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Administrative Agency Developments: May 2021
Practical Law Legal Update w-030-9791 (Approx. 5 pages)
Administrative Agency Developments: May 2021
by Practical Law Labor & Employment
| Published on 01 Jun 2021 • USA (National/Federal) |
This Legal Update reports on select federal administrative agency developments which occurred through May 2021, and which are not covered in our full-length Legal Updates, such as information about agency posters, notices, and agreements with agencies. For federal COVID-19-related developments, see COVID 19: Employment Law and Development Tracker.
Executive Office of the President
- May 7, 2021: The President published Emergency Presidential Determination No. 2021–06 on Refugee Admissions for Fiscal Year 2021.
- May 3, 2021: The President published a Memorandum for the Secretary of State on the Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021.
Department of Homeland Security (DHS)
- May 25, 2021: DHS published a Notice announcing that the Secretary of Homeland Security has suspended certain regulatory requirements for F–1 nonimmigrant students whose country of citizenship is Burma (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Burma.
- May 22, 2021: The Secretary of Homeland Security announced a new 18-month designation of Haiti for Temporary Protected Status (TPS) enabling Haitian nationals (and individuals without nationality who last resided in Haiti) currently residing in the US as of May 21, 2021 to file initial applications for TPS.
- May 21, 2021: DHS announced the publication of a joint temporary Final Rule making available an additional 22,000 H-2B temporary nonagricultural guest worker visas for fiscal year 2021 to employers who are likely to suffer irreparable harm without these additional workers.
- May 7, 2021: DHS announced the Secretary of Homeland Security's ratification of a rule that removes the 30 day employment authorization document processing requirement and acknowledges the importance of issuing timely work authorizations.
US Citizenship and Immigration Services (USCIS)
- May 28, 2021: USCIS announced the update of the guidance in the USCIS Policy Manual to provide clarification regarding certain naturalization applications filed by US armed forces veterans under Section 329 of the Immigration and Nationality Act.
- May 25, 2021: USCIS and DHS published a Notice of Temporary Protected Status (TPS) Designation announcing that the Secretary of Homeland Security is designating Burma for TPS for 18 months, effective May 25, 2021, through November 25, 2022.
- May 25, 2021: USCIS, DHS and DOL published a Temporary Rule making additional visas available under the Fiscal Year 2021 time limited authority and providing portability flexibility by allowing H–2B workers who are already in the US to begin work immediately after an H–2B petition (supported by a valid temporary labor certification) is received by USCIS, and before it is approved.
- May 13, 2021: USCIS announced that it will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. The agency will allow adjudications for those categories to proceed based on biographic information and related background checks, without fingerprints and a photograph. This suspension will apply from May 17, 2021 through May 17, 2023.
- May 11, 2021: USCIS announced that applicants, petitioners, requestors and beneficiaries may call the USCIS Contact Center (800-375-5283) to reschedule biometric services appointments scheduled at a USCIS Application Support Center. Previously, such requests were required to be made in writing.
US Customs and Border Protection (CBP)
- May 18, 2021: CBP announced the Department of Homeland Security's decision to terminate, as of May 14, 2021, arrival restrictions for flights to the US carrying people who have been to or recently traveled from the Republic of Guinea.
Office of Labor-Management Standards (OLMS)
- May 27, 2021: The OLMS issued a notice of proposed rulemaking and request for comments, proposing a withdrawal of the 2020 Form T–1 rule (85 FR 13414 (Mar. 6, 2020)), which established the Form T–1, Trust Annual Report, a form that labor organizations are required to file about certain trusts in which they are interested pursuant to the Labor Management Reporting and Disclosure Act. Comments must be received by July 26, 2021. (86 Fed. Reg. 28505 (May 27, 2021).)
EEOC
- May 26, 2021: The EEOC published a Final Rule adjusting for inflation the civil monetary penalty for violation of the notice posting requirements in Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act. This Final Rule is effective May 26, 2021.
US Department of State (DOS)
- April 30, 2021: DOS published a News Release sharing the current status of its worldwide visa operations.
For additional labor and employment developments, see Labor & Employment: Updates.