BEYOND THE BASICS HR Solutions for US Immigration By David Swaim, a 30-Year Texas Board-Certified Immigration Attorney
The Supreme Court says that a grant of Temporary Protected Status (TPS) is not an admission to the United States
This week, the United States Supreme Court issued an unanimous 9-0 decision in Sanchez v. Mayorkas, No. 20-315 (U.S. 2021) holding that a grant of Temporary Protected Status (TPS) does not count as an “admission†into the United States for the purposes of qualifying to become a Lawful Permanent Resident (LPR). This decision effectively closes […]
DOS Provides Information on National Interest Exceptions for Regional COVID Proclamations
AILA Doc. No. 20071733 | Dated May 27, 2021 DOS announced that the Secretary of State made a national interest determination regarding categories of travelers eligible for exceptions under Presidential Proclamations (PPs) 9984, 9992, 10143, 10199, and similar subsequent PPs related to the spread of COVID-19. As a result of this determination, together with national […]
Secretary Mayorkas Designates Haiti for Temporary Protected Status for 18 Months
AILA Doc. No. 21052430 | Dated May 22, 2021 DHS Secretary Mayorkas announced a new 18-month designation of Haiti for TPS, enabling Haitian nationals and individuals without nationality who last resided in Haiti currently residing in the U.S. as of 5/21/21 to file initial applications for TPS as long as they meet eligibility requirements. WASHINGTON […]
DHS’s Restrictive H-1B Rule Has Finally Been Stricken from the Federal Regulations
In November, we wrote about a new rule promulgated by the Department of Homeland Security (DHS) which would have drastically changed the H-1B nonimmigrant visa category by making the definition of “specialty occupation†considerably more restrictive and by making it much more difficult to employ an H-1B worker to physically work at a third party’s […]
Practice Alert: USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021
AILA Doc. No. 21050437 | Dated May 4, 2021 On May 3, 2021, USCIS announced, through a declaration submitted in the Edakunni v. Mayorkas litigation, that it will suspend the biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021. The biometrics suspension will apply to the H-4, L-2, and E-1, E-2, and E-3 […]
Prevailing Wage Form is Updated by the Department of Labor and Must be Used as of May 3, 2021
The DOL Office of Foreign Labor Certification (OFLC) has revised Form ETA-9141, Application for Prevailing Wage Determination, and its corresponding appendix and instructions. Beginning Monday, May 3, 2021, the new form must be used for all prevailing wage applications. On May 3, all initiated cases must be submitted by 5:59 am (ET), when system maintenance will […]