Rojgar Job News

On 9 September 2019, the UK government announced changes to the Immigration Rules, which go on for nearly 100 pages. Read a summary of the key changes of most direct relevance to employers, sponsors and recruiters, and view the full Statement of Changes online. In addition to these changes, there has been another important and very recent government proposal relating to Tier 4 international students for the 2020/2021 intake – that is, that they will be able to stay in the UK for two years beyond completing their course. It is understood that such students will be issued a two year post-study work visa without needing a job offer or an employer to sponsor them and without any restriction on the type of work they can do. Since 2012, most students graduating from a UK university have had just four months from the end of their studies to change visa category (i.e. into Tier 2, which carries minimum salary thresholds and other costs and administrative burdens, and arguably makes t...

The Proposed Rule On November 14, 2019, the Department of Homeland Security (DHS) published a notice of a proposed rule that will considerably alter the fees associated with US filings and immigration benefits. The proposal also includes significant changes to some of the immigration forms published by the US Citizenship and Immigration Services (USCIS). DHS originally announced that it would accept public comments on the proposal for 30 days after publication; however, later extended the comment period until December 30, 2019. After comments are reviewed, a final rule will be published, which may differ from the original proposal. Overview of the Proposed Changes Some of the applications/petitions most affected by the fee increase and other changes are naturalizations (N-400), adjustment of status (I-485), and some of the most heavily utilized (I-129) employment-based petitions for nonimmigrant workers. Notably, while the I-485 filing fee would marginally decrease for all applicants, ...

On December 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it has completed pilot testing and is implementing the long-anticipated electronic registration tool for the next H-1B lottery of fiscal year (FY) 2021 H-1B visas. In its announcement, USCIS indicated that the initial H-1B cap registration period will run from March 1, 2020 through March 20, 2020, and selected cases may be submitted starting April 1 . Previously, on Nov. 8, 2019, the Department of Homeland Security (DHS) published a final rule establishing a $10 fee for each H-1B registration submitted by petitioners. This registration process will not apply to H-1B transfers (between employers) or extensions of status applications. It will only impact new H-1B visas subject to the annual quota or “cap” of 65,000 visas (Regular cap) and an additional cap of 20,000 H-1B visas available for “specialty worker” beneficiaries with advanced degrees from US colleges or universities (US...

United States Citizenship and Immigration Services (“USCIS”) recently issued a new version of its Form I-9, Employment Eligibility Verification, which is used to verify the employment authorization and identity for all employees in the United States. Although employers may now begin to use the new version, which has a 10/21/2019 version date on the bottom, they will be required to use it beginning on May 1, 2020. Failure to use the proper Form I-9 version can result in significant penalties. Changes in this new version are minor and not visible in the printed version, with most changes appearing in the drop-down menus when the form is completed electronically and in the form’s instructions. For example: The online fillable “smart” version now has an additional country available in a drop down menu in Section 1. The instructions now include: a new process for requesting paper forms, an updated USCIS website address, more detail on who can complete a Form I-...

President Trump has issued another Presidential Proclamation expanding the scope of two previously issued travel bans suspending entry of immigrants and nonimmigrants into the United States, subject to certain exceptions detailed below, due to the global outbreak of the SARS-CoV-2 virus (also referred to the as the coronavirus disease 2019 or“COVID-19”). This Proclamation, entitled, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, dramatically broadens the scope of Proclamation 9984 issued on January 31, 2020 and expanded on February 29, 2020. Effective from 11:59 p.m. EDT, March 13, 2020, the United States will restrict entry to foreign nationals (immigrants or nonimmigrants) who were physically present within the European Schengen Area during the 14-day period preceding their entry or attempted entry into the United States. The Schengen Area includes the countries of Austria, Belgium, ...

Just three days after issuing a Proclamation expanding the scope of the temporary travel (entry) bans, due to the global outbreak of the SARS-CoV-2 virus (COVID-19), which restricted entry and travel to the United States of foreign nationals (immigrants or nonimmigrants) who were physically present within the European Schengen Area, President Trump’s Proclamation now includes the United Kingdom, excluding overseas territories outside of Europe , and the Republic of Ireland. This new restriction takes effect at 11:59 p.m. eastern daylight time on March 16, 2020. While the President and others in the administration indicated these new travel restrictions should last for 30 days, the proclamations do not specify an expiration date. Each of the COVID-19 travel ban proclamations state the restrictions will “. . . remain in effect until terminated by the President. The Secretary of Health and Human Services shall recommend that the President continue, modify, or terminate this pro...

USCIS has suspended in-person services from March 18, 2020, until at least April 1, 2020, to help mitigate the spread of COVID-19. During this period, the agency will not conduct in-person adjustment of status or naturalization interviews, naturalization ceremonies, or Application Support Center biometrics appointments. USCIS field offices will send cancellation notices to applicants with scheduled appointments and naturalization ceremonies impacted by the closure. Asylum interviews will be cancelled and automatically rescheduled with a new date and time. USCIS will automatically reschedule all cancelled biometrics appointments once its normal operations resume. USCIS will continue to perform duties that do not involve contact with the public. This means that USCIS Service Centers, H-1B Cap Registration, and E-Verify services are currently continuing per normal operations. Similarly, Immigration related services provided by the U.S. Department of Labor such as labor condition applicati...

Two days after teasing a temporary halt to US immigration, on April 22, 2020, President Trump issued the first of what may be multiple Presidential Proclamations aimed at stemming US immigration in response to the COVID-19 pandemic. The Proclamation, which is more limited than many expected, centers on a 60-day US entry ban for certain foreign nationals applying to permanently enter the US on “immigrant visas” (AKA green cards), but does not directly affect “nonimmigrant visas” used to temporarily visit, study, or work in the US, such as the popular H-1B, TN, F-1, or B-1/B-2 visas. The following are answers to questions US employers may have in response to the Proclamation. Why Now? President Trump deemed the temporary immigration suspension necessary due to the nation’s current “high domestic unemployment and depressed demand for labor” and the need to allow consular officers to focus on providing “services to United States Citizens abro...

USCIS announced on May 29, 2020 that it will resume premium processing for Form I-129, Petition for Nonimmigrant Workers and Form I-140, Immigrant Petition for Alien Workers, in stages during the month of June. Premium Processing Service has been suspended since March 20, 2020 due to the coronavirus pandemic (COVID-19). Premium processing provides expedited processing for certain nonimmigrant categories filed via Form I-129, Petition for Nonimmigrant Worker, and immigrant categories filed via Form I-140, Immigrant Petition for Alien Worker. By filing Form I-907, Request for Premium Processing Service, and paying an additional filing fee of $1,440, USCIS guarantees processing within 15 calendar days or it will refund the premium processing service fee and will continue with expedited processing.  The initial response within 15 days is normally approval or a request for additional evidence. USCIS will resume its premium processing service in the following stages: The first stage wil...

On May 29, 2020, the President issued a proclamation blocking certain nationals of the Peoples Republic of China (PRC) from entering the United States in F-1 or J-1 nonimmigrant status in order to study or conduct research. The proclamation takes effect on June 1, 2020 at 12:00 pm (EDT) and remains in effect until terminated by the President. The Proclamation applies to graduate level and higher students and researchers from the PRC applying for visas or seeking entry into the U.S. who: receive funding from or who are currently employed by, study at, or conduct research at or on behalf of; or have been employed by, studied at, or conducted research at or on behalf of, an entity in the PRC that implements or supports the PRC’s “ military-civil fusion strategy .” The proclamation defines the term “military-civil fusion strategy” as “actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging tech...

The Trump administration announced an expansion of its COVID-19 travel ban to include those seeking to enter the U.S. from Brazil.  The new Proclamation issued on Sunday, May 24, 2020, bars all non-U.S. citizens who have been physically present in Brazil during the 14-day period prior to entering or attempting to enter the United States. Brazil joins the following countries that are already subject to similar COVID-19 travel bans: China; Iran; the European Schengen area: (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino, Vatican City); the United Kingdom and the Republic of Ireland. Who is Covered? The new Brazil proclamation includes several important qualifiers and exemptions.  It only extends to “aliens” (non-citizens of the United States), but ...

As expected, President Trump signed a presidential proclamation (“Suspension of Entry of Immigrants and Nonimmigrants who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak” hereafter “Nonimmigrant Proclamation”) extending the duration of his prior suspension of immigrant visas (for those entering the U.S. permanently ) and creating a new suspension for those seeking entry across a broad swath of nonimmigrant visas (those entering temporarily , particularly for employment). Background On April 22, 2020, president Trump issued Presidential Proclamation 10014, “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”, which established a 60-day bar on certain types of immigrant visas, but did not affect nonimmigrant visas. Thousands of U.S. employers use nonimmigrant visas to hire temporary workers across...

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) recently announced another extension, through July 19, 2020, of its COVID-19 temporary policy of deferring the physical presence requirements associated with Form I-9 compliance in relation to hiring and re-verifying certain remote employees.  However, within days of announcing this reprieve for employers, DHS and the Department of Justice (DOJ) published their annual, Civil Monetary Penalty Adjustments for Inflation rules increasing penalties against employers found in violation of immigration-related employment practices including I-9 paperwork deficiencies, unauthorized employment violations, and unfair, discriminatory employment practices. Extension of Temporary Polices Related to I-9 Flexibility In the early days of the COVID-19 pandemic, as many employers were adjusting to lockdowns and closures, ICE announced it would exercise its discretion by temporarily permitting employers with wor...

On June 18, 2020, the U.S. Supreme Court ruled that the Trump administration’s attempt to end Deferred Action for Childhood Arrivals (DACA) fell short of the legal requirements for ending such a broad executive program.  The Court held that the U.S. Department of Homeland Security’s (DHS) effort to terminate DACA was “arbitrary and capricious” and remanded the case for further consideration, leaving the program intact.  The Trump administration had argued that DACA was an unconstitutional overreach of executive authority since it began in 2012. The 5 to 4 opinion, written by Chief Justice John Roberts, only addressed DHS’ “procedural requirement that it provide a reasoned explanation for its action” and made no official determination regarding DACA’s legality or political merits.  Chief Justice Roberts explained: “Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if any...