DHS Extends Travel Restrictions for U.S.-Mexico Border
The Department of Homeland Security (DHS) announced it will continue to temporarily limit non-essential travel of individuals from Mexico into the United States at land ports of entry (POEs) along the U.S.-Mexico border until January 21, 2022. This limit does not apply to those who are fully vaccinated for COVID-19. The Notification does not apply to air, freight rail, or sea travel between the United States and Mexico, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Mexico. Essential travel includes, for example, U.S. citizens and lawful permanent residents returning to the United States; Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States); and Individuals traveling to attend educational institutions. Non-essential travel is defined as tourism such as sightseeing and recreation.
Read below for more on this and the other immigration news of the day.
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Here is the Immigration News You NEED to Know Now
UP-TO-DATE IMMIGRATION NEWS
DHS Continues Travel Restrictions at Land Border Ports of Entry With Mexico– DHS will continue to temporarily limit non-essential travel of individuals from Mexico into the United States at land ports of entry along the U.S.-Mexico border until January 21, 2022.
DOJ, DOL Reach Settlements With Facebook Resolving Claims of Discrimination Against U.S. Workers – The Departments of Justice and Labor released a joint statement on October 19, 2021, announcing separate settlement agreements with Facebook regarding its use of the permanent labor certification program.
USCIS Implements Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong Residents– USCIS released information on how to apply for employment authorization for eligible Hong Kong residents covered under President Biden’s memorandum allowing DED through February 5, 2023.
USCIS Accepts Credit Card Payments From Petitioners for O and P Nonimmigrant Workers – As part of its credit card payment pilot program, U.S. Citizenship and Immigration Services’ Vermont Service Center is now accepting credit card payments from petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants. The program is also in operation at the Nebraska and Texas Service Centers.
For details on these news briefs,click here!
New Publications and Items of Interest
New E-Verify feature. A new E-Verify feature, myUploads, allows employees to upload required documents in JPEG, PNG, or PDF formats to help resolve Tentative Nonconfirmations (TNCs). Employees can access their myE-Verify accounts by logging into their USCIS online accounts and uploading the requested documents. They can still use fax or mail to submit documents if they prefer. The employer should provide the Further Action Notice (FAN) to the affected employee, discuss the TNC privately with the employee, and allow the employee to decide whether he or she will contest the TNC. The FAN includes the steps for using myUploads to help resolve a DHS TNC. Once uploaded, the employee must call the number on the FAN to resolve the case.https://myeverify.uscis.gov/
New SAVE features. Systematic Alien Verification for Entitlements (SAVE) is enhancing its case search capabilities, including improved usability through a search bar and other features, and a more robust case search engine. SAVE will notify users by email at least three weeks before the go-live date for enhancements. https://save.uscis.gov/web/
Helpful Links:
- Coronavirus.gov: Primary federal site for general coronavirus information
- USA.gov/coronavirus: Catalog of U.S. government’s response to coronavirus
- CDC.gov/coronavirus: Centers for Disease Control and Prevention information
- American Immigration Lawyers Association: https://www.aila.org/advo-
media/issues/all/covid-19 (links to practice alerts on this site are restricted to members) - NAFSA: https://www.nafsa.org/
regulatory-information/ coronavirus-critical-resources
Immigration Agency Information
Department of Homeland Security:DHS.gov/coronavirus
- https://www.dhs.gov/
coronavirus-news-updates - https://www.dhs.gov/news/2020/
03/17/fact-sheet-dhs-notice- arrival-restrictions-china- iran-and-certain-countries- europe
USCIS: USCIS.gov/coronavirus
ICE:
- Overview and FAQs: https://www.ice.gov/
coronavirus - Requirements for ICE Detention Facilities: https://www.ice.gov/doclib/
coronavirus/eroCOVID19response - ReqsCleanFacilities.pdf
CBP:
- Updates and Announcements:https://www.cbp.gov/newsroom/
coronavirus - Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/
home
Department of Labor:
- Office of Foreign Labor Certification:
- OFLC Announcements (COVID-19 announcements included here): https://www.foreignlaborcert.
doleta.gov/ - COVID-19 FAQs:
- § Round 1 (Mar. 20, 2020): https://www.foreignlaborcert.
doleta.gov/pdf/DOL-OFLC_COVID- 19_FAQs_Round%201_03.20.2020. pdf - § Round 2 (Apr. 1, 2020): https://www.foreignlaborcert.
doleta.gov/pdf/DOL-OFLC_COVID- 19_FAQs_Round%202_04.01.2020. pdf - § Round 3 (Apr. 9, 2020): https://www.foreignlaborcert.
doleta.gov/pdf/DOL-OFLC_COVID- 19_FAQs_Round%203.pdf
State Department:https://www.state.gov/
- Travel advisories: https://travel.state.gov/
content/travel/en/ traveladvisories/ea/covid-19- information.html - Country-specific information: https://travel.state.gov/
content/travel/en/ traveladvisories/COVID-19- Country-Specific-Information. html - J-1 exchange visitor information: https://j1visa.state.gov/
covid-19/
Justice Department
- Executive Office for Immigration Review: https://www.justice.gov/eoir/
eoir-operational-status- during-coronavirus-pandemic
Agency Twitter Accounts
- EOIR: @DOJ_EOIR
- ICE: @ICEgov
- Study in the States: @StudyinStates
- USCIS: @USCIS
Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/
E-Verify webinar schedule. E-Verify has released its calendar of webinars at https://www.e-verify.gov/
For Details on these and other topics, click www.immigration.net!
Government Agency Links
Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:
USCIS Service Center processing times online: https://egov.uscis.gov/
Department of State Visa Bulletin:
https://travel.state.gov/
Visa application wait times for any post:https://travel.state.gov/
Kuck Baxter Immigration — In The News
Charles Kuck was quoted by Bloomberg Law in “Chronic Green Card Backlog Gains Lawmakers’ Bipartisan Attention. Commenting on things U.S. Citizenship and Immigration Services (USCIS) could do to reduce backlogs, Mr. Kuck said, “The idea that USCIS does not have the resources is not true. They don’t have the will.” https://bit.ly/3ARW2ii(registration required)
Charles Kuck was quoted by the Atlanta Journal-Constitution in “Kemp’s Immigration Policy Could Complicate Bid for Second Term.” Mr. Kuck said Governor Brian Kemp of Georgia was in search of a “shiny object” to distract from former President Trump’s ongoing attacks targeting the governor. “This is a reelection stunt. If he’s going to the border, he’s searching for a solution that does not exist,” Mr. Kuck said. https://bit.ly/3Bt9gDo
Charles Kuck, represented plaintiffs in a recent case, Kinsley v. Blinken, in which a U.S. district court judge issued a decision on October 5, 2021, prohibiting the use of travel bans as a reason not to process or issue visas. Mr. Kuck was quoted by the Times of India in “Good News for H-1B Visa Holders Stranded in India.” Mr. Kuck said, “We are grateful that Judge Boasberg saw through the cascade of baseless legal theories put forward by the Department of State to finally and affirmatively rule that it is a violation of federal law to refuse to issue visas solely because a President has proclaimed an entry ban under the Immigration and Nationality Act 212(f). We call on the Department of State to now do away with its ridiculous and legally unnecessary national interest exemption program and get back to the business of visa issuance around the world regardless of those entry bans.” https://bit.ly/30bBbKl
Charles Kuck was quoted by Atlanta Magazine in “Freedom University Wasn’t Meant to Last This Long.” He said the Board of Regents of Freedom University is “not answerable to the state legislature” and can change policies if it chooses, at least for Deferred Action for Childhood Arrivals recipients. He blamed a lack of progress on “constant finger-pointing between the legislature and the regents. ” ‘It’s their fault. It’s their fault. It’s their fault.’ That’s what’s extraordinarily frustrating about this. Nobody wants to take responsibility for depriving these kids of an education.”https://www.atlantamagazine.
Kuck Baxter Immigration LLC published its US legal guide for Corporate Immigration. It can be found at https://iclg.com/practice-
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