The restrictions on the issuance of H-1B, L-1, and J-1 nonimmigrant “guest-worker” visas, which have been in place since June 24, 2020, expired without fanfare on March 31, 2021. As a result, U.S. consulates around the world will resume issuing H-1B, L-1, and J-1 visas without the need for an additional national interest exception
Biden Administration
U.S. Supreme Court to Hear Case Regarding TPS Status and Eligibility for Adjustment
The U.S. Supreme Court agreed to hear a case from the Third Circuit that will resolve the circuit split on whether a grant of temporary protected status (TPS) authorizes eligible noncitizens to obtain lawful-permanent-resident status. Sanchez v. Mayorkas, No. 20-315. Arguments for the case are set for April 19, 2021.
A circuit court split…
Legislation Update: House Passes Bills on Dreamers, Farm Workers
On his first day in office, President Joe Biden signed a memorandum fortifying the Deferred Action for Childhood Arrivals (DACA) policy. His administration also has granted Temporary Protected Status (TPS) to more individuals: those from Venezuela and Burma. Building on this, President Biden also proposed broad legislative immigration reform, including a path to citizenship for…
Easing of COVID-19 Travel Restrictions Expected in May
Some of the inbound international travel restrictions that have bedeviled U.S. employers reportedly are expected to be lifted by mid-May.
This will include restrictions on travel from the UK, Europe, and Brazil, as well as the travel restrictions at the Northern and Southern borders, which were recently continued until April 21, 2021. An anonymous senior…
Immigration Policies Can Focus on Geographical Areas of Declining Population
Over 40 percent of counties in the United States are experiencing population declines, and the country is experiencing a decline in the working-age population. Together, these demographics, some say, may signal an eventual slowdown of the economy. How to reverse the trend? Immigrants moving to targeted areas could help stem the decline.
Countries such…
Update: Venezuelans Eligible for TPS and Corresponding Employment Authorization
Eligible Venezuelans in the United States may now apply for Temporary Protected Status (TPS) according to an announcement made this week by Alexajandro Mayorkas, Secretary of the Department of Homeland Security (DHS). TPS is granted to individuals who cannot return to their home countries safely. In the case of Venezuela, Secretary Mayorkas stated that the…
Dropping Public Charge Rule, DHS Announces Return to Previous Policy to Determine Admissibility
Secretary of the Department of Homeland Security (DHS) Alejandro Mayorkas has announced that the public charge rule, put in place by the Trump administration in 2019, is no longer in effect. Instead, DHS will return to its previous policy, which had been in effect for 20 years, since 1999.
In his announcement, Secretary…
New COVID-19 Travel Restrictions for United Kingdom, Ireland, Schengen Area
When President Joe Biden revoked the immigrant visa ban, but not the nonimmigrant visa ban or 14-day travel restrictions, it seemed there might be problems ahead. New restrictions on National Interest Exceptions (NIEs) to the 14-day travel restrictions for the United Kingdom, Ireland, and Schengen Area have been issued, and many individuals currently in…
Biden Revokes Immigrant Visa Ban
President Joe Biden has revoked the immigrant visa ban because he believes it did not advance the interests of the United States, but instead harmed United States industries, families, and diversity immigrant visa lottery winners.
The ban was put in place by former President Donald Trump in April 2020 on the stated ground that…
Naturalization Test Returning to 2008 Version in March
On March 1, 2021, USCIS will be returning to the 2008 version of the naturalization civics test. This change is a response to President Joe Biden’s Executive Order, “Restoring Faith in Our Legal Immigration System,” that directed a review of the naturalization process to eliminate barriers to the process. Individuals who file naturalization applications…