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As reported in our prior alert, the Department of Labor (DOL) has issued its final rule Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States. Published today in the Federal Register, the Final Rule is effective March 15, 2021. The rule increases wages employers are required to pay H-1B workers by the percentiles we previously reported for the four wage levels utilized by the DOL—35th percentile for…
Further to our prior blog post regarding the new requirement of negative COVID-19 tests for travelers arriving in the United States from the United Kingdom, today the Center for Disease Control (CDC) has expanded that requirement to cover all air passengers arriving to the United States from a foreign country (and not just the United Kingdom). The CDC’s order requires air passengers to be tested no more than 3 days before flight departure and to provide…
United States Citizenship and Immigration Service (USCIS) announced today that, starting this month, the agency will no longer use the sticker issued to lawful permanent residents to extend the validity of their Form I-551, Permanent Resident Card, or “green card.” Instead, the agency will issue a revised Form I-797, Notice of Action, a change from previous procedure.
Now, when lawful permanent residents (LPRs) file Form I-90 to replace their expiring green cards, the revised Form…
On the cusp of the transition of power to President Biden, the Trump administration is pressing forward with three separate rulemakings restricting the H-1B visa program, which employers rely on to hire foreign workers for specialty professions, including in the pivotal science, technology, engineering, and mathematics (“STEM”) fields. The new rules seek to substantially increase the price tag on engaging H-1B talent, narrow eligibility of foreign workers whose academic degrees are not singularly tied to…
On the cusp of the January 20, 2021 US presidential inauguration, the Trump administration has a few remaining days to take action on immigration priorities that have been key to the president’s platform. By presidential proclamation, the current administration extended a travel ban just a few short hours before the ban’s original expiration on December 31, 2020. The Biden administration has identified its own immigration agenda, much of which focuses on rescinding or unwinding the…
The end of 2020 witnessed an alarming spread of multiple COVID-19 variants, including strains that first emerged in the United Kingdom and South Africa. Record high COVID-19 cases and hospitalizations were reported at similarly alarming rates, leading governments to take drastic action. In our December 22, 2020 blog, we reported on the travel restrictions imposed across multiple countries and regions across the globe, a trend that has continued at a rapid pace as governments…
The Japanese government announced this weekend that it will be suspending foreign entry into Japan (with certain exceptions) from December 28, 2020 until the end of January 2021. The blanket ban is a precaution against a new and potentially more contagious coronavirus variant that has spread across Britain. See Mayer Brown’s coverage of the ban on our COVID-19 Blog.…
Over the weekend, countries across Europe announced travel bans on the United Kingdom, with the growing list of countries spanning all other regions of the globe. The restrictions come in the wake of the discovery of a new (and possibly highly transmissible) COVID-19 strain in the United Kingdom, coupled with the UK prime minister’s Saturday announcement of the strictest domestic movement restrictions to-date, including a new Tier 4 “stay at home” level alert for parts…
The Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) has extended a temporary policy allowing employers to conduct remote reviews of I-9 supporting documentation until December 31, 2020. The extension provides employers ongoing flexibility with regards to I-9 verification processes in light of the continued impacts of the COVID-19 pandemic.
Although employers may continue to inspect verification documents by fax, video, or email, physical inspection will still need to be completed…