Biden Administration

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Approximately 27,000 additional Cap H-1B cases were selected in a second-round lottery for fiscal year 2022. The selected petitions must be filed by November 3, 2021. In the meantime, litigation challenging the validity of the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions Rule (Modification Rule), for next year’s petitions, are…

The Department of Homeland Security (DHS) announced that, because of new dire circumstances, TPS for Haiti will be designated for 18 months effective August 3, 2021, through February 3, 2023.

The designation is a response to the “[d]eteriorating political crisis, violence, and a staggering increase in human rights abuses,” as well as a deteriorating healthcare…

President Joe Biden has authorized thousands of Hong Kong residents currently residing in the United States to remain in the country pursuant to Deferred Enforced Departure (DED) for up to 18 months. In addition, he authorized employment for covered Hong Kong residents and the relaxation of employment rules for F-1 students from Hong Kong.

DED…

The State Department, in coordination with the CDC, raised its Travel Advisory for the United Kingdom to “Do Not Travel” because of COVID-19 (Level IV).

Coincidentally, the Department’s move came on the same day Prime Minister Boris Johnson lifted most COVID-19-related restrictions in the United Kingdom (yet, excluding Wales, Scotland, and Northern Ireland). He made…

Secretary of Homeland Security Alejandro N. Mayorkas announced an 18-month extension and re-designation of Somalia for Temporary Protected Status (TPS) through March 17, 2023.

The Secretary stated, “Three decades of conflict in Somalia, along with natural disasters and disease outbreaks, have worsened an already severe humanitarian crisis.” Somalia has been dealing with violence, drought,…

The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al.

Judge Hanen issued an injunction preventing the Department of Homeland Security (DHS) from accepting new DACA applications. However, recognizing the substantial reliance interests involved, he allowed…

Yemeni Temporary Protected Status (TPS) will be extended for 18 months, until March 3, 2023, according to an announcement from Secretary of Homeland Security Alejandro N. Mayorkas.

The Secretary decided to extend and re-designate Yemen for TPS because, due to “ongoing armed conflict,” the country “continues to experience worsening humanitarian and economic conditions,” including…

The Department of Labor (DOL) has informed a federal court in California that it did not wish to defend the proposed prevailing wage rule, which would impose steep wage hikes, “at the same time that is internally evaluating the propriety of that Rule” in the challenge to stop the agency from changing the prevailing wage…

Citing the need to adequately assess their potential impact, the Biden Administration seeks to delay, or reverse, in some cases, a triumvirate of rules issued by the previous administration aimed to dramatically change the H-1B process. These include a rule substantially raising prevailing wages, a rule changing the definition of “specialty occupation” and the “employer-employee…

Travel restrictions related to COVID-19 have been in place for more than a year. Certain restrictions have been removed, but the ones on travel from Brazil, China, India, Iran, Ireland, the Schengen Zone, South Africa, and the United Kingdom remain in effect. The White House wants to remove more restrictions and has announced it is…