Photo of Timothy C. D'Arduini

On August 3, 2020, President Trump issued an Executive Order (“EO” or the “Order”) directing the heads of all agencies that enter into contracts to review the impact of contractors and their subcontractors employing H-1B visa holders on the wages and employment opportunities of US workers. Specifically, the EO directs all federal agencies to review

On July 18, 2020, Immigration and Customs Enforcement (ICE) issued an extension of a temporary policy allowing certain employers to conduct remote review and inspection of I-9 documentation for new employees. The policy was set to expire on July 19, but has now been extended through August 19, 2020. The extension provides employers with additional

On Sunday, July 19, 2020, a temporary Immigration and Customs Enforcement (ICE) policy allowing employers to conduct remote reviews of I-9 supporting documentation is set to expire. Unless the policy is extended, many employers will once again be required to conduct in-person inspections of new employees’ documentation, raising concerns about employers’ ability to comply

Some 70% of the 20,000 employees of US Citizenship & Immigration Services, the agency within Homeland Security that adjudicates visa-related benefits for all foreign workers, could face furloughs starting as early as August 3, 2020, unless Congress provides $1.2 billion in emergency funding. This budget shortfall was caused by a dramatic decrease in the number

Beginning on March 17, 2020, the Schengen Member States as well as the four Schengen Associated States (collectively the “Member States”) temporarily restricted all non-essential travel from third countries into the European Union.  These restrictions extended until July 1, 2020, when the EU Council recommended that Member States begin to permit entry from travelers residing

President Trump signed an executive order, “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 for 60 days the issuance of new immigrant visas to applicants who are outside the United States.  The order, which takes effect at 11:59 pm Eastern

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?

As of February 24, 2020, US Citizenship and Immigration Services (USCIS) is free to impose the regulation it unveiled in August 2019, which gives its officers significantly expanded authority to deny visas and green card applications from immigrants and prospective immigrants whom the government determines rely, or could rely, on certain public benefits like food stamps and government housing programs.  A narrowly divided Supreme Court lifted the nationwide injunction in January 2020, ruling 5-4 that the administration could begin enforcing the controversial policy, leaving lower courts to wrestle with multiple lingering legal actions challenging the rule.  On February 21, 2020, the Supreme Court lifted the last remaining injunction, which had applied to Illinois residents.

As a result, USCIS has reissued new versions of existing application and petition forms which include attestations regarding the redefined public charge policy.  USCIS has also issued a new form, “Declaration of Self-Sufficiency” (Form I-944), which requires comprehensive information about a beneficiary and accompanying family’s assets, resources, and financial status, including liabilities, debts, credit report and credit score, health insurance, and public benefits. Form I-944 also requires information about the beneficiary’s educational history and skill level.
Continue Reading The Top Issues For Global Employers as Nationwide “Public Charge” Rule Affects Millions of Visa and Green Card Applicants

On April 22, 2019, the Department of State published a final rule setting out procedures that allow consular officers to discontinue granting visas to nationals of a country subject to sanctions under § 243(d) of the Immigration and Nationality Act.

Section 243(d) provides that—when notified by the Secretary of Homeland Security that a foreign country government has denied or unreasonably delayed accepting an alien who is the citizen, subject, national, or resident of that country and is subject to a final order of removal from the United States— the Secretary of State shall order consular officers in that foreign country to “discontinue granting” immigrant visas, nonimmigrant visas, or both to citizens, subjects, nationals, or residents in that country. The Secretary of State imposes these visa sanctions by issuing an order to consular officers that describes the category or categories of visas and applicants subject to discontinuation of visa grants.


Continue Reading New Department of State Rules Empower Consulates to Discontinue Visa Issuance to Nationals of Countries Sanctioned under INA 243(D)