Foreign Nationals

News & Analysis as of

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

The Business Visitor in the Current Immigration World

While the Executive Order (“the Order”) issued by President Trump on January 27, 2017, and temporarily halted by the District Court in the Western District of Washington and subsequently by the Ninth Circuit Court of Appeals,...more

H-1B Season Has Started!

Petitions for new H-1B visas are eligible to be filed on April 1, 2017, for federal FY 2018 beginning October 1, 2017. There are a limited number of new H-1B visas each year (65,000 and an additional 20,000 for foreign...more

It's H-1B Season: Employers Get Ready for April 1, 2017 Deadline

Advocates, employers, and employees are in a state of suspense in anticipation of potential changes to the H-1B program. The H-1B visa allows foreign workers to be employed in certain "specialty occupations," which are...more

Employers: Don’t Get Trumped by Trump’s Executive Order on Immigration

Last week Emma Grant’s line cook and 25 other undocumented employees at her bar-b-que restaurant Emma Grant’s Bar-B-Que were working the lunch shift when it was raided by Immigration and Customs Enforcement personnel,...more

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

West Coast Real Estate Update: February 2017 #2

Jury Trial Waiver Undone by a Fundamental California Policy - It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek...more

RLUIPA Implications of Trump’s Immigration Executive Order

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more

Labor & Employment E-Note - February 2017

Amidst a first-week flurry of executive orders on trade, immigration, and construction of a U.S.- Mexico border wall, President Trump signed an executive order aimed at peeling back many Obama-era regulations. Please see...more

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...more

UK Government to Implement Immigration Skills Charge

Seyfarth Synopsis: The UK government will introduce an “Immigration Skills Charge” in April 2017 that will substantially increase the cost for companies to sponsor Tier 2 workers in the UK. The following alert is...more

President Trump States He Will Issue New Travel Ban Executive Order

On February 16, 2017, in a court filing and at a press conference, President Trump has stated that he will issue a new Executive Order (“EO”) to supplement or replace his January 27, 2017 Executive Order (“EO”) entitled...more

Cuban Refugees Are Waiting at the Border

Many Cubans who were making the long and dangerous trek through jungles and other countries to the United States before the inauguration of President Donald Trump on January 20 are waiting at the U.S. border for word from the...more

How President Trump’s Executive Orders on Immigration May Impact Employers

Throughout his campaign, and now as President, Donald Trump has indicated that his immigration reform efforts will focus mainly on illegal immigration, as well as tighter immigration screening. President Trump delivered on...more

Travel Ban: Executive Order Affecting Nationals of Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen

On Jan. 27, 2017, President Trump signed an Executive Order (“EO”) barring non-U.S. citizens who are citizens of Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen (the “Restricted Countries”) from entering the U.S. for at...more

Administration’s Possible Next Steps on the Travel Ban

After losing the emergency motion to stay the District Court’s Temporary Restraining Order (the “TRO”) halting the implementation of major portions of President Trump’s January 27th Executive Order, the administration has...more

Three Key Immigration Developments in President Trump’s First Weeks

Immigration has been in the forefront of the news since President Trump took office and will likely remain so in the near future. Here, we discuss three key business immigration issues that have seen significant developments...more

Opposition to Travel Ban EO Includes Tech Firms and Others

After oral arguments on February 9th, the Ninth Circuit denied the government’s request to reinstate the travel ban EO. State of Washington v. Trump. More than 135,000 people listened to the Ninth Circuit oral argument,...more

Did U.S. executive order signal trouble for EU citizen privacy rights?

As President Trump settles into office, his administration has issued a flurry of executive orders aimed at reshaping the U.S. government. One order in particular may have a broader impact on global business than originally...more

Federal Appeals Court Upholds Halt on Trump Administration's Travel Ban

Seyfarth Synopsis: A three-judge panel in the Ninth Circuit Court of Appeals ruled against the Trump administration’s motion to reinstate the travel ban. Late on Thursday, February 9, the Ninth Circuit panel voted to...more

Travel Ban Update: Appeals Court Upholds Temporary Halt on Enforcement

On February 9, 2017 the U.S. Court of Appeals for the Ninth Circuit issued a unanimous (per curiam) order denying the Federal Government's emergency motion for a stay of the district court order temporarily enjoining...more

Update: Appellate Court Rejects Administration’s Effort to Reinstate Travel Ban

On February 9, 2017, a three-judge panel of the U.S. 9th Circuit Court of Appeals ruled unanimously against the Government’s emergency motion to stay the District Court’s Temporary Restraining Order (the “TRO”) halting the...more

Travel Ban Update: Ninth Circuit Ruling and What’s Next

Ninth Circuit affirms injunction of travel ban; interior enforcement begins. US President Donald Trump’s executive order (EO)—which included directives to ban the entry of individuals from seven Muslim-majority countries...more

Compliance News Flash - February 2017

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. The President’s Executive Order (EO) on immigration remains on hold. A...more

Appeals Court Affirms Block on Immigration Travel Ban

As previously reported, on January 27, 2017, President Donald Trump signed an Executive Order, which effectively banned travel to the United States by foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen...more

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