ESTA

News & Analysis as of

Considerations for Foreign Travelers to the U.S. Under the New Administration

Travel to the United States, with its new immigration enforcement-minded administration, will require foreign travelers to be even more aware of the rules governing border protection, and take advantage of the travel programs...more

President Trump Signs New Executive Order on Immigration Policy

On March 6, 2017, President Donald Trump released a revised executive order entitled Protecting the Nation from Foreign Terrorist Entry into the United States (the “Order”) following legal challenges to the preceding order...more

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the...

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

Enjoy Your Visit to Our Country (and Give Us Your Twitter Handle)

At the end of 2016, the U.S. Customs Border Protection (CBP) implemented a rule to include questions concerning social media accounts of travelers to the United States during the Visa Waiver Program screening process (VWP)....more

High-Skilled Foreign Workers: Summary of Rule Changes Effective January 17, 2017

Starting January 17, 2017, the long-awaited regulations for high-skilled workers incorporating provisions of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and...more

Electronic System for Travel Authorizations (ESTAs)

The Electronic System for Travel Authorization (ESTA) is a system used to determine the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP), and whether such travel poses any law...more

U.S. Business Visitors Using the Visa Waiver Program May Soon Be Asked for Social Media Information

The federal government has proposed a new rule requiring that applicants for the Visa Waiver Program (VWP)—which allows citizens of certain countries to enter the United States without visas—be asked to voluntarily disclose...more

We’re Married! Let’s Move to the U.S.! – Bringing Your Foreign-Citizen Spouse Into the U.S. (July 2020)

It may be surprising, but moving to the U.S. with your foreign-citizen spouse is not as simple as you might imagine. If you are a U.S. citizen working abroad and considering moving back to the U.S. with your foreign-citizen...more

Visa Waiver Program Participants Are Required to Have an e-Passport to Travel to the U.S.

Last August, the Department of Homeland Security (DHS) Customs and Border Protection (CBP) announced that travelers participating in the Visa Waiver Program to travel to the United States would be required to have an...more

Canada Implements Pre-Flight Electronic Travel Authorization, Counterpart to United States ESTA Program

Effective September 29, 2016, traveling to Canada as a visa-exempt visitor will require a pre-flight clearance through the newly implemented electronic Travel Authorization (“eTA”) program. History - The eTA system...more

Earned Sick Time Act Amendments Affect New York City Employers

Amendments to New York City's Earned Sick Time Act (ESTA) became effective on March 4, 2016. ESTA, originally adopted in June 2013, requires employers in New York City with five or more employees to provide eligible employees...more

New Law Impacts Certain Foreign Nationals Traveling To The United States As Visitors Under The Visa Waiver Program

In January 2016, the United States implemented changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). Previously, certain foreign nationals could travel to the United States...more

Just When Employers Got Used to Earned Sick Time Act, NYC Publishes Final Amended Sick Time Rules With Additional Requirements

That’s right. Just when many employers started getting used to New York City’s Earned Sick Time Act (“ESTA”), New York City went ahead and adopted the final amended Earned Sick Time Act Rules (“Final Amended ESTA Rules”). The...more

H-1B Cap Season, Denial of STEM OPT Rule, Amendments to Visa Waiver Program, March Visa Bulletin

A foreign national qualifies for H-1B status if he/she holds at least a U.S. Bachelor's Degree (or equivalent) relevant to the field in which he/she will be working, and the position normally requires at least a Bachelor's...more

Libya, Somalia, and Yemen Added to the Visa Waiver Program Travel Restrictions List

Last month, the U.S. Department of Homeland Security (DHS) began implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. In addition to making several important changes to the Visa...more

Visa Waiver Changes – Answers to your ESTA-cancellation Questions

UPDATE: CBP has announced that Libya, Somalia, and Yemen are now included with Iran, Iraq, Sudan and Syria as countries of concern, so that individuals who have traveled to these countries since March 1, 2011 are not eligible...more

Immigration Update: H-1B Cap Season and a Cautionary Fairy Tale; Changing ESTA/VWP Questions Answered; Improvements to E-3, H-1B1,...

H-1B Cap season is approaching, and, with a similar flurry to file petitions for eligible specialized knowledge workers expected for April 1 as we experienced in 2015, H-1B employers should carefully consider the obligations...more

Changes to the Visa Waiver Program Enacted

On December 18, 2015, Congress enacted HR 158 “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015” (“the Act”), which changed Visa Waiver Program (“VWP”) traveler eligibility requirements for a...more

If Pain, Yes Gain -- Part XVI: Winter 2016 Brings Flurry of Paid Sick Leave Activity

One area of employment law that certainly isn’t hibernating this winter is mandatory paid sick leave. Since the start of 2016, mandatory paid sick leave developments have occurred from coast to coast and include: (1) an...more

Update to New U.S. Visa Waiver Program Changes

Further details have emerged regarding new U.S. rules restricting use of the Visa Waiver Program (VWP) for dual nationals of Iran, Iraq, Syria and Sudan, as well as individuals who have traveled to these countries within the...more

Home Care Professionals Series Part 1 – NYS Domestic Workers' Bill of Rights

As most home care agencies know, the United States Department of Labor ("USDOL") eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to...more

Travel to the United States in 2016: The Year of Fear – Restrictions on the Visa Waiver Program (VWP) ESTA

On January 21, 2016, the United States began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Nationals of Visa Waiver Program countries who have traveled to...more

The Visa Waiver Program – Know Before You Go

Almost everyone who enters the U.S. for business visits must either (a) have a B-1 visa (which may include a B1/B2 visa) or (b) be eligible to enter without a visa under the Visa Waiver Program. If you have a...more

New Limitations on Visa-Less Travel to the U.S.

The U.S. Department of Homeland Security (DHS) and the Department of State on Jan. 21, 2016, commenced implementation of changes to the Visa Waiver Program (VWP) pursuant to the Visa Waiver Program Improvement and Terrorist...more

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Cybersecurity

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