Further Changes to Right to Work Checks Effective 17 May 2021

Since 30 March 2020, due to Covid-19, the Home Office has allowed an adjustment to the normal right to work (“RTW”) check process which must be undertaken by employers if they wish to avoid any potential liability for employing an individual who does not have the appropriate immigration permission to undertake their employment in the UK.  Under this adjustment, employers can check an employee’s immigration status in the UK by using scans or copies of documents instead of having to see the original documents.  Alternatively, the employer can use the on-line RTW checking service if the employee has one of the following:

a.  Biometric Residence Permit; or,
b.  Biometric Residence Card; or,
c.   status under the EU Settlement Scheme or Points Based System.

As of 17 May, this adjustment will cease and employers will once again be required to check original documents, unless they are able to use the RTW checking service.  Since the on-line service can only be used to check the RTW status of migrant workers, this means that, from that date, in the majority of situations, employers will be required to physically inspect prospective employee’s original documents and carry out the check either in the presence of the employee or via a live video link.  Even if they are using the on-line service, employers will still need to meet the prospective employee in person or via a live video link.


Continue Reading UK Right to Work Checks: Sunset of the Covid-19 Concession and Brexit Impact

US Citizenship & Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.  With this update, USCIS is reverting in substance to prior

On Tuesday, March 30, 2021, US Citizenship and Immigration Services (USCIS) announced that it received a sufficient number of H-1B registrations through its new electronic registration system needed to reach the annual cap, which includes registrations for both the 65,000 regular cap, as well as the 20,000 allotted US advanced degree exemption (or “master’s cap”).

USCIS states in its announcement that the lottery selection process is complete and that the Agency has notified all prospective petitioners if their registrations have been selected, meaning employers are eligible to file a FY2022 H-1B cap-subject petition on behalf of the employees for whom selection notices have been assigned.


Continue Reading USCIS Announces H-1B FY2022 Lottery Selection Complete, Selected Petitioners Notified

International travelers are continuing to face Covid-19 entry requirements, however, China has recently announced that it will simplify its visa applications for foreign nationals who have been vaccinated against COVID-19, specifically Chinese-made COVID-19 vaccines.

According to the Chinese embassy located in the Philippines, they will be returning to pre-pandemic visa requirements for those fully vaccinated.

The UK Government unveiled its economic recovery plan in a policy proposal entitled, “Build Back Better: our plan for growth”, detailing specific courses of action and priorities essential to the rebuilding and uplifting of the British economy out from underneath Covid-19 and into the post-Brexit world.  In doing so, the proposal sets out a series

The Government of India has implemented a recent change concerning the Overseas Citizens of India (OCI) scheme.

A summary of the changes is provided below.

OCI cardholders:

  • Do not need a visa to visit, live or work in India.  However, they must now obtain a special permit to undertake: research related activities; missionary, journalistic, Tabligh

Singapore’s Ministry of Manpower (“MoM”) recently announced additional revisions to the dependent pass legal framework.  Starting May 1, 2021, dependent pass (“DP”) holders will no longer be able to rely on a Letter of Consent (“LOC”)  to seek work authorization, and will instead be required to obtain their own work passes.

Currently, dependents of Employment

Today, on “Immigration Day,” the Biden administration issued a series of executive orders relating to its major immigration policy priorities, including: (1) revising the “public charge rule,” (2) rebuilding faith in the legal immigration system, (3) implementing a humane migration and asylum system, and (4) creating a task force to reunite migrant children who were separated from their families under the Trump administration. In remarks made at the signing ceremony, President Biden stated that he is “not making new law” but unraveling prior administration policies. 
Continue Reading On “Immigration Day,” Biden Signs Orders to Reverse Prior Administration Policies

H-1B Wage Rule Delayed

Yesterday, the DOL announced that, consistent with the Biden administration’s regulatory freeze, it will delay the application of a last-minute Trump Administration order meant to revise the computation of prevailing wages employers are required to pay H-1B, H-1B1, and E-3 visa holders. The new effective date of the regulation is May 14, 2021. In the interim, the DOL will open a 15-day comment period starting on February 1st, with a subsequent 60-day review period.

If it goes into effect, the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States rule would have a significant impact on sectors that rely on foreign workers, including the tech industry. While the Biden administration has signaled its intent to reverse the Trump administration’s H-1B policies, it is not clear that this regulation will be withdrawn. The Biden administration has expressed an interest to reform the temporary visa system so that “they are aligned with the labor market and not used to undermine wages.”
Continue Reading H-1B Wage Rule Delayed, Secretary Blinken Confirmed at State, and DHS Nominee Mayorkas Reportedly to be Filibustered