In response to COVID-19 outbreaks, some Australian states and territories have enacted new restrictions and closed their borders. These restrictions include mandatory quarantines, COVID-19 tests, and the completion of either declaration or registration forms. Australia has remained closed to international travelers, unless you are an Australia citizen, resident, immediate family member, or meet a specified

Taiwan continues suspending the entry of visitors and resident visa holders until July 16.  Only foreign nationals with an Alien Resident Certificate are permitted to enter. Exceptions are being considered on a case-by-case basis for emergencies and on humanitarian grounds.  Continue reading on Mayer Brown’s The Mobile Workforce blog.

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Starting September 1st, 2021, Korean immigration will require visa waiver entrants (traveling for tourism or business) to obtain an electronic travel authorization, known as, K-ETA, at least 24 hours prior to travel.  Currently, K-ETA is an optional program but will become mandatory on September 1st.  Continue reading on Mayer Brown’s The Mobile Workforce blog.

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

This afternoon, the US District Court for the Northern District of California set aside two rules issued by the Trump administration pertaining to employer sponsorship of H-1B workers, both of which bypassed notice-and-comment rulemaking as required by the Administrative Procedures Act (“APA”):

  • The Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens

With employers across industries being impacted, recent changes to H1-B visa regulations by the Trump administration are likely to be reversed, said Liz Stern, head of Mayer Brown’s Global Mobility & Migration practice, in an October 26 HR Dive article.

Business groups—including the US Chamber of Commerce, the National Association of Manufacturers, National Retail

One of the top 10 issues affecting US immigration in the next 100 days will depend on the outcome of lawsuits challenging an overhaul of the eligibility, wage levels, and employment rules for the H-1B visa category, which governs the hiring of highly-skilled workers by US employers across industries. Today a leading group of business associations, including the US Chamber of Commerce, National Association of Manufacturers, Bay Area Council, and National Retail Federation, as well as number of educational institutions and associations, filed a lawsuit in the Northern District of California against the Departments of Homeland Security (DHS) and Labor (DOL) challenging the Strengthening the H-1B Program rule and the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States rule. The suit was filed in the Northern District of California. US Chamber CEO Tom Donohue issued the following statement with regard to the lawsuit:

Continue Reading Game-Changing H-1B Rules Challenged by Business and Academia

Executive Summary

The Trump Administration has introduced long-anticipated changes to the H-1B visa program for highly-skilled foreign workers, aimed at tightening eligibility for STEM talent working at major US employers, including by imposing a rigid requirement that any job offered to an H-1B worker require a single specific degree in a subspecialty, and that each H-1B candidate have that specific degree to qualify.

The changes, some of which come under immediate effect and all of which will likely face legal challenges, would make it tougher for applicants to qualify for an H-1B visa and significantly more expensive for employers to sponsor them for H-1Bs or for green cards.

The changes also will create high barriers for vendor partners to provide talent to major customers, as both the expense of new wages and specific requirements for vendors to renew their H-1Bs annually (or more frequently if statements of work provide for shorter periods), raise their costs substantially.


Continue Reading Trump Administration Issues Two New Rules to Restrict H-1B Visas and Increase Expenses for Employers Sponsoring Highly-Skilled Workers for Visas and Green Cards

The White House has announced issuance of two new rules, both of which will take effect immediately upon publication in the Federal Register:

  1.  The Department of Homeland Security’s H-1B rule,  “Strengthening the H-1B Non-immigrant Visa Classification Program,” which has been on the DHS regulatory agenda for many years, including its first appearance in Fall 2017