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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.

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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).

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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.

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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.

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Rapid-Fire Wednesdays Q&A | International Travel for Foreign National Employees | 11/20/2024 Recap

The transcript version of our weekly Q&A livestream for corporate immigration professionals By Kimberley (Best) Robidoux & Miki Kawashima Matrician 🔥Question: What are the main concerns for foreign nationals planning international travel during the holidays? Response: While leaving the U.S. is straightforward, returning can pose challenges if foreign nationals aren’t prepared. Key concerns include ensuring they have the correct documentation, such as valid passports, visa stamps, and any necessary supporting paperwork. Preparing for potential consular interviews is also critical to avoid complications at the consular posts as well as at U.S. ports of entry. 🔥Question: What documents should foreign nationals prioritize when preparing to return to the U.S.? Response: At a minimum, a passport valid for at least six months beyond the return date is essential. For those on temporary work visas, a valid visa stamp is generally required unless specific exceptions apply. In addition, individuals may need employment verification letters or other supporting evidence to submit with visa applications or to present at the port of entry. Planning weeks or even months in advance for consular processing is strongly recommended. 🔥Question: Do all foreign nationals need consular interviews to renew visa stamps? Response: Not always. Some consular posts offer […]

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Immigration Update

TPS is back for Haitians! There is a new 18-month designation period for Haitians interested in Temporary Protected Status (TPS). This new TPS designation enables Haitian nationals currently residing in the United States as of May 21, 2021to file initial applications for TPS, so long as they meet eligibility requirements. “Haiti is currently experiencing serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated by the COVID-19 pandemic,” said Secretary Mayorkas. “After careful consideration, we determined that we must do what we can to support Haitian nationals in the United States until conditions in Haiti improve so they may safely return home.” Individuals eligible for TPS under Haiti’s new designation must file an application for TPS with U.S. Citizenship and Immigration Services within the registration period that will begin upon publication of notice in the Federal Register. This includes current beneficiaries under Haiti’s TPS designation, who will need to file a new application to register for TPS to ensure they do not lose TPS or experience a gap in coverage. Individuals filing for TPS may also request an Employment Authorization Document and travel authorization. All individuals applying for TPS undergo security and […]

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