Weekly Immigration Update: July 23–29, 2021

The Status of DACA: What Foreign Nationals and Employers Need to Know

We provide some answers to frequently asked questions about DACA and the recent July 16 federal court decision based on newly updated USCIS guidance.

To view the entire article, click here.

 

United States, July 29, 2021
USCIS Runs Second Lottery to Select More FY 2022 H-1B Cap Cases

• Earlier today, employers began receiving USCIS notifications that additional H-1B cap registrations were selected in a second FY 2022 cap lottery draw.
• The additional selection is taking place because USCIS did not receive enough H-1B cap petitions during the initial 90-day filing period to meet the 85,000 quota for FY 2022.
• Employers whose cases are selected in the second drawing have from August 2, 2021 to November 3, 2021 to file petitions for their newly-selected registrations.

To view entire article, click here.

 

Belgium, July 29, 2021
EU Intra-Company Transferee Permit Implementation Delayed

• Belgium’s implementation of the EU Intra-Company Transferee (ICT) Permit, designed for intracompany transfers of managers, specialists and trainees from outside the European Union to Belgium for more than 90 days, has been delayed.
• Brussels and Flanders have been accepting EU ICT Permit applications since October-November 2020, but corresponding EU ICT Permit cards are not being issued.
• EU ICT Permit holders from other EU Member States can work at a Belgian group entity of their home employer for up to a maximum of 90 days in any 180-day period, provided the employer submitted a Posted Worker (Limosa) notification.
• When implemented, EU ICT Permit card holders will also benefit from long term intra-EU mobility into Belgium under the advantageous terms of the EU ICT Permit Directive.

To view entire article, click here.

 

United Kingdom, July 26, 2021
Innovation Strategy Announced

• The UK government has published its Innovation Strategy, which sets out a long-term plan to attract global talent to the United Kingdom.
• This includes the introduction of a new ‘High Potential Individual route’, which will allow individuals to enter the United Kingdom without a job offer.
• The UK government will implement the Strategy in a Statement of Changes later in the year.

To view entire article, click here.

 

United States, July 23, 2021
Employers May Seek Remaining FY 2021 Returning Worker H-2B Visas, Cap Likely to be Reached Quickly

• Employers may again file FY 2021 H-2B visa petitions for returning workers from any country who have held H-2B status in fiscal years 2018, 2019 or 2020, after USCIS failed to receive enough petitions to exhaust the Northern Triangle carveout.
• USCIS will accept returning worker H-2B petitions until September 15, 2021 or until the remainder of the cap is reached, whichever is earlier.
• Petitioners must attest that their business is likely to suffer irreparable harm if they are unable to hire additional H-2B workers.
• Employers are advised to file their H-2B petitions as soon as possible; USCIS says that “the few” remaining H-2B slots are likely to go quickly.

To view entire article, click here.

 

New Zealand, July 23, 2021
Essential Skills Visa Online System Temporarily Suspended; Improvements to Visa Process

Essential Skills Visa applicants will see several changes to the visa process due to recent amendments and process changes:

• Applicants must submit their applications by mail or in person until August 30, 2021 due to a temporary online system suspension;
• Visa renewal applicants no longer need to provide documents they submitted with past applications; and
• The visa validity period for those earning less than median wage has been increased.

To view entire article, click here.