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

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

US Citizenship & Immigration Services (USCIS), the agency within Homeland Security responsible for adjudicating applications and petitions seeking immigration and naturalization benefits, announced on Tuesday, August 25, 2020, that it will not engage in en masse staffing furloughs before the close of the fiscal year on September 30, 2020.  As previously reported on Mayer Brown’s Mobile Workforce blog, the agency had planned to furlough 13,000 USCIS staff, equal to 70% of its workforce, by August 31.

The planned furloughs were expected to dramatically reduce the agency’s ability to process immigration benefits, including visa petitions, green cards, citizenship, and other immigration benefits, with some predictions expecting the agency to come grinding to a halt.  While furloughs are off the table through at least September 30, the agency has signaled that users can expect significant delays, as the agency has had to engage in “aggressive spending measures” to offset the budgetary pressures that initially led it to identify a need for across-the-board furloughs.


Continue Reading USCIS Cancels En Masse Staffing Furloughs, Averting Near Total Shut-Down

On August 12, US District Judge Amit P. Mehta of the DC federal court ordered the federal government to turn over documents concerning the Trump administration’s coronavirus travel ban. As reported in an August 12 article in Law360, the federal government had until August 17 to hand over any policies, directives or orders.

Mayer

US Citizenship & Immigration Services (USCIS), the agency within Homeland Security responsible for adjudicating applications and petitions seeking immigration and naturalization benefits, announced on Friday that staffing furloughs originally planned to begin August 3, have been delayed until August 31.  The delays, which could have affected some 70% of USCIS staff engaged in processing these

The establishment of the COVID-19 virus as a global pandemic halted international movement for travelers around the globe since March. Countries across regions enforced varying levels of restrictions on incoming travelers, particularly for non-essential travel, as host governments attempted to restrict additional sources of infection through extraordinary means. Now, an increasing number of countries and regions are working together to bridge the once necessary divide by developing networks of “air bridges” and “travel bubbles” to allow cross-border travel where the virus appears to be under control. “Air bridges,” “air corridors,” “travel bubbles,” or “travel corridors” are reciprocal agreements between any number of countries that allow for non-essential travel, generally without requiring a self-isolated quarantining period upon arrival and return.

Continue Reading Air Bridges and Travel Corridors: Regional Travel Agreements in the Face of COVID-19

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

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

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.”

Continue Reading Suspension of H-1B, L-1 and H-2B Visas Reported To Be Under Consideration by the White House