Weekly Immigration Update: February 26–March 4, 2021

FY 2022 H-1B Cap Registration Begins Tuesday, March 9

• Employers and their immigration counsel may register foreign nationals for the FY 2022 H-1B cap lottery between Tuesday, March 9 at noon ET and Thursday, March 25 at noon ET.
• USCIS is expected to receive a very large number of online registrations during this period. Technical slowdowns are possible as a result.
• Before an H-1B cap registration can be submitted by immigration counsel, employers must promptly review, approve and e-sign the registration.

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China, March 4, 2021
Work Permit Requirements Relaxed in Shanghai

• The Chinese government introduced relaxed eligibility requirements and other beneficial rules for Work Permit applications for Shanghai, focusing on foreign nationals in scientific and technological occupations; foreign nationals in innovative entrepreneurial occupations; and special experts.
• The changes are in line with the Chinese government’s goal to attract more high-level foreign nationals, especially in scientific and innovative fields.
• Separately, the Chinese government has announced that it will increase enforcement measures for Work Permit applications part of the Employer Trust Program.

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United Kingdom, March 3, 2021
Budget Report for 2021 Released; Focus on Attracting Highly-Skilled Talent

• There are several proposals for the United Kingdom's immigration regime in the 2021 Budget Report, including:
  • The creation of a scale-up visa subcategory;
  • Reformation of the Global Talent visa category;
  • Revision of the Innovator visa category;
  • Launch of the new Global Business Mobility Visa; and
  • Provision of support to small businesses using the visa system.
• These proposals would likely reduce the administrative burden on both employers and applicants by increasing efficiencies for users of the immigration system. However, details on most of the proposals have not been released, and ultimately each proposal would require changes to the Immigration Rules to become effective.

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United States, March 3, 2021
State Department Limits Exceptions to European COVID Travel Bans, Adding Further Challenges for  Nonimmigrant Workers and Business Travelers

• On March 2, the State Department announced a new policy that will make it more challenging for nonimmigrant workers and business travelers to obtain national interest exceptions (NIE) under the regional bans on travel from the European Schengen Area, the United Kingdom, and Ireland. 
• The new policy became effective immediately and could affect B, E, H, L, O and P nonimmigrants as well those traveling for business under ESTA.
• Eligibility for work and business travel NIEs for the affected bans has been narrowed to those “seeking to provide vital support for critical infrastructure.” The prior standard included broader criteria for certain business travelers deemed to be substantially contributing to the U.S. economy.
• It is not yet known how the new standard will be applied by the State Department in practice, but it is expected to increase the difficulty in obtaining an NIE for work or business travel to the United States from the affected countries.

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Netherlands, March 3, 2021
UK National Business Visitors Granted Broader Business Activity Rights

• The Netherlands now allows UK national business visitors to conduct activities directly based on the EU-UK Free Trade Agreement, which includes more activities than those generally permitted for business visitors.
• UK nationals can therefore now perform activities such as technical, scientific and statistical research; receiving training in techniques and work practices; and visiting for establishment purposes, among other activities under business visitor status, which means they do not require a work permit.

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United States, March 1, 2021
USCIS Offers Some Accommodations to F-1 Optional Practical Training Applicants Affected by Receipting Delays

• USCIS is offering some flexibilities to F-1 students seeking Optional Practical Training (OPT) who have been negatively affected by agency delays in issuing receipt notices for Form I-765, Employment Authorization Document (EAD) applications.
• F-1 students whose OPT applications were received between October 1, 2020 and May 1, 2021, will be permitted to complete their 12-month practical training period within 14 months of the date of their Form I-765 approval, instead of 14 months from the date of their F-1 program completion, which is the requirement under current rules.
• F-1 students who timely filed Form I-765 but had their applications rejected due to the lengthy USCIS delays may re-file outside of the standard filing window by May 31, 2021, as long as USCIS received the initial filing between October 1, 2020 and May 1, 2021.
• USCIS will issue a Request for Evidence instead of denying F-1 OPT applications that are accepted by the agency with missing or deficient signatures. USCIS may still reject an application for missing or deficient signatures, however.

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