Today, the Supreme Court—in a 5-4 decision—invalidated the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (“DACA”) program, which provides protection against deportation and work authorization for 700,000 undocumented individuals who were brought to America as children. Mayer Brown submitted an amicus brief—which the Court cited—on behalf of 143 trade associations and businesses
President Trump is expected to issue an executive order in the next several days either eliminating, or significantly limiting, the availability of non-immigrant visas in categories of substantial importance to US companies (H-1B visas for specialty occupation workers, L visas for intra-company assignees, and other related categories), as well as eliminating or substantially curtailing the
On April 22, 2020, President Trump issued a “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” to pause issuance of new immigrant visas to applicants who are outside the United States for 60 days. As reported on this blog, although the
President Donald Trump’s tweet late Monday night, April 20, 2020, that he would suspend immigration temporarily “[i]n light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens,” led to widespread speculation across the business community that the president was instituting a blanket ban
In a tweet late Monday, April 20, 2020, President Trump said he will issue an executive order temporarily suspending immigration “in light of the attack from the Invisible Enemy” and the “need to protect the jobs of our GREAT American Citizens.” The White House did not provide any immediate clarification, including when an executive order
US Citizenship and Immigration Services (USCIS) guidance posted on April 13, 2020, provides nonimmigrant visa holders and Visa Waiver visitors who find themselves unable to timely depart the United States, with options to remain in the United States lawfully. Our post on the COVID-19 Response Blog, “Multiple Courses to Seek Additional Time to Remain in
Employers who employ international talent, including graduates of US university programs, have been preparing for the annual H-1B “cap subject” petition filing process since early this calendar year. H-1B petitions for specialty occupation workers who are graduating from university programs, moving to the United States for the first time, or transitioning from a different visa category to the H-1B, are subject to an annual quota of 65,000, with an additional pool of 20,000 reserved for graduates of US advanced degree (master’s or higher) programs.
This year, USCIS launched an Electronic Registration Process for the first time, requiring employers to pre-register their H-1B candidates and pay a $10 per-candidate registration fee. The registration period opened on March 1, and will close at noon ET on March 20, 2020. By this point in the process, with only two working days before the close of the period, employers need to verify and check that their H-1B registrations all reflect the status of “submitted” in the government database.
Continue Reading As March 20 Fast Approaches, Where Do Your H-1B Cap Cases Stand?
On Wednesday evening, March 11, 2020, President Trump announced a ban on travel from Europe to the United States for 30 days, a sweeping new measure that will take effect on at midnight on Friday, March 13, 2020. Travel from the United Kingdom will be exempt from the ban, and there will be exceptions for Americans who have undergone health screenings. Currently, Americans entering from banned countries, such as China and Iran, are required to enter through designated airports, so they may undergo health screenings and, if needed, quarantine procedures.
Continue Reading President Trump Announces 30-day Suspension of Travel from Europe Due to Coronavirus
A federal judge ruled that US Citizenship and Immigration Services (USCIS) improperly denied an H-1B petition by attempting to impose a subspecialty requirement that is not warranted by the governing statute, regulation, or legislative history. US Magistrate Judge L. Patrick Auld rejected USCIS’s assertion that the offered position in the case did not qualify as an H-1B “specialty occupation” because it did not require a degree in a specific subspecialty and could be filled by workers with degrees in more than one discipline, such as different types of engineering degrees.
Continue Reading USCIS Dealt a Blow by Federal Judge Rejection of Its Narrow H-1B Degree Interpretation
According to media reports, President Trump, speaking to reporters ahead of a meeting with health researchers on March 2, 2020, indicated the United States will consider extension of travel restrictions beyond the People’s Republic of China and Iran. The president said the administration has been “very stringent,” but is now looking at “other countries that have been badly affected.” He cited Italy, Japan, and South Korea as “hot spots” under close review.
Continue Reading US Travel Ban May Expand to “Hot Spots” Abroad