Mayer Brown Global Mobility

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In the past three weeks (since February 24, 2022), approximately 3.5 million people have left Ukraine due to the Ukraine / Russia crisis, and many experts believe that number will continue to climb.  Among the issues employers need to address is support for employees trying to leave the country as well as resources for those that remain.  Mayer Brown’s Ukraine Crisis: Movement Options for People Departing Ukraine is an interactive resource for up-to-date information on the international community’s response to the movement of people from Ukraine.
Continue Reading Ukraine Crisis: Movement Options for People Departing Ukraine

Following Russia’s invasion of Ukraine, the UK Government has published details of how it is assisting Ukrainian nationals who find themselves in challenging UK immigration scenarios.

We set out below a summary of the current guidance which we will look to update on a regular basis.  The full guidance can be found here:

Support for…

The Department of Homeland Security (DHS) published details in the Federal Register about how it will implement the temporary “safe haven” program, also called Deferred Enforced Departure – (DED), for certain Hong Kong residents in the United States. The notice also provides instructions for employers regarding acceptable documentation to hire workers under this program.
Continue Reading U.S. Government Issues New Details of Safe Haven Program for Hong Kong Residents

The U.S. government administers an annual Diversity Immigrant Visa Program that, historically, offers one of the most expeditious paths to legal permanent residency and the American dream. Registration is currently open through November 9, 2021. The application is submitted electronically and registration is open to candidates around the globe, including to foreign workers in the United States who seek a “fast-track” to permanent residency.
Continue Reading Registration for U.S. Diversity Visa Program Open Until November 9

Stock image of glasses with job text beneath them

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

Mayer Brown announced that Elizabeth (Liz) Espín Stern, managing partner of the firm’s Washington DC office, has been recognized in Corporate Counsel’s 2021 Women, Influence & Power in Law Awards in the “Innovative Leadership” category. The awards honor general counsel, in-house leaders and law firm partners who have demonstrated a commitment to advancing the empowerment…

On October 8, 2021, President Biden officially set an annual ceiling of 125,000 for refugee admissions to the United States during Fiscal Year (FY) 2022. This number represents the maximum number of refugees that may be admitted to the United States through September 30, 2022. The President set the annual refugee ceiling after consulting with members of the Senate and House Judiciary Committees.
Continue Reading White House Raises the Cap on Refugee Admissions to 125,000

On July 6, 2021, the Department of State extended the validity of National Interest Exceptions (NIE) for travelers subject to restrictions under the COVID-19 travel bans (Presidential Proclamations 9984, 9992, 10143, and 10199).  Unless otherwise indicated, existing NIEs will be valid for 12 months from the date of approval and for multiple entries, as long as they are used for the purpose under which they were granted.
Continue Reading State Department Extends Validity of National Interest Exceptions

The official 30 June deadline to submit an initial application under the EU Settlement Scheme (“EUSS”) has now passed.  There were a flurry of last minute applications and reports of people being unable to submit their applications due to technical difficulties caused by the number of people logging onto the on-line form.  There is a significant backlog of applications and some applications have yet to arrive with the Home Office as they had to be submitted by post.  Fortunately, whilst an application is pending, an applicant continues to have the right to live and work in the UK.

Whilst the deadline for applications has come and gone, there may still be hope for some who may not have managed to submit an application in time.Continue Reading Closure Of The EU Settlement Scheme – Not Quite The End . . . Yet