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Paul W. Virtue

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The US District Court for the Northern District of California has issued an order temporarily enjoining President Trump’s proclamation suspending the entry of certain temporary workers.  On June 22, 2020, President Trump signed Proclamation 10052, Section 2 of which suspended the entry of foreign nationals seeking admission in four visa categories of substantial importance to US companies—H-1B, L-1, H-2B, and certain J-1 visas—for the remainder 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 a full discussion of the Proclamation, please see our blog post, Trump Order Suspends Major Visa Categories, Including H-1B and L-1, Through the End of the Calendar Year, With Rulemaking Restrictions to Follow. The ban only applied to individuals in these categories who were outside the United States when the Proclamation took effect; were not in possession of a nonimmigrant visa on that date; and had no other authorization to travel to the United States, such as a transportation letter, an appropriate boarding foil, or an advance parole authorization.
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Continue Reading Federal Judge Grants Preliminary Injunction in Case Challenging Nonimmigrant Visa Ban

Brexit with UK and EU flag

In February 2020, the Home Office of the UK government released a policy statement noting the details of a new era of immigration to launch in the wake of Brexit. The new system, which remains encapsulated in the February 2020 policy statement, is purported to fulfill the UK Government’s commitment to “take back control of…

Some 70% of the 20,000 employees of US Citizenship & Immigration Services, the agency within Homeland Security that adjudicates visa-related benefits for all foreign workers, could face furloughs starting as early as August 3, 2020, unless Congress provides $1.2 billion in emergency funding. This budget shortfall was caused by a dramatic decrease in the number…

In a media release issued on July 6, 2020, Immigration and Customs Enforcement (“ICE”) announced a rollback of the protections it afforded to foreign students in light of the COVID-19 outbreak. The July 6 release announced that foreign students will no longer be eligible for F-1 visas or to remain in the United States…

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In a sweeping attempt to curb legal immigration, the Trump administration issued a proclamation on June 22, 2020, applying a ban through the end of the calendar year on four visa categories of significance to US companies: the H-1B visa for specialty occupation professionals, the L-1 visa for intracompany executives and managers, the H-2B visa…

President Trump is expected to issue an executive order in the next several days either eliminating, or significantly limiting, the availability of non-immigrant visas in categories of substantial importance to US companies (H-1B visas for specialty occupation workers, L visas for intra-company assignees, and other related categories), as well as eliminating or substantially curtailing the…

toll bar, stop sign, road, zebra crossing

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 proclamation is currently limited to aspiring immigrants who are outside the United States and do not yet have a valid immigrant visa, it has the potential to affect other visa categories. Specifically, the proclamation requires the Secretary of Labor (“DOL”) and the Secretary of Homeland Security (“DHS”), in consultation with the Secretary of State, to review nonimmigrant programs within 30 days and to recommend “other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.”
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Continue Reading Suspension of H-1B, L-1 and H-2B Visas Reported To Be Under Consideration by the White House

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President Trump signed an executive order, the “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.  The order, which takes effect at 11:59 pm Eastern daylight time on April 23, 2020, is limited in its current scope, as it only affects individuals who are outside the United States and do not have a valid visa.

As reported in our post yesterday, the order thus does not currently impact temporary workers, such as H-1B specialty occupation workers, L-1 intra-company executives and specialized knowledge transferees from overseas, treaty visa holders including NAFTA entrants, O-1 extraordinary ability aliens, and F-1 students. Nine categories of aliens also are exempt from the order’s suspension and limitations on entry:

  1. lawful permanent residents;
  2. health care workers, medical research personnel, and other workers deemed essential to combat the spread of COVID-19, and their accompanying spouse and children, seeking to enter on immigrant visas;
  3. EB-5 immigrant investor visa candidates;
  4. spouses of US citizens;
  5. children under 21, including prospective adoptees, of US citizens;
  6. individuals whose work is deemed to further law enforcement objectives;
  7. US military personnel and their spouse and children;
  8. certain holders of Special Immigrant Visas and their spouse and children; and
  9. individuals whose work is deemed to further national security interests.

In addition, the order allows applications for asylum, refugee status, withholding of deportation, or other relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to continue without limitation.…
Continue Reading Trump Signs Executive Order Imposing 60-Day Pause on Green Card Issuance

toll bar, stop sign, road, zebra crossing

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 would be signed.

Presidents enjoy wide latitude when it comes to unilaterally setting immigration policy, including restrictions to entry of aliens or classes of aliens.  Section 212(f) of the Immigration & Nationality Act provides the president with the authority to “suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants,” or “impose on the entry of aliens any restrictions he may deem to be appropriate,” whenever the president finds that such entry would be “detrimental to the interests of the United States,” for “such period as he shall deem necessary.” 8 U.S.C.  §1182(f).…
Continue Reading Trump Says He Will Temporarily Suspend Immigration Because of Coronavirus Pandemic

Empty airport terminal waiting area

Many visitors and temporary workers are facing expiration of their authorized periods of stay in the United States at the same time they are being advised by employers, family, friends and health care providers to limit their exposure to crowded venues such as airports and airplanes.  In addition, some have been immobilized by government-imposed quarantines or travel restrictions. The following is a summary of US Citizenship and Immigration Services (USCIS) guidance posted on April 13, 2020, for nonimmigrant visa holders and Visa Waiver visitors who find themselves unable to timely depart the United States, and supplements Mayer Brown’s March 30 Legal Update “Guidance for Visa Holders and Visitors to Seek Additional Time in the United States Because of COVID-19 Travel Restrictions.”
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Continue Reading Multiple Courses to Seek Additional Time to Remain in the United States During COVID-19 Travel Restrictions