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USCIS to Resume Issuing EADs, But Face Backlog

Jackson Lewis P.C.·

USCIS may be close to negotiating an agreement that would mean EADs for thousands of foreign nationals with approved applications will finally start to be produced . Yet, first-time EAD applicants who are in H-4 or L-2 status may still face impediments. In March, when the COVID-19 crisis began and U

National Interest Exemptions to Visa Restrictions

Jackson Lewis P.C.·

The Department of State (DOS) has provided more details to the Consulates on the national interest exemption under President Donald Trump’s June 22, 2020, executive order. The “Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus

Update: USCIS Selects Additional H-1B Cap Registrations for FY 2021 Cap

Jackson Lewis P.C.·

There have been rumors floating that USCIS might be selecting more H-1B cap registrations for the FY 2021 cap. Those rumors appear to be true. As of August 14, 2020, registrants have received emails with notifications of further selections. A USCIS spokesperson said , “that full visa petitions for t

U.S. Agencies Agree to Share Information in New Enforcement Initiative Targeting H-1B and Immigrant Workers

Littler·

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) have jointly announced a new initiative to share data and records on immigrant and nonimmigrant petitions and workers. The purpose of the initiative is to facilitate investigations of an employer's suspected fraud or misuse of the H-1B

U.S. Consulates and Embassies to Begin Phased Resumption of Visa Services

Ogletree Deakins·

On July 14, 2020, the U.S. Department of State announced that U.S. consulates and embassies around the world have begun a phased resumption of routine visa services. The Department of State did not provide a specific timeline for the resumption of routine visa services, stating instead that the sche

DHS Rolls Back Some Temporary COVID-19 Exemptions for Certain International Students

FordHarrison·

Executive Summary: The U.S. Department of Homeland Security (DHS) recently announced that it is rolling back some of the temporary COVID-19 pandemic exemptions for international students in F-1 and M-1 status that allowed them to take online classes. For the fall 2020 semester, international student

Students on F-1, M-1 May Be Removed, ICE Announces

Jackson Lewis P.C.·

U.S. Immigration and Customs Enforcement (ICE) has announced that students in F-1 or M-1 nonimmigrant status will not be able to remain in or enter the United States if they are taking only online courses during the upcoming fall semester. This is a last-minute change from the flexibility that stude

White House Issues Amendment to Presidential Proclamation on Suspension of New Work Visas

Jackson Lewis P.C.·

The White House has issued an amendment to the June 22, 2020 , Presidential “ Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak ” to clarify an issue regarding those who are outside the scope of the Proclamation. According to the a

No Visas For You

Jones Walker LLP·

In April, President Donald Trump imposed a 60-day ban on permanent resident cards issued abroad. The ban was supposed to expire on June 22. On that day, he signed an executive order that (1) extended this ban through the end of 2020 and (2) now restricts foreign nationals from outside

As the Dust Settles: Unpacking the Recent Presidential Proclamation on Visa Entry Restrictions

Littler·

On Monday, June 22, 2020, the White House announced a temporary suspension on new work visas, which will be in place until at least the end of this calendar year. The order blocks entry for those who enter the country under certain visa categories, such as the H-1B and

USCIS Workers Put on Furlough

Jackson Lewis P.C.·

Since May, USCIS has been threatening furloughs of three-quarters of its workforce in August if it does not receive a $1.2 billion loan and an average 21% increase in fees to take care of its budget shortfall. Reportedly, more than 13,000 of the 20,000 USCIS employees who work on citizenship

Administration Steps Closer to Issuing End Dates on Student Visas

Jackson Lewis P.C.·

Immigration and Customs Enforcement (ICE) continues to push forward a proposed rule that would set a maximum period of authorized stay for students. Although the details of the rule are unknown, the draft reportedly has been sent to the federal budget office for review . This is generally the last s

New Work Visas Suspended Under Presidential Proclamation Until End of 2020

Jackson Lewis P.C.·

The day before his previous Proclamation on immigrant visas was to expire, President Donald Trump signed the “ Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak ” to extend his previous immigrant visa restrictions and suspend

The Trump Administration Bans New Temporary Workers

CDF Labor Law LLP·

By: The Trump Administration Bans New Temporary Workers On June 22, 2020, the Trump Administration issued yet another travel ban Executive Order. Aimed at protecting the US labor market from foreign competition and ameliorating high unemployment brought on by the COVID-19 lockdowns, this ban prevent

New Proclamation Formalizes Temporary Ban on Entry for Nonimmigrants Seeking to Enter on H-1B, H-2B, L-1, and J-1 Visas

Littler·

On June 22, 2020, and citing economic recovery needs and unemployment due to the pandemic, President Trump issued “ Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak ,” outlining expected new temporary restrictions on H-1B, H-2B, J

Trump Administration’s New Order Extends and Expands Ban on Entry to the United States for Certain Visas

Ogletree Deakins·

On June 22, 2020, the Trump administration issued a presidential proclamation suspending the entry of individuals to the United States on select nonimmigrant visas, including H-1B, H-2B, J-1, and L-1 visa holders, as well as their dependents.

Administration Planning Additional Restrictions on Non-Immigrant Visas?

Jackson Lewis P.C.·

Additional restrictions on entry into the U.S. may be expected soon. Initial indications are that the Administration is considering barring H-1B, H-2B, L-1, and J-1 status among other non-immigrant visa categories. On April 22, 2020, President Donald Trump issued the “Proclamation Suspending Entry o

Administration Places New Limits on Chinese Journalists, Airlines

Jackson Lewis P.C.·

Journalists and airlines are the two latest groups affected by the deterioration in the relationship between China and the United States. Since the “tariff wars” and the onset of COVID-19, the relationship between China and the United States has become ever more complicated. In early May, the Trump

Administration to Revisit Reforming F-1 Optional Practical Training Program

Jackson Lewis P.C.·

The Trump Administration has talked about reforming the F-1 Optional Practical Training (OPT) program for years. It first appeared on the 2017 DHS Regulatory Agenda as a proposed new rule . The stated purpose of the rule was to increase protections for U.S. workers through additional oversight and t

Lawmakers Seek Additional Immigrant Visas for Doctors, Nurses to Ease Shortage of Healthcare Workers

Jackson Lewis P.C.·

A bi-partisan group has introduced a new bill in both the House and the Senate that would make additional immigrant visas (green cards) available to doctors and nurses. The Healthcare Workforce Resilience Act (HWRA) would ease the long wait lines for green cards that make the U.S. a less attractive