Weekly Immigration Update: May 21–27, 2021

ICE Extends Interim COVID-19 Protections for Form I-9 Compliance Through August 31

• Due to the ongoing COVID-19 emergency, U.S. Immigration and Customs Enforcement is extending its remote I-9 document inspection policy through August 31, 2021.
• Eligible employers will continue to be permitted to review I-9 identity and employment authorization documents remotely until the interim policy expires or until three days after the COVID-19 emergency is over, whichever comes first.
• Employees onboarded remotely on or after June 1, 2021, must have their documents inspected in person once they begin working non-remotely on a “regular, consistent, or predictable basis.”

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United Kingdom, May 25, 2021
Government Publishes Strategy Statement for Reforming Immigration System

The UK government has confirmed its plans for the immigration system over the next few years. Aside from creating a simplified end-to-end visa application process, other goals include creating new and reformed immigration routes such as:

• A single, sponsored Global Business Mobility route;
• A Graduate route;
• A new International Sportsperson route; and
• An unsponsored points-based route.

Longer-term goals include a requirement for all individuals (except British and Irish nationals) to apply for an electronic travel authorization before travelling to the United Kingdom (to be introduced in phases and fully implemented by the end of 2024), as well as expanded eligibility to enter using e-gates.

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United States, May 24, 2021
DHS Designates Burma (Myanmar) for TPS; Expands Employment Options for Burmese F-1 students

• Secretary of Homeland Security Alejandro N. Mayorkas has designated Burma (Myanmar) for Temporary Protected Status (TPS) for 18 months, from May 25, 2021 through November 25, 2022.
• The 180-day registration period for eligible individuals to submit TPS applications will run from May 25, 2021 through November 22, 2021. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
• DHS has also announced that it will suspend certain employment authorization rules for Burmese students in F-1 status who are experiencing severe economic hardship as a direct result of the Burmese crisis.

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United States, May 24, 2021
DHS Announces New Temporary Protected Status Designation for Haiti

• Eligible Haitian nationals currently residing in the United States as of May 21, 2021, will be able to file for Temporary Protected Status (TPS) and related work authorization under a new 18-month designation for Haiti.
• Those who may be eligible to file include Haitian nationals who received TPS under the previous 2010 designation, which was slated for termination by the Trump Administration and which is the subject of ongoing litigation.
• DHS is expected to publish a Federal Register notice announcing the registration period and procedures in the near future.

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European Union, May 24, 2021
EU Blue Card Improvements Forthcoming

The EU Council and European Parliament have reached a provisional agreement on changes to the EU Blue Card Directive that aim to make the permit, which caters to highly skilled local hires, more accessible and more attractive. Key proposed changes include:

• Possibility for lower salary threshold;
• Shorter eligible employment contract duration; and
• More flexible intra-EU mobility rules.

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United States, May 21, 2021
Beginning Next Week, 22,000 Additional H-2B Visas Become Available for FY 2021

• Beginning next week, employers will be able to petition for an additional 22,000 H-2B quota numbers for temporary non-agricultural employment in FY 2021.
• The supplemental H-2B allocation consists of 16,000 visas available to returning workers who have held H-2B status in fiscal years 2018, 2019 or 2020, and 6,000 visas for nationals of El Salvador, Guatemala and Honduras, which are exempt from the returning worker requirement. 
• Petitioners must attest that their business is likely to suffer irreparable harm if they are unable to hire additional H-2B workers.

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Panama, May 21, 2021
Short-Term Remote Work Visa Introduced

• The Panamanian government has introduced a new remote work visa, called the “Short-Term Visa as Remote Worker”. The visa allows foreign nationals who are employed with a company outside Panama or who own a company operating outside of Panama to reside in and work remotely from Panama for up to nine months without requiring an additional work permit.
• Eligible applicants must have a minimum annual income of USD 36,000 from sources outside of Panama, but do not require company sponsorship.
• However, foreign nationals should be aware that the visa does not allow them to work for a local employer in Panama.
• Although the visa has been officially implemented, the government may take a few days to begin processing these applications.

To view entire article, click here.

 

United States, May 21, 2021
U.S.-Canada and U.S.-Mexico Land Border Restrictions Extended Through June 21

• CBP border restrictions permitting only essential travel across the U.S.-Canada and U.S.-Mexico land borders will be extended through June 21, 2021. The restrictions do not affect air travel.
• Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among others.  
• Visa Waiver and other business travelers may face additional scrutiny at the border. 
• “Non-essential travel” at land borders is not permitted, which includes travel that is considered tourism or recreational in nature.

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