As of June 12, 2022, the Centers for Disease Control and Prevention (CDC) no longer requires air passengers traveling to the United States from a foreign country to show a negative COVID-19 test. The requirement, implemented in early 2021, mandated that all inbound travelers present a negative COVID-19 test result prior to boarding a U.S.-bound flight. The new policy allows travelers, citizens, and non-citizens alike to board U.S.-bound flights without testing for COVID-19.
On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that would increase the automatic extension period for Employment Authorization Documents (EADs) for certain designated categories of EAD renewal applicants who timely filed Form I-765, Application for Employment Authorization before their EAD’s current expiration. This rule was issued in response to the extensive backlog of EAD renewal applications currently pending with the USCIS, which has resulted in incredible challenges for both employers and employees.
Using treaty of commerce and navigation visas as a possible option for manufacturing companies searching for talent is a great way for manufacturing companies to explore. Companies with affiliates abroad have another option: the L-1 visa.
After years of testing its pilot program, USCIS recently announced an expansion of credit card payments to most USCIS forms. Because the vast majority of forms and other filings require payment of fees that are often substantial, this expansion will give employers, foreign nationals, and attorneys alike much more flexibility.
To transition further away from paper-based operations, U.S. Citizenship and Immigration and Services (USCIS) announced Tuesday, April 12, that those who previously received deferred action (i.e., protection from deportation) under Deferred Action for Childhood Arrivals (DACA) may now file their DACA renewal forms online (see USCIS News Release here). This announcement is welcome news for DACA recipients, commonly known as “Dreamers,” who until now could only file their DACA renewal forms by mail.
The Administration seeks to make the federal government a model employer for transgender equality and visibility.
After the United States (U.S.) Citizenship and Immigration Services (USCIS) recognized that E and L nonimmigrant spouses are entitled to work in the U.S. “incident to status” on November 12, 2021, a new Category of Admission (COA) codes were created for use in issuing Forms I-94.
Without a formal news release, U.S. Citizenship and Immigration Services (“USCIS”) started prioritizing pending requests for employment authorization (Form I-765) by adjustment of status (“AOS”) applicants (often referred to as “green card applicants”).
On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the “transfer of underlying basis” between employment-based categories, commonly referred to as “interfiling.” Due to an exceptionally high number of employment-based immigrant visas available in these categories for this fiscal year (Oct. 2021 through Sept. 2022), eligible applicants are encouraged to request the transfer of the underlying basis of their adjustment of status application to the first or second employment-based preference. A major contributing factor to this unusually high number of visas available is that the visa pool includes the unused family-sponsored visa numbers from fiscal year 2021 (approximately 140,000).
The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to expanding legal protections for workers and labor unions, the General Counsel’s office of the NLRB issued Memorandum OM 22-09, reiterating NLRB policy on workers’ rights to access the NLRB collective bargaining and remedial procedures regardless of immigration status, without fear of reprisals from their employers or the federal government.
Effective January 1, 2023, Washington employers with at least 15 employees must affirmatively disclose the wage scale or salary range and a general description of all benefits and other compensation being offered when posting job openings, regardless of whether such information is requested by the applicant.
While the United States awaits the Supreme Court’s ruling in Dobbs v. Jackson, which may overturn Roe v. Wade and eliminate the federal standard for abortion access, some states are considering setting their own standards that would ban or protect the medical procedure.
As volatility in the cryptocurrency market has increased, regulators in the United States and around the world have indicated a willingness to impose tougher compliance requirements related to crypto assets. As a result, there is an increasing likelihood that companies that hold or deal in crypto assets may be subject to additional regulations in the coming years.
Manufacturers in the U.S. should take note of a new request for comment from the United States Trade Representative as a lack of support may lead to removal of the tariffs and surge in unfairly priced imports.
On May 18, 2022, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Jarkesy v. Securities and Exchange Comm’n, in which it examined the constitutionality of an agency civil money penalty enforcement proceeding.
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