As of January 22, 2022, all non-U.S. individuals seeking entrance to the United States at land or sea ports of entry on the Mexican or Canadian borders must be “fully vaccinated” and provide proof of such. There is no longer an exception for “essential” travel. The requirement does not apply to U.S. individuals, i.e., U.S.
Permanent Residence
Employment-Based Preference Visa: Transfer Underlying Basis for Pending Green Card Application
For the first time, USCIS has advised people with a pending green card application of its documentary requirements for transfers between employment-based classifications and issued an alert regarding the process.
The “exceptionally high number of employment-based [immigrant] visas available this fiscal year” has prompted USCIS to encourage U.S. employers petitioning for employees to utilize either…
Early Stage Tech Companies: Navigating Potential Pitfalls
For early-stage tech employers, rapid business growth can quickly lead to costly employment and immigration law missteps. Risks can be magnified when striving to attract talent. Please listen to the robust and enlightening discussion among Jackson Lewis immigration attorneys Zain Abidi and Benjamin Lau, together with Jackson Lewis employment attorney Doug Klein, here.
New York City Grants Non-U.S. Citizens Right to Vote in Local Elections
The City Council of New York City unanimously passed legislation giving non-U.S. citizens the right to vote in local elections starting on January 9, 2023.
The bill grants this local franchise to 800,000 non-citizens if they are Permanent Residents or have work authorization and have been in residence in the City for at least 30…
USCIS Temporarily Waives 60-Day Rule for Civil Surgeon Signatures
Applicants for Adjustment of Status to Permanent Residence will have more than 60 days after completing their medical examinations to file their Forms I-485 Adjustment of Status applications, USCIS has announced.
Due to COVID-19-related delays, USCIS has temporarily waived the requirement that a civil surgeon sign the Form I-693, Report of Medical Examination and Vaccination…
Major Immigration Law Changes in House’s Build Back Better Act
The U.S. House of Representatives passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate with key immigration reform provisions.
Protections and Work Permits
Section 60001 of the BBBA includes language that would amend…
New COVID-19 Restrictions in Response to Omicron Variant
The Administration has imposed new restrictions beginning November 29, 2021 at 12:01 a.m. ET on individuals travelling to the United States from Botswana, Eswatini, Lesotho, Malawai, Mozambique, Namibia, South Africa, and Zimbabwe (the “South African restrictions”) in response to the appearance of the COVID-19 Omicron variant. These restrictions go into effect just three weeks after…
Department of Justice Action Suggests Employers Need to Adjust How They Recruit Foreign Workers
The PERM Labor Certification Process (PERM) has been used since 2005 by U.S. employers to sponsor foreign national employees for Lawful Permanent Residence, also known as “green cards.” Through the PERM process, employers are required to test the U.S. labor market through a very structured, highly regulated recruitment designed to protect U.S. workers and see…
Immigration Considerations for Foreign Property Developers Looking to Enter U.S. Market: L-1 Route
The average American may not know that some of the largest real estate developments in recent history were completed by foreign real estate companies. The L-1 nonimmigrant visa classification can provide a useful pathway for such multinational companies. See more in our publication here.
Registration for FY 2023 Diversity Visa Lottery Opening October 6
Diversity Visa (DV) Electronic Registration for Fiscal Year (FY) 2023 opens October 6, 2021, at noon ET and closes on November 9, 2021, at noon ET.
There is no cost to register, but, if selected, applicants must pay the visa application or I-485 Adjustment of Status fees.
Individuals born in certain countries are not eligible…