White House Immigration

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

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

A legal battle over the future of hundreds of thousands of individuals presently in the United States based upon Temporary Protected Status (“TPS”) continues following the Trump administration’s steps to end TPS for certain individuals.

What is TPS?

The United States provides TPS to nationals of certain countries based upon conditions in the country that temporarily prevent the country’s nationals from returning safely, such as ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. At present, 10 countries are designated for TPS: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen. A May 2018 report from US Citizenship and Immigration Services noted that 437,402 individuals held TPS status as of December 31, 2017.
Continue Reading Legal Battle Over Temporary Protected Status Continues

As the longest federal government shutdown in United States history endures, Law360 discusses how the lack of government funding has impacted the field of business immigration.  Although most business immigration processes remain largely unaffected, US Citizenship and Immigration Services, the State Department, the Department of Labor, Customs and Border Protection, and US immigration courts have

The federal government has entered its fourth week of a partial shutdown since December 22, 2018 because of a budget impasse between Congress and the White House.  This shutdown is the longest since 1995-1996, when the federal government was closed for 21 days, and now represents the longest lapse in federal funding in recent history.

Many agencies and departments continue operations through this shutdown because of previously approved funding bills or the essential nature of their personnel.  The information below summarizes the operating status of agencies responsible for immigration-related activities most relevant to employers.
Continue Reading US Government Shutdown Impact on Immigration-Related Services

A federal judge has barred President Trump’s recent asylum ban, now forcing the administration to accept all migrants crossing the southern border who seek protection, rather than limit asylum requests to U.S. ports of entry. As of last evening, Judge John Tigar of the U.S. District Court of Northern California issued a temporary restraining order

In a 5-4 decision issued on Tuesday, June 26, 2018, the US Supreme Court upheld the president’s broad statutory authority to suspend the issuance of visas to nationals of certain countries in the interests of national security. Finding the September 24, 2017, Proclamation 9645 (“Proclamation”) to be neutral on its face, the Court rejected the arguments of the State of Hawaii that the ban was a thinly veiled attempt to ban Muslims from the United States in violation of the Establishment Clause of the US Constitution and the Immigration and Nationality Act (“INA”).

“By its plain language, [the INA] grants the president broad discretion to suspend the entry of aliens into the United States,” the majority opinion, authored by Chief Justice John Roberts, states. “The president lawfully exercised that discretion based on his findings—following a worldwide, multiagency review—that entry of the covered aliens would be detrimental to the national interest. And plaintiffs’ attempts to identify a conflict with other provisions in the INA, and their appeal to the statute’s purposes and legislative history, fail to overcome the clear statutory language.”


Continue Reading Supreme Court Upholds Trump’s Third Travel Ban