incoming mail at the St. Albans, Vermont, facility, which is being decommissioned. Mail sent to the previous address will be forwarded for one year.
- USCIS issued new policy updates to clarify the criteria and circumstances for expedited processing; improve guidance for requests for evidence and notices of intent to deny; and increase the validity period for initial and renewal work authorization documents for certain noncitizens with pending adjustment of status applications.
- USCIS issued guidance on the Form I-9 Employment Authorization Verification process, for H-2B workers seeking to change employers.
The Iowa Supreme Court recently provided employers some much-needed guidance.
What is all the buzz about Federal OSHA’s new COVID-19 Emergency Temporary Standard for healthcare providers?
On June 26, 2021, passing with bipartisan support, Minnesota’s Natural Gas Innovation Act (Special Session HF6, the Commerce and Energy Omnibus) was presented and signed into law by Governor Walz.
The North Dakota Supreme Court recently addressed an issue of first impression related to the valuation point of oil for purposes of determining royalty due to a mineral owner.
Effective May 17, 2021, U.S. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.
USCIS announced that DHS is withdrawing a 2018 proposed rule that would have removed the International Entrepreneur parole program from DHS regulations.
The Department of Homeland Security issued a final rule, effective May 19, 2021, that removes an interim final rule issued in October 2020 and later vacated by a federal district court, “Strengthening the H-1B Nonimmigrant Visa Classification Program.”
The Departments of Homeland Security and Labor published a joint temporary final rule making available an additional 22,000 H-2B temporary nonagricultural guest worker visas for fiscal year 2021 “to employers who are likely to suffer irreparable harm without these additional workers.”
ACE and a group of higher education associations sent a letter to Secretary of State Antony Blinken and Secretary of Homeland Security Alejandro Mayorkas urging them to take immediate action to allow international students to return to their campuses and institutions in the fall semester.
Due to updated guidance from the Centers for Disease Control and Prevention, U.S. Citizenship and Immigration Services has updated its visitor policy.
U.S. Immigration and Customs Enforcement announced an extension until August 31, 2021, of the flexibilities in rules related to Form I-9 compliance that were initially granted last year due to precautions related to COVID-19.
Alejandro Mayorkas, Secretary of the Department of Homeland Security, announced on June 1, 2021, that he has terminated the Migration Protection Protocols program.
On May 27, 2021, the Department of State expanded the National Interest Exception criteria for individuals subject to proclamations restricting travel to the United States due to physical presence in China, Iran, India, Brazil, South Africa, the Schengen Area, the United Kingdom and Ireland.
Under the recently announced H-2B supplemental cap temporary final rule, U.S. Citizenship and Immigration Services announced on June 3, 2021, that it has received enough petitions to reach the cap for the additional 16,000 H-2B visas made available for returning workers only.
President Biden revised the United States’ annual refugee admissions cap to 62,500 for fiscal year 2021, with a goal of 125,000 admissions for FY 2022.
The Department of Labor has delayed a final rule on prevailing wage computations from May 14, 2021, until November 14, 2022.
USCIS announced on May 11, 2021, that applicants, petitioners, requestors and beneficiaries may now call to reschedule their biometric services appointments scheduled at a USCIS Application Support Center.
Due to shifting commodity prices, land use regulations, and a variety of other factors, mineral interests often go unused for significant periods of time.
