Today, the U.S. District Court for the District of Massachusetts announced that the federal government has agreed to rescind, on a nationwide basis, a policy that could have required hundreds of thousands of immigrant students studying at U.S. institutions to leave the country and likely curtail their studies. In the litigation challenging this policy, Mayer Brown represented and filed an amici curiae brief on behalf of 19 businesses and business associations that collectively power the U.S. economy.

Continue Reading Trump Administration Abandons Plan That Would Have Required International Students Taking Fully Online Courses to Leave the Country

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

In June, the Trump administration announced a temporary suspension of H1-B and other US work visas. This decision has already had repercussions for corporate legal departments—larger workloads and new logistical hurdles, for starters. Liz Stern, who leads Mayer Brown’s Global Mobility & Migration practice in Washington DC, shares her insights in a July 2 article

Effective Wednesday, June 24, 2020, the US President issued a Proclamation that restricts travel to the United States for certain temporary visa holders in three relevant categories of substantial importance to companies, for the remainder of the year: Please see below for Japanese summary.

トランプ米政権は、多くの企業が使用している下記の就労ビザを使った外国人のアメリカへの入国を今年年末まで停止する大統領令を発表した。本大統領令は、本年6月24日から効力を持つ。

  • H-1B(専門職用ビザ。様々な階級の従業員向けで多く利用される。)
  • L-1(企業内役員、管理職、専門職などの従業員向けビザ。シニアの従業員に利用されることが多い。)
  • J-1(インターン、研修生、教師、キャンプカウンセラー、オーペア、サマー・ワーク&トラベルプログラム参加者向けビザ。利用はそこまで多くなく、ジュニアレベルの従業員に用いられることが多い。)

本大統領令は、各国に所在する米国大使館の各種の新規移民ビザ発給手続きを60日間停止した本年4月22日付大統領令(“Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,”)の条項を延長するものでもある。ただし、米国国内に滞在し、企業のスポンサーを受けて、米国市民権・移民業務局(USCIS)で「グリーン・カード」(米国永住権)の取得手続中の当事者(つまり、海外に所在する米国大使館を通じて手続を行っていない当事者)に影響はない。


Continue Reading トランプ米政権による米国就労ビザ発給停止について 概要

As discussed in earlier posts, substantial uncertainty exists over whether companies in bankruptcy are eligible to pursue funding pursuant to the SBA’s Paycheck Protection Program, or PPP, which was established by the CARES Act to support small businesses by offering SBA-guaranteed loans on advantageous terms. Litigation has ensued, with jilted companies looking to restructure in

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

The plethora of economic policy commitments to support business in the UK and the US in the face of COVID-19 can be difficult to navigate. Our lawyers recently held a webinar in conjunction with PLI to provide an overview of the various support schemes implemented in the UK and the US, focusing on UK schemes such as the Coronavirus Business Interruption Loan Scheme (“CBILS”); UK Coronavirus Job Retention Scheme (aka Furlough Scheme); the COVID Corporate Financing Facility (“CCFF”); and on Financial Conduct Authority (“FCA”) reforms and working capital assistance for UK listed companies. It also considered emergency relief measures in the US, including the Federal Reserve’s Paycheck Protection Program Liquidity Facility.

Continue Reading COVID-19: UK and US Economic Support Mechanisms

Many plan administrators and participants have struggled with how to satisfy certain qualified plan spousal consent rules while social distancing guidelines have been in effect. The US Internal Revenue Service (IRS) provided much-needed relief on that topic in Notice 2020-42, published on June 3, 2020 (the Notice).

By way of background, IRS regulations require

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