Biden Administration Has Withdrawn Trump-Era Move to Rescind Work Authorization for H-4 Spouses

The Biden administration has withdrawn a Trump-era regulation that would have rescinded work authorization for H-4 visa holders. On January 25, 2021, the Office of Information and Regulatory Affairs (OIRA), which is under the Office of Management and Budget (OMB), withdrew the proposed regulation titled, "Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization.” Although the Trump administration had announced they would seek to remove the H-4 work authorization, they were not able to complete the process. Since according to a 2018 report by Congressional Research Service (CRS), ninety-three per cent of approved applications for H-4 employment authorization were issued to Indian nationals, this move especially welcomed by the Indian immigrant community.

President Biden Reinforces the UK and European Travel Restrictions (and Adds South Africa)

On January 25, 2021, President Joseph Biden issued a proclamation to reinstate the Brazil, United Kingdom, Ireland, and Schengen Area travel restrictions that were set to be rescinded on January 26, 2021. Additionally, President Biden added South Africa as a country from which travel to the US is restricted because of the COVID-19 variant in that country, while Iran (Proclamation 9992) and China (Proclamation 9984) remain from previous proclamations.

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The Hill We Climb

At President Biden’s inauguration this week, there were many joy-filled moments. One that stood out was poet Amanda Gorman’s inaugural poem, “The Hill We Climb.” At twenty-two, Gorman is the youngest inaugural poet ever in the United States and she is the current National Youth Poet Laureate. Gorman told the New York Times that her inaugural poem both tried to acknowledge the last few harrowing weeks (and years) but also speak to the themes of unity and reconciliation. She told the New York Times: “There is space for grief and horror and hope and unity, and I also hope that there is a breath for joy in the poem, because I do think we have a lot to celebrate at this inauguration.” As she says in the poem:

If we merge mercy with might, and might with right,
then love becomes our legacy and change our
children’s birthright…
For there is always light, if only we’re brave enough to see it.
If only we’re brave enough to be it.

President Biden Signs "Proclamation on Ending Discriminatory Bans on Entry to The United States" to Revoke Trump's Muslim Travel Ban

On Wednesday, January 20, 2021, his first day in office, President Biden signed a “Proclamation on Ending Discriminatory Bans on Entry to The United States” to revoke what has been commonly referred to as the Muslim travel ban, which restricted entry into the United States from primarily Muslim and African countries. Former President Trump had faced numerous legal challenges in enacting his Muslim travel ban but the third version of the ban was upheld by the Supreme court in June 2018.

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USCIS Will Replace Sticker That Extends Validity of Green Cards in January 2021

Beginning in January 2021, US Citizenship & Immigration Services (USCIS) will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC, and also called a “Green Card”), with a revised Form I-797, Notice of Action for Form I-90, Application to Replace Permanent Resident Card. USCIS states that the revised I-797 receipt notice, along with an applicant’s Green Card, will serve as temporary evidence of lawful permanent resident status for twelve months from the expiration date on front of the Green Card. USCIS notes:

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Removal of Certain Country Related Travel Restrictions and Requirement to Show Negative COVID-19 Test for All International Air Passengers Effective January 26, 2021

The Centers for Disease Control and Prevention (CDC) issued an order last week, effective January 26, 2021, requiring proof of a negative COVID-19 test or documentation of having recovered from COVID-19 for all international air passengers arriving from a foreign country to the US. Under this order, nearly all travelers aged two or older including US citizens must show a negative viral test within three days of departure or documentation of recovery from COVID-19. The CDC will consider waivers of testing requirements for passengers coming from countries with little or no testing capacity, including certain places in the Caribbean.

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DHS Publishes Final Rule to Eliminate H-1B Visa Lottery and Adjudicate H-1B Petitions Based on Highest Salary

US Citizenship & Immigration Services (USCIS) announced the publication of a final rule this week that will “modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.” This final rule will end the H-1B visa lottery and instead allow USCIS to adjudicate H-1B petitions based on registrations starting with the highest salary level and going down, as Stuart Anderson explains in Forbes.

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