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Grace Shie is a partner in Mayer Brown’s Washington DC office and a member of the Employment & Benefits group focusing on global mobility and immigration. She advises multinational companies on employee mobility and management of the work corps across the globe, including in major financial centers and emerging markets. Grace’s background includes five years in Hong Kong where she managed a top-ranked immigration practice covering Greater China and coordinated matters for clients in the Asia-Pacific region. Grace, who is fluent in Mandarin, continues to maintain a practice focus on inbound expatriate movement into China and Hong Kong, as part of Mayer Brown’s new global worksite initiative. In addition, she has a longstanding command of US immigration and manages global immigration matters across all worldwide regions.

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On July 18, 2023, Canada’s newly announced program offering open work permits to holders of U.S. H-1B visas closed after it reached the maximum number of applicants – less than two days after its launch. Under the Canadian government’s “Tech Talent Strategy,” ten thousand open work permits have been made available to foreign nationals who hold H-1B specialty occupation visas from the United States. The program is intended to improve the mobility of high-tech talent in North America by expanding the options for H-1B holders facing long waits for U.S. permanent residency (i.e., green cards). While the popularity of Canada’s program was widely expected, the speed with which the 10,000-permit limit was reached underscores the high demand for labor mobility in North America among employers and employees alike.Continue Reading Canada’s Work Permit Program for U.S. H-1B Visa Holders Maxes Out in 48 Hours, as U.S. Conducts Second H-1B Lottery

In a significant move aimed at streamlining and providing additional flexibilities to the employment verification process, the Department of Homeland Security announced a final rule granting certain employers the authority to utilize an optional alternative when examining Form I-9 documentation. The announcement follows the agency’s proposed rulemaking in August 2022 designed to explore alternative means

On June 27, 2023, the Canadian government announced a new “Tech Talent Strategy” aimed at increasing the country’s attractiveness to global talent. Central to the government’s strategy is a program that offers three-year open work permits to foreign nationals who hold H-1B specialty occupation visas in the United States. Spouses of US H-1B visa holders would also be eligible for work authorization in Canada, and children would be eligible for study permits. The Tech Talent Strategy also includes provisions that promote Canada as a destination for digital nomads, improve the allocation of visas to startup companies, and streamline work permit processes. The open work permit program for H-1B visa holders is set to go into effect on July 16, 2023.Continue Reading Canada Offers Open Work Permits to US H-1B Visa Holders as Part of “Tech Talent Strategy”

The European Commission has delayed the implementation of the European Travel Information Authorization System (ETIAS). ETIAS is an automated electronic visa waiver program intended to facilitate travel across borders in Europe while better identifying security risks for the Schengen bloc. ETIAS was previously set to be launched in May 2023 but delayed until November 2023. With this new announcement, the launch of ETIAS is likely delayed until 2024.Continue Reading EU Delays Launch of Electronic Visa Waiver Program

Effective January 5, 2023, the United States will require nearly all air travelers from the People’s Republic of China (PRC), Hong Kong, and Macau to present a negative COVID test or documentation of recovery before boarding their departing flight, according to a press release from the Centers for Disease Control & Prevention (CDC). The test must be taken within two days of departure. The new precaution applies regardless of the traveler’s nationality, and only individuals under age two are exempt. The move represents the first new COVID-related travel restriction imposed by the United States since the rollback of pre-travel testing requirements earlier this year. The United States joins a growing number of countries that are considering COVID-related precautions for travelers from China following the abrupt end of the PRC  government’s “Zero COVID” strategy.Continue Reading United States Imposes COVID Testing Requirements on Travelers from China

In advance of hosting the FIFA World Cup in late 2022, Qatar has announced new restrictions on the entry of foreign nationals. Specifically, all foreign nationals seeking to enter Qatar as visitors will need to carry a “Hayya” Card as of November 1, 2022. Visitors must hold match tickets in order to qualify for the Hayya, which can be applied for online. Qatari citizens and foreign nationals holding a residence permit may continue to enter Qatar as usual. Qatar’s move to require foreign visitors to hold match tickets in order to enter the country has been anticipated since a draft decision of the Ministry of Interior earlier this year.Continue Reading Qatar Restricts Visitor Entry During World Cup

As of July 2022, Costa Rica officially opened the application process for the country’s new remote worker visa under the immigration category “Stay (Estancia) for Remote Workers and Service Providers.” Like many countries, Costa Rica suffered a hit to its tourism sector during the COVID-19 pandemic. The country created the digital nomad visa in an effort to attract long-term visitors and stimulate the local economy. The law enabling the new visa category was signed in August 2021, but administrative and logistical requirements have delayed implementation until now.Continue Reading Costa Rica Launches New “Digital Nomad” Visa

The European Commission has announced the creation of an automated electronic visa waiver program, the European Travel Information Authorization System (ETIAS), to be launched in May 2023. The new visa waiver program is intended to facilitate travel across borders while better identifying security risks for the bloc. ETIAS is one of several recent updates to the European Union’s migration scheme, including the digitalization of Schengen visas.Continue Reading EU Announces Long-Awaited Electronic Visa Waiver Program

What’s the State of Play Today?

  • Low unemployment rates and a shortage of STEM talent continue to drive visa sponsorship of foreign workers by US employers.
  • H-1B visas have a ceiling of six years, unless workers are sponsored by their employers for “green cards” early in the process (typically by year four).
  • Many employers, particularly in the tech arena, are offering foreign workers “green card” sponsorship as of the start date with the company as a recruitment incentive.
  • Companies sponsoring workers for employment-based green cards are required to show as part of the application process that they couldn’t find any qualified American workers to fill the job, a job market testing program known as “PERM” sponsorship.
  • A major technology company agreed on October 19, 2021 to pay a financial penalty of up to $14.25 million, which includes $4.75 million to the US government and up to $9.5 million to eligible victims of alleged discrimination.
  • The government’s suit claimed that the company had illegally reserved jobs for foreign workers it was sponsoring for permanent residence instead of searching for and considering available US workers.
  • The Department of Justice complaint alleged that the company improperly deviated from normal recruiting standards by requiring applications for PERM-sponsored roles to be mailed to the company rather than, as was the standard practice for general recruiting, submitted online.
  • The complaint further alleged that the company did not post these positions on its careers website, as was its standard practice for general recruiting, which appeared to result in very low numbers of US worker applications for the PERM roles.
  • The Department of Labor (DOL) also executed a settlement with the company based on its audit of certain of the company’s pending PERM applications, in which the company agreed to engage in additional notice and recruitment for US workers and as a result of which the company will face ongoing audits by DOL.
  • As part of the settlements, the government will monitor the company’s PERM program for the next three years, and DOL will conduct additional audits of the company’s PERM filings.

Continue Reading Sponsoring Foreign Workers for Green Cards in 2021: Top 10 Issues for Employers to Validate in the Wake of a $14.25 Million Financial Settlement