Category Immigration

Pandemic Poses Potential Re-Entry Problems for Lawful Permanent Residents Abroad

  We are now several weeks beyond the one-year anniversary of the declaration by the World Health Organization recognizing COVID-19 as a global pandemic. While historic vaccine rollout accelerates across the United States, worldwide vaccine distribution efforts display inequities elsewhere. Moreover, travel restrictions, lockdowns, quarantine... Read More

USCIS Conducts Second H-1B Lottery

  U.S. Citizenship and Immigration Services (USCIS) has conducted a second H-1B lottery to select additional FY 2021 H-1B Cap cases. BrownWinick first reported the conclusion of the H-1B lottery selection in April; however, employers began to receive notifications of case selection late last week.  This second lottery is in an effort to fill the... Read More

Department of Homeland Security Issues Guidance on Exemptions to Travel Bans

  The Department of Homeland Security has issued guidance on exemptions to travel bans, specifically detailing exemptions to Presidential Proclamations 10014 and 10052, which together suspend the entry of certain immigrant visa applicants, and foreign nationals who present a risk to the U.S. economic recovery efforts in the wake of COVID-19, until... Read More

E-Verify COVID-19 Accommodation: New Temporary Rule for I-9 Compliance

  On May 1, 2020, the federal Department of Homeland Security (DHS) announced that expiring list B documents used for the purpose of validating an employee’s eligibility to work in the United States may be treated as if the employee provided a valid receipt for the document for I-9 purposes. DHS reasoned that, “Because many areas are under... Read More

COVID-19 Update: Presidential Proclamation Suspending Entry of Immigrants

  Summary The highly anticipated Presidential Proclamation which suspends entry of certain immigrants during the economic recovery period of COVID-19 has been signed and will be effective at 11:59 pm today, April 23, 2020. In short, the suspension affects a limited group of foreign nationals – those who are outside the United States and without a... Read More

H-1B Lottery Concluded – Petitions May Be Filed Beginning April 1

  U.S. Citizenship and Immigration Services (USCIS) announced earlier this week that the H-1B electronic registration process and the FY2021 lottery has concluded. Employers are now eligible to file a FY2021 H-1B cap-subject petition — provided they electronically registered the beneficiary in the H-1B registration process, and the registration... Read More

COVID-19 Immigration Q&A for Employers

  What impact does “work-from-home” and “social distancing” have on my foreign labor force? Many non-immigrant visas (H-1B, L-1, TN, O, P, R, etc.) are tied to particular work-sites and activities performed at specific locations. Employers that are asking their employees to work from home may need to file new Labor Condition Applications (LCAs) or... Read More

Electronic H-1B Lottery for FY2021 Announced

In an effort to streamline processes, U. S.  Citizenship and Immigration Services (USCIS) announced on December 6, 2019 that it will be implementing an electronic registration process for the lottery selection of H-1B cap subject petitions. Under the new process, employers seeking H-1B workers will complete a registration process to determine... Read More