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In June we wrote about the April 12, 2016, European Commission Communication to the EU Council and Parliament concerning visa-free travel reciprocity with the United States and Canada.  In its communication, the Commission requested a response and advice from the EU Parliament and Council by July 12 on how to move forward in light of outstanding visa reciprocity issues with the United States and Canada.  In our  previous post, we observed that near term action by the EU with respect to reciprocity and visa requirements was unlikely.

shutterstock_273008201According to a follow-up Communication dated July 13, 2016, and an accompanying press release issued from the European Commission, the EU Parliament and Council did not take a position as of July 12 concerning the imposition of visa requirements on the United States or Canada.  In the Commission’s release, the EU Home Affairs Commissioner Dimitris Avramopoulos said that diplomatic efforts to resolve the issue have become more vigorous over the last three months with U.S. and Canadian officials.  The Communication states that “contacts with the United States have intensified both at [a] technical and political level.”

In its July 13 Communication, the Commission further acknowledges, however, that “since April, there has been no progress of relevance to EU citizens resulting from ongoing United States legislative initiatives, notably the ‘Jobs Originating through Launching Travel Act of 2015’ and the ‘Equal protection in Travel Act of 2016.”   The Communication continues: “[d]espite stepping up political and technical contacts, there have not been comparable indications of progress with the United States as those seen with Canada.”  Commissioner Avramopoulos advised that the Commission “will continue to work towards full visa reciprocity and we will coordinate our activities with the Member States concerned, the European Parliament and the Council to accelerate the delivery of results.”

In light of the current electoral climate in the United States, recent global events that continue to heighten security concerns among U.S. governmental leaders, and the communications between EU and U.S. officials reported in the Communication, it is unlikely that the U.S. will accede to the EU’s requests in the near term.  Conversely, despite the Communication’s direct language, the most recent Communication—which includes reference to the significant impact the imposition of visa requirements on U.S travelers would have on EU Member States—suggests that the EU will continue to pursue a diplomatic solution to the reciprocity issues it faces with the United States.

GT will continue to monitor developments on this issue.  To receive updates please subscribe to this blog.

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Photo of Laura Foote Reiff ‡ Laura Foote Reiff ‡

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and Immigration and Compliance Group which she co-led since 1999. She currently chairs the Northern Virginia/Washington D.C. Immigration and Compliance Practice. Laura is also Co-Managing Shareholder of the Northern Virginia Office of GT, a position she has held since 2010. As a global leader in the business immigration community, Laura has served on the Boards of the American Immigration Lawyers Association, the American Immigration Council, the National Immigration Forum and is currently the Chair of the America is Better Board.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 eligibility employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation.

Laura represents many businesses in creating, managing and using “Regional Centers” that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying “targeted employment areas” and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

Laura’s practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.

 Admitted in the District of Columbia and Maryland. Not admitted in Virginia. Practice limited to federal immigration practice.