News & Analysis as of

H-1B Travel Restrictions

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 -
Tarter Krinsky & Drogin LLP

January 2023 Immigration Updates

Happy New Year! As we begin 2023, we would like to share the following recent U.S. immigration-related updates: Nonimmigrant Visa Interview Waivers Extended Until December 31, 2023 On December 23, 2022, the U.S....more

Burr & Forman

Labor & Employment E-Note - May 2021

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Focus - America's Immigration System: President Biden's First 100 Days - Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing on a myriad 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

Jackson Lewis P.C.

Temporary Suspension Of Entry Ends For Certain H, L, J Visa Categories

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The restrictions on the issuance of H-1B, L-1, and J-1 nonimmigrant “guest-worker” visas, which have been in place since June 24, 2020, expired without fanfare on March 31, 2021. As a result, U.S. consulates around the world...more

Kramer Levin Naftalis & Frankel LLP

H-1B Cap Season, Mandatory COVID-19 Testing for All International Air Travelers to the US, and I-90 Receipt Rule

We anticipate that in March 2021, U.S. Citizenship and Immigration Services (USCIS) will open the electronic registration process for the fiscal year 2022 H-1B cap for professional positions. Please review your employment...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...

Epstein Becker & Green on

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

Gibney Anthony & Flaherty, LLP

Trump Administration Advances Rules Restricting Visas for High-Skilled Foreign Workers

The Trump Administration has announced that it will publish two Interim Final Rules on Thursday, October 8, 2020 that will substantially alter the H-1B visa program for temporary professionals working in a specialty...more

BakerHostetler

Changes to Business Immigration During COVID-19: What Employers Need to Know

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Just how much impact is the global pandemic having on foreign national workers and business immigration? Matt Hoyt addresses this question and gives us a breakdown of which foreign national workers are most at risk and how...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - August 2020

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23 State AGs Coordinate to Sweep Shaky Legal Footing of Immigration Executive Orders.  As we at the PMN summarized here, and as Seyfarth explored here, on April 23, President Trump issued an Executive Proclamation banning...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

Morgan Lewis

Current Travel Restrictions and the Ability to File Certain Immigration Petitions and Applications

Morgan Lewis on

With successive presidential proclamations and executive orders in recent months, there can be considerable confusion around what type of immigration petitions and applications can be filed, and who can enter the United...more

Constangy, Brooks, Smith & Prophete, LLP

State Department Issues Guidance On National Interest Waivers

The U.S. Department of State has issued some preliminary guidance on the application of the national interest waiver to foreign nationals from countries that are subject to a COVID-19-related travel ban. Since late...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

Laner Muchin, Ltd.

Recent Executive Order Restricts Entry of Various Nonimmigrant Workers into the U.S.

Laner Muchin, Ltd. on

On June 22, 2020, citing the COVID-19 pandemic, President Trump issued an Executive Order suspending the entry of various foreign workers into the U.S. through the end of the year. Specifically, the Executive Order states,...more

Davis Wright Tremaine LLP

Analysis of Proclamation Halting Visas for H-1B and Other Temporary Workers Outside U.S.

On June 22, 2020, President Trump issued a "Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market During the Coronavirus Outbreak," effective June 24, 2020 through December 31, 2020. ...more

Clark Hill PLC

Trump Visa Ban Extended and Expanded

Clark Hill PLC on

On April 22, 2020, President Trump issued a 60-day visa ban which suspended the issuance of most categories of green cards for persons outside the U.S. Then, on June 22, 2020, he extended and expanded it to include various...more

UB Greensfelder LLP

[Webinar] Breaking Down the Presidential Proclamation to Suspend Entry of Some Foreign Nationals on Visas - June 25th, 1:00 pm -...

UB Greensfelder LLP on

Join Ulmer Partner David W. Leopold for a complimentary webinar to discuss the recent Presidential Proclamation that suspended the entry of foreign nationals on H-1B, H-2B, L, and J visas to the United States. David will...more

Jackson Lewis P.C.

Plans For Additional Restrictions On Immigration

Jackson Lewis P.C. on

Just before midnight on April 23, 2020, President Donald Trump’s “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” went into...more

Seyfarth Shaw LLP

COVID-19 Immigration Updates From the Agencies

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Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...more

Tonkon Torp LLP

The Impact Of COVID-19 On Business Immigration

Tonkon Torp LLP on

COVID-19 is rapidly affecting business immigration in multiple ways. Below is an outline of key impacts to date. International Travel- •Most U.S. embassies and consular posts have temporarily suspended visa services......more

Tarter Krinsky & Drogin LLP

U.S. Immigration Developments March 2020: USCIS Closes Northern Border With Canada, Suspends Local Office Operations And Suspends...

On March 18, the President ordered that by mutual consent, with the government of Canada, our country will close its northern border to non-essential traffic. The President confirmed that trade will not be affected. Details...more

Dentons

Breaking Update from DHS and DOL on Immigration and COVID-19

Dentons on

The following post contains a breaking update on remote I-9 completion from the Department of Homeland Security, breaking updates from U.S. Department of Labor, as well as new immigration-related considerations that have...more

Pullman & Comley - Labor, Employment and...

Potential Immigration Compliance Issues Raised by Coronavirus Travel Restrictions, Work-from-Home Policies, and Layoffs

As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more

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