Foreign Nationals

News & Analysis as of

New Jersey Man Prosecuted for Funneling Campaign Contributions from Foreign Source

Much of the U.S. media overlooked a Bill of Information filed in United States District Court in New Jersey on June 29. The information charged Bilal Shehu, an Albanian immigrant, with unlawfully funneling $80,000 from a...more

New Electronic Visa Update System (“EVUS”) required by U.S.A. for B-1/B-2 & B-2 Chinese Nationals after November, 2016 | Industry...

Effective November, 2016, Chinese nationals, including nationals from People’s Republic of China, Taiwan, Hong Kong and Macau will be required to use an on-line enrollment system, referred to as EVUS to update biographic...more

Special Professional Visas for Mexico and Canadian Citizens

The North American Free Trade Association (NAFTA) created a new class of work visa that is available only to citizens from Canada and Mexico. It allows citizens (not permanent residents) to apply for a renewable visa to work...more

Potential Issues for Employers After Brexit (With No Clear Answers Yet)

The voters in Great Britain caught the world off guard by voting to leave the European Union (EU) after over 40 years of membership. However, after the vote, the questions immediately started. Leaving the EU is governed by a...more

August Visa Bulletin: New EB-1 Cutoff for India/ China & EB-2 Cutoff for All Other

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other”...more

More Clarity on Expatriate Health Plans and the ACA

Expatriate health plans have been surprisingly difficult to reconcile with the Affordable Care Act (ACA). Proposed regulations set to take effect in 2017 provide some useful guidance to U.S. employers that sponsor expatriate...more

DOJ to Increase Fines for Immigration-Related Violations

Seyfarth Synopsis: New regulations will increase fines on U.S. employers for unlawfully employing foreign nationals and engaging in unfair employment practices related to immigration. In the wake of the Bipartisan...more

Brexit and Potential Impact on European Workforce

Seyfarth Synopsis: Employers should assess the potential impact on their workforce throughout the European Union. The following alert is directed to organizations with a presence in the UK or who anticipate the need to...more

Brexit: Immigration consequences to the UK leaving the EU?

The United Kingdom (England, Scotland, Wales, and Northern Island) went to the polls June 23rd and voted to leave the European Union. Some pro-leave “Brexit” campaigners argued for the ability to limit migration of EU workers...more

U.S. Citizenship and Immigration Services (USCIS) publishes extension of Temporary Protected Status for eligible nationals of...

On May 16, 2016, U.S. Citizenship and Immigration Services (USCIS) published an extension of Temporary Protected Status (TPS) for eligible nationals of Honduras and those without nationality who last habitually resided in...more

U.S. Citizenship and Immigration Services publishes an extension of Temporary Protected Status

On May 16, 2016, U.S. Citizenship and Immigration Services (USCIS) published an extension of Temporary Protected Status (TPS) for eligible nationals of Nicaragua and those without nationality who last habitually resided in...more

Overcoming Past Indiscretions — Getting Into Canada

As many of you probably have in these past few weeks, I’ve been enjoying the NBA playoffs. Perhaps not as many of you have been wondering what I have been contemplating: how is it that NBA players with criminal pasts are...more

Foreign Entrepreneurs Series | Part 1: Putting the Start-Up Cart before the Visa Horse / Nonimmigrant Visas

Navigating the legal landscape when starting a business can be tricky, and this is especially true when doing so in a country foreign to your own. In this post and others to follow, we will discuss some of the issues faced by...more

Second Circuit To Determine Whether Artful Pleading Can Extend FCPA Jurisdiction

Prosecutors in the District of Connecticut have appealed a district court’s ruling that conspiracy and aiding and abetting charges cannot be used to extend the FCPA’s jurisdictional reach. The FCPA has three...more

DHS Extends STEM Optional Practical Training to 24 Months

Foreign nationals who wish to pursue an advanced degree in the United States obtain an F-1 student visa to do so. After F-1 students obtain their degrees, they may be authorized to participate in post-completion optional...more

Emergency H-2B Processing Available For Another Month

The Department of Labor (DOL) has announced that it will continue to accept emergency requests until midnight on April 29, 2016, for H-2B applications filed on or between April 2 and April 29, 2016. This extension is due to...more

USCIS Guidance on “Same or Similar” Occupations

USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more

Orrick's Financial Industry Week in Review

ESMA Consults on Guidelines on Disclosure of Information on Commodity Derivatives Markets or Related Spot Markets under MAR - On March 30, the European Securities and Markets Authority ("ESMA") opened a public...more

The CFTC Announces Final Rule for Alternative to Fingerprinting for Foreign Natural Persons

On March 28, 2016, the U.S. Commodity Futures Trading Commission (CFTC) approved a final rule that will add an alternative method of CFTC registration for foreign natural persons. The CFTC will now accept a registered firm’s...more

Bridging the Week - March 2016 #4

Alleged Spoofer, Blamed for Partly Causing Flash Crash, Loses UK Extradition Hearing - Navinder Sarao, the London-based futures trader who in April 2015 was sued by the Commodity Futures Trading Commission and criminally...more

Immigration Implications of ‘Brexit’

A “leave” vote on 23 June 2016 could have significant impact on employee and individual mobility, immigration, and UK citizenship status. Considering the charged political atmosphere around immigration issues and EU free...more

Immigration Update: Trying to Cut the Red Tape: Department of Labor Announces Emergency Procedures for Backlogged H-2B...

The Department of Labor (DOL) has recently been experiencing considerable delays in its processing of applications for H-2B status for temporary nonimmigrant workers. The H-2B program allows U.S. employers to bring foreign...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

USCIS Reminds Employers to Identify "Returning Workers" Exempt From Fiscal Year 2016 H-2B Visa Cap

On February 5, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) issued an alert reminding employers to identify “returning workers” when filing H-2B petitions for non-immigrant workers....more

USCBP Expected to Extend Global Entry Eligibility to All German Citizens

In a notice expected to be published in the Federal Register on Tuesday, February 16th, with an effective date the same day, US Customs and Border Protections (USCBP) announced that it is extending Global Entry eligibility to...more

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