Upcoming Events and Kuck Baxter Immigration Media
We are actively engaged in our immigrant community both locally and national. Last week we gave three different community presentations on a variety of immigration topics to employers, community activists and foreign students.
We regularly speak at community events, continuing legal education seminars, Human Resource conference, and at universities and colleges around the US. If you would like us to speak to your group for free, let us know! Also, check out our website and come on out to an event! We also do a Facebook live every week, in both English and Spanish, every Friday at 2 pm. Follow us on our Facebook page and catch the action! You can also follow us on our YouTube page, which has hundreds of videos encompassing every immigration topic.
Have You Checked Out Our Blog and our Podcast?
Our Blog is updated each week with information, breaking news, and answers to questions you need to know!
You can also listen to our Top 50 rated podcast, “The Immigration Hour” podcast, that we post each Tuesday. The last episode talked in detail about S386, what is means for immigrant visa applicants through employers, and its chances for passage with the newest amendments. Download it and listen at your leisure. If you have comments on the podcast, or topics you would like us to talk about on The Immigration Hour, let us know!
Here is the Immigration News You NEED to Know Now
Kuck Baxter Immigration Guidance:
H-1B, H-1B1, and E-3 EMPLOYMENT GUIDANCE DURING COVID-19
- If the new remote worksite location is within the same MSA (metropolitan statistical area) of intended employment (i.e., within normal commuting distance), the employer need not file a new LCA. However, the original LCA notice must be posted according to DOL regulations. The employer may provide the notice through online posting, a direct e-mail or a hard-copy posting at that remote location.
- If the new remote worksite location is outside the MSA of intended employment, this is considered a “material change” to the employment. In this situation, the employer will need to file a new LCA and amend the petition. Please contact your legal counsel at Kuck Baxter Immigration to assist you in this process.
- Time of Posting: During the COVID-19 emergency, DOL will allow employers to post the notice of the filing of an LCA up to 30 calendar days after the H-1B, H-1B1 or E-3 worker begins work at the new worksite location.
- Physical Posting: Posting may be placed electronically rather than physically at the job site location. Electronic notification is permissible in lieu of hard-copy posting and should be used when the COVID-19 pandemic makes it impossible for the employer to notify the workforce at that jobsite of the LCA filing. Employers may use any electronic means ordinarily used to communicate with its employees about job vacancies, including its website, electronic newsletter, intranet or e-mail.
UP-TO-DATE IMMIGRATION NEWS
FY 2021 H-1B Cap Petitions May Be Filed as of April 1; Glitch in Registration System Reportedly Results in Erroneous Denials
USCIS Temporary Office Closure Extended Until At Least May 3
AILA Sues USCIS Seeking Maintenance of Status for Nonimmigrants, Extended Immigration Benefit Deadlines
Global: Canada
COVID-19 Update
- Students who have valid study permits or an Immigration, Refugees and Citizenship Canada (IRCC) pre-approval letter (“letter of introduction”) dated March 18, 2020, or before, may travel to Canada by land or air.
- Workers with valid work permits or pre-approval letters from IRCC (“letter of introduction”) may travel to Canada, regardless of industry.
- New workers who will be employed in critical industries such as agriculture, food processing, health, transportation, and emergency services, may also travel to Canada.
- Individuals whose permanent residence has been approved and who hold a Confirmation of Permanent Residence (COPR) issued on or before March 18, 2020, may also travel to Canada to activate their permanent residence. They must show the COPR upon boarding the plane.
- Transit through Canadian airports is still allowed, provided the individual is not seeking to be admitted to Canada.
- Canadian citizens with dual or multiple citizenship may exceptionally travel back to Canada on their foreign passports, provided they obtained an email from IRCC granting them special authorization.
- Anyone, regardless of citizenship, returning from abroad must self-isolate for 14 days. Canadians being repatriated and landing at one of the four airports receiving international flights (Montreal, Toronto, Calgary, and Vancouver) and who need to take a domestic connecting flight will be quarantined at one of the airport hotels for 14 days, before being allowed to embark on a plane to their final Canadian destinations. Accommodation and food will be provided by the government.
- Severe penalties such as fines and prison sentences have been established under the Quarantine Act for anyone violating it. Foreign workers, students, and permanent residents could become criminally inadmissible if convicted of one of the more severe offenses under the Quarantine Act.