YOUR TRUSTED GUIDE TO THE AMERICAN DREAM_®

YOUR MONTHLY IMMIGRATION GUIDE

October 2021

Dear Friends and Colleagues:

First of all, I want to wish everyone a very spooky and happy Halloween! It is hard to believe that we are at the end of October. It is the time that we look back at the past year as we reflect on our goals for the coming year. In 2021, our team has more than doubled and we have brought on some of the smartest and most creative team members to serve you better. We will be introducing everyone to the new team soon.

Second, the number of lives we have touched through our immigration practice is astronomical. Our physician clients are serving thousands of US citizens around the country. Families have been reunited. It seems like we celebrate a new victory every day. Every individual matters and we clebrate every victory, however small. We plan for lots more victories in 2022.

Finally, I am so grateful for the trust you continue to put in us and we will continue to strive to do better for you!

With lots of love,

Elizabeth xo

DHS to Allow Fully Vaccinated Travelers from Canada and Mexico to Enter U.S. at Land Borders and Ferry Crossings

On October 12, 2021 Alejandro N. Mayorkas, Secretary of Homeland Security announced that following the guidance from the CDC and other public health experts DHS will allow non-essential travel to the U.S. in November from Mexico and Canada. This applies to travelers who have been fully vaccinated for COVID-19 and have appropriate documentation to enter the United States via land and ferry ports of entry (POEs) across the U.S. border.

Indeed, as Secretary Mayorkas said, "Cross-border travel creates significant economic activity in our border communities and benefits our broader economy. We are pleased to be taking steps to resume regular travel in a safe and sustainable manner.”

As DHS stated, there will be two phases in order to only allow fully vaccinated travelers into the U.S.. Starting in November U.S. Customs and Border Protection (CBP) will begin allowing fully vaccinated travelers from Mexico or Canada to enter the United States at land and ferry POEs for non-essential reasons. Instead, individuals who have not been fully vaccinated for COVID-19 will not be allowed to travel for non-essential purposes from Canada and Mexico into the United States via land and ferry POEs. Subsequently, beginning in early January 2022, DHS will require that all inbound foreign national travelers crossing U.S. land or ferry POEs – whether for essential or non-essential reasons – be fully vaccinated for COVID-19. Therefore, essential travelers will be given ample to get vaccinated and be able to continue to perform their job until then.

For more information, please visit the following website:

Secretary Mayorkas to Allow Fully Vaccinated Travelers from Canada and Mexico to Enter U.S. at Land Borders and Ferry Crossings

H-2B Cap for First Half of FY 2022 Was

Reached by the USCIS

USCIS reached the congressionally mandated cap on H-2B visas for the first half fiscal year 2022. H-2B visas are for temporary non agricultural workers that are willing to work for US companies. Congress has set a cap at 66,000 of visas per fiscal year, having 33,000 for workers who begin their employment during the first half of the fiscal year (Oct 1 - March 31). USCIS will now reject H-2B petitions received after September 30 with a start date before April 1, 2022.

Nevertheless, USCIS continues to accept cap-exempt petitions. The following individuals qualify for cap-exempt petitions:

Current H-2B visa holders that are present in the United States and are extending their stay, changing employers or modifying the terms and conditions of the current employment.
Certain workers performing activities related to fish roe.
Workers in the Commonwealth of Northern Mariana Islands and/or Guam from November 2009 until December 2029.

For more information, please visit the following website:

USCIS Reaches H-2B Cap for First Half of FY 2022

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U.S. International Travel Ban to End; New Entry Requirements

Starting on November 8, non-citizen, non-immigrant air travelers to the United States will be required to be fully vaccinated and to provide proof of vaccination status prior to boarding an airplane to fly to the U.S. These travelers will need to be vaccinated with FDA approved vaccines or World Health Organization (WHO) emergency-use vaccines.

Furthermore, on October 25, the Biden Administration released documents to successfully implement the requirements for essential and non-essential travelers to the U.S. from nations that were subject to the travel ban. The three documents that the Administration released are the following:

Presidential Proclamation to Advance the Safe Resumption of Global Travel During the COVID-19 Pandemic;
three Centers for Disease Control and Prevention (CDC) Orders on vaccination, testing, and contact tracing; and
technical instructions to provide implementation details to the airlines and their passengers.

Currently, all travelers are required to produce a negative viral test result within three days of travel to the United States. Starting on November 8, American citizens who can show they are fully vaccinated have to produce a negative test result within three days of travel. For anyone traveling to the United States who cannot demonstrate proof of full vaccination, they will have to produce documentation of a negative test within one day of departure. Both nucleic acid amplification tests (NAATs), such as a PCR test, and antigen tests are valid.

For more information regarding the exceptions as well as requirements for children, please visit the following website:

Fact Sheet: Biden Administration Releases Additional Detail for Implementing a Safer, More Stringent International Air Travel System

DV Lottery Registration Open Until November 9

Registration for the FY 2023 Diversity Visa Lottery (DV) opened on October 6, 2021. Every year, since 1990, the DV program grants more than 50,000 green cards randomly to internationals around the world. To qualify, you need to be a citizen of a country that has sent less than 50,000 immigrants to the United States over the past five years. This year's registration closes on Tuesday, Nov. 9 at noon.

The winners are chosen randomly by a computer, which allocates a certain number of visas to each region of the world. You can check the status of your application starting on May 8, 2022 using the Entrant Status Check link.

To enter in the visa lottery and read more about the program, please visit the following website:

Start Your Registration: Electronic Diversity Visa Program

Biden Administration Makes Second Attempt to

End "Remain in Mexico" Policy

On Friday, the Biden administration announced its second attempt to terminate the border policy that forces asylum seekers to stay in Mexico until their U.S. immigration court date. The Administration is making this second attempt as earlier this week a Texas federal judge's order reinstated the policy, also known as "Remain in Mexico" policy, or the "Migrant Protection Protocols" (MPP). The "Remain in Mexico" policy was initially implemented by former President Donald Trump in 2019.

Homeland Security Secretary, Alexandro Mayorkas, has also expressed his intentions to end the "Remain in Mexico" policy if the order is lifted. Indeed, under the current administration, such policy is not welcomed as it "fails to provide the fair process and humanitarian protections that all persons deserve," as Secretary Mayorkas stated.

President Biden suspended the "Remain in Mexico" policy on his first day in office. In April, the State of Texas and Missouri have sued the Biden Administration over ending the policy. In August, a federal judge for the Northern District of Texas sided with the states and ordered the administration to reinstate the policy pending the outcome of the lawsuit. The Supreme Court also declined the Biden administration's request to block the judge's order in August.

For more information, please visit the following website:

DHS to Publish Notice of Proposed Rulemaking on DACA