Seyfarth Synopsis: Previously scheduled to expire on December 31, 2020, Proclamations 10052 and 10014 have been extended by President Trump until March 31, 2021. These visa bans will continue to restrict the issuance of...more
1/5/2021
/ Corporate Counsel ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
Visas
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more
12/3/2020
/ Chamber of Commerce ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Domestic Hiring Policy ,
E-3 ,
Foreign Workers ,
Good Cause ,
H-1B ,
H-1B1 ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration and Nationality Act ,
Immigration Procedures ,
Immigration Reform ,
Motion to Set Aside the Verdict ,
PERM ,
Trump Administration ,
USCIS ,
Visas
Seyfarth Synopsis: President Trump issued a new order restricting travel to the United States by certain nonimmigrants, including those in H-1B, H-2B, J-1 and L-1 status. ...more
Seyfarth Synopsis: President Trump expanded the order restricting travel to the United States from most European countries — the Schengen Area, specifically — to now include the UK and Ireland....more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
EU ,
Health and Safety ,
Infectious Diseases ,
International Travel ,
Ireland ,
Public Health ,
Travel Ban ,
Travel Restrictions ,
Trump Administration ,
UK
Seyfarth Synopsis: President Trump’s order restricting travel to the United States from most European countries -- the Schengen Area, specifically -- will have a significant impact on nonimmigrant visa holders and certain...more
3/16/2020
/ Business Travel ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Foreign Nationals ,
Health and Safety ,
Immigrants ,
Immigration Procedures ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
USCIS
Seyfarth Synopsis: The Supreme Court’s decision clears the path for DHS/USCIS to implement its Public Charge final rule, which requires employers and employees to disclose receipt of certain public benefits in...more
2/3/2020
/ Appeals ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v New York ,
Foreign Nationals ,
Green Cards ,
Immigration Procedures ,
Immigration Reform ,
Pending Litigation ,
Preliminary Injunctions ,
Proposed Rules ,
Public Charge ,
Residency Status ,
SCOTUS ,
Trump Administration ,
Updated Forms
Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more
12/12/2019
/ Conditional Job Offers ,
Employment Authorization Documents (EAD) ,
Filing Fees ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Job Applicants ,
Lottery ,
NAFTA ,
OPT ,
Registration Requirement ,
Regulatory Requirements ,
Trump Administration ,
USCIS ,
Vetting ,
Visa Caps ,
Visas ,
Work Permits
Seyfarth Synopsis: U.S. District Court in New York issued a nationwide injunction blocking the implementation of USCIS’ final rule on inadmissibility on public charge grounds, which rule resulted in significant changes to...more
10/14/2019
/ Adjustment of Status ,
Affidavits ,
Disclosure Requirements ,
Employees ,
Final Rules ,
Form I-129 ,
Green Cards ,
Hiring & Firing ,
I-485 Applications ,
Immigration Procedures ,
Immigration Reform ,
Injunctions ,
Job Applicants ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Public Benefits ,
Required Forms ,
Time Extensions ,
Trump Administration ,
Updated Forms ,
USCIS
Seyfarth Synopsis: Effective September 11, 2018, USCIS will suspend Premium Processing for all H-1B petitions filed at the Vermont and California Service Centers until February 19, 2019 (excluding filings by cap-exempt...more
Seyfarth Synopsis: The Department of Homeland Security (DHS) published its regulatory plan for 2018, which aligns with President Trump’s Executive Order, Buy American Hire American.
...more
12/20/2017
/ Buy America ,
Department of Homeland Security (DHS) ,
Employment Eligibility Verification ,
Executive Orders ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Immigration Reform ,
Trump Administration ,
Visas
Seyfarth Synopsis: If Congress cannot resolve FY2018 funding issues by December 8, 2017, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact on several...more
Seyfarth Synopsis: Federal judges in Hawaii and Maryland have issued orders blocking major portions of President Trump’s September 24, 2017 Presidential Proclamation....more
10/20/2017
/ 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
Seyfarth Synopsis: Country-specific travel restrictions will impact nationals of Iran, Libya, Syria, Yemen, Somalia, Chad, North Korea, and Venezuela....more
9/26/2017
/ B-1 ,
B-2 ,
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
Seyfarth Synopsis: The Department of Homeland Security (DHS) to terminate the Deferred Action for Childhood Arrivals (DACA) program.
"Congress, get ready to do your job - DACA," tweets President Trump on Tuesday morning. ...more
9/6/2017
/ DACA ,
Department of Homeland Security (DHS) ,
Deportation ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Obama Administration ,
Path To Citizenship ,
Proposed Legislation ,
Trump Administration ,
USCIS
Seyfarth Synopsis: U.S. Supreme Court will hear oral arguments on the Travel Ban in their next term.
Shortly before its summer recess, the United States Supreme Court agreed to hear oral arguments on the Trump...more
6/27/2017
/ Bona Fide Relationship Test ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Trump v International Refugee Assistance Project ,
Visas
Seyfarth Synopsis: On May 25, 2017, the U.S. Court of Appeals for the 4th Circuit ruled that President Trump’s travel ban should remain on hold, upholding a preliminary injunction issued in March 2017 by a lower court....more
6/8/2017
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas
Seyfarth Synopsis: The EO orders the Departments of State, Justice, Labor, and Homeland Security to propose new rules and issue new guidance to “protect the interests of U.S. workers” and “promote the functioning of the H-1B...more
Seyfarth Synopsis: New DOS cable instructs U.S. consular posts to identify population groups for tougher visa screening, which will likely lead to increased processing times....more
Seyfarth Synopsis: Federal judges from Hawaii and Maryland have issued nationwide Temporary Restraining Orders (TROs) effectively blocking the implementation of the Trump administration’s revised travel ban, which was...more
3/17/2017
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
International Travel ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
TRO ,
Trump Administration ,
Vetting ,
Visa Interview Waiver Program (VIWP) ,
Visas
Seyfarth Synopsis: On March 6, 2017, President Trump signed a new Executive Order temporarily restricting certain foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entry into the United States for 90...more
3/8/2017
/ Department of Homeland Security (DHS) ,
Dual Citizenship ,
Executive Orders ,
Exemptions ,
Foreign Nationals ,
Immigration Reform ,
International Travel ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visa Waiver Program
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
2/13/2017
/ Appeals ,
Constitutional Challenges ,
Executive Orders ,
Foreign Nationals ,
Immigration Reform ,
Lack of Evidence ,
Muslims ,
National Security ,
Order to Stay ,
Preliminary Injunctions ,
Restraining Orders ,
Travel Ban ,
Trump Administration
Seyfarth Synopsis: Immediate Stay of Trump’s Executive Order has been denied and travel ban remains halted for now.
On Friday, February 3, a Federal District Court in Washington issued a temporary restraining order...more
2/6/2017
/ Appeals ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
Travel Ban ,
TRO ,
Trump Administration ,
US Department of State ,
Visas
Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more
2/3/2017
/ Adjustment of Status ,
Citizenship ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Dual Citizenship ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Immigration Procedures ,
Immigration Reform ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Passports ,
Screening Procedures ,
Travel Ban ,
Travel Delays ,
Trump Administration ,
Vetting
Seyfarth Synopsis: On January 25, 2017, President Trump signed two Executive Orders, one focusing on border security and the construction of a physical wall along the southern border and another focusing on improving public...more
1/30/2017
/ Border Agents ,
Border Security ,
Department of Homeland Security (DHS) ,
Deportation ,
Detention ,
Executive Orders ,
Federal Grants ,
Immigration and Nationality Act ,
Immigration Reform ,
Penalties ,
Recalcitrant Countries ,
Sanctuary Cities ,
Trump Administration ,
US-Mexico Border Wall