News & Analysis as of September 21, 2024

Executive Orders

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The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status. less -

The Top 17 Workplace Law Stories from May 2022

Fisher Phillips on 6/2/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

USCIS Issues Policies to Improve Immigration Services: What Employers and Foreign Nationals Need to Know

Gibney Anthony & Flaherty, LLP on 6/16/2021

U.S. Citizenship and Immigration Services (USCIS) announced three new policy updates to the USCIS Policy Manual aimed at improving access to immigration benefits. The updated policies: • Clarify the criteria for expedited...more

USCIS Announces Return To Deference Policy

Jackson Lewis P.C. on 4/28/2021

Deference is back! USCIS announced that, effective immediately, it will reinstate its 2004 policy of deferring to prior determinations of eligibility. Rescinded by the Trump administration, this policy directed officers...more

Manufacturing Industry’s Labor Shortage And Immigrant Workers

Jackson Lewis P.C. on 3/4/2021

The gap between jobs needing to be filed and the skilled talent pool capable of filling them continues to grow wider in many industries, particularly in the U.S. manufacturing industry. The ability to retain labor from...more

DHS Proposes Shift to Wage-Based H-1B Selection Process

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/10/2020

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations...more

All Aboard the U.S. Immigration Merry-Go-Round!

Dickinson Wright on 10/27/2020

It’s becoming clichéd at this point to start off saying that 2020 has been an almost unbelievably, non-stop, surprise-filled year, in nearly all aspects of our lives. That’s particularly true for US immigration, but not...more

What's at Stake for Immigration?

Jackson Lewis P.C. on 10/22/2020

The current administration’s course on immigration ushered in heightened standards for obtaining immigration benefits, restructuring visa allocations through executive orders and renewed and continues to emphasize immigration...more

DHS and DOL Publish Restrictive New Rules for H-1B and Other Visa Programs

Miles & Stockbridge P.C. on 10/13/2020

On October 8, 2020, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) published new regulations that could dramatically tighten the eligibility requirements for H-1B visa petitions and...more

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

Seyfarth Shaw LLP on 8/7/2020

The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

Foreign Workers and Offshoring Practices Targeted by Presidential Executive Order

Dentons on 8/7/2020

On August 3, 2020, President Trump signed yet another Executive Order implying that foreign workers harm the U.S. workforce. The Order applies only to federal contractors or subcontractors. It requires each agency to...more

USCIS To Increase Filing Fees While The Latest Executive Order Demands H-1B Compliance

Fisher Phillips on 8/6/2020

In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers. Fee Increases - On July 31, the Department...more

How The New Presidential Proclamation Regarding Non-Immigrant Visas Affects Your Company

Sheppard Mullin Richter & Hampton LLP on 7/1/2020

Presidential Proclamation- On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on...more

New Executive Order Restricts US Entry of Foreign Workers

ArentFox Schiff on 6/24/2020

President Trump has issued an Executive Order restricting foreign nationals from entering the US in various temporary work visa categories (H-1B, H-2B, L-1, and certain J-1 categories, restricting entry of family members...more

USCIS Eases Policy Guidance Around The Adjudication Of Certain H-1B Petitions

McCarter & English, LLP on 6/24/2020

On June 17, USCIS rescinded two policy memoranda and updated policy guidance dealing with the employer–employee relationship for H-1B petitions, including third-party site placements, and contracts and itineraries...more

USCIS Settles H-1B Cases Over Policies, Will Withdraw Onerous Guidance

Jackson Lewis P.C. on 6/8/2020

USCIS has entered into a broad settlement agreement that requires it to withdraw certain H-1B policies. H-1B denials have skyrocketed since 2017, especially following enactment of the “Buy American, Hire American” Executive...more

FH Immigration Alert: Presidential Proclamation Provides Details on President Trump's Temporary "Pause" on Green Card Processing

FordHarrison on 4/30/2020

This updates our Legal Alert of April 22, 2020, discussing President Trump’s tweet that he will “… temporarily suspend immigration into the United States!”...more

It Shall be Tweeted, It Shall be Written: Temporary Suspension of Immigrant Entry

Seyfarth Shaw LLP on 4/25/2020

Seyfarth Synopsis: The President’s Proclamation will pause the issuance of immigrant visas for those seeking lawful permanent residence (Green Card) status through consular processing at posts outside of the U.S. for the...more

President Trump Orders Temporary Hold on Immigration – Who’s Impacted? For How Long? What’s Next?

Jackson Walker on 4/24/2020

On April 22, 2020, President Donald J. Trump signed an executive order entitled “Proclamation Suspending Entry of Immigrants Who Present Risk to the US Labor Market During the Economic Recovery Following the COVID-19...more

What is the Impact of President Trump's Temporary Immigration Suspension?

Holland & Hart LLP on 4/24/2020

In light of the impact of COVID-19 on the U.S. labor market, on Monday President Trump tweeted “I will be issuing a temporary suspension of immigration into the United States.” Yesterday, the President signed an Executive...more

Special Immigration Alert: President Trump Temporarily Suspends Immigration; Canada Extends Non-Essential Travel Ban

Epstein Becker & Green on 4/23/2020

President Trump Signs Executive Order to “Temporarily Suspend Immigration into the United States” - On April 20, 2020, President Trump tweeted, “In light of the attack from the Invisible Enemy, as well as the need to...more

Executive Order on Temporary Suspension of Immigrant Visas Announced

Seyfarth Shaw LLP on 4/22/2020

Seyfarth Synopsis: Following a late-night tweet from the President on suspending immigration into the U.S., we have learned today that the President’s executive order (“EO”) on immigration will be limited in scope. ...more

Compass: Insights And Direction For Employers – Winter 2020

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/3/2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

[Webinar] The New Restrictive World of Business Immigration: Strategies to Hire and Maintain Foreign Talent - January 14th, 2:00...

UB Greensfelder LLP on 1/3/2020

Join Ulmer for a live webinar on January 14 at 2 p.m. (ET) as Partner David W. Leopold discusses what corporate counsel must know about navigating increasingly complicated policies aimed at business immigration....more

Increased Challenges for the H-1B

Mintz - Immigration Viewpoints on 12/6/2019

Anyone who works in legal or HR and handles work authorizations for their employees will agree that hiring foreign nationals or international transfers has become much more difficult under the current administration and its...more

USCIS Steps Up VISA Enforcement Activity

Burr & Forman on 11/20/2019

Employers who file I-129 petitions to sponsor foreign nationals for work visas make a number of representations to the U.S. Citizenship and Immigration Services (USCIS) about the terms of the foreign national’s employment,...more

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