The U.S. Department of Homeland Security (DHS) recently issued its much anticipated Deferred Action for Childhood Arrivals (DACA) policy memorandum titled, “Reconsideration of the June 15, 2012 Memorandum Entitled ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” on July 28 (July DACA Memorandum), which once again resumes DHS’s …
I Lost the H-1B Lottery… Now What?” Four Nonimmigrant Visa Alternatives to Employ for Foreign Professionals
Every year, U.S. employers seeking to employ foreign nationals petition United States Citizenship and Immigration Services (“USCIS”) for work authorization under the H-1B visa program. Employment positions qualify for an H-1B visa when the job requires (1) theoretical and practical application of a body of highly-specialized knowledge and (2) attainment of a bachelor’s or higher …
Special Considerations for Medical Professionals During the COVID-19 Pandemic
The COVID-19 National Emergency has now been effective in the United States for three months. During this time, guidance from federal agencies has been dynamic as the government adapts to the “new normal.” But even as the global health crisis halts nonessential travel and disrupts visa issuance to many foreign nationals, federal agencies have published …
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Top Five Useful FAQs provided by the U.S. Department of Labor in response to the COVID-19 Pandemic
The current public health crisis surrounding COVID-19 has led to a number of uncertainties for foreign nationals and their employers and compliance challenges. To address some of these concerns, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) released three rounds of frequently asked questions (FAQs) responding to questions about COVID-19 and …
Pause in Immigrant Visa Processing Imposed by Presidential Proclamation – Effective April 23 for Sixty Days at Consular Posts
After numerous rumors in the past few days regarding the suspension of immigration to the United States (U.S.), President Trump’s Proclamation (Suspension Proclamation) was finally published on April 22. The Proclamation references the disruption of the economy post COVID-19 as a basis for the Proclamation. The Proclamation does not address the current dichotomy between family-based …
Am I an Essential Traveler Between Canada and the U.S. or Mexico and the U.S.?
On March 24, 2020, the U.S. Department of Homeland Security (DHS) provided formal notices in the Federal Register of an earlier Trump Administration order, which limited travel between Canada and the U.S. as well as Mexico and the U.S. at land ports-of-entry, and ferries service effective March 20, 2020, 11:59 p.m. through April 20, 2020, …
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DHS Announces Remote I-9 Completion and Suspension of Audit Responses due to COVID-19
With all of the dark news surrounding COVID-19, the Department of Homeland Security (DHS) deserves a “thank you” from employers for their logical announcement related to Form I-9 compliance issues on March 20. The main points in the announcement are outlined below: Remote Completion of Section 2 of Form I-9 For completion of Section 2 …
ESTA Cancellation Risks and the Schengen Travel Presidential Proclamation
As a result of the March 11 Presidential Proclamation suspending the entry to the United States (U.S.)[1] of immigrants and nonimmigrants (Proclamation), who have been physically present in the Schengen Area[2] during the 14-day period preceding their attempted entry in an effort to stem the spread of COVID-19, U.S. Customs and Border Protection (CBP) advised …
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It’s a Holly, Jolly . . . Potential Folly?: Travel Tips for U.S. Work Visa Holders During the Holiday Season
’Tis the season for celebrating the holidays! Globally, offices and plants are closing their doors for a couple of days to a few weeks. While most people are finalizing their last-minute shopping and preparing for a (hopefully) fun and relaxing holiday season at home, there are just as many people traveling for the holidays. Foreign …
ESTA-Like Registration Process Spreads to Europe for U.S. Citizens’ Travel in 2021
Several media outlets recently reported on a new pre-registration requirement for U.S. citizens traveling to any of the 26 Schengen-area countries, plus additional participating European countries and microstates (34 total at present), which will become effective on January 1, 2021. The ETIAS registration will also apply to citizens of Australia, Brazil, Canada, Israel, Japan, New …