Apr 07, 2021
Presidential Proclamation 10052, suspending H-1B, H-2B, J and L admissions, expired March 31, 2021. Ongoing 2019 novel coronavirus (“COVID-19”) public health travel restrictions remain in place requiring travelers from certain areas to qualify for national interest exceptions. U.S. Consulates are still operating at reduced levels and will have to work through backlogs as the pandemic ends. Learn more in this blog.
Feb 24, 2021
On February 24, 2021, the U.S. Citizenship and Immigration Service (USCIS) announced that it would immediately provide the option of Premium Processing for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification, which applies only to Australian nationals coming to the U.S. to perform services in a specialty occupation. The USCIS premium processing service allows petitioners to pay an additional filing fee of $2500 to ensure a government response within fifteen days. Until now, this service was not available for the E-3 category. Learn more in this blog.
Feb 05, 2021
President Joe Biden wasted no time when, on February 2nd, just two weeks after taking office, he followed through on some of his campaign promises through three executive orders aimed at dismantling the Trump administration’s ‘America First’ immigration agenda. The three orders bring the total number of executive orders on immigration to nine in just two weeks since he’s been in office. Learn more in this blog.
Jan 27, 2021
As of January 26, 2021, all passengers on international flights to the United States must show a negative viral test for COVID-19. Requirement applies to all passengers, even U.S. Citizens, and as of right now proof of vaccination is not a substitute. Viral test must be taken within 72 hours of travel. Post-arrival self-quarantine also suggested. No testing requirements required at this time for travelers entering the United States at land crossings or by sea.
Jan 20, 2021
Restrictions on travelers from Schengen Area countries, the UK/Ireland, and Brazil, set to expire on January 26, 2021, though Biden expected to reinstate. Elevated standard for H-1B employer-employee relationship may be sidelined as a “midnight regulation” and would be subject to legal challenges, though may have slightly stronger chance of surviving in some form. Learn more in this blog.
Dec 16, 2020
With limited international flights and country-specific restrictions, leaving the United States may present issues up front. Ongoing travel restrictions, consular closings, visa suspensions, and other issues may hinder readmission to the United States. In particular, direct travel from mainland Europe, the UK/Ireland, Brazil, Iran, and mainland China to the United States remains very limited, and may require an exception. Certain H, L, and J Visas remain unavailable through the end of the year, and routine visa services continue to be sporadic and subject to cancellation. These restrictions may change in the coming weeks depending on COVID-19 developments in the United States and around the world.
Nov 18, 2020
The incoming Biden Administration has set forth an ambitious plan to reform the nation’s immigration system. His proposals, if successfully enacted, will dramatically expand programs to benefit immigrants, increase nonimmigrant visas, strengthen asylum protections, boost operational efficiency, and hopefully ease backlogs that have stymied the U.S. immigration system for years. Learn more in this blog.
Oct 30, 2020
The Trump Administration has announced a major change in the process for filing cap subject H-1B petitions. The proposed rule would replace the current random selection process by which USCIS selects H-1B registrations for filing of H-1B Cap-subject petitions with a system that prioritizes the selection of H-1B registrations by first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment. Learn more in this blog.
Oct 09, 2020
As we approach the November elections it has never been clearer that this country faces upheaval and challenges that will bring about dramatic, lasting, and hopefully vital changes to our nation and its people. Here, we compare how the two candidates have and will handle immigration policy in the United States.
Oct 07, 2020
On October 7, 2020 The U.S. Department of Homeland Security (DHS) has announced an Interim Final Rule (IFR) designed to tighten the H-1B visa program (and other Labor Condition Applications visa processes) in order to make it more difficult for employers to displace U.S. workers. Learn more in this blog.
Aug 20, 2020
Green and Spiegel’s U.S. Practice Director and Managing Partner, Jonathan Grode, has been recognized in The Best Lawyers in America (2021 Edition). This is Jonathan’s first time receiving this award.
Aug 19, 2020
Foreign national employees of U.S. companies struggle to return to their employment because of Trump Administration travel restrictions.
There are exemptions written into those restrictions but they have been difficult to access with closed consulates and embassies and a lack of guidance.
The U.S. Department of State (DOS) has begun issuing visas and consular services are becoming more available.
August 12, 2020 guidance lays out approaches to getting exemptions to travel restrictions through U.S. consulates and embassies and may help people apply for exemptions through the U.S. Department of Homeland Security (DHS).
Carefully framed requests for these exemptions is a remedy for some foreign workers seeking to work for U.S. employers.
Jul 16, 2020
• Derivatives of H, J, and L exempted from Executive Order and/or in the United States also exempted.
• Immigrant Visa applicants protected against aging out.
• Valid Diversity Visas will not be revoked.
• Irish, UK, and Schengen F-1/M-1 may travel without National Interest Exception.
Jul 07, 2020
The Global Entry Program has been closed since March 19th due to COVID-19. Its reopening has been postponed until at least August 10th, 2020. Because of the continued closure applicants have 485 days from their conditional approval to complete the enrollment application. Those who scheduled interviews in July and early August must reschedule their appointments. The Enrollment on Arrival program remains operational. Residents of New York State are still ineligible for Global Entry and other Trusted Traveler Programs.
Jun 26, 2020
• Changes now in effect.
• Unless subject to an exception, U.S. Department of State will not issue new or renewed nonimmigrant visas in the effected classes until December 31, 2020.
• Likewise, suspension of immigrant visa issuance also extended through December 31, 2020.
• No timeline on resumption of routine, in-person visa services.
Jun 25, 2020
• Changes now in effect.
• Canadians and Bermudians excluded from Executive Order by virtue of being visa exempt.
• All foreign nationals with presently valid H-1B, H-2B, J-1, and L-1 Visa holders also excluded, even if they have not entered the United States as of June 24.
• Other questions still remain.
Jun 23, 2020
-Changes go into effect 12:01AM EST on June 24, 2020 and unless lifted or enjoined will remain in place through at least December 31, 2020.
-Suspends admission of H-1B, H-2B, L-1, and certain J-1 nonimmigrants and their dependents who are outside the United States and who do not have valid visas or other valid travel document as of the effective date.
-Also extends existing suspension of immigrant visa issuance through December 31, 2020, subject to previously announced exceptions.
-Individuals seeking a change to one of the affected statuses within the United States or who have a valid visa are not covered by the Executive Order are able to continuing processing.
-Does not include Lawful Permanent Residents,spouses/children of U.S. Citizens, essential workers in food supply chain, and other individuals whose admission would be in the “national interest.”
-Other nonimmigrant workers (E-3, TN, H-1B1, O, P, etc.) are not included.
-Many questions remain with respect to interpretation and implementation.
Jun 21, 2020
Proposed suspension of issuing H-1B, L-1, J-1, and H-2B Visas for the remainder of 2020. Would not impact individuals within the United States, unclear how it will impact those who already have these visas. Broad exceptions for foreign nationals whose admission would be in the national interest. Will update after reviewing the signed Executive Order.
May 30, 2020
Effective 11:59 PM March 26, 2020, recent visitors to Brazil will also be banned from traveling to the United States. U.S. Citizens, Lawful Permanent Residents, immediate relatives of U.S. Citizens/Lawful Permanent Residents, and NATO/UN/Diplomatic personnel amongst those who continue to be exempted. Travelers returning from restricted countries subjected to significant delays and uncertainty at designated airports as restrictions take effect.
Apr 23, 2020
Effective 11:59 PM April 23, 2020 and for the next 60 days thereafter, some individuals outside the United States seeking an immigrant visa will be prohibited from processing that request. Suspension may be extended beyond 60 days, and measures to limit nonimmigrant visa processing may arrive next month. Learn more in this blog.
Apr 22, 2020
Less than 24 hours after his initial announcement that he would be signing an Executive Order to halt all immigration to the United States, President Trump announced on Tuesday afternoon that his forthcoming Executive Order would not, in fact, suspend all legal immigration to the United States. Instead, the Order, which is still being drafted and/or reviewed by government attorneys, will suspend the issuance of certain green cards for 60 days. Learn more in this blog.
Apr 21, 2020
In a late night tweet on April 20, President Trump announced that he would be signing an Executive Order to temporarily suspend immigration into the United States. The President’s rule via tweet fiat contained no details as to whom this Executive Order would affect, and the White House has yet to provide further clarification as to the Order’s content, timing, or legal justification. Learn more in this blog.
Apr 17, 2020
Amy from Aussie Recruit and Jonathan from Green and Spiegel are hosting a 30 minute update on impacts to Visas caused by Coronavirus (COVID-19). Learn more about this event and register here.
Apr 06, 2020
In light of international travel restrictions due to the COVID-19 situation, the United States Department of State (DOS) has granted an automatic two (2) month extension to J-1 Exchange Visitors under the Au Pair, Intern, Trainee, Scholar, and Specialist categories. Any J-1 program that had an expiration date between April 1 and May 31, 2020 will be granted a two-month extension in order to provide exchange visitors the opportunity to complete their programs and to continue to finalize travel plans to return home. Learn more in this blog.
Apr 03, 2020
The Department of Labor’s Office of Foreign Labor Certification (OFLC) remains fully operational amidst the COVID-19 pandemic and continues to process and issue prevailing wage determinations and labor certifications that meet all statutory and regulatory requirements. Learn more in this blog.
Mar 20, 2020
The United States Department of State has announced that all routine visa services will be suspended on a temporary and indefinite basis, in light of the COVID-19 pandemic. In recent weeks, multiple countries have announced a hold on non-emergency services and appointments. This is the first announcement putting a hold on all routine services around the world. 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 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 04, 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.
Feb 05, 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 02, 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.
Nov 26, 2019
The CONSTRUCTION INDUSTRY EMPLOYEE VERIFICATION ACT (“the Act”) became Pennsylvania law on October 7, 2019 and takes effect on October 6, 2020. The Act requires that all Pennsylvania-based construction companies utilize the E-Verify system for Forms I-9 (Employment Eligibility Verification). Learn more in this blog.
Nov 01, 2019
It was announced yesterday that the reciprocity schedules for various visa classifications for French nationals have once again changed. The visa categories which will be affected by this proposed change are as follows: E, F, H, L, and R. Learn more in this blog.
Oct 29, 2019
The proposed change to the E visa validity period for French nationals will not take effect. Green and Spiegel has confirmed that the proposed change has been put on hold and French nationals can continue to obtain the E-1 and E-2 visa classification for up to 60 months at a time. Learn more in this blog.
Aug 29, 2019
The revised reciprocity schedule for E visa classifications for France announced that the validity period of E-1 and E-2 visas issued to French foreign nationals would be reduced to 15 months, down significantly from a maximum validity period of five years (or 60 months). The roll-out date has been pushed back. Learn more.
Aug 21, 2019
On August 20, 2019, the U.S. Department of State announced a revised reciprocity schedule for France for the E visa classification. Specifically, the validity period of E-1 and E-2 visas issued to French foreign nationals has been drastically reduced to a mere 15 months. Learn more in this blog.
Jun 14, 2019
Congratulations to Andy Shung-Heun Jeon of Abington Senior High School in Montgomery County, Pennsylvania, who has just won the Jonathan A. Grode New American Scholar Award. This scholarship is awarded on an annual basis to an immigrant of a first generation American who has shown academic excellence. Learn more in this blog.
May 10, 2019
This year, the American Bar Association Section of Labor & Employment Law International Labor and Employment Law Committee had their Midyear Meeting from May 5-9. The event was held at the Park Hyatt Hotel in Buenos Aires, Argentina. Read the full event recap here.
May 03, 2019
On Thursday April 25th, U.S. Practice Director Jonathan Grode curated a conversation for the Philadelphia Chapter of the American Immigration Lawyers’ Association as part of their April Chapter Dinner. The insightful, hour-long discussion conversation was between Jonathan and Mr. Frank Real, a Forensic Auditor at Homeland Security Investigations with Immigration and Customs Enforcement (“ICE”). Learn more in this blog.
May 02, 2019
Green and Spiegel, LLC will be at the next Venture Café Thursday Gathering on May 2nd! Don't miss Jonathan Grode's session about Immigration for Entrepreneurs at 4:30-5:30pm. More programs and event details here.
Apr 29, 2019
On April 19, 2019, United States Citizenship and Immigration Services (“USCIS”) issued an update to their Policy Manual to clarify their position regarding individuals employed by the legal cannabis industry in both the United States and abroad. This memorandum declares all employees of the legal cannabis industry as showing a lack of “good moral character” for Naturalization purposes, even though their conduct is not a violation of many state laws or the federal law of other nations where cannabis has been fully legalized (Canada and Uruguay). Learn more in this blog.
Apr 16, 2019
On Tuesday, April 9th 2019, Green and Spiegel U.S. Practice Director, Jonathan Grode, and Mountain West Practice Director, Amy Jill Novak, convened with a panel of local business leaders at the Vail Symposium in Edwards, CO. These lawyers and business people met to talk about immigration law and policy, specifically the challenges for companies who hire seasonal foreign workers. Learn more in this blog.
Apr 05, 2019
The Social Security Administration (SSA) has resumed notifying employers if the information reported on an individual employee’s W-2 form does not match the SSA’s records by sending them “Request for Employer Information” letters, also known as “no-match” letters. Learn more in this blog.
Mar 27, 2019
Last week, U.S. Practice Director and Managing Partner Jonathan Grode attended the Employment Rights & Responsibilities Committee Midwinter Meeting on Mar 19-23 at the Four Seasons Hotel in Las Vegas, Nevada. Read the event recap here!
Feb 15, 2019
Over the past two weeks,Immigration and Customs Enforcement (“ICE”) has arrested more than 100 students and 8 recruiters connected with the University ofFarmington, located in the suburbs of Detroit, Michigan. The University of Farmington is a fake university the Department of Homeland Security (“DHS”) established to ensnare not only foreign nationals seeking employment authorization while studying in the United States, but also the recruiters who sold them this program. Learn more.
Feb 14, 2019
Jonathan Grode of Green and Spiegel, LLC has been selected as a winner of the Lexology Client Choice award for providing top caliber client service in the business immigration law field.
Jan 03, 2019
ICE’s published statistics mirror our own experience in 2018, as our firm has received an unprecedented number of inquiries from employers receiving visits from HSI. We strongly advise that employers should take proactive and/or remedial measures – such as internal Form I-9 audits -- in order to avoid the costly and unfavorable consequences of ICE audits that can damage businesses and their employees’ welfare.
Dec 05, 2018
On December 3, 2018, the Department of Homeland Security (“DHS”) published a proposed rule that, if adopted, will fundamentally alter the H-1B Cap process, replacing the current lottery with an electronic registration system that has the potential to save time, money, and headaches for all H-1B stakeholders.
Nov 15, 2018
When Congress reconvenes in Washington following the Thanksgiving holiday, it may be Irish Nationals that have most cause to be grateful.
Aug 29, 2018
Earlier this year, we reported on an apparent change to USCIS’ website that would prohibit F-1 Students working under STEM Optional Practical...
Jul 31, 2018
Last week we wrote in detail about the upcoming USCIS policy change whereby the agency will commence issuance of Notices to Appear (NTAs) for...
Jul 25, 2018
On June 28, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum in PM-602-0050.1 regarding when the agency will issu...
Jun 27, 2018
On Tuesday, June 26, 2018, in a 5-4 decision in Hawaii v. Trump, the Supreme Court of the United States upheld President Donald Trump's 2017 travel...
Jun 22, 2018
The oldest daily law journal in the United States, The Legal Intelligencer, has named Green and Spiegel LLC’s U.S. Practice Director Jonathan...
Jun 07, 2018
Since May 2016, F-1 STEM graduates have enjoyed up-to three years of employment authorization through post-completion Optional Practical Training (...
May 18, 2018
This week, the Associated Press (AP) reported that Immigration and Customs Enforcement (ICE) has opened 2,282 audits between October 1 and May 4, 2...
May 18, 2018
Green and Spiegel is pleased to announce Practice Director Jonathan Grode and Senior Associate Matthew Galati have been named to the Pennsylvania&n...
Apr 25, 2018
On Tuesday, the Federal District Court for the District of Columbia struck down the Trump Administration’s decision to terminate the Deferred...
Apr 11, 2018
On April 5, Immigration and Customs Enforcement conducted a worksite raid on Southeastern Provision, a meatpacking plant located in rural Bean Stat...
Mar 02, 2018
Recently announced changes to the Foreign Affairs Manual (FAM) have altered the way U.S. Consular Officers’ issue validity periods for non-im...
Feb 28, 2018
Immigration and Customs Enforcement (ICE) appears to be making good on its Director’s promise to potentially quintuple worksite enforcement a...
Feb 02, 2018
February 2, 2018 – U.S. Practice Director Jonathan Grode will be speaking today at the HRPA conference, at 10 am EST in Toronto, Canada. The ...
Jan 30, 2018
January 30, 2018 – U.S. Practice Director Jonathan Grode will be co-presenting a national webinar today for The American Immigration Lawyers ...
Jan 25, 2018
Bloomberg Politics is reporting that legislation that would provide needed H-1B cap relief to a system perennially oversubscribed will be soon be i...
Jan 19, 2018
At midnight on Jan. 20, 2018, the U.S. government will run out of funding, forcing a shutdown of many of its non-essential services. This according...
Jan 02, 2018
2017 was a challenging year for immigration petitioners and beneficiaries. The Trump administration took incremental steps to change the U.S.&rsquo...
Nov 10, 2017
Green and Spiegel was proud to be a part of this year’s Philadelphia Unity Cup, a World Cup-style tournament held over several mont...
Nov 09, 2017
Practice Director Jonathan Grode attended the 11th Annual Labor and Employment Law Conference which was held in Washington D.C. The conference...
Oct 24, 2017
On October 23, 2017, USCIS issued a Policy Memorandum rescinding previous guidance that directed adjudicators to defer to prior determinations of e...
Oct 18, 2017
In statements made to the Heritage Foundation on October 17, acting Immigration and Customs Enforcement (ICE) Director Tom Homan stated that he has...
Sep 21, 2017
USCIS Requests for Evidence (RFEs) for H-1B petitions have increased by more than 45% this year compared to the same timeframe in 2016, Reuters rep...
Sep 06, 2017
Attorney General Jeff Sessions formally announced the termination of the Deferred Action for Childhood Arrivals (DACA) program today, with “w...
Sep 01, 2017
A senior administration official told Fox News yesterday that President Trump is expected to announce the end of the Deferred Action for Childhood ...
Aug 30, 2017
In the latest wave of the Trump Administration’s “extreme vetting” immigration campaign, USCIS has announced that all employment-...
Jun 26, 2017
In an unsigned, per curiam opinion issued today, the Supreme Court of the United States has agreed to hear the revised Trump Travel Ban cases ...
Jun 14, 2017
As reported in the June 2016 issue of the Philadelphia Bar Reporter, U.S. Practice Director Jonathan Grode recently served as a panelist in a progr...
Jun 02, 2017
Following last week’s appellate defeat before the Fourth Circuit Court of Appeals, the Trump Administration requested that the U.S. Supreme C...
May 24, 2017
Super Lawyers Magazine has selected U.S. Practice Director Jonathan Grode and Senior Associate Matthew Galati to the 2017-...
May 12, 2017
On May 1st, U.S. Practice Director, Jonathan Grode was invited to be a guest speaker for the USCIS Naturalization Ceremony at Abington High School ...
May 10, 2017
U.S. Practice Director Jonathan Grode was quoted in a May 10th article featured in Forbes regarding the EB-5 immigrant investor prog...
Apr 18, 2017
The past few days has generated a flurry of news regarding the H-1B specialty occupation visa, including some interesting developments that surpris...
Mar 06, 2017
On Friday, March 3, the U.S. Citizenship and Immigration Services (USCIS) announced that, effective April 3, 2017, it would suspend Premium Process...
Feb 07, 2017
February 7, 2017- The Executive Order issued by the Trump Administration prohibiting certain nationals from entering the U.S. on their previously v...
Feb 01, 2017
We would like to congratulate U.S. practice director Jonathan Grode on his tireless work with the ACLU to help families who have been denied entry ...
Dec 15, 2016
The Department of Homeland Security has issued new regulations that will impact employers and foreign workers in many of the employment-based...
Nov 09, 2016
The results from the U.S. presidential election are in, and Donald Trump has eked out an electoral college victory that will send him to the White ...
Oct 18, 2016
Purdue Research Foundation and the Indiana Department of Workforce Development (DWD) announced an agreement to support increased sta...
Aug 05, 2016
As part of the Labor and Employment Law Section proceedings at this week’s 2016 American Bar Association Annual Meeting in San Francisco, CA,...
Jul 20, 2016
We are very excited to announce that Jonathan Grode, U.S. Practice Director has been named liaison to the American Bar Association Commission on Im...
May 20, 2016
As of May 18, 2016, any permanent resident or holder of a valid visa issued by the United States of America, Canada, United Kingdom, or any co...
May 20, 2016
May 20, 2016 – The U.S. Department of State (DOS) Visa Office has recently instructed consular officers to revoke the visas of visa-hold...
Apr 11, 2016
US Practice Director Jonathan Grode will be featured in an ABA webinar on April 12, 2016, discussing current government policies regarding the prot...
Apr 11, 2016
Green and Spiegel’s US Practice Director Jonathan Grode was featured in the Winter 2016 edition of the ABA newsletter. Jonathan’s artic...
Feb 05, 2016
January 29, 2016 – The French Chamber of Commerce and Industry (CCI) hosted a forum to educate and promote French corporate business developm...
Jul 06, 2015
East Stroudsbourg University (ESU) will offer a newly expanded J-1 Visa that allows not only visiting scholars and researchers, but also internatio...
Jun 09, 2015
June 9, 2015 – Jonathan Grode, in a recent issue of Labor and Employment Law (published by the American Bar Association) discusses the possib...
Oct 09, 2014
With the fall of the Defence of Marriage Act, full equal rights are now available to same-sex couples with respect to immigration benefits. But wha...
Jun 05, 2014
Jonathan Grode was honored by the Pennsylvania Bar Association on May 15, 2014 with a Special Achievement Award in recognition of his ongoing work ...
Apr 21, 2014
April 16, 2014 – On April 10, 2014 U.S. Citizenship and Immigration Services (USCIS) conducted a computer lottery of the more than 172,500 pe...
Feb 21, 2014
Check out Green and Spiegel’s very own Jonathan Grode, US Practice Director, quoted in a Global Sports Integration’s article on the sig...
Dec 06, 2013
Historically, most enforcement actions against employers for violating
labour laws or for discrimination against foreign nationals and domestic
Jul 03, 2013
To remain on the right side of the law, employers need to follow both the changes to immigration laws relevant to hiring workers and to the enforce...
Jul 02, 2013
Green and Spiegel U.S. applauds the recent Supreme Court decision holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional ...