David Fullmer, Immigration Attorney

01/28/2022

Today USCIS announced the procedures for this year’s H-1B cap.



Employers can create their “Registrant” accounts at the myUSCIS website beginning on February 21.



Registration for this year’s lottery will occur between March 1st and March 18th (which is much earlier than in previous years) and lottery results will be announced on March 31st.

01/16/2022

by Martin Luther King Jr. in A Testament of Hope

01/15/2022

The Justice Department has announced a $40,000 settlement with a frozen food manufacturer in Minnesota for "discrimination". What was the discrimination? In the process of doing their I-9s, they asked Permanent Residents for specific documents when doing the I-9s (they probably asked to see the Green Cards).

I see this happen quite often. Multi-million companies have entry level staff without proper training do their I-9's. These well-meaning but not well-trained staff make little mistakes that can cost the employer allot, not just in money but also time and embarrassment .

The lesson learned is that employers should take their I-9 compliance seriously. Make sure that the people on the front line doing the I-9s are properly trained and consider doing a self audit.

The Department of Justice today announced that it has reached a settlement agreement with Buddy’s Kitchen Inc., a Minnesota-based company that produces and distributes frozen foods.

01/14/2022

The US is not the only country where the pandemic is causing chaos and confusion in relation to visas.

Serbian tennis star Novak Djokovic received a vaccination waiver to enter Australia and to defend his Australian Open title. However his waiver and visa were revoked upon arrival to Australia last weekend and he was detained pending deportation proceedings. The Australian authorities only have a few days to determine if he will be able to play next week.

Novak Djokovic faces deportation again after the Australian government revoked his visa Friday for a second time.

01/13/2022

Today the State Department released the February Visa Bulletin.

The most significant change on the Employment side, is a six month advance in India's Final Action Dates for EB-2 and a two month advance in the Dates for Filing for the same category.

This bulletin summarizes the availability of immigrant numbers during February for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

01/10/2022

Surprising statistic from NBC news: Net immigration to the US dropped has dropped in 2021 to 25% of what is was in 2016. When that is combined with the Great Resignation, many US employers and consumers are being hurt by shrinking workforce.

My suggestion to at least temporarily alleviate this problem is to expand the H-2B temporary worker program.

According to the census, net international migration into the U.S. last year was one-quarter what it was in 2016.

01/05/2022

My team at WR has provided some helpful tips for doing I-9's under the current "flexibility" that has now been extended until April 30, 2022.

• If any workers are physically back in the office, the remote option is not available. DHS said there are “no exceptions” to the requirement for in-person verification of identity and employment eligibility documentation in these circumstances.
• However, for an employee working remotely who is not able to come to the office for onboarding, an authorized representative can be designated to review the I-9 documents and complete the process at the employee’s location. An authorized representative can be any person the employer designates to complete and sign the I-9 on their behalf; a notary public, HR company, or attorney is not required. Even friends and family members of the employee can serve this purpose if needed.
• Employers should take care in choosing their authorized representatives for I-9 purposes, however—the employer is liable for any errors or violations that person may commit in connection with the form, the verification process, or any employer sanctions laws. It is advisable to give clear instructions to the authorized representative, and to have someone knowledgeable at your company (e.g., an HR person familiar with the I-9 process and requirements) review their work as quickly as possible to confirm accuracy and have corrections made if needed.
• Employers should monitor the DHS and U.S. Immigration and Customs Enforcement (ICE) workforce enforcement announcements for updates on ending the extension.
• E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire.

Due to ongoing pandemic-related concerns, the Department of Homeland Security (DHS) has extended to April 30, 2022, the flexibility policy in complying with certain physical inspection requirements related to Form I-9, Employment Eligibility Verification. The flexibility policy previously was set to...

01/02/2022

Interesting fact as we start a new year.

US population grown is down for the first year since 1937. The US needs continuing population growth to provide high skilled workers to the economy and to fund the Social Security System.

Japan, Canada and Germany have used immigration policy to address the need for population growth and the US can and should do the same to stay competitive.

Happy New Year!

My U.S. immigration predictions for 2022 involve important changes in the way the country will be processing applications and the likelihood of increasing immigration numbers.

12/31/2021

Today the USCIS announced that it would again extend the "flexibility" for responding to agency requests until March 26, 2022.

This "flexibility" provision allows applicants to respond to RFEs, NOIDs, NOIRs, etc. up to 60 days beyond the due date listed on the notice.

In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020.

12/27/2021

In response the the shortage of seasonal workers, the Department of Homeland Security has announced that it will allow an additional 20,000 H-2B temporary worker visas for the first half of this fiscal year (ending March 31, 2022) 6,500 of these visas are earmarked for workers from Honduras, Guatemala, El Salvador and Haiti.

This is a win for everyone: For the workers who are willing and able to work and need the jobs, the for the employers who need the workers and for the US economy.

The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022.

12/26/2021

It was not surprising to me that the US and China lead the world in terms of GDP. What interested me is that Japan is number three, leading even Germany and the UK.

Japan is also the leading user of E-2 (Treater Investor visas). Nearly a third of E-2 visas that are issued worldwide are from Japan.

- 2Visas

Which countries and regions contribute the most to the world economy? In this chart, we break down all $94 trillion of global GDP by country.

12/25/2021

Today the White House announced that as of December 31st the US inbound travel ban on travel from certain African countries would lifted.

This is in reference to the ban on travel from South Africa, Botswana, Zimbabwe, Namibia, Lesotho, Eswatini, Mozambique and Malawi that was implemented on November 29th in response to the outbreak of the Omicron variant in South Africa.

The ban was imposed only three weeks after the travel ban on 33 countries was lifted on November 8th. It has been especially problematic because the National Interest Exceptions ("NIEs" ) that were issued in response to the previous ban were deemed to be invalid and no new specific guidelines for NIEs had been announced.

Of course pre-travel COVID testing and full vaccination are still required for almost all travel to the US.

The Biden administration will lift travel restrictions on eight southern African countries imposed last month over concerns about the fast-spreading COVID-19 Omicron variant, the White House said Friday.