The Canadian federal government has made a series of announcements regarding travel, quarantine, and testing requirements for travelers arriving by air and by land.  These new measures form part of the government’s efforts to prevent the spread of new, more contagious COVID-19 variants feared to be introduced by travelers from overseas.  As of the date

Canada.  Today the Canadian Government announced rules further restricting international travel. According to the government’s press release:

  • Flight suspension.  All flights to and from Mexico and Caribbean countries suspended until April 30, 2021, in effect as of Sunday, January 31, 2021.
  • Routing Through Four Canadian Airports.  Effective midnight (11:59 PM EST) February 3, 2021,

Italy has become one of the first countries to waive the quarantine requirement for travelers who arrive on designated “COVID-free” direct flights.  By an ordinance issued by the Italian Ministry of Health, passengers who have tested negative for COVID-19 will be allowed to travel to Italy without being subject to the current 14-day quarantine measures

UK Prime Minister Boris Johnson confirmed on Monday that the United Kingdom is considering changes to its self-isolation requirements for inbound international travelers, including a possible mandatory hotel quarantine period for those entering the UK.

The country currently requires travelers to have tested negative for COVID-19 within 72 hours before their travel and to fill out a passenger locator form that includes where they will be staying.  Once in the UK, travelers must quarantine for ten days, unless they show a negative test five days after being in the UK.  With certain, limited exceptions, travelers must isolate in one location, and it must be the location listed on their passenger locator form.  Slightly different rules apply in Scotland, Wales, and Northern Ireland.
Continue Reading UK Looks to Australia for Changes to Traveler Self-Isolation Protocols

In a proclamation issued Monday, President Biden banned travelers from entering the United States if they recently spent time in the United Kingdom, Ireland, Brazil, the Schengen Area, or South Africa. Citing its goal of curbing the spread and health impact of COVID-19, particularly novel strains of the virus arising in Brazil, South Africa, and

Several countries around the globe have imposed COVID-19 testing as part of their pre-travel requirements.  In line with these measures, Australia has joined the list of countries requiring COVID-19 testing, with the Department of Home Affairs in Australia announcing new measures.  Commencing on January 22, 2021, anyone traveling or transiting through Australia must provide evidence

On the cusp of the transition of power to President Biden, the Trump administration is pressing forward with three separate rulemakings restricting the H-1B visa program, which employers rely on to hire foreign workers for specialty professions, including in the pivotal science, technology, engineering, and mathematics (“STEM”) fields. The new rules seek to substantially increase the price tag on engaging H-1B talent, narrow eligibility of foreign workers whose academic degrees are not singularly tied to their job role, restrict third-party worksite assignments, and tie the chances of being selected in what has become an annual lottery to those filling senior positions at higher wage levels.

H-1B visas are generally the only way highly educated foreign nationals, including international students, can become employment-based immigrants and contribute to research and development, scientific and technological advances, and new businesses. If the Trump administration rules are allowed to stand, employers will face significant operational challenges, as all H-1B filings – including amendments, extensions, and new cap-subject petitions – will be affected.

The Biden administration will have several tools at its disposal to circumvent the suite of H-1B rules, as well as any other rules issued during the lame duck period between the election and the inauguration – so-called “midnight rules.” These include:
Continue Reading Late-Breaking H-1B Rulemaking By Trump Administration Subject to “Midnight Rule” Rollback by New President

Over the weekend, countries across Europe announced travel bans on the United Kingdom, with the growing list of countries spanning all other regions of the globe.  The restrictions come in the wake of the discovery of a new (and possibly highly transmissible) COVID-19 strain in the United Kingdom, coupled with the UK prime minister’s Saturday announcement of the strictest domestic movement restrictions to-date, including a new Tier 4 “stay at home” level alert for parts of England (encompassing London).  Similar cases of the mutated virus have appeared in Australia, Denmark, and the Netherlands, while a new strain, different from that discovered in the United Kingdom, has been identified in South Africa.
Continue Reading Travel Bans Imposed On the UK Following Discovery of New Strain of COVID-19

Tonight I had the pleasure of participating in the Financial Times North American Innovative Lawyers Award, which were “live” online tonight, December 10, 2020.  Kudos to hosts Reena Sengupta, Managing Director of RSG Consulting, and Robert Grange and Robert Armstrong of the Financial Times, for running a flawless event.  The silver lining for not being together in New  York participating in the gala event was that we, the in house law departments and outside firms on the short list for awards, could invite our full corps.  In my case, I had the pleasure of inviting many colleagues, including the associates who worked throughout the past nine months to ensure we maintained fluid, seamless connectivity with our clients as they and we worked together to surmount the challenges of the COVID-19 pandemic.
Continue Reading Financial Times Awards Focus on Innovation During COVID-19 Pandemic

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.

Continue Reading Federal Judge Grants Preliminary Injunction in Case Challenging Nonimmigrant Visa Ban