As we pass 100 days since the end of the Brexit transition period, it is time to reflect on what we have learned so far in relation to how the end of Free Movement rights has affected British citizens and UK companies operating within the European Economic Area (EEA) and EEA citizens and EEA companies operating in the UK. It is also an important time to highlight some key deadlines which are rapidly approaching. Set…

On April 26, 2021, the Secretary of State made a national interest determination regarding categories of travelers eligible for exceptions under Presidential Proclamations (PPs) 9984, 9992, and 10143 related to the spread of COVID-19. As a result of this determination, national interest exceptions (NIEs) from the regional COVID-19 travel bans in effect for Brazil, China, Iran, and South Africa now align with those already in place for the regional bans barring travel from Ireland, the…

US Citizenship & Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.  With this update, USCIS is reverting in substance to prior long-standing guidance issued in 2004, which directed officers to generally defer to prior determinations of eligibility when adjudicating extension requests involving…

India has reported the highest number of COVID-positive cases in any single day, in any country, since the pandemic.  New strain variants first identified in India have also appeared in other countries.  In reaction, multiple countries across the globe have announced restrictions on travel from India, and more are likely to follow in quick succession, repeating a pattern often seen during the pandemic where there have been surges in reported infections or fatalities.  Canada has …

Business entry and visa processing continue to be frozen, even weeks after the state of emergency declaration has ended. With a rebound in COVID infections in major cities, the issuance and processing of new visas into the country will likely continue for the foreseeable future. See the current measures with respect to visa restrictions. The Japanese Prime Minister announced that, effective April 12, Tokyo, Kyoto and Okinawa will again be subject to more restrictive COVID-19…

Effective April 1, 2021, the US Department of Homeland Security (DHS) has again extended its remote I-9 verification policy that defers the physical presence requirements of the employment verification process.  Under a policy first introduced on March 20, 2020, the requirement that employers inspect employees’ Form I-9 identity and employment eligibility documentation in-person applies only to those employees who physically report to work at a company location on any regular, consistent, or predictable basis.  If…

March 31, 2021 marked the sunset on a presidential proclamation that suspended four visa categories of substantial importance to US employers: H-1B, L-1, H-2B, and certain J-1 visas.  In effect since June 24, 2020 and initially scheduled to expire on December 31, 2020, Presidential Proclamation 10052 was extended by former president Trump through March 31, 2021 and left to expire by President Biden.  President Biden’s approach to let the nonimmigrant visa ban run its course…