Executive Order

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Today, on “Immigration Day,” the Biden administration issued a series of executive orders relating to its major immigration policy priorities, including: (1) revising the “public charge rule,” (2) rebuilding faith in the legal immigration system, (3) implementing a humane migration and asylum system, and (4) creating a task force to reunite migrant children who were separated from their families under the Trump administration. In remarks made at the signing ceremony, President Biden stated that he is “not making new law” but unraveling prior administration policies. 
Continue Reading On “Immigration Day,” Biden Signs Orders to Reverse Prior Administration Policies

H-1B Wage Rule Delayed

Yesterday, the DOL announced that, consistent with the Biden administration’s regulatory freeze, it will delay the application of a last-minute Trump Administration order meant to revise the computation of prevailing wages employers are required to pay H-1B, H-1B1, and E-3 visa holders. The new effective date of the regulation is May 14, 2021. In the interim, the DOL will open a 15-day comment period starting on February 1st, with a subsequent 60-day review period.

If it goes into effect, the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States rule would have a significant impact on sectors that rely on foreign workers, including the tech industry. While the Biden administration has signaled its intent to reverse the Trump administration’s H-1B policies, it is not clear that this regulation will be withdrawn. The Biden administration has expressed an interest to reform the temporary visa system so that “they are aligned with the labor market and not used to undermine wages.”
Continue Reading H-1B Wage Rule Delayed, Secretary Blinken Confirmed at State, and DHS Nominee Mayorkas Reportedly to be Filibustered

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 decreed on Monday, January 18, that the entry bans on most of the European Union, the United Kingdom, and Brazil would end as early as January 26, just six days after Mr. Biden takes office, citing the decision last week by the administration to require international travelers to present either the results…

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 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 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…

President Donald Trump’s tweet late Monday night, April 20, 2020, that he would suspend immigration temporarily “[i]n light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens,” led to widespread speculation across the business community that the president was instituting a blanket ban…

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…

traveler in airport

In an article discussing how the Trump Travel Ban 3.0 has taken shape, Law360 quotes Liz Stern as she describes the realities of the travel restrictions imposed on foreign nationals from the impacted countries: Chad, Iran, Libya, North Korea, Syria, Venezuela, Somalia and Yemen.  She also describes the effect on foreign nationals not directly impacted …