Since its introduction in 2001, the Premium Processing service offered by the U.S. Citizenship and Immigration Services (“USCIS”) has seen notable changes. Premium Processing was originally introduced as an option for certain...more
U.S. Citizenship and Immigration Services (“USCIS”) announced a Temporary Final Rule that will increase the 180-day automatic extension period for some Employment Authorization Documents (“EADs”) to 540 days beyond the EAD’s...more
5/11/2022
/ Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Final Rules ,
Foreign Workers ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Temporary Regulations ,
Time Extensions ,
USCIS
On January 22, 2022, the Department of Homeland Security (DHS) began requiring all non-U.S. individuals entering the United States by land or ferry across the U.S./Mexico or U.S./Canada borders to be fully vaccinated against...more
Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an annual...more
Effective December 31, 2021, the United States began permitting noncitizen arrivals from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. A Presidential Proclamation went into effect on...more
Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some U.S. employers’...more
1/5/2022
/ E-2 ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Foreign Workers ,
H-4 Spouses ,
Immigration Procedures ,
L-2 Visas ,
Non-Immigrant Visas ,
Popular ,
USCIS ,
Visas
Resources -
South Carolina Business License Reforms Go Into Effect January 1, 2022 -
South Carolina businesses have historically been subject to business license taxes on their gross income that vary widely from...more
12/16/2021
/ Biden Administration ,
Business Licenses ,
Contract Management ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Contractors ,
Infectious Diseases ,
Minimum Wage ,
Online Contracts ,
Tax Liability ,
Tax Reform ,
Tipped Employees ,
Tips ,
Travel Ban ,
Vaccinations ,
Wage and Hour
Helpful hints -
OIG Updates Health Care Fraud Self-Disclosure Protocol (“SDP”) -
On November 8, 2021, the OIG issued an updated SDP to providers, which included clarifications of existing guidance and increased the minimum...more
11/16/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Disproportionate Share Adjustments ,
Employer Mandates ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Fraud ,
Medicaid ,
Medicare ,
OIG ,
Outpatient Prospective Payment System (OPPS) ,
Physician Fee Schedule ,
Self-Disclosure Requirements ,
Vaccinations
On October 25, 2021, President Biden announced plans to revoke the current country-by-country travel restrictions to the United States which have been in place since January 2020....more
11/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
International Travel ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Vaccinations ,
Vaccine Passports
Resources -
FAR Council Issues Ensuring Adequate COVID-19 Safety Protocols For Federal Contractors Clause The Federal Acquisition Regulatory (“FAR”) Council has published a new clause (“COVID Clause”), and has asked...more
The White House recently announced that travel restrictions for all international travelers entering the United States by air will change in early November 2021. Since 2020, several Presidential Proclamations have instituted...more
Beginning October 1, 2021, United States Citizenship and Immigration Services (“USCIS”) will require COVID-19 vaccinations for all applicants applying for lawful permanent residence (i.e. green card) with some exceptions. ...more
9/22/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
Green Cards ,
Immigration Procedures ,
Individual Mandate ,
Infectious Diseases ,
New Guidance ,
Permanent Residence Cards ,
Request for Evidence (RFEs) ,
USCIS ,
Vaccinations ,
Visas
On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” would go into...more
9/14/2021
/ Department of Labor (DOL) ,
E-3 ,
Foreign Workers ,
H-1B ,
H-1B1 ,
Immigration Procedures ,
Interim Final Rules (IFR) ,
Non-Immigrant Visas ,
PERM ,
Prevailing Wages ,
Remand ,
Vacated
ADA Title III Website Accessibility Lawsuits On The Rise -
The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately...more
8/31/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Franchises ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Title III ,
Travel Restrictions ,
Vaccinations ,
Workplace Safety
Department of State Extends Validity of National Interest Exceptions to Regional COVID-19 Travel Restrictions -
On July 6, 2021, the Department of State updated its National Interest Exception (NIE) guidelines. Going...more
8/31/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employment Policies ,
Food Service Workers ,
Foreign Workers ,
Franchises ,
Immigration Procedures ,
Infectious Diseases ,
National Interest Waiver ,
Restaurant Industry ,
Tax Reform ,
Travel Restrictions ,
Vaccinations ,
Workplace Safety
Resources -
Effective Date Announced for New COVID-19 Safety Rule for Healthcare Providers -
OSHA's Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Employers must comply with...more
Focus -
DOL Issues New COVID-19 Safety Rule for Healthcare Providers -
OSHA's Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Most of the new requirements go into effect...more
6/23/2021
/ Coronavirus/COVID-19 ,
Cyber Crimes ,
Employer Liability Issues ,
Health and Safety ,
Independent Contractors ,
Infectious Diseases ,
IRS ,
Misclassification ,
OSHA ,
Public Health ,
Travel Ban ,
Workplace Safety
While the United States has seen a drastic drop in COVID-19 cases as vaccinations become more prevalent, other countries continue to see significant infection rates. Travel restrictions aimed at curbing the spread of...more
6/8/2021
/ Coronavirus/COVID-19 ,
E-2 ,
Foreign Nationals ,
H-1B ,
Immigrants ,
Immigration Reform ,
Infectious Diseases ,
L-Visas ,
National Interest Waiver ,
O Visa Petitions ,
Travel Ban
On Burr & Forman's "Immigration Insights" podcast, host Melissa Azallion Kenny provides listeners with updates on the International Entrepreneur Parole Program and the suspension of biometric fees for dependent applicants....more
6/4/2021
/ Biometric Information ,
Department of Homeland Security (DHS) ,
E-1 ,
E-2 ,
E-3 ,
Entrepreneurs ,
Fees ,
H-1B ,
H-4 ,
International Entrepreneur Rule ,
L-2 Visas ,
Parole Employment Authorization ,
USCIS ,
Visa Applications ,
Visas
With the 2021-2022 school year around the corner, Melissa Azallion Kenny has put together a podcast for public school districts interested in using the H-1B visa strategy for teacher shortage occupations. Melissa addresses...more
Focus -
America's Immigration System: President Biden's First 100 Days -
Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing on a myriad of...more
Updated CDC COVID-19 Guidance -
The CDC has updated its guidance regarding masking and physical distancing for fully vaccinated individuals. Once fully vaccinated, people can resume activities without wearing masks or...more
6/2/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Gender Identity ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Infectious Diseases ,
LGBTQ ,
Masks ,
Patient Access ,
Public Health ,
Relief Measures ,
Sex Discrimination ,
Sexual Orientation ,
Social Distancing ,
Title IX ,
Vaccinations
Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more
5/20/2021
/ DACA ,
Foreign Nationals ,
Green Cards ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
J-1 Visas ,
L-1 Visas ,
Popular ,
Presidential Proclamations ,
Prevailing Wages ,
Public Charge ,
USCIS ,
Wage and Hour
On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process. Beginning April 1st, those selected were eligible to start filing. But what if your employee was not selected? ...more
4/29/2021
/ Employment Authorization Documents (EAD) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Lottery ,
O Visa Petitions ,
OPT ,
STEM ,
TN-Visas ,
USCIS ,
Visas
On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire...more