As employers continue to try to find ways for essential nonimmigrants and their dependents to be issued H-1B, H-2B, L-1, and J-1 (intern, trainee, teacher, camp counselor, au pair, or summer work travel program) visas subject to Presidential Proclamation 10052 (Proclamation 10052), on August 12, the State Department updated its list of examples (August 12 …
DHS Restricts DACA Scope and Benefits While Reconsidering Program Post Scotus Decision
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 …
USMCA Implemented: What North American Companies Need to Know on Immigration
On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) entered into force and replaced the North American Free Trade Agreement (NAFTA) that governed continental trade for more than two and a half decades. While the new agreement includes key upgrades in areas such as digital trade and intellectual property to reflect the 21st Century economy, …
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USCIS COVID-19 Response: An Overview of the Resumption of In-Person Services
On March 18, 2020, United States Citizenship and Immigration Services (“USCIS”) temporarily suspended in-person services at their field offices, asylum offices and application support centers (ASCs) in response to the coronavirus (COVID-19). USCIS, however, continued to accept petitions, applications and requests while the offices were closed, and continued to perform all work not requiring in-person …
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The DACA Decision – Supreme Court’s Ruling Provides Temporary Uncertain Relief
The Trump administration has already announced its goal to end the Deferred Action for Childhood Arrivals (DACA) policy commenced on June 15, 2012 by President Obama within the next six months post the decision of the U.S. Supreme Court on June 18 finding that the decision of the Department of Homeland Security (DHS) to end …
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Nonimmigrant and Immigrant Visa Processing Halted by Presidential Proclamation – Effective June 24 for Certain Nonimmigrants
After numerous rumors in the past few days regarding the suspension of immigration to the United States (U.S.), President Trump’s Proclamation was finally published on June 22 (June Visa Processing Proclamation or JVPP) after numerous discussions regarding its scope. Please refer to my prior summary on the April 22, 2020 Proclamation 10014 as to the …
Premium Processing Resumes This Month for Desperate Employers and Their Employees
On March 20th, US Citizenship and Immigration Services (“USCIS”) announced the temporary suspension of premium processing for all Form I-129 and I-140 petitions, ostensibly due to the effects of the COVID-19 pandemic. Although the Administration’s true motives are often difficult to assess, on its face, the announcement was not all that different than we have …
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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 …