Mar 18, 2020
H-1B Premium Processing will not be available when filing period opens April 1, 2020. It should be available for Petitions requesting a change of status from F-1 to H-1B no later than May 27, 2020, and for all others no sooner than June 29, 2020. For now, suspension only applies to FY2021 H-1B Cap Petitions. Unclear how COVID-19 will affect Premium Processing availability more generally. Learn more in this blog.
Mar 15, 2020
Effective 11:59 PM March 16, 2020, recent visitors to the United Kingdom and the Republic of Ireland will also be banned from traveling to the United States. Learn more in this blog.
Mar 15, 2020
USCIS announced Friday, March 13, 2020, that the Public Charge Rule does not restrict access to testing, screening, or treatment of communicable diseases, including COVID-19. In addition, the rule does not restrict access to vaccines for children or adults to prevent vaccine-preventable diseases. Learn more in this blog.
Mar 15, 2020
The Department of Justice (DOJ) and the Executive Office of Immigration Review (EOIR) announced late Friday that Immigration Courts are postponing non-detained Master Calendar Hearings beginning Monday, March 16, 2020 through April 10, 2020 for hearings in Newark, New York City, Los Angeles, Sacramento, San Francisco and Boston. The Seattle Immigration Court was previously closed indefinitely in response to the outbreak. Unfortunately, at the risk of further spreading COVID-19, EOIR maintains that all other Immigration Court locations remain operational—this includes the Philadelphia Immigration Court. Learn more in this blog.
Mar 13, 2020
ICE is aiming at 15,000 Audits this year. For audited companies, the 30 days that the Audit notice gives them to present perfect Form I-9s is daunting. It represents at least three significant threats: 1) fines and penalties, 2) management and administrative disruption, and 3) business disruption if any of the employees are found to be “unauthorized workers.” Learn more in this blog.
Mar 12, 2020
United States is now barring entry to non-U.S. Citizens/Lawful Permanent Residents physically present in almost all of Europe within 2 weeks of seeking admission – even those with valid immigrant or nonimmigrant visas – effectively closing off most European travel to United States. Learn more in this blog.
Mar 10, 2020
Every person we employ in the U.S. has to complete a Form I-9, Employment Eligibility Verification form (“Form I-9”). The burden is on the employer to make reasonably sure that we both employ authorized workers and document their work authorization correctly. Many people, in and out of government, share the view that foreign nationals working without authorization should share some of the penalty with companies unintentionally employing people who don’t have authorization. Learn more in this blog.
Mar 4, 2020
The United States is now barring entry to non-U.S. Citizens/Lawful Permanent Residents physically present in Iran within two weeks prior to seeking admission – even those with valid immigrant or nonimmigrant visas. Like February’s proclamation, immediate relatives of U.S. Citizens/Lawful Permanent Residents and NATO/UN/Diplomatic personnel amongst those exempted. Learn more in this blog.
Mar 4, 2020
I-9 Audits are a real threat to operations. Do we take worksite enforcement on our own terms or let the government dictate it to us? We don’t have to be reactive, we can own the process. The best way to approach worksite enforcement is to address the issues at a time and in a way of our choosing. Learn more in this blog.
Mar 3, 2020
A week since the implementation of the Public Charge Grounds (Final Rule), we offer a summary and assessment of its impact. Gain a general understanding of the Public Charge Final Rule and an analysis useful to determining whether someone is likely to be excluded or removed as a public charge in this blog.
Feb 26, 2020
A new version of the Form I-9, Employment Eligibility Verification (Form I-9) was released on Friday, Jan 31, 2020. The only things that appear to have changed are the version date (it is now 10/31/2019) and the expiration date (it is now October 31, 2022).
Feb 18, 2020
Due to shortages in the labor market, employers for highly skilled positions have lowered minimum qualifications. Less skilled laborers are able to move more easily between manufacturing and construction jobs. New immigration policies may force some construction companies out.
Feb 5, 2020
On January 31, 2020, the U.S. Department of State announced a revised reciprocity schedule for the Netherlands. In short, the revisions include fee increases and validity period decreases for specific visa classifications (E-1/E-2, F-1/F-2, L-1, and R-1). Learn more in this blog.
Feb 3, 2020
Employers must execute a Form I-9, Employment Eligibility Verification (Form I-9) on all employees. The current version is required and a new version was released on Friday, Jan 31, 2020. Learn about new changes to the form in this blog.
Feb 2, 2020
According to President Trump’s Proclamation, as of 5:00PM EST on February 2, 2020, the United States will severely prohibit the entry of immigrants and nonimmigrants traveling to the United States within 14 days of having been physically present in mainland China. Learn more in this blog.
Jan 31, 2020
On January 29, 2020, President Trump signed the implementing legislation for the U.S.-Mexico-Canada Agreement (“USMCA”), which is set to replace the nearly 25-year-old NAFTA. Learn more in this blog.
Jan 28, 2020
Thirteen states and the District of Columbia issue some form of driving permission to foreign nationals who don’t have permission to work in the US. Providing documents to those who aren’t lawfully present creates a two-tier identity document system. Learn more in this blog.
Jan 23, 2020
On January 21, 2020, President Trump confirmed at the World Economic Forum Annual Meeting in Davos a long-rumored plan to expand the existing Travel Ban to additional countries. Learn more in this blog.
Jan 2, 2020
Immigration and Nationality Law Attorney Emily M. Cohen joins International North American Immigration Law Firm Green and Spiegel, LLC as a Partner in 2020. Learn more in this press release.
Dec 27, 2019
On December 13, 2019, United States Citizenship and Immigration Services (USCIS) published new Good Moral Character (GMC) guidelines for its Immigration Services Officers (ISO). Among other adjudications, ISOs make decisions on the Form N-400, Application for Naturalization (Naturalization Application), by which foreign nationals seek citizenship in the United States. Learn more in this blog.