
On January 20, 2025, President Donald Trump invoked the National Emergencies Act (NEA), citing a national crisis at the southern US border. National Emergency at Southern Border Declared by President Trump| Insights| Mayer Brown
In an Era of Change
On January 20, 2025, President Donald Trump invoked the National Emergencies Act (NEA), citing a national crisis at the southern US border. National Emergency at Southern Border Declared by President Trump| Insights| Mayer Brown
President Trump’s first week in office provided a clear roadmap of his policy priorities and the beginning of a significant overhaul of immigration policies. His “Protecting the American People Against Invasion” executive order sheds light on the direction the Administration will take in immigration enforcement. For employers, the order may impact the type of work…
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
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 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 Thursday, August 8, 2019, the US Department of Justice (DOJ) announced that it will hold a public workshop on September 23 to discuss “the role of antitrust enforcement in labor markets and promoting robust competition for the American worker.” This workshop marks another step in the government’s ongoing efforts to address what it sees…
On May 31, 2019, the US Department of State (“DOS” or “Department”) updated its visa application forms to require persons seeking US visas to disclose their social media identifiers. The DOS defines “identifier” to include any name used on a social media platform like Facebook, Instagram, or Twitter. The Department’s FAQs state that the information…
Last Thursday, President Trump unveiled an immigration plan that prioritizes skilled workers entering the United States and introduces a new “Build America” visa based on a points-based system. Law360 spoke to Mayer Brown’s Elizabeth Espin Stern and Paul Virtue about the potential impact of the plan, including whether raising the bar for what constitutes a skilled worker might reduce the overall number of skilled workers admitted into the United States. Read the article here.
Continue Reading Elizabeth Stern and Paul Virtue Offer Commentary on New Immigration Plan
Every January, employers go into high gear to prepare H-1B cap-subject petitions for filing on the first business day of April. This year, employers must also monitor for potential regulatory changes to the filing process. On December 3, 2018, the Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register titled “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens.” The 30-day public comment period closed January 2, 2019, and employers remain in wait for the impact to this year’s cap-subject filings. While President Trump tweeted about H-1B changes that “are soon coming,” it is not clear whether they relate to the proposed rule.
The proposed rule seeks to accomplish two goals: streamline the H-1B selection and filing process by creating a pre-registration system, and increase the chances of selection for H-1B petitions eligible for the advanced degree exemption by reversing the order in which the cap lotteries are run.
US Citizenship & Immigration Services (the agency responsible for immigration benefits within DHS) received over 800 comments on the proposed regulation, including comments from the US Chamber of Commerce, the American Medical Association, and the American Immigration Lawyers Association. The public comments criticize the proposed timeline and logistics, identify impacts stretching beyond immigration law, and suggest that the proposed rule may face court challenges if implemented:Continue Reading Impact of Proposed H-1B Rule on Annual Cap Filings