On June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it will be accepting resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed by the service on the basis that the requested start date was after Oct. 1, 2020.
Read moreKehinde Wiley at Moynihan Train Hall
As commuters and sightseers stream into the Moynihan Train Hall at Penn Station via the W33rd street entrance, they are bathed in colored light. If they look up, they’ll see the reason: a gorgeous glass triptych by Kehinde Wiley, the artist famous for painting Barack Obama’s official presidential portrait, set into the ceiling. At first glance, the design is similar to the religious imagery that adorns the ceilings of churches and government buildings throughout the US and Europe – angels lounging in the clouds, looking down at the people moving below. But a second look reveals that the angels in Wiley’s work, titled “Go,” look very different from those that grace European frescoes. These angels are young, Black New Yorkers dressed in modern fashions. And they’re not lounging – these angels are breakdancing across the clouds. The work is joyful and dynamic, celebrating the Black people who have shaped and will continue to shape this city. This colorful piece is a perfect welcome to the city for travelers arriving in New York. At any rate, it is certainly an improvement over the current iteration of Penn Station.
COVID-19 Recovery Depends on Immigration
Doors for Doris
Doors for Doris, a three-part sculpture in the southeast corner of Central Park, honors the late Doris Freedman, a leader in the field of public art in New York City and founder of the Public Art Fund. Brooklyn-based artist Sam Moyer built these structures with a combination of imported marble and locally-quarried stone. The various stones in the work come from New York City stone yards and construction projects, so each piece bears the marks of its originally intended use as a part of a building. In a city with an eminently recognizable skyline, the buildings are an intrinsic part of the city itself, so even the stones which did not originate here are deeply connected to New York. The composition of the stones reminds us of ancient monuments like Stonehenge, giving the work a sense of history and gravitas that seems fitting in this shady corner of the park. It also makes the sculpture feel a little bit magical, as though you could step through one of those stone doorways, “pivoted ajar to evoke the dynamism of the bustling city,” and find yourself transported somewhere unexpected.
Federal Offices Closed Friday, June 18, in Celebration of Juneteenth
In observance of Juneteenth, a new federal holiday established by Congress and signed into law by President Biden today, all federal offices including US Citizenship & Immigration Services (USCIS) offices will be closed on Friday, June 18, 2021.
A Very Happy Hour
We were all smiles this week when we ventured out of the office for happy hour at Hole in the Wall, a cozy restaurant in the Flatiron District serving up delicious Australian food. We’ve all been working behind masks and over email, so it was a novel experience to see each other’s faces. As vaccination rates go up, the city is re-opening and beginning to look more familiar. Restaurants and bars are open for business, in-person events are being announced and planned, and live theatre will be back soon. After a tough year, happy hour was truly happy! Cheers!!
US Citizens Abroad May Return to the US on Expired Passports through December 31, 2021
In an effort to alleviate travel related difficulties and the lengthy appointment backlogs created by the global COVID-19 pandemic at US Embassies and Consulates worldwide, the State Department in conjunction with the Department of Homeland Security announced that “U.S. citizens currently overseas whose passports expired on or after January 1, 2020, may be able to use their expired U.S. passport for direct return travel to the United States until December 31, 2021.” The State Department’s new exception for expired passports applies to adults, whose documents are valid for 10 years, and to children, whose passports expire after 5 years.
Read moreMemorial Day 2021
With the unofficial start of summer right around the corner, we are treasuring our times outdoors, including at Kew Gardens in London. Just thirty minutes from Central London, Kew Gardens is a UNESCO World Heritage site with over 50,000 living plants. From the Arboretum to an Alpine rock garden, there's something for everyone. It’s the perfect place to be in nature and plan for the summer ahead, reflect on the challenges of the past year, and commemorate the Memorial Day holiday (US) or just the joy of having another Bank Holiday in May (UK). We wish you and yours a safe holiday weekend, as well as some free time to take a walk outside and breathe in the changing season. And, for those of you in the eastern United States, watch out for the cicadas. They are coming for us all.
AILA files Lawsuit Challenging H-1B Wage-Based Selection Process
On Monday, May 17, 2021 under the representation of the American Immigration Lawyers Association (AILA), five nonprofit organizations and businesses filed a lawsuit against President Joe Biden’s administration challenging the move from an H-1B lottery system to a wage-based selection process.
The suit addresses the implementation of a Trump administration regulation that replaced the H-1B random, computerized H-1B lottery with a system that allocates H-1B visa numbers according to the Department of Labor’s four-level wage system. The final rule which was made effective as of March 9, 2021, and later delayed by the Biden administration to December 31, 2021, gives priority in the H-1B selection process to foreign nationals whose offered salary falls within the highest level of their occupation, continuing on to select cases in descending order from OES wage levels III, II and I.
Read moreDHS Announces Continuation of International Entrepreneur Parole Program
The Department of Homeland Security (DHS) announced on May 10, 2021 that they are withdrawing a Trump-era 2018 notice of proposed rulemaking that would have removed the International Entrepreneur (IE) Parole Program from DHS regulations. This move by the DHS is yet another pro-immigration decision resulting from President Biden’s Executive Order 14012, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” which directs the federal government to “develop welcoming strategies that promote integration, inclusion, and citizenship.”
The International Entrepreneur Parole Program (IE), created by the Obama administration in 2017 and suspended by the Trump administration just before the first eligible entrepreneurs could begin to submit applications, is meant help International entrepreneurs stay in the US to start and grow new companies. While the Trump administration tried to terminate the program, a federal court required US Citizenship & Immigration Services (USCIS) in 2017 to begin accepting international entrepreneur parole applications consistent with the IE final rule. Since that time, USCIS has been accepting and adjudicating applications consistent with existing DHS regulations.
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