The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District Court for the District of Southern Georgia. That order prevents the DOL from enforcing its new H-2A Farmworker Visa Rule against
H-2A
U.S. Embassy in Havana Restores Visa Services for 7 Work, Exchange Visas
The U.S. Embassy in Havana has expanded visa services to include some temporary non-immigrant visas. Cuban nationals with the following approved petitions will be able to schedule visa interviews at the Embassy:
DOL: Indefinite Delay in FLAG System Update for New H-2A Farmworker Visa Rule
The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers Protection Final Rule until further notice. For now, H-2A job orders and applications will continue to be received and processed under…
Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States
Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of the U.S. District Court for the District of Southern Georgia has granted a preliminary injunction preventing the DOL…
Higher Enforcement Activity Expected After DOL-EEOC Partnership Agreement
The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts.
Based upon a Memorandum of Understanding (MOU), the agencies are “forming this partnership to encourage greater coordination between them through information sharing, joint investigations, training and outreach.” This…
End of Paper Form I-94, Arrival/Departure Record
U.S. Customs and Border Protection (CBP) will no longer issue a paper Form I-94, Arrival/Departure Record, to individuals arriving to the United States at a land border. Now, the information that was on the I-94 is on the CBP’s I-94 website and available on the CBP One Mobile application.
It has taken some time…
‘Dignity Act’ Immigration Bill Includes Mandatory E-Verify, Path to Citizenship, Border Security
In December 2021, Congressional Democrats tried to include immigration reforms in the Build Back Better Act (BBBA). Some of the proposals would have helped unauthorized immigrants by providing those eligible with parole and work authorization. The bill also would have reduced green card backlogs and provided some applicants with expedited green cards for a fee.…
White House, State Department Announcements on Travel Restrictions, Visa Interviews, and More
As 2021 comes to an end, the White House and the Department of State have announced:
- South African Travel Restrictions Lifted.
The 14-day travel restrictions on southern African countries will be lifted as of midnight on December 31, 2021. Adopted on November 29th, the restrictions based on spread of the COVID-19 Omicron variant…
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…
Relaxed H-2A Rules Continue
Due to the continuation of the COVID-19 national emergency, the Department of Homeland Security (DHS) has decided to continue its temporary loosening of H-2A rules to make it easier to employ temporary, seasonal agricultural workers.
Under the rule:
- Employers can continue to petition to employ foreign workers who are already in the U.S. in H-2A
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