The Department of Homeland Security (DHS) has recently announced a streamlined process for foreign workers to request deferred action. Deferred action is a type of prosecutorial discretion to defer removal action...more
2/5/2024
/ Cooperation ,
Deferred Action ,
Department of Homeland Security (DHS) ,
Employees ,
Enforcement Actions ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Investigations ,
Labor Law Violations ,
USCIS
A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more
9/6/2023
/ Administrative Procedure Act ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
F-1 Visa ,
Foreign Nationals ,
Foreign Students ,
Foreign Workers ,
H-1B ,
Immigrants ,
Immigration Procedures ,
Information Technology ,
OPT ,
Regulatory Violations ,
STEM ,
Visas
When filing for an adjustment of status (AOS), which enables individuals to apply for a Green Card while still present in the United States, applicants may simultaneously apply for an employment authorization document (EAD)...more
During the past two years of the pandemic, federal agencies such as the Department of Homeland Security and the Department of State have taken measures to accommodate their services and facilitate the issuance of visas in the...more
Between January 25, 2020 and February 29, 2020, the former administration issued three separate executive orders restricting travel from China, South Africa, Brazil, the Republic of Ireland, the United Kingdom, and the...more
11/30/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
Immigration Procedures ,
Infectious Diseases ,
International Travel ,
Public Health ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee
On October 25, 2021, President Biden issued a presidential proclamation revoking prior proclamations restricting country-by-country travel into the United States. The new proclamation, which took effect on November 8, 2021,...more
11/11/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
Infectious Diseases ,
International Travel ,
National Interest Waiver ,
Presidential Proclamations ,
Travel Restrictions ,
Traveling Employee ,
Vaccinations
On April 26, 2021, the U.S. Department of State issued updated guidance on “National Interest Exceptions for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland,” which should...more
Last week, President Biden’s comprehensive immigration reform proposal, the U.S. Citizenship Act of 2021, was introduced in the House and Senate. As officials in the administration initially reported, the provisions for the...more
3/4/2021
/ Biden Administration ,
DACA ,
F-1 Visa ,
Foreign Nationals ,
Foreign Workers ,
H-4 ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Legislative Agendas ,
Path To Citizenship ,
Popular ,
Regulatory Agenda ,
STEM ,
Temporary Protected Status ,
Visas
On February 24, 2021 President Biden officially lifted restrictions on entry to the United States stemming from former President Trump’s Proclamation 10014 of April 22, 2020 (“Suspension of Entry of Immigrants Who Present a...more
3/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Diversity Lottery ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Infectious Diseases ,
Travel Ban ,
Visas
On January 18, 2021, the Trump administration officially lifted widespread travel restrictions barring the entry of foreign national travelers physically present in the 26 countries of the European Schengen Area, the United...more
1/20/2021
/ Brazil ,
Coronavirus/COVID-19 ,
EU ,
Foreign Nationals ,
H-1B ,
Immigration Procedures ,
Infectious Diseases ,
International Travel ,
Ireland ,
L-1 Visas ,
Travel Ban ,
UK ,
Virus Testing ,
Visas
On June 22, 2020, and citing economic recovery needs and unemployment due to the pandemic, President Trump issued “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus...more
Updated April 22, 2020: In live remarks during an April 21, 2020 coronavirus task force press briefing, the president provided more detail on the scope of the entry restrictions in the new executive order. Specifically, he...more
This article briefly summarizes the recent governmental guidance on Form I-9 requirements, travel, and visa processing and services, among other matters, in response to the national emergency caused by the COVID-19 outbreak....more
3/20/2020
/ Border Security ,
Canada ,
Consulate ,
Coronavirus/COVID-19 ,
Cross-Border ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Mexico ,
Travel Restrictions ,
U.S. Embassies ,
United States ,
USCIS
On March 11, 2020, the president signed a proclamation, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, that implements additional...more
3/16/2020
/ Best Practices ,
Business Travel ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Foreign Nationals ,
Health and Safety ,
Immigrants ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
Workplace Safety
On April 25, 2019, the American Immigration Lawyers Association (AILA) issued a practice alert announcing that the nationwide immigration association had “been in discussions with CBP [Customs and Border Protection] related...more
5/8/2019
/ Canada ,
Employee Transfers ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
L-1 Visas ,
NAFTA ,
Non-Immigrant Visas ,
Port of Entry ,
Renewal Options ,
USCIS ,
Visas
Earlier this month, the United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum providing guidance on Executive Order 13768, which called for enhancing public safety in the United States through...more
7/24/2018
/ Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Policy Memorandums ,
Terrorist Threats ,
Trump Administration ,
USCIS ,
Visas
On June 26, 2018, the Supreme Court of the United States upheld the travel ban implemented by the Trump Administration in September 2017. This travel ban was the third permutation after two other travel bans failed to...more
6/28/2018
/ Appeals ,
Establishment Clause ,
Foreign Nationals ,
Immigration and Nationality Act ,
Immigration Reform ,
Likelihood of Success ,
Muslims ,
National Origin Discrimination ,
Presidential Decrees ,
Reversal ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Trump v Hawaii
On September 24, 2017, President Donald Trump issued a “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats”...more
9/26/2017
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas
On August 2, 2017, President Trump unveiled the revised RAISE (Reforming American Immigration for Strong Employment) Act, previously introduced by Senators Tom Cotton (R-AR) and David Perdue (R-GA) in February 2017. The...more
On June 26, 2017, the Supreme Court of the United States (SCOTUS) partially lifted the injunction and agreed to hear arguments on President Trump’s March 6, 2017 executive order entitled Protecting the Nation from Foreign...more
6/27/2017
/ Bona Fide Relationship Test ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
SCOTUS ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Trump v International Refugee Assistance Project ,
Visas
Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more
6/21/2017
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Foreign Nationals ,
Fraud and Abuse ,
Green Cards ,
H-1B ,
H-2A ,
H-2B ,
Immigration Reform ,
Non-Immigrant Visas ,
OIG ,
PERM ,
Visas ,
Wage and Hour
The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more
3/21/2017
/ Appeals ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Refugees ,
Travel Ban ,
TRO ,
Trump Administration ,
Visas
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
3/7/2017
/ Department of Homeland Security (DHS) ,
ESTA ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas
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
2/22/2017
/ Administrative Procedure Act ,
B-1 ,
Canada ,
Congressional Review Act ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Dual Citizenship ,
E-2 ,
E-Verify ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
L-1 ,
Mexico ,
NAFTA ,
National Security ,
National Security Agency (NSA) ,
OFCCP ,
OPT ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visas ,
Work Visas
On February 3, 2017, federal Judge James Robart issued a temporary restraining order (TRO) halting President Trump’s January 27, 2017, executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into...more
2/6/2017
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Dual Citizenship ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Iran ,
Iraq ,
Libya ,
Refugees ,
Restraining Orders ,
Somalia ,
Sudan ,
Syria ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas ,
Yemen