White House Immigration

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Nearly half of the executive orders signed by President Biden on his first day in office reverse the immigration policies of the Trump administration.  The Biden administration’s actions included reversing the ban on visa issuance and travel from Muslim-majority countries, placing an immediate pause on funding construction of a wall along the country’s southern border, and requiring testing negative for COVID-19 to enter the United States.  The new administration’s swift action underscores the priority placed on immigration policy, as forecasted here.  We outline each executive order signed, with plans to further address the executive actions most critical to employers and businesses.  
Continue Reading President Biden’s First Executive Orders Focus on Reversing Trump Administration Policies

The White House with waving American flag

On his first day in office, President Biden is taking a series of actions to realize his vision for US immigration policy.  Fulfilling one of his major campaign promises, President Biden has introduced a comprehensive immigration reform bill, “The U.S. Citizenship Act of 2021” (the “Act”).  The Act seeks to establish “a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere.”  We provide a summary of the bill’s proposals here.
Continue Reading President Biden’s Day One Immigration Priorities

On December 31, 2020, the Trump Administration issued Presidential Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market, continuing restrictions on certain work visa and green card issuance through the end of March 2021.  Citing improved but still persistent unemployment figures caused by COVID-19, the new Proclamation extended two prior executive actions that have limited employers’ ability to sponsor foreign workers for residency and work in the United States:

  • Presidential Proclamation 10014, which suspended the issuance of new immigrant visas to applicants who were outside the United States as of April 24, 2020, and
  • Presidential Proclamation 10052, which, as reported here, suspended new H-1B, L-1, H-2B, and certain J-1 visa issuance for individuals who were outside the United States as of June 23, 2020; were not in possession of a nonimmigrant visa on that date; and have no other authorization to travel to the United States, such as a transportation letter, an appropriate boarding foil, or an advance parole authorization. The Department of State (DOS) has confirmed that the ban does not prohibit visa applications and travel into the United States by H-1B and L-1 nonimmigrants who are resuming “ongoing employment in the United States in the same position with the same employer and visa classification.”

Continue Reading Trump Administration Extends Bans on Issuing Certain Work Visas and Green Cards Until March 31, 2021

Executive Summary

The Trump Administration has introduced long-anticipated changes to the H-1B visa program for highly-skilled foreign workers, aimed at tightening eligibility for STEM talent working at major US employers, including by imposing a rigid requirement that any job offered to an H-1B worker require a single specific degree in a subspecialty, and that each…

The White House has announced issuance of two new rules, both of which will take effect immediately upon publication in the Federal Register:

  1.  The Department of Homeland Security’s H-1B rule,  “Strengthening the H-1B Non-immigrant Visa Classification Program,” which has been on the DHS regulatory agenda for many years, including its first appearance in Fall 2017

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COVID-19 developments, including the White House ban on green card applications made at US consulates abroad, economic changes, and reduced cross-border travel, reduced the volume of applications for immigrant visas in recent months, creating excess supply in employment-based (EB) immigrant quotas.

As a result, the US Department of State (DOS) adjusted the EB quotas to allow certain individuals who previously faced lengthy waits of up to multiple years to file for adjustment of status (AOS) to US permanent residency in the month of October 2020.Continue Reading Executive Summary: The Gate to US Permanent Residency Opens in October 2020

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 14, 2020, President Trump issued an Executive Order that has redefined the country’s relationship with Hong Kong. The Executive Order appears to be in retaliation to the Chinese government’s legislative actions in May that imposed national security measures on Hong Kong. Specifically, the President denounced the actions of the People’s Republic of China…

On June 22, 2020, President Trump signed Proclamation 10052, suspending four visa categories of substantial importance to US companies—H-1B, L-1, H-2B, and certain J-1 visas—for the rest of the calendar year and laid the groundwork for regulatory changes to transform when and how employers can sponsor foreign workers to work in the United States. For…

President Trump signed a proclamation on June 22, 2020, suspending four visa categories of substantial importance to US companies – H-1B, L-1, H-2B, and certain J-1 visas – for the rest of the calendar year, and laid the groundwork for regulatory changes to transform when and how employers can sponsor foreign workers to work in the United States. The executive order does not affect visa holders already in the United States who do not travel abroad, or those who are abroad but have already obtained a visa or other travel document. Additionally, the order extends the provisions of the President’s April 22, 2020, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” which suspended for 60 days the issuance of new immigrant visas to applicants who are outside the United States.

The order also includes a mandate for subsequent rulemaking to address a wide-ranging series of measures including imposition of new recruitment and compliance obligations on employers, development of a revised regulatory scheme for allocation of and eligibility qualification for H-1B visas, and provision of enhanced investigative and exclusionary authority for consular and port officials.

The June 22, 2020, proclamation immediately extends the immigrant visa suspension, while the entry restrictions for H-1B, L-1, H-2B, and J-1 visas will take effect on June 24, 2020 at 12:01 a.m. EDT. Both provisions are effective until December 31, 2020.
Continue Reading Trump Order Suspends Major Visa Categories, Including H-1B and L-1, Through the End of the Calendar Year, With Rulemaking Restrictions to Follow