June 23, 2020
Presidential Proclamation Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad
On June 22, 2020, President Trump issued a proclamation (“Proclamation”) suspending and limiting the entry of individuals into the United States in the following employment-based nonimmigrant visa categories:
- H-1B or H-2B visas, and their H-4 family derivatives;
- J-1 visas, and their J-2 family derivatives; and
- L-1 visas, and their L-2 family derivatives.
April 23, 2020
President Trump Signs Executive Order to “Temporarily Suspend Immigration into the United States”
On April 20, 2020, President Trump tweeted, “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!” The vague tweet triggered many questions and concerns as to the scope of the immigration suspension and the impact it would have on many foreign nationals and their respective U.S. employers.
April 8, 2020
USCIS Completes the Initial Selection Process
On April 1, 2020, U.S. Citizenship and Immigration Services (‘USCIS”) announced that the initial selection of H-1B cap-subject registrations for fiscal year (“FY”) 2021 was completed. Petitioners who electronically registered beneficiaries in the H-1B registration process and were selected through the random selection process may file their H-1B cap petition within the period indicated on the relevant registration selection notice. The filing period for the H-1B cap-subject petition will be at least 90 days. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2021 H-1B cap-subject petition.
March 24, 2020
Department of State Suspends Routine Visa Services
On March 20, 2020, in response to significant worldwide challenges related to the novel coronavirus (“COVID-19”) pandemic, the Department of State announced that routine visa services will be temporarily suspended at all U.S. embassies and consulates. Further, embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments. Please note that services will continue to be available to U.S. citizens, and applicants with an urgent matter and need to travel immediately should follow the guidance provided at the embassy’s website to request an emergency appointment. For more information, please visit the embassy website that applies to you.
March 19, 2020
Overview of changes in the case of international coronavirus epidemic
The coronavirus outbreak (hereinafter referred to as “COVID-19”) served as a trigger for a targeted effort to assess and manage the possible effects of COVID-19.
For example, among the most significant measures caused by the threat of COVID-19 proliferation in Russia, the following can be identified:
ILN Today Post
March 16, 2020
With the coronavirus (COVID-19) declared a pandemic by the World Health Organization, federal, state, and local governments around the world are implementing travel bans and quarantine restrictions swiftly and without much warning. As employers implement work from home measures and limited travel policies, it is important to consider their impact on foreign nationals with employer-sponsored work visa status. Read more…
ILN Today Post
January 22, 2020
The intersection of immigration, anti-discrimination, and U.S. export control laws can be confusing for employers. But recent settlement agreements between the U.S. Department of Justice (“DOJ”), and multinational corporations and large international law firms demonstrate that the DOJ will not tolerate employers discriminating against non-U.S. persons. This article will provide an overview of the intersection, and friction between, U.S. immigration, anti-discrimination, and export control laws and regulations. Read more…
ILN Today Post
January 3, 2018
The Immigration and Nationality Act permits certain nonimmigrants to work in specialty occupations temporarily on H-1B visas. To support an H-1B visa application, a U.S. employer must file a Labor Condition Application. The regulations at 20 C.F.R. § 655.731 contain detailed requirements concerning the wages to be paid to H-1B nonimmigrants, and 20 C.F.R. § 655.731(c) particularly focuses on circumstances where an employer is required to pay H-1B employees even where they are in a nonproductive status. If an H-1B employee is in nonproductive status due to a decision by the employer, the employer is required to pay the employee’s salary. 20 C.F.R. § 655.73l(c)(7)(i).
ILN Today Post
October 26, 2017
Assured Shorthold Tenancies (ASTs) are the most common kind of private residential tenancy in the UK currently, which means that almost any investor or funder in the UK residential property market will deal with them. The past few years have seen new legislation that introduced new and more onerous obligations on landlords of ASTs. This article does not seek to give a comprehensive overview of the rights and obligations attaching to ASTs, but seeks to outline two main changes to landlords’ obligations in the newer legislative framework; to highlight the potential dangers to the unwary investor or funder arising out of these; and suggest methods of mitigating risk.
September 25, 2017
On September 13, 2017, California legislators passed California Bill AB 450, also known as the Immigrant Worker Protection Act (“the Act”). The Act is one of three immigration bills currently awaiting Governor Jerry Brown’s approval or veto.
The Act imposes specific restrictions on employers in instances where U.S. Immigration and Customs Enforcement (“ICE”) agents seek access to their workplaces for immigration enforcement. Specifically, the Act prohibits employers from (1) voluntarily consenting to allow an ICE agent to enter nonpublic areas of the workplace absent a judicial warrant; and (2) voluntarily consenting to allow an ICE agent to access, review, or obtain employee records, absent a subpoena or a court order.