Although announced two years earlier, Enforcement and Penalty Guidelines (the Guidelines) were finally released by the US Department of the Treasury (Treasury) as Chair of the Committee on Foreign Investment in the United...more
After years of outreach to USCIS, a major settlement (Shergill, et al. v. Mayorkas, 11/10/21) has forced the agency to update its policy to provide that certain H-4, E, or L-2 dependent spouses will qualify for an automatic...more
As we predicted two months ago in our analysis of the specious arguments underlying the Department of Labor (DOL) and the Department of Homeland Security (DHS) Interim Final Rules (IFRs) published on October 8, 2020, the...more
12/4/2020
/ Administrative Procedure Act ,
Chamber of Commerce ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Workers ,
H-1B ,
Interim Final Rules (IFR) ,
Prevailing Wages ,
Specialty Occupations ,
Summary Judgment ,
Trump Administration ,
Visa Caps
On Thursday, October 8, 2020, the U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) that revised the definition of the term “specialty occupation” and placed additional restrictions on...more
10/12/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Workers ,
Green Cards ,
H-1B ,
Interim Final Rules (IFR) ,
LCA ,
Prevailing Wages ,
Specialty Occupations ,
Trump Administration ,
USCIS ,
Visas
The U.S. Department of the Treasury published a Final Rule (the Rule) on September 15, 2020, revising provisions in the regulations of the Committee on Foreign Investment in the United States (CFIUS) that implement section...more
9/18/2020
/ Annual Assessments ,
CFIUS ,
Critical Infrastructure Sectors ,
Export Controls ,
Final Rules ,
Fines ,
FIRRMA ,
Mandatory Declarations ,
NAICS ,
Regulatory Authority ,
Technology Sector ,
U.S. Treasury
U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies.
U.S. Entry...more
9/17/2020
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Electronic Travel Authorization Program (eTA) ,
ESTA ,
Foreign Nationals ,
Form I-9 ,
Green Cards ,
H-1B ,
LCA ,
Popular ,
Temporary Visa Suspensions ,
US Department of State ,
USCIS ,
Verification Requirements ,
Visa Waiver Program
On August 3, 2020, President Trump signed an executive order (“EO”) entitled “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” Perhaps by design, it signals widespread review of the...more
8/5/2020
/ Corporate Counsel ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Foreign Workers ,
Green Cards ,
H-1B ,
Immigration and Nationality Act ,
LCA ,
OMB ,
Secretary of Labor ,
Subcontractors ,
Trade Adjustment Assistance ,
Trump Administration
U.S. Entry Restrictions-
U.S. citizens and lawful permanent residents (green card holders) and their immediate family members are not subject to the COVID-19 Entry Restrictions (“Entry Restrictions”). The same exemption...more
Citing the overall unemployment rate in the United States, President Trump issued an expanded version of Proclamation 10014, titled “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market...more
U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies.
U.S. Entry...more
On May 29, 2020, President Donald Trump issued a proclamation to block certain Chinese nationals associated with entities in China that implement or support China’s “military-civil fusion strategy”1 from entering the United...more
U.S. Citizenship and Immigration Services (USCIS) announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers, in phases over the...more
The BE-10 Benchmark Survey of U.S. Direct Investment Abroad is a mandatory survey conducted once every five years by the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to obtain current economic data on...more
On April 22, 2020, President Trump signed a proclamation temporarily suspending the immigration of certain immigrants who present a “risk” to the U.S. labor market during the COVID-19 outbreak. In sum and substance, the edict...more
COVID-19 has erased a decade of job growth in less than one month. The pandemic has halted most economic endeavors not only in the United States but throughout most of the world. On a macro level, there is an extraordinary...more
FEMA Seeks All Comers to Supply Government with COVID-19 Supplies
Through its website, the Federal Emergency Management Association (“FEMA”) is encouraging the private sector to step up and support the agency in its...more
On March 20, 2020, U.S. Customs and Border Protection (CBP) confirmed that, due to the severity of the COVID-19 emergency, it will approve on a case-by-case basis requests for extension of payment of estimated duties, taxes...more
U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies...more
For several years, we have witnessed the emergence of a statutory and regulatory framework to tighten controls on the export of emerging and critical technology, as well as the review of inward foreign investment into said...more
1/6/2020
/ Bureau of Industry and Security (BIS) ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
Foreign Corrupt Practices Act (FCPA) ,
ITAR ,
NDAA ,
Securities and Exchange Commission (SEC) ,
U.S. Commerce Department ,
Voluntary Disclosure
In a rule published and effective October 9, 2019, China’s key manufacturers of video surveillance products have been added to the Bureau of Industry and Security (BIS) Entity List by an interagency End-User Review Committee...more
As we stated last month, further restrictions are afoot on the use of Chinese technology in federal acquisitions. An Interim Rule issued by the Department of Defense (DoD), General Services Administration (GSA), and National...more
On May 9, 2019, the Office of the U.S. Trade Representative (USTR) announced an increase in duties pursuant to Section 301(b) of the Trade Act of 1974, as amended (Section 301), from 10% to 25%, on over 5,700 Harmonized...more
E-Verify, the online system used by enrolled employers to verify the identity and employment eligibility of newly hired employees against records available to the Social Security Administration (SSA) and the Department of...more
Week three of the U.S. Government shutdown has begun, and agencies responsible for administering export controls, sanctions, and other trade-related functions have been affected by the lapse in federal appropriations. This...more
On November 19, 2018, the Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (Notice) seeking comments from industry on how to define and identify “emerging technologies” that currently...more