In this issue:

1. GLOBAL – In a rapidly developing situation, several countries imposed travel bans quickly in response to the new “Omicron” coronavirus variant. As the pandemic situation remains fluid, travelers should check for the latest requirements before traveling.

2. CANADA – This article discusses recent developments in COVID-19-related border measures.

3. ITALY – The travel ban was lifted for entries from Brazil, India, and Sri Lanka.

4. MEXICO – A new policy shortens the validity of periods of stay for visitors for business or pleasure.

5. RUSSIA – Air travel has resumed between Russia and numerous countries.

6. New Publications and Items of Interest – New Publications and Items of Interest

7. ABIL Member / Firm News – ABIL Member / Firm News

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ABIL Global Immigration Update – December 2021

1. GLOBAL

In a rapidly developing situation, several countries imposed travel bans quickly in response to the new “Omicron” coronavirus variant. As the pandemic situation remains fluid, travelers should check for the latest requirements before traveling.

In response to concerns and unknowns about a new coronavirus variant, called Omicron (B.1.1.529), several countries have imposed travel bans. U.S. President Biden said that most travelers (excluding U.S. citizens and lawful permanent residents) who had been in any of eight countries in southern Africa for the prior 14 days would be barred from entry into the United States. The countries include South Africa, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, and Zimbabwe. Since then, the new variant has spread to at least 38 countries, including the United States, and more are likely, according to the World Health Organization. The Biden administration also announced additional measures, effective December 6, 2021, including a requirement that inbound international passengers take a COVID-19 viral test within a day of their departure, regardless of their vaccination status, and an extension of a mask requirement on domestic flights and public transportation—including buses, trains, planes, bus terminals, and airports—through March 18, 2021. Fines for noncompliance with the mask requirement range from $500 for a first offense to $3,000 for repeat violations.

For the testing requirement, U.S. Centers for Disease Control and Prevention (CDC) rules state that those who recently recovered from COVID-19 may instead travel with documentation of recovery (i.e., a positive COVID-19 viral test result on a sample taken no more than 90 days before the flight’s departure from a foreign country and a letter from a licensed healthcare provider or a public health official stating that the passenger was cleared to travel).

Regarding the one-day requirement for testing, the CDC explained:

The 1-day period is 1 day before the flight’s departure. The Order uses a 1-day time frame instead of 24 hours to provide more flexibility to the air passenger and aircraft operator. By using a 1-day window, test acceptability does not depend on the time of the flight or the time of day that the test sample was taken.

For example, if your flight is at 1 pm on a Friday, you could board with a negative test that was taken any time on the prior Thursday.

Meanwhile, as of November 27, 2021, the U.S. Department of State issued a Level 4 Travel Health Notice for South Africa: “Do not travel to South Africa due to COVID-19.” The Biden administration indicated that more countries could be added to the restricted list if warranted.

As this is a rapidly developing, fluid situation, travelers should check the latest updates before departure.

Details:

• “New U.S. Travel Rules: What You Need to Know About the Changes Prompted by Omicron,” CNN, Dec. 3, 2021, https://www.cnn.com/travel/article/new-us-travel-rules-omicron-what-to-know/index.html
• “U.S. Tightens Travel Testing Requirements, Mask Mandates as Part of Broader Plan to Fight Covid,” CNBC, Dec. 2, 2021, https://www.cnbc.com/2021/12/02/omicron-covid-variant-us-tightens-travel-testing-requirements-mask-mandates.html
• “Requirement for Proof of Negative COVID-19 Test or Documentation of Recovery From COVID-19,” CDC, Dec. 2, 2021, https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-international-air-travelers.html
• “U.S. Imposes Travel Ban From Eight African Countries Over Omicron Variant,” Nov. 27, 2021, https://www.reuters.com/world/us/us-impose-travel-curbs-eight-southern-african-countries-over-new-covid-19-2021-11-26/
• “A Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019,” White House, Nov. 26, 2021,

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2. CANADA

This article discusses recent developments in COVID-19-related border measures.

The government of Canada announced on November 26, 2021, that as a precautionary measure due to concerns about the new “Omicron” variant of concern, until January 31, 2022, Canada is implementing enhanced border measures for certain travelers.

Also, on November 19, 2021, the government of Canada announced upcoming adjustments to Canada’s border measures. In a press release, the government of Canada indicated that it will continue to prioritize the health and safety of Canadians. As vaccination levels, case counts, and hospitalization rates evolve, Canada will continue to consider further targeted measures at the borders—and when to lift or adjust them—to keep Canadians safe. As the pandemic situation remains fluid, travelers should check for the latest requirements before traveling.

According to the November 19 announcement, as of November 30, 2021, fully vaccinated Canadian travelers will no longer be subject to testing requirements for trips outside of the country for less than 72 hours; the list of accepted vaccines will expand to include Sinopharm, Sinovac, and COVAXIN; and vaccination will be required for travel within and out of Canada.

The government of Canada also announced that as of January 15, 2022, certain groups of travelers who are currently exempt from entry requirements will only be allowed to enter the country if they are fully vaccinated with one of the vaccines approved for entry into Canada.

Below is a summary of developments:

What is changing now?

As noted above, due to concerns about the new variant, additional restrictions are being imposed on certain travelers. According to the November 26 press release, until January 31, 2022, Canada is implementing enhanced border measures for all travelers who have been in the Southern Africa region—including South Africa, Eswatini, Lesotho, Botswana, Zimbabwe, Mozambique, and Namibia—within the last 14 days before arriving in Canada. Foreign nationals who have traveled in any of these countries within the previous 14 days will not be permitted entry into Canada. They will be directed to be tested and to quarantine while they await their test results.

Canadian citizens, permanent residents, and people with status under the Indian Act, regardless of their vaccination status or having had a previous history of testing positive for COVID-19, who have been in these countries in the previous 14 days will be subject to enhanced testing, screening, and quarantine measures. These individuals will be required to obtain, within 72 hours of departure, a valid negative COVID-19 molecular test in a third country before continuing their journey to Canada. Upon arrival to Canada, regardless of their vaccination status or having had a previous history of testing positive for COVID-19, they will subject to immediate arrival testing. All travelers will also be required to complete a test on day 8 after arrival and quarantine for 14 days. They must also have a suitable quarantine plan.

Short Trips

Effective November 30, 2021, fully vaccinated individuals with right of entry to Canada who depart and re-enter the country within 72 hours of leaving Canada do not need to present a pre-entry molecular test. This exemption is only for trips originating in Canada taken by fully vaccinated Canadian citizens, permanent residents, or individuals registered under the Indian Act, who depart and re-enter by land or by air and can demonstrate that they have been away from Canada for less than 72 hours. This exemption extends to accompanying children under 12 and individuals with medical contraindications to vaccination.

For fully vaccinated travelers with right of entry into Canada who are traveling by air, the 72-hour period runs from the initially scheduled departure time for their flight leaving Canada to the scheduled departure time for their return flight to Canada. Travelers are responsible for maintaining proof of the 72-hour period to show airline/rail companies and border officials as required (e.g., boarding pass, travel itinerary).

Vaccination Status

Previously, to be considered fully vaccinated, travelers must have received two doses or a combination of the Pfizer, Moderna, or AstraZeneca/COVISHIELD vaccines, or a single dose of the Janssen (Johnson & Johnson) vaccine, at least 14 days before their entry to Canada. As of November 30, 2021, Canada expanded the list of COVID-19 vaccines that travelers can receive to be considered fully vaccinated for the purpose of travel to Canada. The list now includes Sinopharm, Sinovac, and COVAXIN, matching the World Health Organization Emergency Use Listing.

Travelers can receive their vaccines in any country, and must upload their proof of vaccination in English or French into ArriveCAN when traveling to Canada. If the proof of vaccination is not in English or French, travelers must provide a certified translation in English or French.

Travel Within and Out of Canada

Starting November 30, 2021, vaccination is required for travel via air or rail within and out of Canada. A valid COVID-19 molecular test is no longer accepted as an alternative to vaccination unless travelers are eligible for one of the limited exemptions, such as a medical inability to be vaccinated. Travelers should contact their airline or railway company to obtain the necessary form and submit it in accordance with their carrier’s approval process.

While Canadian citizens, permanent residents, and persons registered under the Indian Act can still enter Canada if they are unvaccinated or partially vaccinated, they are not permitted to travel beyond their point of entry within Canada on a connecting flight or by rail. These travelers should plan their return accordingly by selecting a Canadian airport that is closest to their final destination, and expect to be subject to testing and quarantine.

New ArriveCAN Requirements for Essential Travelers

As of November 30, 2021, all exempt essential service providers must identify their vaccination status in ArriveCAN, regardless of whether or not they are allowed to enter as unvaccinated.

If an exempt essential traveler previously created a reusable ArriveCAN receipt, they must either download the latest version of the free ArriveCAN mobile app or sign in to the web version, and re-submit all of their information, including the newly required information on proof of vaccination, to get a new exempt reusable ArriveCAN receipt. Once an exempt traveler creates a new reusable receipt, the receipt can be used for subsequent trips.

What will change on January 15, 2022?

The government of Canada also announced that as of January 15, 2022, certain groups of travelers who are currently exempt from entry requirements will only be allowed to enter the country if they are fully vaccinated with one of the vaccines approved for entry into Canada. These groups include:

• Individuals traveling to reunite with family (unvaccinated children under 18 years of age will retain exemption if traveling to reunite with an immediate or extended family member who is a Canadian, permanent resident, or person registered under the Indian Act);
• International students who are 18 years old and older;
• Professional and amateur athletes;
• Individuals with a valid work permit, including temporary foreign workers (outside of those in agriculture and food processing); and
• Essential service providers, including truck drivers.

After January 15, 2022, unvaccinated or partially vaccinated foreign nationals will only be allowed to enter Canada if they meet the criteria for limited exceptions, which apply to certain groups such as agricultural and food processing workers, marine crew members, those entering on compassionate grounds, new permanent residents, resettling refugees, and some children under the age of 18. Exempt unvaccinated travelers will continue to be subject to testing, quarantine, and other entry requirements. Non-exempt unvaccinated or partially vaccinated foreign nationals will be prohibited entry into Canada.

What requirements are still in place?

For trips out of the country longer than 72 hours, all travelers eligible to enter Canada must complete the mandatory pre-entry molecular COVID-19 test. Antigen tests are not accepted. Travelers who have already had COVID-19 and recovered can provide proof of a positive COVID-19 molecular test taken at least 14 days and no more than 180 days before the initial scheduled departure time of their aircraft, or their entry into Canada by water or land. If arriving by air, they must provide proof of their test result to the airline before boarding their flight to Canada.

As has been the case since August 9, 2021, fully vaccinated travelers do not need to take a test on arrival unless they are randomly selected to complete a day 1 COVID-19 molecular test. All travelers who are randomly selected for the border testing surveillance program must complete the mandatory arrival test. However, they do not have to quarantine while awaiting the result.

Fully vaccinated travelers must also be asymptomatic, have a paper or digital copy of their vaccination documentation in English or French (or certified translation, along with the original), and provide COVID-19-related information electronically through the ArriveCAN app before arrival in Canada. They must still present a suitable quarantine plan, and must be prepared to quarantine in case it is determined at the border that they do not meet all of the conditions required to be exempt from quarantine. As with all other exempt travelers, they must follow public health measures in place, such as wearing a mask when in public, keeping a copy of their vaccine and test results, and keeping a list of close contacts for 14 days after entry to Canada.

Details:

• “Government of Canada Introduces New Measures to Address COVID-19 Omicron Variant of Concern,” Public Health Agency of Canada, Nov. 26, 2021, https://www.canada.ca/en/public-health/news/2021/11/government-of-canada-introduces-new-measures-to-address-covid-19-omicron-variant-of-concern.html
• “Government of Canada Announces Adjustments to Canada’s Border Measures,” news release, Public Health Agency of Canada, Nov. 19, 2021, https://www.canada.ca/en/public-health/news/2021/11/government-of-canada-announces-adjustments-to-canadas-border-measures.html
• ArriveCAN, https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19/arrivecan.html

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3. ITALY

The travel ban was lifted for entries from Brazil, India, and Sri Lanka.

Although it is still not possible to travel from these countries without restrictions (for example, it is not possible to travel for tourism), travel from Brazil, India, and Sri Lanka is now allowed for specific reasons (work, health, study, absolute urgency, or return to one’s domicile, home, or residence).

For additional information on exemptions and rules on entry (required self-isolation, covid test, etc.) please visit the Ministry of Health website at this link.

Details:

• COVID-19, Travellers (additional information on exemptions and rules on entry (required self-isolation, testing, and other details), Ministry of Health,

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4. MEXICO

A new policy shortens the validity of periods of stay for visitors for business or pleasure.

Mexican immigration authorities are applying a new policy: validating the Multi-Purpose Immigration Form (FMM) for less than the usual 180-day period. As a result of the interview at the port of entry and after reviewing the dates of departure of foreigners, officers of the National Immigration Institute are authorizing foreigners’ stays for up to 7 days, 15 days, 30 days, 90 days, or other periods.

Formerly, those entering Mexico as visitors for business purposes or for pleasure were given a permit to stay in Mexican National Territory for up to 6 months; but not anymore; now, the period of stay will be granted according to information provided at the port of entry.

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5. RUSSIA

Air travel has resumed between Russia and numerous countries.

As of October 26, 2021, air travel was resumed with the Bahamas, Iran, the Netherlands, Norway, Oman, Slovenia, Sweden, Thailand, and Tunisia.

For the full list of countries with which air travel has been resumed as of October 26, 2021, see https://vista-immigration.ru/coronavirus-air-communications-resumed-with-new-countries-5/.

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6. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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7. ABIL Member / Firm News

Alliance of Business Immigration Lawyers attorneys and their partners listed in the Top 25 Global Migration Attorneys by Uglobal Immigration Magazine include:

Ronald Klasko

Ira Kurzban

Marco Mazzeschi

Bernard Wolfsdorf

Stephen Yale-Loehr

https://www.uglobal.com/en/immigration/posts/top-25-global-migration-attorneys/

The following ABIL members and associates were listed in Best Lawyers 2022:

Allison-Clare Acker, Santa Monica, CA

Fausta Maria Albi, San Diego, CA

James Alexander, Washington, DC

Erik Anderson, Reston, VA

Meredith Barnette, Charlotte, NC

Dustin Baxter, Atlanta, GA

Avalyn Castillo Langemeier, Houston, TX

Danielle Claffey, Atlanta, GA

Diana Vellos Coker, San Diego, CA

Sharon Lynn Cook, Atlanta, GA

Philip Curtis, Boston, MA

Helene Dang, Houston, TX

Dyann DelVecchio, Boston, MA

Leslie Ditrani, Boston, MA

Sandra Dorsthorst, Houston, TX

Philip Eichorn, Houston, TX

Elisa Fialkowski, Philadelphia, PA – 2022 “Lawyer of the Year” in Immigration Law in Philadelphia

Charles Foster, Houston, TX

Avi Friedman, Santa Monica, CA

David Fullmer, Santa Monica, CA

Bryan Funai, Schaumburg, IL

Steven Garfinkel, Charlotte, NC

Jorge Gavilanes, Atlanta, GA

Vic Goel, Reston, VA

Michelle Gergerian, Boston, MA

Aaron Hall, Aurora, CO

Elise A. Healy, Dallas, TX

Brenda Hicks, Houston, TX

William Hummel, Charlotte, NC

David Isaacson, New York, NY

Linda Kim, Fremont, CA

James King, Atlanta, GA

Ronald Klasko, Philadelphia, PA

Charles Kuck, Atlanta, GA

Ira Kurzban, Coral Gables, FL

Vincent Lau, Boston, MA – 2022 “Lawyer of the Year” in Immigration Law in Boston

Marketa Lindt, Chicago, IL

Hannah Little, Charlotte, NC – 2022 “Lawyer of the Year” in Immigration Law in Charlotte

Eric Lockwood, Boston, MA

Robert Loughran, Austin, TX – 2022 “Lawyer of the Year” in Immigration Law in Austin

Florence Luk, Houston, TX

Lorie Lunn, Boston, MA

Dawn Lurie, Washington, DC

Elizabeth Matherne, Atlanta, GA

Cyrus Mehta, New York, NY

John Meyer, Houston, TX

John Nahajzer, Washington, DC

Farshad Owji, San Francisco, CA

Layla Panjwani, Houston, TX

Angelo Paparelli, Los Angeles, CA

José Pérez, Jr., Houston, TX – 2022 “Lawyer of the Year” in Immigration Law in Houston

John Pratt, Coral Gables, FL

Naveen Rahman Bhora, New York, NY

Kimberley Best Robidoux, San Diego, CA

Leon Rodriguez, Washington, DC

Magaly Rojas Cheng, Boston, MA

Cliff Rosenthal, Santa Monica, CA

Nestor Rosin, Houston, TX

Tracy Schauff, Troy, MI

Gregory Siskind, Memphis, TN

Mark Stewart Johnson, Atlanta, GA

William Stock, Philadelphia, PA

Lynn Susser, Memphis, TN

Russell Swapp, Boston, MA

Helena Tetzeli, Coral Gables, FL

Bernard Wolfsdorf, Santa Monica, CA

Stephen Yale-Loehr, Ithaca, NY

Richard Yemm, Santa Monica, CA

Lisa Yu, Santa Monica, CA

Andres Zamberk, Houston, TX

Best Lawyers®: Ones to Watch:

Amanda Brown, Boston, MA

Karuna Chandani Simbeck, Philadelphia, PA

Natalia Gouz, Philadelphia, PA

Kevin Gregg, Coral Gables, FL

Lisa Locke, Reston, VA

Michele Madera, Philadelphia, PA

Miki Matrician, Boston, MA

Maria Mihaylova, Philadelphia, PA

Vi Nguyen Palacios, Houston, TX

Youngwook “Christian” Park, Reston, VA

Alexandra Vickery, Houston, TX

Oliver Yang, Philadelphia, PA

https://www.bestlawyers.com/

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) was quoted by Forbes in “New Increase in H-1B Visa Fees Further Shatters ‘Cheap Labor’ Myth.” She said, “I think employers sponsor H-1B professionals because they have to, not necessarily because they want to. It’s expensive, comes with compliance issues that are not a factor in hiring domestically and is limited to 6 years. At the end of that time and significant investment, there is no guarantee that the employee will ultimately be able to remain in the United States. If not, the employer starts all over again. I have talked to employers who say the worst thing is when you develop a star employee who excels and then their visa is not renewed, or the green card application fails. Then you have to replace them with someone new and it’s such a waste of time, money and human potential.” https://www.forbes.com/sites/stuartanderson/2021/11/01/new-increase-in-h-1b-visa-fees-further-shatters-cheap-labor-myth/?sh=e5d580e5b15d

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) authored “Action Needed in Ga. and Congress on Immigration Relief,” published by the Atlanta Journal-Constitution.

News from Foster LLP:·         Avalyn Langemeier presented “U.S. Immigration: Recap of 2021 and Strategic Planning for 2022,” at the HR Houston November General Meeting on November 18, 2021. She discussed immigration issues in 2021 during the pandemic, including challenges related to travel, remote work, work authorization, government processing delays, and Form I-9 compliance. Based on lessons learned, this session helped the audience identify potential immigration issues affecting their businesses so they can prepare an immigration plan and strategy for 2022. https://www.hrhouston.org/events/EventDetails.aspx?id=1560064&group= ·         Brenda Hicks and Cody Wallace discussed ongoing developments in global immigration laws and procedures on a worldwide scale and the effects they may have on the relocation of employees. The webinar was held on December 1, 2021. https://register.gotowebinar.com/register/916151990262688016 ·         Helene Dang presented “Managing Immigration Status Over the Long Haul Under Pandemic Restrictions” in a webinar with Worldwide ERC on December 2, 2021. She discussed some immigration-related changes and effects of our collective pandemic experience and considerations for employers and employees to manage and maintain legal immigration work status in the long term. https://www.worldwideerc.org/webinar/managing-immigration-status-over-the-long-haul-under-pandemic-restrictions

• Avalyn Langemeier and Liliana Kottwitz presented a webinar, “Thinking Outside the Box: O-1 and P Visas, TPS and DACA,” on November 10, 2021. The webinar provided human resources professionals an overview of the O-1 visa category for individuals of extraordinary ability and P visas for entertainers and athletes. HR professionals also gained insight into Temporary Protected Status and Deferred Action for Childhood Arrivals for eligible individuals.

Mazzeschi SRL has published the November 2021 edition of its magazine. The topic is “Italian Immigration & Citizenship.” https://www.mazzeschi.it/mazzeschi-asiadesk/wp-content/uploads/2021/10/Magazine-Nov-2021_compressed.pdf

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) authored a new blog post, “The Legal Basis Underpinning the New Automatic Extension of Work Authorization for H-4, L-2 and E-2 Spouses, and Why It Must Still Be Challenged.” http://blog.cyrusmehta.com/2021/11/the-legal-basis-underpinning-the-new-automatic-extension-of-work-authorization-for-h-4-l-2-and-e-2-spouses-and-why-it-must-still-be-challenged.html

Mr. Mehta was quoted by India West in “USCIS Reaches Settlement With H-4 Workers, Allowing Automatic Renewal of Employment Authorization for Some.” He tweeted, “USCIS needs to be sued again. H-4s who file EAD renewals concurrently with an I-539 extension may receive only a brief auto-extension, just to the end of their current I-94 date, but most existing EADs end with the current I-94 date.”

Mr. Mehta co-authored a blog post with Kaitlyn Box: “The Facebook Settlement Resolving Claims of Discrimination Against U.S. Workers Only Adds to the Contradictions in the Labor Certification Program.”

Mr. Mehta co-authored a blog post with Jessica Paszko: “Florida Detox Centers Provides Further Guidance on Rejecting U.S. Workers on Resume Review.”

Mr. Mehta was quoted by Forbes in “House Bill Keeps Immigration Measures for High-Skilled Immigrants.” He said, “The provisions in the House bill would allow employees in the backlog to file for adjustment of status without regard to whether a priority date is available. From an employer’s perspective, they may not need to rely on the uncertainty of the H-1B visa lottery as much as they do now. An F-1 on Optional Practical Training (OPT) can be sponsored for permanent residence through labor certification during the F-1 OPT period, although one eligible for F-1 STEM OPT will have more time for the labor certification to get processed and approved. Once the labor certification is approved, the employee will be eligible to file an I-485 adjustment of status application concurrently with the I-140 petition and obtain employment authorization during its pendency,” which would allow an employee to remain in the United States and be eligible for continued employment with the employer. “Employers may help an employee with an approved petition by paying the $5,000 on their behalf so that he or she can get permanent residence more quickly. An employer that facilitates permanent residence will be more attractive to noncitizen employees. An individual can pay the $5,000, both under current law and the bill.” https://www.forbes.com/sites/stuartanderson/2021/11/01/house-bill-keeps-immigration-measures-for-high-skilled-immigrants/?sh=1ecae8f2168e

Mr. Mehta delivered the Professor K. D. Irani Memorial Lecture 2021 at the Zoroastrian Association of Greater New York on October 30, 2021. The topic of the lecture was “Legal Ethics in Contemporary Times.” Further details are at https://zagny.org/2021-professor-k-d-irani-memorial-lecture/Mr. Mehta and Ms. Box authored an article, “CSPA Triumphs in Cuthill v. Blinken: Child of Parent Who Naturalizes Should Not Be Penalized,” published in 26 Bender’s Immigration Bulletin 1665 (October 15, 2021).Wolfsdorf Rosenthal LLP has published several new blog posts: “What Doees the December 2021 Visa Bulletin Mean for New ‘Direct’ EB-5 Investors?”; “Immigration Update”; “Good News: USCIS Announces Plans to Ease Work Authorization Process for Certain E, L, and H-4 Spouses”; “White Paper: Making Travel Plans? Here’s the Short-Term Outlook”; “Success Story: EB-1A Approved in Just a Few Days!”; and “Direct EB-5 Due Diligence: Buyer Beware (and Immigration Attorneys Be Cautious). https://wolfsdorf.com/news/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) authored a new blog post, “Breaking Down the Build Back Better Act,” published by Global Detroit. https://globaldetroitmi.org/prof-stephen-yale-loehr-breaking-down-the-build-back-better-act/

Mr. Yale-Loehr was interviewed on National Public Radio’s The World about the immigration provisions in the social spending bill. The interview is at https://theworld.org/media/2021-11-11/latest-immigration-plan-congress-falling-short

Mr. Yale-Loehr was quoted by Univision in “Temporary Residence and Travel Permits: Immigration Measures Approved in Biden’s Social Plan in the House.” He said that “[t]he 2,135-page budget bill includes a number of important immigration provisions, including up to 10 years of work authorization and protection against deportation for undocumented people living in the United States The bill would also give the Department of Homeland Security $2.8 billion to help process immigration applications and reduce backlogs in case processing … and would recover employment-based and family-sponsored green cards that have not been used and that otherwise would expire at the end of each year. If enacted as is, the House bill would not offer a path to legalization for the roughly 10 million noncitizens who lack immigration status. However, the immigration provisions of the House bill would still constitute the most significant immigration changes in decades and would provide a beginning to fix our broken immigration system.” https://www.univision.com/noticias/inmigracion/residencia-temporal-permisos-de-viaje-claves-plan-migratorio-aprobado-camara-representantes-presupuesto (Spanish, with English translation available)

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In this issue:

1. CANADA – This article updates border measures for travelers entering Canada.

2. ITALY – Travelers from Canada, Japan, the United States, and list D countries no longer need a specific reason for entering Italy but must still meet requirements related to COVID-19 status.

3. RUSSIA – This article reports on developments in air travel to Russia, Covid-19 pandemic-related protocols, and new fingerprinting requirements.

4. UNITED KINGDOM – This article discusses coronavirus restrictions for travelers to England, and right-to-work checks.

5. New Publications and Items of Interest – New Publications and Items of Interest

6. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – August 2021

1. HEADLINE

This article updates border measures for travelers entering Canada.

On July 19, 2021, the government of Canada announced the details of the next phase of its approach to easing border measures for travelers entering Canada. As a result of increased vaccination rates, declining COVID-19 cases, and reduced pressure on health care capacity in Canada, the government plans to bring a number of changes into effect.

Beginning August 9, 2021, fully vaccinated U.S. citizens and permanent residents, currently residing in the United States, are permitted to enter Canada for discretionary (non-essential) travel. On September 7, 2021, provided that the domestic epidemiologic situation remains favorable, the government will open Canada’s borders to all fully vaccinated travelers.

As of July 5, 2021, fully vaccinated travelers who are permitted to enter Canada are not subject to the federal requirement to quarantine or to take a Covid-19 test on Day 8. In addition, fully vaccinated travelers arriving by air will not be required to stay at a government-authorized hotel. Pre-and on-arrival Covid-19 testing requirements for travelers arriving by air or land to Canada continue to apply.

Below are questions and answers on selected highlights of these developments:

What changed as of August 9, 2021?

Entry to Canada

As noted above, fully vaccinated U.S. citizens and permanent residents, currently residing in the United States, can travel to Canada for discretionary (non-essential) purposes. Additionally, unvaccinated children under 12 years of age, or unvaccinated dependent children (due to a mental or physical condition), who are U.S. citizens or permanent residents currently residing in the United States may also enter Canada. To be allowed entry, such children must be accompanying a fully vaccinated parent, step-parent, guardian, or tutor who is permitted to enter Canada.

To be considered fully vaccinated, travelers must have received two doses or a combination of the Pfizer, Moderna, or AstraZeneca/COVISHIELD vaccines or a single dose of the Janssen (Johnson & Johnson) vaccine, at least 14 days prior to their entry to Canada.

Also, Transport Canada expanded the scope of the Notice to Airmen that directed scheduled international commercial passenger flights into the four major Canadian airports. Effective August 9, 2021, international flights carrying passengers are permitted to land at the following five additional Canadian airports: Halifax Stanfield International Airport; Québec City Jean Lesage International Airport; Ottawa Macdonald-Cartier International Airport; Winnipeg James Armstrong Richardson Internal Airport; and Edmonton International Airport.

Testing and Temperature Screening Requirements

The government of Canada began a new border testing surveillance program at airports and land border crossings. Beginning August 9, 2021, fully vaccinated travelers do not need a post-arrival test unless they have been randomly selected to complete a Day 1 COVID-19 molecular test. Transport Canada will also remove the requirement for the Canadian Air Transport Security Authority to perform pre-board temperature screening of passengers and airport workers on all domestic flights and international departures.

In a positive development for Canadians, Canadian citizens and permanent residents traveling to the United States for less than 72 hours are now permitted to do their pre-entry test in Canada. Therefore, such individuals are no longer required to receive a second COVID-19 molecular test result in the United States prior to returning to Canada.

Quarantine Requirements

As of August 9, 2021, the three-night government-authorized hotel stay requirement for all travelers arriving by air is eliminated. Additionally, unvaccinated children under 12 years of age and dependent children (due to a mental or physical condition) of fully vaccinated travelers no longer need to complete a 14-day quarantine but must follow strict public health measures. This means they can move around with their parents, but must avoid group settings—such as camps, daycares, or schools—during the first 14 days after their arrival. Unvaccinated children will remain subject to the Day 1 and Day 8 testing requirements.

Provinces and territories may have more stringent rules regarding people who have recently returned from travel.

What will change on September 7, 2021?

The government of Canada plans to open Canada’s borders to all fully vaccinated travelers as of September 7, 2021. This plan is contingent on the domestic epidemiologic situation remaining favorable in Canada. The preliminary step of permitting U.S. travelers’ entry into Canada for discretionary (non-essential) purposes will allow the government to fully operationalize the adjusted border measures ahead of September 7, 2021.

What requirements are still in place?

For travelers who are not fully vaccinated, there are no changes to Canada’s current mandatory testing requirements, and such travelers will still be required to complete a mandatory 14-day quarantine requirement, subject to limited exceptions. However, as mentioned above, the three-night government-authorized hotel stay requirement for all travelers arriving by air will be eliminated.

Fully vaccinated travelers must also be asymptomatic, have a paper or digital copy of their vaccination documentation in English or French (or certified translation, along with the original), and provide COVID-19-related information electronically through the ArriveCAN app prior to arrival in Canada. They must still present a suitable quarantine plan and be prepared to quarantine if it is determined at the border that they do not meet all of the conditions required to be exempt from quarantine. As with all other exempt travelers, they will be required to follow public health measures in place, such as wearing a mask when in public and keeping a copy of their vaccine and test results available, as well as a list of close contacts for 14 days after entry to Canada.

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2. ITALY

Travelers from Canada, Japan, the United States, and list D countries no longer need a specific reason for entering Italy, but they must still meet requirements related to COVID-19 status.

Since May 2021, travelers from Canada, Japan, and the United States are no longer required to have a specific reason for entering Italy. This also applies to travelers from other list D countries (Australia, New Zealand, Rwanda, Republic of Korea, Singapore, Thailand). These travelers must fill in a digital Passenger Locator Form, inform the Prevention Department of the local health authority when they enter Italy, present a negative molecular or antigen swab test taken within the last 72 hours before entering Italy, and quarantine for 10 days. After the period of self-isolation, another molecular or antigenic test must be taken. Travelers can avoid the obligation of presenting the swab test and self-isolating if they have a Covid Certificate (also known as Green Pass or Covid-19 Green Certificate) issued by the local health authorities in Canada, Japan, or the United States.

For more information, the full set of rules, and exemptions, see .

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3. RUSSIA

This article reports on developments in air travel to Russia, Covid-19 pandemic-related protocols, and new fingerprinting requirements.

Air Travel Resumes Between Russia and Some Countries

As of July 28, 2021, according to information on the official government portal, air travel resumed with Albania, France, and the Czech Republic. Air travel resumed on July 19, 2021, with Tanzania.

Air travel is also open between Russia and following countries (subject to change):

• UK
• Turkey
• Switzerland
• Egypt
• Maldives
• United Arab Emirates
• Republic of South Ossetia
• Belarus
• Kazakhstan
• Kyrgyzstan
• Republic Of Korea
• Abkhazia
• Cuba
• Serbia
• Japan
• Seychelles
• Ethiopia
• Finland
• Vietnam
• India
• Qatar
• Greece
• Singapore
• Azerbaijan
• Armenia
• Germany
• Venezuela
• Syria
• Tajikistan
• Uzbekistan
• Sri Lanka
• Iceland
• Malta
• Mexico
• Portugal
• Saudi Arabia
• Austria
• Hungary
• Lebanon
• Luxembourg
• Mauritius
• Morocco
• Croatia
• Belgium
• Bulgaria
• Jordan
• Ireland
• Italy
• Cyprus
• China
• Liechtenstein
• North Macedonia
• USA

PCR Testing

As of July 25, 2021, foreign citizens and stateless persons, as well as citizens of the Republic of Belarus entering the Russian Federation from the territories of the member states of the Eurasian Economic Union, must submit negative PCR tests only using the application “Traveling without COVID-19.”

Member states of the Eurasian Economic Union include:

• Republic of Armenia
• Republic of Belarus
• Republic of Kazakhstan
• Kyrgyz Republic
• Russian Federation

Starting September 1, 2021, foreign citizens and stateless persons, citizens of the Republic of Belarus entering the Russian Federation from the territories of the member states of the Eurasian Economic Union, and Azerbaijan, Moldova, Tajikistan, Turkmenistan and Uzbekistan, will have to submit negative PCR tests only using the “Traveling without COVID-19” application.

Exception: Persons entering the Russian Federation in transit through the territories of the above-mentioned countries. However, such persons also must obtain a certificate with the results of a negative PCR test not earlier than 3 calendar days before arrival in the territory of the Russian Federation, and present tickets and/or boarding passes.

Examples: A U.S. citizen who follows the route Almaty to Moscow must present a PCR test in the application. A U.S. citizen who follows the route New York to Almaty to Moscow must present a paper result of the PCR test and boarding passes.

Travelers must fill out a questionnaire on the website of state and municipal services, https://www.gosuslugi.ru/394604/1. Those who are unable to fill out the questionnaire digitally may submit the paper version.

New Fingerprinting Requirements

There are new fingerprinting requirements for highly qualified specialists, with exceptions for citizens of Belarus, children under 6 years of age, and foreign officials of international organizations and their family members.

Foreign citizens who enter the Russian Federation for the purpose of performing labor activities are now subject to mandatory state fingerprint registration and photographing within 30 calendar days from the date of entry or when applying for a patent or collecting a work permit. Also, within 30 calendar days from the date of entry, such foreign citizens must undergo medical examination.

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4. UNITED KINGDOM

This article discusses coronavirus restrictions for travelers to England, and right-to-work checks.

Coronavirus Restrictions

Travelers to England from amber and red list countries must self-isolate on arrival for 10 days.

Where the criteria are met, senior executives (board directors or equivalent) arriving in England from an amber list country can be temporarily exempt from the self-isolation requirements where they are carrying out activities of significant economic benefit to the UK. They must still self-isolate when they are not carrying out those duties. If the activities can be done remotely or by someone else, the exemption cannot be used.

A new process has started in which before traveling to England, senior executives complete a form and email it for consideration. A response should be received within five working days on whether the exemption criteria have been met. The written approval should be shown to Border Force officers on arrival in the United Kingdom (UK).

The exemption (more detail on the criteria and definitions is in the relevant regulations) covers two types of senior executives:

• Multinational executives—executives based outside the UK who are part of multinational businesses and are visiting their UK-based subsidiary or branch. The executive should have a reasonable belief that the intended activities will lead to the creation or continuation of employment for 500 employees or more in the UK branch or subsidiary; and
• International executives—executives of companies based outside the UK who will bring significant economic benefit to the UK because the work will more likely than not lead to either:

• An investment in a UK-based undertaking creating or continuing the employment of 500 employees or more in that UK-based undertaking, or
• The establishment of a new business in the UK that will, within 24 months, create employment for 500 employees or more in that new business.

The guidance on the new process includes examples of what is exempt activity. For example, attending a routine board meeting would not qualify unless the meeting will involve making a decision on whether to invest in the UK.

For more information, see Kingsley Napley’s coronavirus FAQs for UK visa holders and businesses at https://www.kingsleynapley.co.uk/services/department/immigration/coronavirus-covid-19-uk-immigration-faqs

Right-to-Work Checks

The key changes for right-to-work checks on European Union (EU) citizens as of July 1, 2021, include:

• Pre-employment and follow-up checks. A new code of practice applies to all right-to-work checks on or after July 1, 2021. This includes pre-employment checks and follow-up checks.
• Documents to be checked. Where employers are checking the right to work of EU citizens, in the vast majority of cases they will be checking online the employee’s digital immigration status under the EU Settlement Scheme or new immigration system. However, the following changes have also been made to the list of compliant documents that can sometimes be used for right-to-work checks on EU citizens:

• List A (where there is no expiration date on the employee’s permission). As expected given the changes, EU passports no longer feature on this list. The exception is where the employee has an Irish passport, because Irish nationals do not require prior permission to work in the UK.
• List B Group 1 (where there is an expiration date on the employee’s permission). A frontier worker permit is acceptable. For more information on frontier worker permits, see .
• List B Group 2 (where there is an expiration date on the employee’s permission and the statutory excuse only lasts for 6 months). Where an employee has an application pending with the Home Office and a right-to-work check is required, sometimes the employer checking service must be used. There is an update to List B Group 2; where an employee has a pending EU Settlement Scheme application submitted on or before June 30, 2021, the employer can rely on its certificate of application together with a Positive Verification Notice from the employer checking service.

For more information on pre-employment and follow-up online, physical document (manual), and employer checking service right-to-work checks, please see FAQs on right to work checks: what employers need to know.

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5. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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6. ABIL Member / Firm News

Below is a list of ABIL members and affiliated attorneys on American Immigration Lawyers Association (AILA) National Committees for the 2021-2022 term:

USCIS Liaison Committee: Marketa Lindt

DOL Liaison Committee: Vincent Lau (chair), Bob White (vice chair), Loan Huynh, Meredith Jolie, Christian Park, Lynn Susser

DOS Committee: Magaly Cheng

ICE/EOIR Liaison Committee: Aaron Hall (vice chair)

Business Section Steering Committee: Vic Goel

Ethics Committee: Miki Matrician, Cyrus Mehta

EB-5 Committee: Joe Barnett, John Pratt, Bernard Wolfsdorf

H-1B Task Force: Dagmar Butte, Vic Goel

High Impact Litigation Committee: Ronald Klasko (chair), Charles Kuck, Marketa Lindt, Stephen Yale-Loehr

National Amicus Committee: David Isaacson

Verification Committee: Dawn Lurie

Technology and Innovation Committee: William Stock (chair), Hannah Little, Julie Pearl

Distance Learning Committee: Vic Goel, Vince Lau

Client Resources Committee: Elissa Taub

Lawyer Well-Being Committee: Jennifer Howard

Media Advocacy Committee: Adam Cohen

Executive Committee: Jeff Joseph (treasurer)

Membership Committee: Ari Sauer

Investments Committee: William Stock (chair)

2022 Annual Conference Committee, Special Sessions and Events Track Member: Michele Madera

Mid-Year Conference Committee: Dagmar Butte

Several Alliance of Business Immigration Lawyers members and lawyers in their firms presented at the American Immigration Lawyers Association’s Annual Conference in June 2021:

“You’re FOIAed!”: The Immigration Attorney’s Secret Weapon

Dagmar Butte

Litigating Your First Federal Court Case: You Can Do It!

Ira Kurzban

Removal & Litigation: Who Wants to Be a Millionaire Immigration Attorney?

Ira Kurzban

Employment-Based Adjustment of Status Today

Cyrus Mehta

Bernard Wolfsdorf

Up Your Game: New Marketing Techniques for 2021

Gregory Siskind

Compendium Live: Understanding the Ethics Rule on Lawyer Trust Accounts

Miki Matrician

Asylum 101: Protecting Refugees in the United States

Stephen Yale-Loehr

Asylum: The Current State of Particular Social Groups

Lily Axelrod

Labor Certification 101

Matthew Morse

Litigation: More Critical Now Than Ever Before for Business Immigration Practitioners

Ronald Klasko

Charles Kuck

PERM Labor Certification: Still Alive and Doing Reasonably Well!

Marketa Lindt

U.S. Immigration and Customs Enforcement (ICE) Open Forum

Aaron Hall

U.S. Department of Labor (DOL) Open Forum

Vincent Lau

Lengthy Absences and the Struggle of Maintaining Residence

Avi Friedman

INA § 237(a)(1)(H) Works Like Magic: Fraud Waivers

David Isaacson

Oh, Where Are the Good Old Times? Trying to Be an L-1 Intracompany Transferee

Elise Fialkowski

H-2 Practice: What Are We So Afraid Of?

Loan Huynh

Show Me the Money: Financial Best Practices

Kirby Joseph

Several Alliance of Business Immigration Lawyers Global members presented at the 2021 AILA/Global Migration Section Annual Global Immigration Virtual Forum:

COVID-19: It Ain’t Over ’til it’s Over

Nicolas Rollason

The Post-Brexit Era: Where Are We Now?

Gunther Mävers

Legal Ethics in a COVID/Post-COVID World

Maria Celebi

Adapting to the New World: Top Tips for Practice Management & Technology

Gregory Siskind

What is the Future of Global Immigration in the Post-COVID-19 World?

Ariel Orrego-Villacorta

Philip Yip

Oxana Bowman was named partner at Foster LLP. Ms. Bowman is an experienced employment-based immigration attorney. She is a graduate of the University of Houston Law Center (UHLC) and has a master’s degree from North Caucasus Federal University in Russia. She worked as a research assistant for the UHLC and mentors university students at the UHLC Upper Management Mentoring and Part-Time Partners Program. https://www.fosterglobal.com/blog/oxana-bowman-named-partner-at-foster-llp/

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) was quoted by Forbes in “Lawsuit Aims to Overturn Costly H-1B Visa Policy.” Commenting on the impact of a USCIS policy that requires employers to file amended H-1B petitions when employees work in a new geographic area, Ms. Butte said, “The impact was substantial both in terms of costs and the ability to carry on business, especially if you wanted to be scrupulous about complying. When one of my clients loses a contract, or a project ends, they have to scramble to find a place for their workers, but they have to do it fast and pay filing and legal fees. Due to inconsistent adjudications and fear of accruing unlawful presence, that usually includes paying premium processing fees. Since the jobs themselves are typically the same—a physical therapist will not suddenly work as a nurse—there is little utility in the USCIS requirement other than to allow FDNS [Fraud Detection and National Security Directorate] to be able to locate the worker for a site visit. That could be accomplished much more easily by just adapting the AR-11 [Alien Change of Address form] for this purpose. Absent Simeio, there is still a posting requirement, and all other U.S. worker protections mandated by the Department of Labor remain in place, including the need for a new LCA [Labor Condition Application] if the new placement is outside the prior MSA [Metropolitan Statistical Area].

Klasko Immigration Law Partners, LLP, has released a new podcast episode, “EB-1 Visa in Pop Culture: Beth Harmon from the Queen’s Gambit.” In the podcast, part of Klasko’s series “Statutes of Liberty,” the Klasko EB-1 team discusses the criteria that might qualify the fictional main character from Netflix’s hit miniseries, The Queen’s Gambit, for an extraordinary ability green card.

Klasko Immigration Law Partners, LLP, has published a new blog entry: “Moving the Goalposts: Name, Image, and Likeness Compensation for Foreign Student Athletes.” https://www.klaskolaw.com/news-politics/foreign-student-athletes-name-image-and-likeness-compensation/

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) was quoted by the Economic Times of India in “Policy Change to Benefit Children of H-1B Visa Holders in the U.S.” The article quoted Mr. Mehta’s tweet, “USCIS does away with burdensome ‘gap’ status applications when one changes to F-1. This will provide some relief to children of backlogged skilled immigrants who age out, although the optimum solution is to get rid of per country limits and add more visas.” https://economictimes.indiatimes.com/nri/migrate/policy-change-to-benefit-children-of-h-1b-visa-holders-in-the-us/articleshow/84607555.cms?from=mdr (article); https://twitter.com/cyrusmehta/status/1417628691241349121 (Twitter)

Mr. Mehta was quoted by the Economic Times of India in “Policy Change to Benefit Children of H-1B Visa Holders in the U.S.” The article quoted Mr. Mehta’s tweet, “USCIS does away with burdensome ‘gap’ status applications when one changes to F-1. This will provide some relief to children of backlogged skilled immigrants who age out, although the optimum solution is to get rid of per country limits and add more visas.” https://economictimes.indiatimes.com/nri/migrate/policy-change-to-benefit-children-of-h-1b-visa-holders-in-the-us/articleshow/84607555.cms?from=mdr (article); https://twitter.com/cyrusmehta/status/1417628691241349121 (Twitter)

Mr. Mehta co-authored a blog post with Isabel Rajabzadeh: “No Longer in Use: How Changes in SOC Systems Affect Employment-Based Immigration.” http://blog.cyrusmehta.com/2021/07/no-longer-in-use-how-changes-in-soc-systems-affect-employment-based-immigration.html

Mr. Mehta was quoted by the Times of India in “U.S. Court Quashes Plea to Exclude Family Members From EB-5 Annual Visa Quota.” He said that a provision in the Immigration and Nationality Act “could be interpreted to not count family members. Although the case involved plaintiffs who limited their argument to the EB-5 cap for investor green cards, this case will cast a pall on additional lawsuits by plaintiffs making the same argument under other employment or family visa categories.”

Mr. Mehta and Kaitlyn Box co-authored several blog posts: “Wang v. Blinken Nixes Any Hope for Excluding the Counting of Family Members in the Green Card Caps.” ; “Requesting Premium Processing on a Downgraded I-140 Petition,” http://blog.cyrusmehta.com/2021/07/requesting-premium-processing-on-a-downgraded-i-140-petition.html; and “Sanchez v. Mayorkas: Although TPS Is Not An Admission, Justice Kagan’s Opinion Leaves Open Avenues For TPS Recipients To Adjust Status As Nonimmigrants,”

Mr. Mehta and William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US) were quoted by Forbes in “Trump’s H-1B Visa Wage Rule Is Dead: What’s Next?” Highlights include:

• Mehta said, “If the Biden administration wants to develop a fair way to determine prevailing wages, the prevailing wage ought not to be based on surveys factoring wages paid by all employers in the industry. For instance, nonprofits find it very difficult to hire foreign national lawyers on H-1B visas or sponsor them for green cards as they have to rely on wage surveys that include what the largest law firms also pay entry-level lawyers, which can cross $200,000. The government should also not assume that all lawyers wish to only work for firms that pay the highest wages. Some lawyers desire to work for nonprofits or smaller firms as lifestyle choices or because they find the work truly challenging or are altruistic. Similarly, startups are also affected by formalistic prevailing wage surveys.”
• Stock said, “The Standard Occupational Classification’s ‘Classification Principles and Coding Guidelines’ states that first-level supervisors of professionals such as engineers, physicians and accountants are classified within those occupations, and not within the managerial occupations (such as Computer and Information Systems Managers). [The Department of Labor] should incorporate this classification principle into its wage methodology to avoid setting artificially high wages for first-level supervisors of workers in those professional occupations.”

The article is at https://www.forbes.com/sites/stuartanderson/2021/07/01/trumps-h-1b-visa-wage-rule-is-dead-whats-next/?sh=f9382384a218

Mr. Mehta authored a new blog post: “Reflections on Giuliani’s Suspension of His New York Bar License.” http://blog.cyrusmehta.com/2021/06/reflections-on-giulianis-suspension-of-his-new-york-bar-license.html

Mr. Mehta posted a new video blog, “Reflections on the Life and Impact of the Late Judge Robert Katzmann.” In the video, Mr. Mehta explains how Judge Katzmann was the impetus for projects to help immigrants receive legal representation that affected so many families and individuals, and shares a little about why this work needs to continue in memory and honor of the late jurist, https://thinkimmigration.org/blog/2021/06/16/reflections-on-the-life-and-impact-of-the-late-judge-robert-katzmann/. Mr. Mehta also co-wrote “In Memoriam: Judge Robert A. Katzmann’s Lasting Legacy for Immigrants in Need of Representation.” .

Sophia Genovese, formerly of Cyrus D. Mehta and Partners, PLLC, has authored a new blog post: “The Fight for Immigration Justice Is Not Over: SCOTUS Rules Mandatory Detention of Certain Immigrants Seeking Safety in the United States.” Cyrus D. Mehta and Partners, PLLC, has published a new blog post by guest author Stacy Caplow: “The Sinking Immigration Court: Change Course, Save the Ship.” http://blog.cyrusmehta.com/2021/08/the-sinking-immigration-court-change-course-save-the-ship.html#_edn2 David Isaacson, of Cyrus D. Mehta and Partners, PLLC, authored a new blog post: ” ‘The Process By Which Removability Will Be Determined’: How the Recent District Court Decision Ordering the Reinstatement of MPP Contradicts Itself.” http://blog.cyrusmehta.com/2021/08/the-process-by-which-removability-will-be-determined-how-the-recent-district-court-decision-ordering-the-reinstatement-of-mpp-contradicts-itself.html

Ari Sauer and Greg Siskind, of Siskind Susser PC, authored the American Immigration Lawyers Association’s Immigration Law Practice & Procedure Manual: A “Cookbook” of Essential Practice Materials, published as a two-volume set. The book provides how-to guidance on preparing and filing common immigration applications and petitions. Each chapter contains the resources attorneys need to prepare a specific type of immigration case. https://agora.aila.org/Product/Detail/4814?sel=description

Wolfsdorf Rosenthal LLP has published several new blog posts: : “The Life Sciences Talent Squeeze and Foreign-Born Workers,” https://wolfsdorf.com/the-life-sciences-talent-squeeze-and-foreign-born-workers/; “President Biden Grants Deferred Enforced Departure for Certain Hong Kong Residents,” https://wolfsdorf.com/president-biden-grants-deferred-enforced-departure-for-certain-hong-kong-residents/; “A ‘Giant Sucking Sound’: Why Are We Losing Top Talent?,” https://wolfsdorf.com/a-giant-sucking-sound-why-are-we-losing-top-talent/Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by Voice of America in “Complex U.S. Refugee Policies Likely to Limit Number of Afghan Admissions.” He said the Biden administration could use humanitarian parole, an existing refugee process, to allow Afghan refugees into the United States. “Humanitarian parole is used to bring someone who is not otherwise eligible to enter the country, or who does not have a visa, into the United States temporarily because of an emergency or urgent humanitarian reason,” he said. https://www.voanews.com/us-afghanistan-troop-withdrawal/complex-us-refugee-policies-likely-limit-number-afghan-admissions Mr. Yale-Loehr was quoted by the Ritz Herald in “Afghan Refugees at Risk: Steps the White House Can Take to Help.” He suggested a variety of actions the Biden administration could take to help Afghan refugees. “The situation in Afghanistan requires a coordinated effort. We have done that before. For example, we evacuated more than 100,000 Vietnamese to Guam before and after the fall of Saigon in 1975. After an uprising in Hungary in 1956, we admitted approximately 38,000 refugees from that country. It is our moral duty to do it again for Afghans at risk,” he said. https://ritzherald.com/afghan-refugees-at-risk-steps-the-white-house-can-take-to-help/ Mr. Yale-Loehr co-authored an op-ed published in The Hill, “Vaccine Xenophobia Against Immigrants and Refugees Must End.” The op-ed suggests, among other things, that “[b]uilding immigrant-citizen collaborations in high-income countries to advocate for the rights of those who have no voice or are fearful of repercussions is one way to improve vaccine equity, especially among forcibly displaced populations. This can be in the form of working with nongovernmental organizations, voicing concerns to Congress about sharing superfluous vaccines with other countries, eliminating unnecessary visa exclusions, investing in humanitarian border operations, and engaging in community outreach programs to empower displaced individuals by compiling reliable and accessible resources about their eligibility for healthcare benefits, including vaccines.” https://thehill.com/opinion/immigration/564663-vaccine-xenophobia-against-immigrants-and-refugees-must-end Mr. Yale-Loehr was quoted in several media outlets regarding the United States offering temporary safe haven to Hong Kong residents. An article in the South China Morning Post notes that in 1989, President George Bush granted Chinese students temporary safe haven after Beijing’s bloody crackdown on pro-democracy demonstrators, and Congress followed up by passing a law in 1992 to allow Chinese students in the United States at the time of the Tiananmen Square violence to apply for permanent residence. “If the human rights situation in Hong Kong worsens, Congress may need to do that here as well,” Mr. Yale-Loehr said:·         “U.S. Offers Temporary ‘Safe Haven’ for Hongkongers in Response to Crackdown on Opposition,” South China Morning Post, https://www.scmp.com/news/china/article/3144003/us-offer-safe-haven-hongkongers-following-crackdown-opposition-and; ·         “Biden grants deportation amnesty to Hong Kong residents to protect them from Chinese crackdown,” Washington Times, https://www.washingtontimes.com/news/2021/aug/5/joe-biden-grants-deportation-amnesty-hong-kong-res/ Mr. Yale-Loehr was quoted by Univision in “Judge Blocks Order That Allowed Cops to Stop Vehicles Transporting Immigrants in Texas.” The federal government will surely challenge Governor Abbott’s immigration plans as illegal. Arizona tried something similar about 10 years ago, but the Supreme Court struck down key parts of SB 1070 as violating federal immigration law,” he said. https://www.univision.com/noticias/inmigracion/juez-bloquea-orden-que-permitio-detener-vehiculos-que-transporten-indocumentados-texas (Spanish, with English translation offered)Mr. Yale-Loehr was quoted by Law360 in “DHS Defense of Trump Rules May Invite Further Litigation.” He said, “We saw an explosion of efforts by the prior administration to change immigration law through regulatory proposals, and this administration has withdrawn some of them and brought back more normal regulatory proposals.” Mr. Yale-Loehr also noted, however, that the Biden administration “seems intent on continuing the Trump administration’s effort to revise the H-1B program in terms of how they select individuals, going away from a lottery system to a salary-based system. That’s going to be controversial and will probably generate litigation if that kind of rule is finalized.” https://www.law360.com/articles/1407896/dhs-defense-of-trump-rules-may-invite-further-litigation (registration required)Mr. Yale-Loehr was quoted by the Ritz Herald in “CDC Immigration Order Lifted for Children, Should Expand for Adults.” He said the Centers for Disease Control and Prevention (CDC) order is a good first step, but more needs to be done. “The Title 42 order has been heavily criticized, and properly so. Immigrant advocates claim that the public health order has put migrants in harm’s way by forcing them to remain in Mexico. For example, on June 30, over 100 groups urged the Biden administration to fully rescind Title 42 expulsions. Unaccompanied noncitizen children had been temporarily exempted from the Title 42 order. Today’s announcement makes that exemption official, based on the CDC’s assessment that it can properly assess the risk of COVID-19 transmission among children and provide vaccinations to children ages 12 and over. The CDC should go further by rescinding its Title 42 order for everyone. There is no valid public health rationale for expelling people fleeing persecution, when millions of other people enter the United States on visas every year.” https://ritzherald.com/cdc-immigration-order-lifted-for-children-should-expand-for-adults/

Mr. Yale-Loehr was quoted by the Associated Press in “Key Part of U.S. Residency Program for Investors Set to Expire,” which appeared in many outlets. He said that the EB-5 regional center program provides valuable benefits to the United States: “Given our efforts to jumpstart the economy after the pandemic, it is particularly unfortunate that the Senate failed to extend the program.” https://apnews.com/article/lindsey-graham-real-estate-bills-lifestyle-travel-c7ba67f7b5fdd1f541ee472d396296c2

Mr. Yale-Loehr was quoted by the Real Deal in “Trouble in EB-5 Land: Congress at Impasse on Extension.” He said, “Any lapse adversely affects the program because investors get skittish about what is going on here and they don’t understand how it works.” https://therealdeal.com/2021/06/28/trouble-in-eb-5-land-congress-at-impasse-on-extension/

Mr. Yale-Loehr was quoted by Bloomberg Law in “Backlog of Investor Visa Applications in Limbo as Program Dies.” Asked whether the expiration of the EB-5 regional center program on June 30, 2021, will put pressure on lawmakers to act, Mr. Yale-Loehr noted that with Congress tied up in negotiations over infrastructure spending, “it’s a competition of priorities.” https://news.bloomberglaw.com/daily-labor-report/backlog-of-investor-visa-applications-in-limbo-as-program-dies-1

Mr. Yale-Loehr was quoted by Univision in “Can the Governor of Texas Arrest Illegal Immigrants and Build a Wall on the Border?” Mr. Yale-Loehr said, “The federal government will surely challenge Governor Abbott’s immigration plans as illegal. Arizona tried something similar about 10 years ago, but the Supreme Court struck down key parts of SB 1070 because it interfered with federal immigration law.” https://www.univision.com/noticias/inmigracion/gobernador-greg-abbott-detenciones-en-la-frontera-muro-texas (Spanish, with English translation offered)

Mr. Yale-Loehr was quoted in an Associated Press article that ran in several news outlets, including U.S. News & World Report: “Governor: Texas Building New Border Barrier; No Details Yet.” He said the federal government likely would challenge whether Texas has authority to construct barriers along the border: “While states can do certain things under state law regarding immigration, erecting barriers along the border or arresting migrants is beyond the pale in my view.” https://www.usnews.com/news/us/articles/2021-06-11/governor-texas-building-new-border-barrier-no-details-yet

Mr. Yale-Loehr was quoted by CNBC in “Facing Shortage of High-Skilled Workers, Employers Are Seeking More Immigrant Talent, Study Finds.” “We have not revamped our legal immigration categories, including business immigration, since 1990. Some of those categories are out of alignment with our needs in the United States today. The pandemic has exacerbated those inconsistencies because people who are desperately needed to restart various businesses have been unable to enter the United States,” he said. https://www.cnbc.com/2021/06/10/study-employers-seek-immigrants-amid-shortage-of-high-skilled-workers.html

Mr. Yale-Loehr was quoted by Voice of America in “TPS Holders Seek More Stable Immigration Status.” He said the next move on temporary protected status could be up to Congress following a recent Supreme Court decision. “The Court noted that Congress could fix the problem through legislation. Indeed, such a bill is pending in Congress. The decision highlights the need for Congress to enact immigration legislation to fix our broken immigration system.” Mr. Yale-Loehr noted that some TPS holders have been living in the United States for more than 20 years. https://www.voanews.com/usa/immigration/tps-holders-seek-more-stable-immigration-status

Mr. Yale-Loehr was quoted by Univision in “What Happens Now With the Beneficiaries of TPS After the Ruling of the Supreme Court?” “The decision of the Supreme Court this Monday revolved around a technical distinction between ‘inspection’ and ‘admission’ according to U.S. immigration law. The Court indicated that Congress could solve the problem through legislation. In fact, that bill is pending in the Senate. The decision highlights the need for Congress to enact immigration legislation to fix our broken immigration system,” he said. https://www.univision.com/noticias/inmigracion/que-pasa-ahora-con-beneficiarios-tps-tras-fallo-corte-suprema (Spanish, with English translation option)

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In this issue:

1. AUSTRALIA – There are new eligibility criteria for the Subclass 408, Temporary Activity visa—Australian Government Endorsed Events stream.

2. BELGIUM – A digital platform, “Working in Belgium,” intended to facilitate the filing and processing of applications, will be launched soon after a test phase. The Brexit Trade and Cooperation Agreement has an impact on UK business visitors: some activities are work permit-exempt. Finally, this article summarizes the main changes to the Flanders work/single permit legislation that took effect March 1, 2021.

3. CANADA – There are new pandemic-related rules for travel across the land border and by air.

4. RUSSIA – This article summarizes highlights of a variety of developments, including a new government portal for checking entry permissions, air travel suspensions and resumptions, multiple entries allowed for highly qualified specialists, foreign nationals allowed entry, new address registration regulations, and renewal/changes in the list of purposes of entry for various visa types.

5. UNITED KINGDOM – Guidance has changed on documentation that should be kept on file following the sponsorship of a Skilled Worker or Temporary Worker.

6. New Publications and Items of Interest – New Publications and Items of Interest

7. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – April 2021

1. AUSTRALIA

There are new eligibility criteria for the Subclass 408, Temporary Activity visa—Australian Government Endorsed Events stream.

As of April 2020, the COVID-19 pandemic was listed as an event that falls within the Subclass 408 visa stream. An individual may be within the specified class of persons in this visa category if they:

(a) Are employed full-time as an essential staff member of an overseas business that (i) is relocating to Australia; and (ii) will assist in Australia’s response to the event; and

(b) Will assist with the establishment of the business’s operation in Australia; and

(c) Apply for a Subclass 408 visa by June 30, 2022; and

(d) Have not previously been granted a visa in accordance with this instrument.

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2. BELGIUM

A digital platform, “Working in Belgium,” intended to facilitate the filing and processing of applications, will be launched soon after a test phase. The Brexit Trade and Cooperation Agreement has an impact on UK business visitors: some activities are work permit-exempt. Finally, this article summarizes the main changes to the Flanders work/single permit legislation that took effect March 1, 2021.

New Digital Platform: Working in Belgium

Belgium will soon have a new digital/electronic platform to facilitate information gathering and exchange by and between the authorities involved in single-permit processing. These authorities include the three regions (Brussels, Flanders, and Wallonia), the federal immigration office, foreign consular posts, municipalities, and the national social security office.

The practical roll-out of the digital platform, “Working in Belgium,” is planned in three phases:

Phase 1: All single-permit applications (first applications and renewals) processed via the digital platform, “Working in Belgium,” where the applicant can consult his file. This includes a test phase, probably in April 2021, and will become operational after the test phase ends.

Phase 2: Integrated electronic exchange between the platform and the authorities concerned with planning: operational by the end of June 2021.

Phase 3: Extension of the scope of applications via “Working in Belgium” to work permits, professional cards, and single permits for indefinite duration. Anticipated timing: 2022.

Post-Brexit Exemptions for UK Business Visitors

The Trade and Cooperation Agreement between the European Union (EU) and the United Kingdom (UK) dated December 24, 2020, contains several clauses regarding immigration.

The articles SERVIN.4.2. and 4.3. of the Trade and Cooperation Agreement contain favorable provisions for intra-corporate transferees, business visitors for establishment purposes, and short-term business visitors.

All three regions that have jurisdiction over work/single permits (Brussels, Flanders, and Wallonia) confirm on their websites that SERVIN.4.2 and 4.3 of the Trade and Cooperation Agreement are being applied, or will be applied: short-term activities that are not yet covered by existing exemptions under regional legislation are exempt or will also be exempt.

Short-Term Business Visitors

Short-term business visitors cannot be engaged in selling their goods or supplying services to the general public, and they cannot, on their own behalf, receive remuneration from within Belgium. Furthermore, in principle, short-term business visitors cannot be engaged in the supply of a service in the framework of a contract concluded between a legal person that is not established in Belgium and a Belgian consumer. Short-term business visitors can stay in the Schengen area (not only Belgium) for a period of up to 90 days in any six-month period.

For Belgium, allowed activities for short-term business visitors may include meetings and consultations, research and design, market research, training seminars, trade fairs and exhibitions, sales, purchasing, after-sales or after-lease service, commercial transactions, tourism personnel attending conventions or accompanying certain tours, and translation/interpretation supplying services as employees.

New Work/Single Permit Legislation: Flanders

The Flanders work/single permit legislation has been updated recently. The changes took effect March 1, 2021. Below are selected highlights.

• Some exemptions were updated. The Van Der Elst exemption was updated to reflect European Court of Justice case law. Temporary agency workers can now also be eligible if all other requirements are met.
• The possibility to file single-permit applications in Belgium is limited to specific categories of foreigners. Foreigners who reside in Belgium on the basis of family reunification can no longer file a single permit application/change their status to employee in Belgium.
• A work permit can be issued for 90 days in any 180-day period instead of 90 consecutive days. This will allow more flexibility, and will also avoid having to apply for new permits for frequent short time periods.
• Assignments to Belgium require that the employer/user has its registered seat or an establishment unit in Flanders. This implies that having an assignee work at home in Flanders will become impossible, with one exception: when employment in Belgium is subject to Belgian social security, which implies that Belgian social security contributions will be paid by the foreign employer who is registered with the Belgian Legal Database for Enterprises.
• For assignments, the duration of the work authorization is limited to the duration of the final date of Certificates of Coverage, issued pursuant to social security treaties. This is not new; in practice, the Flanders authorities already used the Certificates of Coverage dates as reference dates. The new legislation confirms this administrative practice.
• A hire of a single-permit holder by a new employer is considered a single-permit extension application instead of a first, new single-permit application. The immediate consequence is a decrease of administrative burden because fewer documents must be submitted.
• The obligation to inform the Flanders authorities about changes has been updated. The employer must notify the authorities not only about the termination of the employment contract but also about any “significant change” in employment conditions. The Flanders authorities will inform the employer within 15 days if a new work authorization must be applied for.
• Frontier workers are now defined in the same manner as in the federal immigration legislation. A frontier worker is defined as an employee who works in Flanders territory, but who has main residence in a neighboring country and who returns to the country of residence in principle daily or at least once a week. The UK is still considered a neighboring country.
• Salary thresholds, which are updated on a yearly basis, must be complied with for permits valid for longer than one year. Permits for the highly skilled, executives, and intra-corporate transferees, for example, are subject to a salary threshold and can be valid for up to three years. If the salary threshold is updated in year 2, this salary threshold must automatically be met. This is not new; in practice, the Flanders authorities already applied this principle. The new legislation confirms this administrative practice.
• The motives for refusal or withdrawal of work authorization are now divided into two groups: mandatory and potential motives. For potential motives, the law provides that the authorities must take into account the specific circumstances of the file, the interests of the foreign employee, the economic interest of the employer, and the proportionality principle.

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3. CANADA

There are new pandemic-related rules for travel across the land border and by air.

New COVID-19 Travel Rules

The federal government announced new COVID-19 pandemic-related travel rules in February:

Travel Across the Land Border

Non-essential travelers (such as returning “snowbirds”) must show proof of a negative COVID-19 test taken no longer than 72 hours earlier. In addition to the pre-departure COVID test, another COVID test will be administered at the land border. The traveler can then continue to the planned place of quarantine and must self-administer another COVID test during the 14-day quarantine. The self-test kit will be provided at the border.

Travel by Air

In addition to the pre-departure COVID test taken 72 hours before boarding a flight to Canada, all individuals, Canadians included, must take a test upon arrival at the first Canadian airport. They must then wait for the test result at a hotel on the official list and cover the cost of up to CA $2,000 for the hotel (prices will vary) and testing. The hotel must be booked before boarding the plane to Canada. Upon receipt of the test result, they may travel to their final quarantine destination for the remaining days (14 days total) and must self-administer another COVID test. The self-test kit will be provided at the airport. The following details also apply:

• The hotel must be booked at the first Canadian airport, meaning that a traveler who has a layover in Canada before their final destination must remain at the transit airport hotel until the test comes back negative. Only then can the final leg of the journey be completed.
• There is no exemption for vaccinated travelers.
• It is expected that the current exemptions (e.g., for medical personnel and essential workers) will remain valid, but this has not yet been confirmed.
• Flights on Canadian airlines to and from Mexico and the Caribbean remain suspended until April 30, 2021.

ArriveCAN remains mandatory for airport and land border arrivals. See https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19/arrivecan.html

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4. RUSSIA

This article summarizes highlights of a variety of developments, including a new government portal for checking entry permissions, air travel suspensions and resumptions, multiple entries allowed for highly qualified specialists, foreign nationals allowed entry, new address registration regulations, and renewal/changes in the list of purposes of entry for various visa types.

New Portal for Checking Entry Permission

Citizens of countries with which Russia has not yet resumed regular air travel and who still require entry permission from the Federal Security Service of Russia can now check online regarding whether permission is granted on the official government portal, Gosuslugi:

Suspension of Air Travel From United Kingdom to Russia Extended

Due to coronavirus concerns, suspension of air travel from the United Kingdom to Russia has been extended until April 16, 2021. https://tass.ru/ekonomika/10914413

Air Travel Resumes With Certain Countries

Starting April 1, 2021, air travel resumed with Germany, Venezuela, Syria, Tajikistan, Uzbekistan, and Sri Lanka. As of March 29, 2021, air travel was open between Russia and 31 countries. Details: http://government.ru/news/41820/

Multiple Entries Allowed for Highly Qualified Specialists and Family Members

A Government Order allows multiple entries for foreign citizens who perform work activities in Russia as highly qualified specialists and their family members. The entry procedure remains the same: the employer must send a request to the appropriate ministry and receive permission for multiple entry. The maximum period to enter Russia multiple times, which an employer can request, is until December 31, 2021.

For citizens and permanent residents of countries with which Russia has resumed air travel, it is not necessary to obtain permission to enter Russia from the Federal Security Service provided the person has a valid work visa or the entry is visa-free according to an international agreement.

Foreign Nationals Allowed Entry

In general, all categories of foreign nationals who come to Russia to perform work activities can enter Russia. For entry, a foreign national must receive entry permission from the Federal Security Service of Russia. To get entry permission for a foreign worker, the employer must apply to Rostrud.

New Address Registration Regulations

Under new regulations from the Internal Affairs Ministry, there are new application forms for foreign citizens to register their address. If the host party is an organization, an authorized representative of such organization must apply to register the address of a foreign citizen. The authorized representative must be an employee of the host party.

List of Purposes of Entry (Visa Types) Renewed

As of February 8, 2021, a new Order of the Ministry of Foreign Affairs of Russia sets a new list of purposes of entry and visa types. Delays in visa issuances are possible because of updates to computer systems. The main changes are:

• There are substantially fewer types of purposes of entry. Many categories have been consolidated for simplicity.
• There is no indication of duration of allowed stay for most visa categories.
• There is no “commercial” visa type. Previously, this category raised many questions because it was very similar to the “business” visa. The new Order has only a “business” purpose of entry.
• There is no “technical service” visa type. Instead, there is a purpose of entry of “installation work” with an analogous description of allowed activities. For this type of purpose, a work visa will be issued. A work permit requirement is not expected. Foreign citizens employed by foreign companies (manufacturers or suppliers) executing installations, providing technical support, performing repairs, and guaranteeing repairs of equipment supplied to the Russian Federation, can enter Russia on the basis of single-entry ordinary work visas for a maximum of 90 calendar days with the purpose of the entry specified as “installation works.”
• There are no substantial changes in the work visa.
• There are a number of amendments to the purpose of entry for diplomatic, student, tourist, and humanitarian
• The “professor” category has been abolished from the list of purposes. In cases where Russian educational institutions invite foreign professors to work in Russia, it is necessary to apply for an invitation letter with the purpose of entry specified as “work activities.” Subsequent extensions of this type of visa in Russia are on the basis of the labor agreement for a term of up to one year, although such extensions can be done an unlimited number of times. For foreign citizens entering the Russian Federation as science and pedagogical staff invited to work on science projects or to perform pedagogical activities, application for a work permit or patent is not required.

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5. UNITED KINGDOM

Guidance has changed on documentation that should be kept on file following the sponsorship of a Skilled Worker or Temporary Worker.

For some Tier 2 (General) applications before December 1, 2020, it was necessary to advertise the role for 28 days as part of a resident labour market test (RLMT). When the Skilled Worker category replaced Tier 2 (General) as of that date, the RLMT was abolished. However, the guidance (known as Appendix D) clarifies that certain types of documentation of the recruitment process of sponsored workers still must be kept on file.

The guidance on this point is split into two:

Where the RLMT Applies

If an employer recruited a Tier 2 (General) sponsored worker before December 1, 2020, and an RLMT was required, the employer must continue to keep on file the relevant documents. Some current routes including T5 Religious Worker, T5 Creative or Sporting Worker, and T2 Sportsperson may also require an RLMT to be carried out before the application is submitted.

Sponsors should continue to keep documents such as:

• Screenshots of the advertisements on the first day of placement;
• Resumes (CVs) of all applicants who were shortlisted for final interview; and
• Reasons why each settled worker was unsuitable for the role.

Where the RLMT Does Not Apply

The new guidance clarifies that where a formal RLMT has not been required (such as for a Skilled Worker or Intra-Company Transfer application), sponsors should still retain evidence of any recruitment activity they have undertaken. This is to assist the Home Office in assessing whether the sponsored role is a genuine vacancy.

1. a) If you have advertised. Importantly, sponsors are not required to advertise the role where a RLMT is not required. However, if you have advertised the role you should retain:

• Copy of the advert. Details of any advertisements placed, including a screenshot, printout or photocopy of the advert, or a record of the text of the advert and the website address. A note should also be made of how long the role was advertised. If you did advertise, you are not required to place more than one advert, but if you did, you should retain evidence of all the adverts.

Unlike for an RLMT, the guidance does not stipulate where the advert should be placed, the required contents of the advert, or how long it should be placed.

• Number of applicants. A record of the number of people who applied for the job should be kept, as well as the number of people shortlisted for interview or for other stages of the recruitment process.
• One other item of evidence. At least one other item of evidence or information that shows the process you used to identify the most suitable candidate, for example:

• A copy or summary of the interview notes for the successful candidate;
• A list of common interview questions used for all candidates as part of your selection process;
• Brief notes on why the successful candidate was selected and why other candidates were rejected;
• Information about any scoring or grading process you used to identify the successful candidate; or
• Any other relevant information or evidence.

You are not required to retain application forms, CVs, interview notes, or any other personal data relating to unsuccessful candidates.

1. b) If you have not advertised. Where you have not advertised the role, you must be able to explain and where possible provide evidence of how you determined that the sponsored worker was suitable for the role. Examples could include identifying the sponsored worker from:

• Their having already working for you in a different immigration category;
• A speculative application; or
• A university “milkround” (recruitment of students by businesses).

The guidance does not mention it, but it must also be sufficient that you have identified a candidate by, for example, word-of-mouth, reputation, or from a recruitment agency.

Right to Work Grace Period

Following an update in the Home Office employer’s guide to right to work checks, there are rules on the right to work grace period which exists for EU (and European Economic Area [EEA] and Swiss) citizens until June 30, 2021. Annex B of the updated guidance makes clear that until that date, employers can still rely on checking an EU citizen recruit’s EU passport or national identity card for right to work purposes.

Employers can also check online an EU citizen’s EU Settlement Scheme or other digital immigration status but cannot insist on it. Until July 1, 2021, employers are not required to differentiate between those EU citizens who arrived before January 1, 2021. Any EU citizen arriving for the first time on or after that date must apply for permission to work, such as a Skilled Worker.

As of July 1, 2021, employers are not required to carry out retrospective right to work checks, and further guidance will be issued for checks from that date.

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6. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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7. ABIL Member / Firm News

Chin & Curtis LLP, based in Boston, Massachusetts, became a partner firm with Wolfsdorf Rosenthal LLP, based in California, effective January 1, 2021. Wolfsdorf Rosenthal said in a press release that the partnership “brings together Chin & Curtis’ high-touch, creative, and specialized business immigration solutions with WR’s technology-focused approach to providing strategic, detail-oriented, client-centered services. Chin & Curtis will retain its brand [and] operational autonomy, and there will be no staffing changes.” https://wolfsdorf.com/news_posts/leading-boston-immigration-law-firm-chin-curtis-llp-joins-wr-immigration/

Rami Fakhoury (bio: https://www.abil.com/lawyers/lawyers-fakhoury.cfm?c=US) and Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) will speak at a webinar, “Global Talent Opportunities: A Legal and Policy Forecast and Update on Hiring Global Talent,” to be held Monday, April 19, 2021, from 2:30 to 4 p.m. ET. https://www.eventbrite.com/e/webinar-global-talent-opportunities-registration-146927575333

Klasko Immigration Law Partners, LLP, released a new podcast in the “Statutes of Liberty” series: “What Happens When a U.S. Green Card Holder Gets Stuck Abroad.”

Klasko Immigration Law Partners, LLP, released the first episode, “Strategies for Resolving EB-5 Problems Series, Part 1: Project Problems,” in a three-part podcast series on the EB-5 immigrant investor program. This episode covers issues related to investment projects

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted by Law360 in “State Dept. Updates COVID-19 Travel Exceptions for Europe.” He said, “No one could have imagined a supposedly pro-immigration administration making legal immigration of parents, employees and business investors more difficult, using COVID-19 as an excuse, when alternative methods exist to ensure both the safety of U.S. citizens and protections against new strains, such as with testing and quarantine. It is a certainty that the Biden administration will have to explain to a federal court judge its legal basis for not issuing visas because of this modified proclamation. Every time in the past they have tried to justify this exact action, they have failed. They will fail again.” https://www.law360.com/publicpolicy/articles/1361015/state-dept-updates-covid-19-travel-exceptions-for-europe

Mr. Kuck was quoted by Bloomberg Law in “Their Papers Mired in Pandemic Backlog, Visa Seekers Go to Court.” Mr. Kuck said that delays abroad have prompted EB-5 immigrant investors to join a third class action lawsuit that will be filed imminently. https://news.bloomberglaw.com/daily-labor-report/their-papers-mired-in-pandemic-backlog-visa-seekers-go-to-court

Mr. Kuck was interviewed by Mundo Hispánico on immigration reform and its costs. An English translation of an article summarizing the interview was published by The Canadian at https://thecanadian.news/2021/02/19/lawyer-talks-about-immigration-reform-and-its-prices/.

Mr. Kuck was quoted by Law360 in “Lottery Winners, DOJ Trade Shots in Visa-Expiration Fight.” He emphasized the urgency of getting relief from the court for diversity visa lottery winners who have been unable to enter the United States due to COVID-19 restrictions and are at risk of visa expiration. He told the judge that efforts to reach a resolution with the administration to protect those with visas set to expire in March have been unsuccessful, so his team planned to file a motion for expedited injunctive relief. “There’s probably 300 or 400 people who will lose their visas within the next week,” Kuck said. “Most importantly, this is not something the government was just presented with. That is not accurate. We actually had this conversation two weeks ago … when the administration publicly said it’s considering whether to lift the bans. The reality is it’s now on the court to make this happen. Everybody is going to lose their visas while they consider this,” he said. https://www.law360.com/articles/1354368/lottery-winners-doj-trade-shots-in-visa-expiration-fight

Mr. Kuck was quoted by Axios in “Diversity Visa Winners Losing Chance to Immigrate.” Referring to coronavirus-related restrictions that are keeping out diversity visa lottery winners, Mr. Kuck said, “President Biden should immediately renounce this illegal usurpation of congressional power and restore the status quo by declaring those bans void.” He said at least 6,500 issued visas are at risk of expiring before the ban instituted by former President Trump ends in March, and that at least 1,000 have already expired. “We feel confident we will shortly have a victory in one of these courts before March,” he said. https://www.axios.com/diversity-green-card-visa-lottery-d60cd44d-758f-4339-9ffc-d71d4690e201.html

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) co-authored several new blog postings: “President Biden Must Reject Trump-Era H-1B Lottery Rule and Work Visa Travel Ban,” http://blog.cyrusmehta.com/2021/03/president-biden-must-reject-trump-era-h-1b-lottery-rule-and-work-visa-travel-ban.html, and “Overcoming a Covid Travel Ban Through the National Interest Exception,” http://blog.cyrusmehta.com/2021/02/overcoming-a-covid-travel-ban-through-the-national-interest-exception.html.

Mr. Mehta authored several new blog postings: “CSPA Triumphs in Cuthill v. Blinken: Child of Parent Who Naturalizes Should Not Be Penalized,” http://blog.cyrusmehta.com/2021/03/cspa-triumphs-in-cuthill-v-blinken-child-of-parent-who-naturalizes-should-not-be-penalized.html; “State Department Exempts Certain Travelers From Restrictions: Is There a Better Way So That the Least Number Get Impacted?”

Mr. Mehta was quoted by India West in “To the Relief of H-1B Workers, Biden Lets Trump’s Ban on Foreign Workers Expire.” Mr. Mehta called for an overhaul of the H-1B program in a March 27, 2021, tweet quoted by the article: “The H-1B lottery—a game of chance—is an inappropriate way for U.S. employers to hire skilled foreign workers. Quotas and lotteries have no place in a modern immigration system. Let talent and skills freely come to the U.S.”

Mr. Mehta was quoted by India West in “President Biden Unlikely to Rescind Trump’s H-1B Ban.” He said, “The optics aren’t great. Biden hasn’t taken any actions to rescind it, possibly because of push-back from organized labor and a thrashing from Republicans. Biden needs support to pass a stimulus bill.” https://www.indiawest.com/news/business/president-biden-unlikely-to-rescind-trump-s-h-1b-ban/article_ed7563ea-7fe6-11eb-92fa-6378f2d25fce.html

Mr. Mehta was quoted by American Bazaar in “H-1B Visa Holders Seek Extension of 60-Day Grace Period After Job Loss Due to Pandemic.” He said, “Biden should at least allow the H-1B ban to lapse on March 31 even though he does not rescind it before the date. Although it would be powerful if he affirmatively rejects the ban any time from now till March 31.” https://www.americanbazaaronline.com/2021/03/11/h-1b-visa-holders-seek-extension-of-grace-period-due-to-job-losses-444512/?amp

Mr. Mehta was quoted by the Times of India in “Wait Time in the Green Card Queue for Some is 150 Years!” He noted that the U.S. Citizenship Act of 2021 eliminates country caps for employment-based immigrants, but he pointed out that the big question is whether the bill will be passed by a closely divided Senate. https://timesofindia.indiatimes.com/nri/us-canada-news/wait-time-in-the-green-card-queue-for-some-is-150-years/articleshow/81245570.cms

Mr. Mehta was quoted by the Times of India in “The Wide Sweeping Reforms in the U.S. Citizenship Act Decoded.” He said, “President Joe Biden’s U.S. Citizenship Act is sweeping in its humanity and views immigrants as an asset to America rather than as threats either to security or American workers. It starts by abolishing all references to the term ‘alien’ and instead replaces it with ‘noncitizen.’ ” https://timesofindia.indiatimes.com/world/us/the-wide-sweeping-reforms-in-the-us-citizenship-act-decoded/articleshow/81110569.cms

Mr. Mehta was quoted by the Times of India in “U.S. Immigration Bill to Help Clear Job-Based Green Card Backlog.” He said, “The bill is not perfect, though, and does little to accommodate the demand for scarce H-1B visas each year. Nor does it create a start-up visa for entrepreneurs. One provision authorizes the prioritization of distribution of scarce H-1B visas based on wages offered by their employers and also authorizes similar prioritization based on wages for other nonimmigrant worker categories. However, he added, “Even if the H-1B visa is not reformed, hopefully the ability to get a green card more quickly under the new law may compensate for the imperfect H-1B visa program that may remain in place.” Referring to some provisions in the bill that the article calls “ingenious,” Mr. Mehta said, “The bill authorizes the extension of nonimmigrant stays for certain categories of visa holders. For instance, an F-1 student in practical training who is sponsored for a green card can remain in F-1 status” and “get a green card directly.” https://timesofindia.indiatimes.com/world/us/us-immigration-bill-to-help-clear-job-based-green-card-backlog/articleshow/81114101.cms

Mr. Mehta was quoted by the Times of India in “Immigration Bill Aims to Keep and Unite Families, It Gives a Boost to the ‘V’ Visa.” He said, “The immigration bill increases the per-country limit from 7% to 20%. In addition, spouses and minor children of green card holders will not be subject to the quotas. Under current law, only spouses and minor children of U.S. citizens are exempt from being included in the quota. Further, the unused family visas from fiscal 2025 1992 through 2020 will be added back. These measures will reduce wait times, including for ‘V’ visa applicants.” https://timesofindia.indiatimes.com/world/us/immigration-bill-aims-to-keep-and-unite-families-it-gives-a-boost-to-the-v-visa/articleshow/81113335.cms

Mr. Mehta was quoted by Forbes in “New Bill Has Many Good But Two Bad Measures for Employment Immigrants.” The article notes that people who reach their 6-year limit in H-1B status while waiting in the immigration backlog can have their H-1B status extended while they remain in the United States. The new Biden administration immigration reform bill expands the provision to be used by more individuals in H-1B status, and also F-1 students, L-1 intracompany transferees and O-1 (individuals with extraordinary ability or achievement) visa holders, the article states. Mr. Mehta said he believes that provision holds the potential for an international student to bypass H-1B status and go straight to a green card, if an employer sponsored him or her and the measure became law. https://www.forbes.com/sites/stuartanderson/2021/02/19/new-bill-has-many-good-but-two-bad-measures-for-employment-immigrants/?sh=4bec5be35af9

David Isaacson, of Cyrus D. Mehta & Partners, PLLC, authored a new blog posting: “The Law Does Not Compel the Impossible – Or Does It?: Matter of C-C- and Awuku Asare v. Garland.” http://blog.cyrusmehta.com/2021/03/the-law-does-not-compel-the-impossible-or-does-it-matter-of-c-c-and-awuku-asare-v-garland.html

Cora-Ann Pestaina, of Cyrus D. Mehta & Partners, PLLC, authored a new blog posting: “To Amend, or Not to Amend: That is the Question for Visas Not Associated With a Labor Condition Application.” http://blog.cyrusmehta.com/2021/02/to-amend-or-not-to-amend-that-is-the-question-for-visas-not-associated-with-a-labor-condition-application.html

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) co-authored several blog postings: “Beware the Employer Risks Nesting in President Biden’s Comprehensive Immigration Reform Bill,” ; “Hey, Immigration Lawyer: Get Me a Coronavirus Passport,” https://www.bigimmigrationlawblog.com/2021/02/hey-immigration-lawyer-get-me-a-coronavirus-passport/; “Inclusive Immigration: USCIS Nixes “Alien” Terminology But Much More Must Be Done.” https://www.bigimmigrationlawblog.com/2021/02/inclusive-immigration-uscis-nixes-alien-terminology-but-much-more-must-be-done/

Greg Siskind, of Siskind Susser, P.C., was featured in “Practicing With Twitter: An Immigration Lawyer’s Social Media Journey,” published by the American Bar Association’s Law Practice Magazine. The article discusses Mr. Siskind’s lessons for attorneys looking to use social media as a marketing strategy. https://www.americanbar.org/groups/law_practice/publications/law_practice_magazine/2021/ma21/gaffney/ (also available at https://dashboard.mazsystems.com/webreader/71975?page=46)

Mr. Siskind posted a summary of the U.S. Citizenship Act

Elissa Taub and Ari Sauer are now partners in the firm Siskind Susser, P.C. According to Lynn Susser (bio: https://www.abil.com/lawyers/lawyers-susser.cfm?c=US), “Elissa has managed and expanded our healthcare practice for many years and Ari is the ‘finder of answers for all things complex.’ We are looking forward to their long-term contributions to the firm as it continues to grow and change.”

William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US) was quoted by Forbes in “New Bill Has Many Good But Two Bad Measures for Employment Immigrants.” Mr. Stock said that one section of the new Biden administration immigration reform bill “would allow a future president who did not believe in immigration to direct the Department of Homeland Security and Department of Labor to bar employment-based immigration in large parts of the economy. It would allow those agencies to ban immigration based on broad unemployment trends unrelated to labor market shortages in specific industries or for particular skill sets. For the past four years, we have seen that delegations of authority meant to allow for responses to emergencies, like the travel ban authority, can be misused to bar immigration broadly unless the statute provides strict guidelines as to how that authority should be exercised.” He also said, “The primary reason the new [H-1B] lottery rule is problematic is that it contradicts the current statutory directive for selecting H-1Bs by order of filing. Section 3407 of the bill would provide a valid statutory basis for selecting H-1Bs by wage level, advantaging larger employers and employers in cities with higher average salaries.” https://www.forbes.com/sites/stuartanderson/2021/02/19/new-bill-has-many-good-but-two-bad-measures-for-employment-immigrants/?sh=4bec5be35af9

Wolfsdorf Rosenthal LLP published several new blog postings: “Celebrating Women Empowered,” “E-Verify Update: Watch Your State’s Requirements,” “Weekly Immigration Update,” “DOL Announces 2021 Adverse Effect Wage Rats for Non-Range Occupations,” “H-2B Cap Reached for Second Half of FY 2021,” “FY 2021 H-1B Cap-Subject Nonselection Notices Issued,” “New Asylum Process at Southern Border To Be Phased In Gradually,” “President Biden Reinstates DED for Liberians,” “State Dept. Announces National Interest Exceptions for Certain Travelers & Students,” Alejandro Mayorkas Confirmed to Lead Department of Homeland Security,” “DOL Proposes to Delay Effective Date of H-1B/PERM Wage Rule Until May,” “USCIS Rescinds 2017 Policy Memorandum on H-1B Computer-Related Positions,” “Good News for H-1B Applicants as Biden Administration Delays Wage-Based Selection Process for H-1Bs,” “Biometrics: Questions and Answers,” and “President Biden Signs Executive Orders Setting a Welcoming Tone for Immigrants.” https://wolfsdorf.com/blog/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by Univision in “Are parents criminally responsible for sending their children alone to the southern border of the United States?” The article asks if a parent can be sued who pushes a child to leave his or her country. “The question has to do with tort law, not U.S. immigration law,” Mr. Yale-Loehr noted. “The question is whether parents can be sued for negligence by allowing their children to travel alone from their country of origin to the United States.” In practice, “these trials are very rare, for several reasons. First, the child (or someone who sues on behalf of the child) would have to sue. And it is unlikely that children are aware of the United States civil liability law. And they are probably not willing to sue their parents. Also, even if they wanted to sue, they could not pay a lawyer to represent them.” He also said that “even if a child wins a tort lawsuit, many parents would not have money to pay for the damages.” A second question was whether it is legal to allow a child to travel alone and cross the border alone. “Nothing in U.S. immigration law prevents this. Immigration law says that anyone who has a well-founded fear of persecution can apply for asylum. There is no minimum age requirement to apply for asylum at the border,” Mr. Yale-Loehr explained. https://www.univision.com/noticias/inmigracion/padres-principales-responsables-enviar-solos-hijos-frontera-estados-unidos [Spanish]

Mr. Yale-Loehr co-authored a blog: “Overcoming Polarization: How to Talk with Immigration Opponents.” https://inclusion.americanimmigrationcouncil.org/content/overcoming-polarization-how-talk-immigration-opponents

Mr. Yale-Loehr was quoted by Veja in “Kamala Harris’ First Major Mission: The Problem Is Not Simple: Finding a Solution for the Crowds of Immigrants Who Accumulate at the Border in Search of the American Dream.” He noted that Ms. Harris’s role “highlights the importance of the mission to untie the immigration knot, but it is a difficult task.” He added that it “will take a long time to stabilize Central American economies and create a safer environment from which people don’t feel they have to flee for their lives.” https://veja.abril.com.br/mundo/a-primeira-grande-missao-de-kamala-harris/ [Portuguese]

Mr. Yale-Loehr was quoted by Inside Higher Ed in “Dream Derailed Leads to Lawsuit Against Berkeley.” The article discusses a lawsuit filed by a former international student of law at the University of California, Berkeley, for allegedly misinforming him of a deadline for applying for work authorization and costing him his “dream job” in New York and his right to remain in the United States, an error that ultimately led to his being arrested in shackles and handcuffs by U.S. immigration enforcement agents and escorted to a plane bound for Brazil, his home country. “We’re generally seeing an increase in OPT [Optional Practical Training] denials for a variety of reasons. That is causing consternation for both international students and international offices at universities. I think that international student advisers feel torn because technically it’s the student’s responsibility to make sure that applications are filed on time, and the application is technically filed by the student, not by the school, so the school cannot be making sure that all applications are filed by the students in a timely manner. Schools do their best most of the time to educate students about all aspects of OPT applications, including filing deadlines, but ultimately it is the student’s responsibility to make sure that the application is filed on time,” Mr. Yale-Loehr said. https://www.insidehighered.com/news/2021/03/19/former-international-student-who-lost-dream-job-sues-berkeley-alleging-negligence

Mr. Yale-Loehr was quoted by USA Today in “Immigration was a Scorching Topic at the Supreme Court Last Year. With Trump Gone, That’s Changed.” The article notes that “[p]ending immigration cases stemming from the Obama administration are in part a function of the years it takes for disputes to work their way through the courts. But it also underscores that many of the technical aspects of immigration enforcement don’t change much from president to president—despite the rhetoric from both parties.” Mr. Yale-Loehr said, “People may think, ‘Oh, well, now the government is always going to be trying to find ways to help immigrants’ and that’s not the case. You see that in some of these cases…where the government is still appealing to the Supreme Court on these technical but important issues.” https://www.usatoday.com/story/news/politics/2021/03/12/donald-trump-has-left-supreme-court-immigration-cases-went-him/4633025001/

Mr. Yale-Loehr presented a webinar on how to overcome immigration polarization on March 19, 2021, as part of the Cornell Advocacy Project’s four-part speaker series, “Speak Now.” Mr. Yale-Loehr discussed how issues of immigration have fractured along party lines and how that trend can be reversed. Topics included how and why immigration issues are polarized, how to advocate for those fighting within politically polarized immigration systems, and strategies for engaging in discussion with those who hold opposing views on immigration. https://www.youtube.com/watch?v=VwdCR698NoI (video); https://open.spotify.com/episode/7B6fMLTTcksOmGddaekmyT?si=PcYO44H5QjqEzd0vGYwU_g&nd=1 (podcast)

Mr. Yale-Loehr was quoted by National Public Radio in “Supreme Court Makes It Harder for Undocumented Immigrants to Fight Deportation.” He said the court’s decision “increases the burden of proof on immigrants in deportation proceedings.” https://www.npr.org/2021/03/04/973658292/supreme-court-makes-it-harder-for-undocumented-immigrants-to-fight-deportation

Mr. Yale-Loehr was quoted by Bloomberg Law Daily Labor Report in “U.S. Lawmakers Exploring Regional Visa Programs to Boost Economy.” The U.S. Citizenship Act’s regional economic development visa proposal echoes a similar initiative that was enacted as part of immigration law in 1990—the Labor Market Information program, which directed the Department of Labor to identify industries with a shortage of workers in the United States and industries with a surplus, he said. The plan was to make it easier to select immigrants in the shortage occupations and harder in the surplus occupations. “The proposed regulations were roundly criticized and the whole program died. In concept, this sounds great, but the devil is always in the details,” he said. https://news.bloomberglaw.com/daily-labor-report/u-s-lawmakers-exploring-regional-visa-programs-to-boost-economy

Mr. Yale-Loehr was quoted by Law & Crime in “Despite Biden Admin’s Claims, Southern District of Texas Ruling Does Not Require ICE to Deport.” He said, “Today’s court order does not require ICE to deport everyone who has a final deportation order. ICE still has discretion in deciding who to deport.” https://lawandcrime.com/immigration/despite-biden-admins-claims-southern-district-of-texas-ruling-does-not-require-ice-to-deport/

Mr. Yale-Loehr moderated a webinar, “What to Expect on Immigration from the Biden Administration”:

• Video link: https://www.youtube.com/watch?v=gqd3HnJWkE8
• Slide deck, https://drive.google.com/file/d/1jonICr6Vl2dK5mPoHW8jkd6VxDylHbxV/view
• Handouts: https://drive.google.com/file/d/1mW9jayRmlXJqWmIL2ayZIHMlPbj1rrf1/view and https://drive.google.com/file/d/1nxQGmmg-JF13LRs3uW3MeiHwNVU-zZWO/view.

Mr. Yale-Loehr was quoted by Bloomberg Law in “Lawmakers Revisit Changes to H-1B Lottery in Immigration Plan.” He said that any plan to implement a wage-based H-1B system from Biden administration agency heads is unlikely to “be identical to the Trump H-1B wage rule, but it is similar in concept.” Moreover, “this would only authorize DHS and DOL to consider a wage-based system; it doesn’t require it.” https://news.bloomberglaw.com/daily-labor-report/lawmakers-revisit-changes-to-h-1b-lottery-in-immigration-plan

Mr. Yale-Loehr was quoted by the Philadelphia Inquirer in “ICE ‘Deep State’ is Blocking Biden’s Quest for Justice for Refugees.” Mr. Yale-Loehr said that President Biden faces a long road in undoing former immigration policies. “First, former President Trump emboldened ICE agents to arrest anyone they suspected of being here illegally, even if the person merely overstayed their visa. ICE officials will not want to return to the pre-Trump era, where they were supposed to prioritize deporting immigrants who had serious criminal convictions. That is harder work.” In sum, he said, “changing the ICE bureaucracy is like steering an ocean liner. It takes time to change course. And it is harder when the crew may refuse to comply.” https://www.inquirer.com/opinion/biden-deportations-ice-haiti-cameroon-mexico-20210211.html

Mr. Yale-Loehr was quoted by Mediapart France in “États-Unis: Biden promet une grande réforme de l’immigration” (“United States: Biden promises major immigration reform”). Mr. Yale-Loehr said that two essential questions relate to the content and “timing” of reform, considering that the midterm elections in 2022 could reshuffle the cards in the Senate. For the left, the possibility exists of fragmenting any reform project into first attempting to strengthen measures in Congress that are more “modest” and consensual like the DACA program, he said. Congress is not the only obstacle in the path of the Democrats. A federal judge in Texas, appointed by former President Trump, has effectively temporarily blocked a decision by President Biden to suspend deportations for 100 days, he noted (subscription)

Mr. Yale-Loehr was quoted by the Associated Press in “ICE Nearly Released Sex Abuse Convicts Despite Biden Memo.” He said a conviction for sexual abuse of a minor normally would qualify as an aggravated felony, and that “such individuals remain immigration enforcement priorities.” https://apnews.com/article/joe-biden-us-news-immigration-crime-texas-09f40966250e15b9d54942ddb267df7b

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