The Biden administration announced on May 11, 2021, that it is restoring a never-fully-utilized Obama-era program allowing foreign entrepreneurs to temporarily stay in the United States to oversee and grow their startup businesses.

A subsection of the U.S. Department of Justice’s (DOJ) Civil Rights Division, the Immigrant and Employee Rights Section (IER), formerly the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), enforces the anti-discrimination provision of the Immigration and Nationality Act and the accompanying regulations (8 U.S.C. § 1324b and 28 C.F.R. Part 44).

An opportunity exists with the administration change, through employment-based immigration, for our region to thrive, businesses to innovate and employers to meet staffing needs.

The Trump administration published two new regulations on October 8, 2020, that make significant changes to the H-1B visa rules and to the prevailing wage requirements for PERM labor certification applications as well as H-1B, H-1B1, and E-3 workers.

The holiday season and holiday shopping may look a little different this year, especially as more purchases are made online.

The U.S. Citizenship and Immigration Service (USCIS) announced on August 19, 2020, that foreign nationals may present evidence of employment authorization (Form I-797, Notice of Action) approval instead of an actual Employment Authorization Document, also known as an EAD card until December 1, 2020.

On August 3, 2020, U.S. Citizenship and Immigration Services issued a final rule making significant changes to immigration and naturalization related filing fees.

On August 12, 2020, the U.S. Department of State released implementation guidance related to two recent presidential proclamations restricting visa issuance and travel for foreign workers. 

On June 29, 2020, President Trump issued an amendment to his June 22, 2020, proclamation which temporarily suspended entry of certain nonimmigrant groups into the United States as a result of the COVID-19-related economic crisis.

President Donald Trump on June 22, 2020, signed an executive order extending until December 31, 2020, and expanding on his April 22, 2020, proclamation, temporarily suspending the entry of certain immigrants into the United States.

The proclamation was amended on June 29, 2020, please see our summary of the amendment.  

There are indications that President Donald Trump may expand his April 22, 2020, proclamation, which temporarily suspended the entry of certain immigrants into the United States.

On May 29, 2020, President Donald Trump issued a proclamation restricting the entry of certain Chinese national students and researchers into the United States pursuant to F or J visas to study or conduct research in the United States.

The U.S. Department of Homeland Security (DHS) has announced that it is extending Form I-9 compliance flexibility.

On April 22, 2020, President Trump signed an executive order limiting immigration, temporarily blocking entry into the United States of certain foreign nationals currently outside of the United States seeking U.S. permanent residency.

On April 20, 2020, President Trump stated that he would temporarily suspend immigration into the United States.

Companies affected by COVID-19 must carefully consider immigration implications for all foreign national and expat employees, including issues of immigration compliance.

U.S. Citizenship and Immigration Services (USCIS) announced on December 6, 2019, that it has completed testing and will implement a new online registration process for the upcoming H-1B cap-subject visa season that begins on March 1, 2020.