In an effort “to attract global talent to strengthen our economy and technological competitiveness, and benefit working people and communities all across the country”, the Department of Homeland Security (“DHS”) has significantly revised and broadened its policy affecting F-1 students who have earned a qualifying US degree in the fields of science, technology, engineering, and mathematics (“STEM”).
Read moreEnsconced in Limestone Caves, Naturalization Applications Backlogged
Since 1944, The United States Citizenship and Immigration Service (“USCIS”) has created Administrative Files or “A-files” containing all records of any active immigration case pertaining to foreign nationals not yet naturalized to become US citizens. Without an A-file created during the immigration and inspection process an individual cannot be granted permanent residency or citizenship. These files are housed in storage facilities known as Federal Records Centers (“FRCs”) which are located underground beneath the administration of the National Archives and Records Administration (“NARA”). FRCs are made up of “miles-long networks of man-made limestone caves built beneath the Kansas City metro area” and due to the COVID-19 pandemic, FRCs have been either temporarily closed or operating under limited capacity to ensure the safety of workers. In fact, The Wall Street Journal reported that NARA said in a statement that it has kept staff levels at 25% at its Kansas City facility because it is “an area of high transmission.”
Read moreHere We Are a Year Later
Proof of COVID-19 Vaccination Required for All Foreign Travelers at US Land Borders
Effective January 22, 2022, U.S. Customs and Border Protection (“CBP”) will require non-US citizens traveling across the land border for both essential and non-essential reasons to be fully vaccinated. The recent announcement confirms, “[t]hese new restrictions will apply to non-U.S. individuals who are traveling for both essential and non-essential reasons. They will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.”
All foreign national travelers, whether traveling for non-essential or essential reasons, must attest to their vaccination status and to present proof of vaccination to CBP officers upon request. To be considered fully vaccinated, fourteen days must have passed since the traveler’s final shot of their vaccine. CBP follows the Centers for Disease Control and Prevention’s (“CDC”) protocols regarding acceptable “proof of vaccination, including which vaccines are permissible.”
Pre-arrival COVID-19 testing is not required for entry via a land port of entry or ferry terminal.
Passage in the Garment District
A new art installation is lighting up the Garment District! The interactive piece, called “Passage,” consists of twenty glowing rings that react with swirling color and sound as people pass through them. The artist, Serge Maheu, has a background in engineering, and is adept at creating artworks that use his technical skills in creative ways. This work was conceived as a meditation on the idea of transition and change, drawing on ideas of “passage in reference to the enigmatic moment between life and death.” Sponsored by the Québec Government Office in New York, the installation will only be in place for a few weeks, but in that time, it will bring color and fun to the chilly nights in midtown.
The Recent Drop in Immigration Directly Contributed to the Current Labor Shortage
The Great Debate by Hebru Brantley
The Battery, at the southern tip of Manhattan, is home to a new larger-than-life sculpture. The piece, titled “The Great Debate,” is part of artist Hebru Brantley’s Flyboy series. The artist is known for creating narrative-driven art, often featuring his signature character, Flyboy. Described as “an exploration of what a superhero character of color would look like,” Flyboy can be found in comics, on murals, t-shirts, skateboards, and stickers, as well as in more traditional paint-on-canvas artworks. The 16-foot-tall statue in The Battery “features Flyboy in a stance that represents confident optimism.” The artist, Brantley, suggests, “My hope is that The Great Debate at The Battery will serve as a consistent reminder to hold your head high, stand firm in what you believe in, and keep pushing forward with confidence.”
The Times Square Ball Drop was Created by an Immigrant
USCIS Extends Flexibility for Responding to Agency Requests
In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (“USCIS”) is once again extending the flexibilities it originally announced on March 30, 2020. USCIS’ 60-day deadline extension policy for responses to various agency actions has been extended to March 26, 2022, to assist applicants, petitioners, and requestors who are responding to:
Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers;
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
H-1B Salary Based Selection Process Final Rule is Officially Withdrawn
United States Citizenship and Immigration Services (“USCIS”) has announced that the January 2021 final rule modifying the H-1B selection process has officially been withdrawn by The Department of Homeland Security (“DHS”). This rule would have eliminated the random selection process known as the H-1B visa lottery, and replaced it with a process prioritizing those foreign nationals who are offered the highest salaries relative to their occupation and geographic area according to the Department of Labor’s (“DOL”) prevailing wage system.
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