News & Analysis as of

H-1B Coronavirus/COVID-19 Presidential Proclamations

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 -
Burr & Forman

Labor & Employment E-Note - April 2021

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Presidential Proclamation Restricting the Issuance of Certain H, J, and L Visas Expires - On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 ("PP 10052"), which suspended the issuance of...more

Baker Donelson

State of Play in Business and Family Immigration

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More than 78 days into the Biden Administration, less dust than expected or hoped has settled on the landscape for business and family immigration to the U.S. This article briefly assesses the state of play concerning...more

Fisher Phillips

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

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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

Morgan Lewis

Presidential Proclamation 10052 Expires

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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

Dickinson Wright

Immigration Update: Biden Administration Takes Action

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The Biden Administration appears to have addressed some of its promises on U.S. immigration policy by issuing a memorandum entitled “Memorandum and Presidential Proclamations” on January 20, 2021, the first day of his...more

Fisher Phillips

The Undoing Of Trump’s Immigration Agenda: Biden Unveils Series Of Immigration Reforms

Fisher Phillips on

One day is all it took for the Biden-Harris administration to repudiate the Trump-era crackdown on immigration. By issuing a series of Executive Actions, Presidential Memoranda, and Proclamations on January 20 and the days...more

Jackson Walker

What Happens to President Trump's Immigration Proclamations During President Biden's First 100 Days?

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Jackson Walker immigration attorney Sang Shin provides an update on the Trump administration's recent proclamations to extend bans on all new H-1, L-1, and J-1 visas until March 31, 2021. In addition, there are a number of...more

Laner Muchin, Ltd.

President Trump Extends Visa Ban Through March 31, 2021

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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

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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

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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

Hahn Loeser & Parks LLP

A Shift In Immigration Priorities: Anticipated Changes From The Biden Administration

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President-elect Joe Biden’s administration will inherit the Trump administration's restrictive immigration policies and regulations. During President Trump’s tenure, he has overseen more than 400 immigration policy changes –...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

Epstein Becker & Green

#WorkforceWednesday: NY Travel Advisory Changes, CA’s COVID-19 Exposure Notice, Executive Order Reversals - Employment Law This...

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Welcome to #WorkforceWednesday. We look at how workplace guidance is changing as COVID-19 surges and the executive orders most likely to be reversed by the new administration. New York Revises COVID-19 Travel Advisory New...more

Burr & Forman

Federal Court Bars Government from Enforcing Presidential Proclamation’s Suspension of Nonimmigrant Visas Against Thousands of...

Burr & Forman on

Earlier this year, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas through at least December 31, 2020 (“the Proclamation”). On...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

Harris Beach PLLC

Important Considerations for U.S. Companies Employing Workers Abroad

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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

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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

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

State Department Issues Guidance on National Interest Exceptions to Proclamations Suspending Entry of Certain Foreign Nationals

On August 12, 2020, the U.S. Department of State issued guidance on scenarios that may qualify for a “national interest exception” under Presidential Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of...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

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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

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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

Burr & Forman

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

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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

Vinson & Elkins LLP

The Collateral Consequences Of Furloughing Employees On H-1B Visas

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Though my primary job is to provide legal advice, during the last several months, I have often found myself providing emotional support to my friends in human resources and corporate law departments who have been charged with...more

Foley & Lardner LLP

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

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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

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