News & Analysis as of

H-1B Coronavirus/COVID-19 H-2B

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Fisher Phillips

April Sees End to Work Visa Ban, Bringing Relief to Employers

Fisher Phillips on

The Trump-era Presidential Proclamation that temporarily suspended certain nonimmigrant visas expired at the end of March, and federal immigration officials announced that temporary workers could once again begin applying for...more

Mintz - Immigration Viewpoints

H, L, and J Visa Ban Expires

It has been widely reported that President Biden will not renew the June 2020 Presidential Proclamation, which restricted the entry of H-1B, H-2B, L-1, and certain J-1 travelers into the United States. This nonimmigrant visa...more

Morgan Lewis

Presidential Proclamation 10052 Expires

Morgan Lewis on

The Biden-Harris administration has allowed Presidential Proclamation 10052 (PP 10052) to expire as of March 31. PP 10052, implemented by the previous administration in June 2020, had suspended the issuance of certain...more

Laner Muchin, Ltd.

President Trump Extends Visa Ban Through March 31, 2021

Laner Muchin, Ltd. on

On December 31, 2020, President Trump extended previously issued Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the U.S., subject to certain exceptions. Citing the...more

WilmerHale

COVID-19: Trump Administration Continues Suspension of Immigration and Work Visas

WilmerHale on

With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more

UB Greensfelder LLP

President Trump Extends Ban on H-1B, H-2B, L, and J Visa Applicants Through March 31, 2021

UB Greensfelder LLP on

Over the New Year’s holiday, the Trump administration extended the suspension on entry of H-1B, H-2B, J (for exchange visitors participating in intern, trainee, teacher, camp counselor, au pair, or summer work travel...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Trump Administration Extends Visa Bans to March 31, 2021

On December 31, 2020, the Trump administration issued a presidential proclamation extending the ban of entry for certain nonimmigrant and immigrant visas as outlined in its April 22, 2020, and June 22, 2020, proclamations....more

Holland & Hart - Employers' Lawyers

Understanding Immigration Changes Imposed During the COVID Pandemic

Over the last few months, you may have read about major travel restrictions for foreign workers entering the United States. What key facts do employers need to know? ...more

Gibney Anthony & Flaherty, LLP

Federal Court Blocks U.S. Visa Ban on Temporary Foreign Workers

On October 1, 2020, a federal district court blocked enforcement of Presidential Proclamation 10052 (PP 10052) issued in June 2020, which suspends the entry of temporary foreign workers in certain visa categories, including...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - October 2020

Seyfarth Shaw LLP on

A Tribute To The Late, Incomparably Great, Justice Ruth Bader Ginsburg.  Exactly two weeks to the day, the Country began collective mourning over the loss of one of the greatest jurisprudential minds in a century. Justice...more

Harris Beach PLLC

Important Considerations for U.S. Companies Employing Workers Abroad

Harris Beach PLLC on

U.S. immigration law recently has resembled a minefield, with potential risks and obstacles popping up nearly every week. Both employers and employees have been struggling to navigate these new rules and find ways to obtain...more

Jackson Lewis P.C.

Judge To Decide On Administration’s Immigration-Related Restrictions Based On COVID-19 Pandemic

Jackson Lewis P.C. on

In April and June, numerous Presidential Proclamations suspended entry of thousands of legal immigrants and nonimmigrants least until December 31, 2020, using the COVID-19 pandemic as the reason. This is despite the fact that...more

Gibney Anthony & Flaherty, LLP

National Interest Exceptions to Nonimmigrant  Visa Ban: U.S. Department of State Update August 12, 2020

The U.S. Department of State (DOS) released additional guidance expanding the scope of national interest exceptions to the June 24, 2020 Presidential Proclamation (PP 10052) banning the admission of certain J, H and L visa...more

Dentons

Exceptions to Recent Travel Bans Announced

Dentons on

On August 12, 2020, the Department of State (DOS) updated and expanded guidance regarding exceptions to the employment-related entry suspensions (Presidential Proclamations 10014 & 10052). As a reminder, these are the...more

Harris Beach PLLC

U.S. Department of State Issues Guidance on New Exceptions to COVID-Related Travel Restrictions

Harris Beach PLLC on

On July 16 and 17, 2020, the U.S. Department of State (“DOS”) announced changes to two existing COVID-related travel restrictions. The first creates new exceptions to the Proclamation barring anyone who has been within a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Workforces Stranded Abroad Due to COVID-19 and Presidential Proclamation? Implications of Remote Work When Employees Cannot Enter...

COVID-19 has had significant implications on how employers engage a workforce—particularly with respect to U.S. immigration. The employment changes caused by the pandemic, combined with President Donald Trump’s recent...more

Burr & Forman

President Amends Proclamation to Tighten Restrictions on Certain Classifications of Non-Immigrants

Burr & Forman on

As discussed in our previous post, the White House recently issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. The original Proclamation provided...more

Foley & Lardner LLP

The COVID-19 Hits Keep Coming – Certain Work Visas Halted Until 2021

Foley & Lardner LLP on

Last week, President Trump signed a proclamation suspending the issuance of new H-1B, H-2B, J and L visas through December 31, 2020 (description of the types of visas are included below). The proclamation, which took effect...more

DirectEmployers Association

OFCCP Week In Review: June 2020 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - June 2020 #3

Seyfarth Shaw LLP on

Despite Big SCOTUS Win For Dreamers, President Trump Continues to Restrict Immigration Through Executive Action.  As we noted here, just last week, SCOTUS issued its opinion in Department of Homeland Security v. Regents of...more

FordHarrison

Immigration Alert: Update on Suspension of Entry of Certain Foreign Workers Until the End of 2020

FordHarrison on

As discussed in our prior Alert, on June 22, 2020 President Trump issued a proclamation extending until December 31, 2020 the ban on the entry of individuals applying for immigrant visas (“green cards”) outside of the United...more

Hogan Lovells

President Trump expands temporary suspension to include certain non-immigrant visa categories and extend the period of suspension...

Hogan Lovells on

On 22 June President Trump signed the Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. This executive action extends the president's April 2020 suspension...more

Littler

Canada: Canadians are Exempt from President Trump’s Proclamation Suspending Certain US Work Visas

Littler on

On June 22, 2020, President Trump issued “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” suspending the issuance of new L-1, H-1B, H-2B and J-1...more

Pullman & Comley - Labor, Employment and...

Workers Already in U.S. Are Exempt from Suspension of New Work Visas

On June 22, 2020, President Trump issued an executive order suspending the issuance of a variety of United States work visas until the end of 2020. ...more

Vinson & Elkins LLP

What Does The President’s Proclamation Regarding Non-Immigrant Visas Mean For Employers?

Vinson & Elkins LLP on

On Monday afternoon, President Trump issued his “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The order temporarily suspends the issuance of new H-1B...more

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