Client Payment Portal

Immigration Update

Oct 25, 2021 | Immigration Updates

In this edition, find out more about how the DHS plans to continue travel restrictions at land border ports of entry with Mexico, DOJ and DOL reaching settlements with Facebook resolving claims of discrimination against U.S. workers, the USCIS implementing employment authorization for individuals covered by Deferred Enforced Departure for Hong Kong residents, and more.

DHS Continues Travel Restrictions at Land Border Ports of Entry With Mexico

The Department of Homeland Security (DHS) announced it will continue to temporarily limit non-essential travel of individuals from Mexico into the United States at land ports of entry (POEs) along the U.S.-Mexico border until January 21, 2022.

The limit does not apply to those who are fully vaccinated for COVID-19 as defined by the Centers for Disease Control and Prevention, DHS said.

Details:

Back to Top

DOJ, DOL Reach Settlements With Facebook Resolving Claims of Discrimination Against U.S. Workers

The Departments of Justice (DOJ) and Labor (DOL) released a joint statement on October 19, 2021, announcing separate settlement agreements with Facebook regarding its use of the permanent labor certification program (PERM).

The DOJ settlement includes about $14 million in fines, along with additional notice, recruitment, and training requirements. The DOJ settlement resolves its claims that Facebook routinely refused to recruit, consider, or hire U.S. workers—a group that includes U.S. citizens, U.S. nationals, asylees, refugees, and lawful permanent residents—for positions it had reserved for temporary visa holders in connection with the PERM process.

Additionally, the DOL settlement resolves issues it separately identified through audit examinations of Facebook’s recruitment activities related to its PERM applications filed with the Employment and Training Administration’s Office of Foreign Labor Certification (OFLC).

Details:

Back to Top

USCIS Implements Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong Residents

U.S. Citizenship and Immigration Services (USCIS) released information on how to apply for employment authorization for eligible Hong Kong residents covered under President Biden’s August 5, 2021, memorandum allowing Deferred Enforced Departure (DED) for 18 months, through February 5, 2023.

DED for Hong Kong residents applies only to certain eligible Hong Kong residents who were present in the United States as of August 5, 2021; who have continuously resided here since that date; and who meet other eligibility criteria described in the President’s memorandum. For purposes of this DED policy, USCIS explained, Hong Kong residents “are individuals of any nationality, or without nationality, who have met the requirements and been issued a Hong Kong Special Administrative Region (HKSAR) passport, a British National Overseas passport, a British Overseas Citizen passport, a Hong Kong Permanent Identity Card, or an HKSAR Document of Identity for Visa Purposes.”

There is no application for DED. Eligible Hong Kong residents may apply for an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization. Eligible Hong Kong residents covered by the August memorandum may also receive travel authorization. Individuals must file Form I-131, Application for Travel Document, to apply for advance parole if they wish to travel based on DED.

Details:

Back to Top

USCIS Accepts Credit Card Payments From Petitioners for O and P Nonimmigrant Workers

As part of its credit card payment pilot program, U.S. Citizenship and Immigration Services’ (USCIS) Vermont Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, from petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants.

The program is also in operation at the Nebraska and Texas Service Centers. USCIS hopes eventually to expand this payment option to other forms and service centers. The goal is “to bring USCIS one step closer to accepting digital payments using a credit card at all service centers,” the agency said.

Details:

Back to Top

Related Posts:

Immigration Update

In this edition, find the latest news on filing adjustment of status applications for EB-5 investors, ICE’s announcement of the extension of I-9 flexibilities, OFLC’s announcement of a new submission process for H-2B applications, DHS’s details on the ‘Uniting for Ukraine’ process, and more.   Concurrent or Subsequent Filing of Adjustment of Status Applications for EB-5 Investors with Pending or Approved Form I-526s  The EB-5 Reform and Integrity Act of 2022 provides relief for those lawfully admitted into the U.S. to move forward with their green card, even before the Form I-526 is approved.  This is authorized for both new immigrant investors as well as immigrant investors who filed prior to June 30, 2021.     USCIS has since confirmed that an immigrant investor (and eligible derivative beneficiaries) can now file a Form I-485, Application to Adjust Status, based on a pending or approved Form I-526.  Although the Form I-485 instructions have not yet been updated, we have received credible reports of USCIS issuing Form I-485 receipt notices for immigrant investors with pending Form I-526s.    This is particularly beneficial for those currently in the U.S. who are running out of time on F-1, OPT, H-1B, E-2, L-1, and other nonimmigrant visas.  It also […]

Read More

Biden Reinstates Travel Restrictions on U.S. Noncitizen Travelers from European Schengen Countries, U.K., Ireland and Brazil; South Africa Added

Via a January 25 Presidential Proclamation, President Biden has suspended the entry into the United States of immigrants and nonimmigrants who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States. This proclamation reverses President Trump’s Jan. 18th proclamation lifting the travel ban from Ireland, European Schengen countries, U.K., and Brazil, which was to take place on Jan. 26. Effective 12:01 am EST on January 30, Biden’s proclamation will also add the Republic of South Africa to the list of restricted countries. South Africa was not on the list prior to now. These restrictions do not apply to the following: Any lawful permanent resident of the U.S. Any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident Any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21 This proclamation is to remain in effect until terminated by the President.  

Read More