Business Immigration in a Minute by Honigman LLP

  • The Government of Canada recently announced the first phase of its approach to ease border measures for travelers entering Canada. Beginning July 5, 2021 at 11:59 PM EDT, fully vaccinated, asymptomatic travelers who are permitted to enter Canada will not be required to quarantine, stay in a government-authorized hotel, or take a COVID-19 test on day 8 of their stay. To be considered fully vaccinated, a traveler must have received the full series of an accepted COVID-19 vaccine at least 14 days prior to entering Canada. Fully vaccinated travelers must still meet all other entry requirements and must complete pre- and on-arrival testing, as well as present proof of vaccination. There are no changes to Canada’s current border measures for travelers who are not fully vaccinated.

  • On June 23, 2021, the U.S. District Court for the Northern District of California vacated a Department of Labor (“DOL”) rule that would have modified the computation of prevailing wage levels for H-1Bs and permanent labor certifications. The rule was set to take effect on November 14, 2022, but now that the rule has been vacated, the matter will go back to DOL for further review and consideration. However, litigation will continue on claims challenging the DOL rule that seeks to create a wage-based selection process for H-1Bs, which is set to go into effect on December 31, 2021.

  • U.S. Citizenship and Immigration Services (“USCIS”) announced that it is again extending flexible deadlines for responding to certain requests and notices from the agency. Petitioners and applicants have an additional 60 calendar days beyond the due date to respond to certain requests and notices that were issued by USCIS from March 1, 2020 through September 30, 2021, including Requests for Evidence, Notices of Intent to Deny, and Notices of Intent to Revoke. 

  • U.S. Customs and Border Protection has extended border restrictions permitting only essential travel across the U.S.-Canada and U.S.-Mexico land borders through July 21, 2021. Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among other purposes. These restrictions do not affect air travel.

  • USCIS recently announced that it would accept resubmitted FY2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date on the petition was after October 1, 2020. If an H-1B cap-subject petition was rejected or administratively closed solely on this basis, USCIS instructs petitioners to re-submit that previously filed petition, with all applicable fees, to the USCIS listed address before October 1, 2021. If properly resubmitted, USCIS will consider the petition to have been filed on the original receipt date.

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