November 2021 Visa Bulletin Signals Severe Retrogression for Indian EB-3 Visas

Each month, the U.S. Department of State’s Visa Office (V.O.) compiles an update to the “waiting list” for immigrants from countries subject to the quota system under the Immigration and Nationality Act.

The total number of documentarily complete applicants reported to V.O. are compared each month with the numbers available for the next regular allotment of visas that may be issued.  Numbers are then allocated to reported applicants in order of their priority dates, with the oldest dates processed first.

If there are enough visa numbers available in a particular category to satisfy the demand of documentarily complete applicants, the category is considered “current.”  For example, if the Employment First preference monthly target is 5,000 and there are only 3,000 applicants, the category is “current.”

However, when the total number of documentarily complete applicants in a visa category exceeds the available supply of visa numbers allotted for the upcoming month, the category is considered “oversubscribed,” and a visa availability final action date is established.  This results in visa “retrogression,” which refers to situations when there are more visa applicants for a certain category or country than there are available visas for that month. Continue reading “November 2021 Visa Bulletin Signals Severe Retrogression for Indian EB-3 Visas”

DHS Releases Worksite Enforcement Strategy to Protect the American Labor Market, the Dignity of Workers, and Worksite Conditions

On October 12, 2021, the U.S. Department of Homeland Security directed ICE, CBP, and USCIS to take actions to promote a fair labor market by supporting more effective enforcement of wage protections, workplace safety, labor rights, and other employment laws and standards.

“The Department of Homeland Security has a critical role to ensure our Nation’s workplaces comply with our laws,” said U.S. Department of Homeland Security Secretary Alejandro Mayorkas.  “We will not tolerate unscrupulous employers who exploit unauthorized workers, conduct illegal activities, or impose unsafe working conditions.  Employers engaged in illegal acts compel the focus of our enforcement resources.  By adopting policies that focus on the most unscrupulous employers, we will protect workers as well as legitimate American businesses.”

In accordance with a memorandum issued by Secretary Mayorkas on October 12, ICE, CBP, and USCIS will develop and update policies to enhance DHS’s enforcement of employment and labor standards.  The agencies must also develop strategies for prioritizing workplace enforcement against unscrupulous employers and, through the exercise of prosecutorial discretion, facilitate the participation of vulnerable workers in labor standards investigations.  Employers who shirk employment regulations not only harm workers, they also unfairly drive down business costs and disadvantage their business competitors who abide by the law. Continue reading “DHS Releases Worksite Enforcement Strategy to Protect the American Labor Market, the Dignity of Workers, and Worksite Conditions”

Reuters: U.S. to lift Canada, Mexico land border restrictions in Nov for vaccinated visitors

WASHINGTON, Oct 12 (Reuters) – The United States will lift restrictions at its land borders with Canada and Mexico for fully vaccinated foreign nationals in early November, ending historic curbs on non-essential travelers in place since March 2020 to address the COVID-19 pandemic.

U.S. Homeland Security Secretary Alejandro Mayorkas said in a statement the administration next month “will begin allowing travelers from Mexico and Canada who are fully vaccinated for COVID-19 to enter the United States for non-essential purposes, including to visit friends and family or for tourism, via land and ferry border crossings.”

The new rules are similar but not identical to planned requirements announced last month for international air travelers, U.S. officials said in a call earlier with reporters.

Continue reading “Reuters: U.S. to lift Canada, Mexico land border restrictions in Nov for vaccinated visitors”