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Biden Administration’s USCIS Reinstates Longstanding, Employer-Friendly Deference Policy

As of April 27, 2021, the Biden administration has reinstated a longstanding policy of U.S. Citizenship & Immigration Services (USCIS) that the Trump administration revoked in its first year. The reinstated policy, commonly...more

National Interest Exceptions for European Students, Academics, Investors and Business Travelers

On July 16, 2020, the U.S. Department of State (DOS) announced that business travelers, investors, treaty traders, and academics from the Schengen Area countries, the U.K., and Ireland may qualify for “national interest...more

Consequences of U.S. Immigration and Customs Enforcement’s New Online Education Policies: International Students Will Not Be...

On July 6, 2020, U.S. Immigration and Customs Enforcement (ICE)’s Student and Exchange Visitor Program (SEVP), which runs the U.S. student visa program, announced that international students will not receive U.S. student...more

Presidential Proclamation Suspending Entry of Some Employment-based Nonimmigrant Visa Categories Through December 31, 2020

On June 22, 2020, President Trump issued a Presidential Proclamation extending the duration of the bar on immigrant visas through December 31, 2020 and creating a new temporary suspension of entry for foreign nationals...more

President Trump Announces Forthcoming Executive Order Affecting Permanent Residents

On April 21, 2020, President Donald Trump announced at a press conference that in short order he will sign an executive order barring from entry, foreign nationals applying for permanent residency. He said the executive...more

Summary of U.S. Immigration Measures in Response to Novel Coronavirus Pandemic

What is the impact of the Presidential Proclamations on individuals seeking entry into the U.S. from China, Iran, and Europe? According to Presidential Proclamation 9984 [issued on January 31, 2020] and Presidential...more

Managing the Commercial Impact of the Coronavirus: Immigration Implications

As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more

DOL Publishes Guidance On H-1B Requirements

On March 15, 2019, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (Bulletin) for all DOL District Directors providing guidance on how U.S. petitioners of H-1B visas must...more

First Preference, Employment-Based Priority Workers’ U.S. Immigrant Visas at a Processing Standstill

As of July 18, 2018, the Visa Control and Reporting Division of the U.S. Department of State (DOS) advised that due to heavy worldwide demand it was retrogressing the processing of immigrant visas for certain “priority...more

Hybrid Visa Offers Alternative to Limited H-1B Visa

For an ever-increasing number of U.S. employers, the start of another calendar year also means H-1B season has arrived. However, given the competitive nature of the H-1B program, many employers are turning to an alternative...more

When Hiring a Foreign Employee May Really Be the Only Feasible Option

The Board of Alien Labor Certification Appeals of the U.S. Department of Labor (“DOL”), otherwise known as the BALCA, recently issued an employer-friendly decision that contemplates how an employer can demonstrate it is not...more

AAO Finds USCIS Impermissibly Redefines Showing of Specialized Knowledge

The Administrative Appeals Office of U.S. Citizenship & Immigration Services, otherwise known as the AAO, recently reversed a finding by U.S. Citizenship & Immigration Services (USCIS) that had denied approval of an L-1B...more

4/10/2013  /  Foreign Workers , L-1B , Multinationals , USCIS , Visas
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