Kelcey L. Baker

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On Monday, March 27, 2023, U.S. Citizenship & Immigration Services (USCIS) announced that it had received a sufficient number of H-1B registrations through its electronic registration system to reach the annual cap for FY 2024. The announcement includes registrations for both the 65,000 regular cap as well as the 20,000 slots allotted for the U.S. advanced degree exemption (or “master’s cap”). H-1B cap-subject petitions for FY 2024 may be submitted based on valid, selected registrations beginning April 1, 2023. While USCIS has not announced plans for additional selections, valid registrations remain eligible for selection if the number of petitions actually submitted does not allow the agency to reach the annual cap. …

Continue Reading USCIS Completes Initial H-1B Registration Selection Process for FY 2024

Snapshot

The D.C. Circuit Court of Appeals agreed with the below D.C. District Court that allowing international students to work in their field of study for up to three years was within the Department of Homeland Security’s (DHS) authority to set the conditions of foreign graduates’ stay in the U.S.

Continue Reading D.C. Appeals Court Holds F-1 Student Visa Holder Work Authorization to Remain Unchanged

Done deal

Immigration, Refugees and Citizenship Canada has announced amendments to the Immigration and Refugee Protection Regulations, to take effect on September 26, 2022.

Snapshot Summary

These amendments impact the Temporary Foreign Workers Program, and the International Mobility Program, placing greater responsibility on employers to protect the rights of foreign workers.

The regulatory amendments aim to protect foreign workers’ rights and to improve employer compliance by addressing gaps in worker protections, workplace conditions for foreign workers, and ensuring access to information on employment rights, as well as focusing on providing improved access to healthcare services for foreign workers.…

Continue Reading Foreign Workers’ Rights Enhanced in Canada Through New Regulatory Amendments

On September 1, 2022, the Chilean government announced a reduction of entry requirements for visitors entering Chile, including eliminating the requirement of the International Travelers Affidavit and vaccine standardization.

Entry Requirements Reduced for Visitors

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The Department of Homeland Security (DHS) announced that US Citizenship & Immigration Services (USCIS) will accept premium processing requests on a rolling basis for certain immigrant petitions (Form I-140) for multinational executives/managers and for members of professions with advanced degrees or exceptional ability seeking a national interest waiver. Immigrant petitions (Form I-140) are filed by employers sponsoring employees and individuals for US permanent residency (the US green card).  This is the first implementation phase of the previously announced premium processing expansion.

Employers will be able to request premium processing (expedited adjudication based on a government filing fee) in a staggered approach for the newly-included categories, but note that this benefit applies only to cases filed on or before a specific date in 2021.

Premium Processing May Be Requested Beginning On: Case Type Filed On or Before
June 1, 2022 EB-1C Multinational Managers/Executives January 1, 2021
July 1, 2022 EB-1C Multinational Managers/Executives March 1, 2021
July 1, 2022 EB-2 National Interest Waivers June 1, 2021

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Continue Reading Long Awaited Expansion of Expedited Processing: EB-1 and EB-2 Employment Cases

U.S. Citizenship and Immigration Services (USCIS) announced several new measures including expanding premium processing to additional form types, providing relief to individuals waiting for work permits and setting agency-wide backlog reduction goals. USCIS, a fee-based organization, faced an unprecedented budgetary shortfall and backlog of cases to be processed in 2020 and 2021 due to the coronavirus pandemic and resource constraints. According to data published by the agency, there are approximately 9 million forms pending adjudication.

Expanding Premium Processing

As part of the these efforts, USCIS published a final rule that expands premium processing (expedited adjudication for a fee). The final rule is expected to take effect at the end of May 2022, and USCIS will begin implementation – through a phased approach – as soon thereafter as feasible.…

Continue Reading US Immigration Agency Announces Measures to Expedite Services and Decrease Pending Caseload

On March 17, 2022, the Canadian government announced that the country will end its pre-entry COVID-19 testing requirement for all fully vaccinated* travelers arriving via land, air, or water, beginning on April 1, 2022.

Canada’s Minister of Health, Jean Yves-Duclos, noted as part of the announcement that “as vaccination levels and healthcare system capacity…

Chile’s Ministry of the Interior and Public Security announced an extension to the country’s border closure, due to COVID-19, to remain in place until October 31, 2021, as well as some modifications to the previously announced “Protected Borders Plan”.
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Continue Reading Chile Extends Border Closures and Exit Restrictions, With Some Exceptions

On September 16, 2021, Chile’s Ministry of Health announced major modifications to the country’s “Protect Borders” plan, which will now allow for vaccinated non-resident visitors to enter Chile with a “Mobility Pass” (Pase de Movibilidad).  As of September 16, 2021, potential visitors to Chile can apply for a Mobility Pass with proof of vaccination* through the Chilean government’s website and receive a pass in approximately a month.  Visitors with a Mobility Pass will be able to enter Chile starting on October 1, 2021.
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Continue Reading Chile Introduces a Mobility Pass Relaxing Rules for Entry of Vaccinated Visitors

Social Security: Files and folders in desk drawer with labels and tabs: Home office management

USCIS announced today, August 9, 2021, that applicants filing for lawful permanent resident status are now able to apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process. Previously, these individuals had to apply for a Social Security number at a Social Security office. USCIS has…