The new rules serve to implement Directive (EU) 2018/957 of 28 June 2018 (“Amending Directive”) amending Directive 96/71/EC (“Posted Workers Directive”) concerning the posting of workers in the framework of the provision of services. The aim of Directive (EU) 2018/957 is to balance the relationship between the freedom to provide services
President Trump Issues Executive Order Limiting Federal Employers’ Use of H-1B Visa
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
USCIS Lengthens Premium Processing Timeline and Implements Fee Increases, Among Other Adjustments
USCIS announced last week the implementation of adjustments that will slow the processing of Premium Processing Service cases, as well as increase filing fees for the majority of requests as part of a published Final Rule.
As covered in our previous blog post, a proposed Final Rule was reopened in January and the comment period extended to February 10. On May 27, 2020, the USCIS Fee Rule went to the Office of Management and Budget’s Office of Information & Regulatory Affairs (OIRA). OIRA completed its review on July 22, 2020, and the Final Rule was published on July 31, 2020.
In addition to lengthening processing for the Premium Processing Service and adjusting fees for petitions filed with USCIS, the Final Rule removes certain fee exemptions, changes fee waiver requirements, modifies intercountry adoption processing, and makes certain adjustments to filing requirements for nonimmigrant workers.
The Final Rule, including the adjusted fee amounts, is effective October 2, 2020. Any application, petition, or request postmarked on or after that date must include the new fees under the Final Rule.
Adjustment to Premium Processing Timelines
As part of the Final Rule, USCIS has adjusted the processing time for its Premium Processing Service, which provides accelerated processing of some visa submissions for an additional filing fee ($1,440). The Final Rule will increase the processing time from fifteen (15) calendar days to fifteen (15) business days. This change will increase processing times associated with the Premium Processing Service, which will provide less flexibility to employers and lengthen the time required to secure approvals of work authorization.
Changes to Filing Fees for Nonimmigrant and Immigrant Petitions
The Final Rule adjusts the USCIS fee schedule to “provide for recovery of the estimated full cost of immigration adjudication and naturalization services,” according to the language in the published Final Rule. DHS is adjusting USCIS fees by a weighted average increase of 20 percent, adding new fees for certain immigration benefit requests, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms.
Of particular note, USCIS has implemented varying filing fees for Form I-129, petitions with USCIS for H, L, O, E, and TN visas. Under the Final Rule, each non-immigrant category will be subject to a separate fee rather than the current fee of $460.
India Continues General Ban on International Travel While Extending Visa Grace Period
The Government of India has not yet eased its ban on international flights or consular processing services. The latest announcement from the Government confirms:
- All scheduled international commercial passenger services will remain closed until July 15, 2020, with exceptions for select routes for which international flights may be permitted made on a case-by-case basis.
- All
UK – Introduction of Assurance Interviews for Tier 2 Sponsors
The UK government has implemented a new form of compliance audit for Tier 2 sponsors conducted by UKVI as a telephone interview. The new process will supplement but not replace the established activity of full compliance audits that are carried out by the Sponsor Compliance Network at sponsor premises.
Starting on June 15, the
Suspension of H-1B, L-1 and H-2B Visas Reported To Be Under Consideration by the White House
On April 22, 2020, President Trump issued a “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 issuance of new immigrant visas to applicants who are outside the United States for 60 days. As reported on this blog, although the
Across the Brexit Finish Line – And Now What?
“At times it felt like we would never cross the Brexit finish line, but we’ve done it.” – Prime Minister Boris Johnson.
The dramatic June 2016 referendum in which 51.9% voted to leave initiated a long and arduous journey with multiple elections, extensions, and cliff-hangers. Tomorrow, on 31 January 2020 at 11 p.m. GMT, the Brexit “finish line” will be crossed, concluding the process that was triggered when, in March 2017, the UK government invoked Article 50 and initiated the withdrawal procedure. Britain’s Parliament has now ratified a Withdrawal Agreement with the EU via the European Union (Withdrawal Agreement) Act 2020. The European Parliament, in turn, voted to approve the agreement yesterday. This means that all of the formal ratification procedures have now been completed.
But even with the divorce agreed, the UK and EU still face negotiation of the terms of their future relationship. A transition (implementation) phase will occur in the interim, lasting until 31 December 2020 (or longer, if the government exercises its one-time right in July 2020 to extend the transition for two years). Negotiations during the transition need to cover an enormous range of issues, including trade, customs, and regulatory alignment (or nonalignment). This includes a new legal framework for immigration control after January 2021, when the transition period is set to end.
Continue Reading Across the Brexit Finish Line – And Now What?
UK Parliament Passes Amendment to Postpone Brexit Vote in Emergency Session on Saturday, October 19, 2019
Members of Parliament narrowly passed an amendment during an emergency session on Saturday, October 19, 2019, to postpone the decision on whether to vote “yes” or “no” to Prime Minister Boris Johnson’s Brexit deal. Parliament said it needed more time to review the deal, which Prime Minister Johnson concluded last week with European leaders. The primary aim of the amendment is to ensure the UK cannot leave the EU on October 31, 2019, the current Brexit date, without enacting detailed legislation governing the UK’s withdrawal from the EU.
Saturday’s vote effectively required the Prime Minister to request a third extension of the withdrawal date, which would postpone Brexit until January 31, 2020. Prime Minister Johnson, who had vowed never to seek an extension, sent an unsigned letter to the EU asking for the required three-month extension. But he also sent a signed letter to European Council President Donald Tusk urging EU leaders to turn down the extension request, and has stated he will bring his proposal back before Parliament on Monday, October 21, 2019.
Planned Weekend Immigration Enforcement Actions Magnify Need for Employers to Focus on Preparedness and Compliance
US Immigration and Customs Enforcement (“ICE”) has planned a series of nationwide raids this weekend to detain and remove thousands of undocumented immigrants, according to multiple national media reports. ICE officials have confirmed that agents will target at least 2,000 undocumented immigrants in at least 10 US cities for removal. In our Legal Update, we
White House Unveils Immigration Plan, Including The “Build America” Visa
President Trump unveiled his plan to “transform” the US immigration system, during a speech given at the White House on May 16, 2019. He emphasized two goals for his plan: “First, it stops illegal immigration and fully secures the border. And, second, it establishes a new legal immigration system that protects American wages, promotes American