As economies worldwide begin to re-open, some companies and individuals are thinking about resuming international travel. If international travel is required for your work or other reasons, be prepared for
Greenberg Traurig Attorney Ian Macdonald Featured in SHRM
Greenberg Traurig Shareholder Ian Macdonald was recently quoted in the SHRM article, “Trump Suspends New H-1B Visas Through 2020,” discussing Trump’s executive order signed on June 22 restricting foreign nationals
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Rescission of USCIS Policy Memoranda in Favor of H-1B Petitioners in the IT Third Party Placement Industry
On June 17, 2020, United States Citizen and Immigration Services (USCIS) issued Policy Memorandum (PM-602-0114) rescinding the following Policy Memoranda, which was the basis of many challenges and denials against
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A Win for H-1B Companies in the IT Third-Party Placement Industry
In a decision issued March 10, 2020, the U.S. District Court for the District of Columbia rejected U.S. Citizen and Immigration Services (USCIS) policies against H-1B visa holders. The issue
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Updates from USCIS in Response to COVID-19
On April 13, 2020, USCIS issued two new updates in response to the rapidly-changing environment created by COVID-19, which are summarized below:
- Receipt notices for filed H-1B cap cases will
Work from Home Scenarios due to Coronavirus (COVID-19), may require a review of companies’ H-1B or E-3 compliance
In almost every state, companies have instituted temporary work from home policies—or have been instructed by government authorities to institute such policies—in response to the coronavirus (COVID-19), in an effort
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Department of Labor Guidance Amidst COVID-19
The Department of Labor (DOL) has issued guidance regarding several immigration processes in light of employer office closures around the country due to COVID-19. Many of these issues include extending
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Registration Requirement for Petitioners Seeking to File H–1B Petitions on Behalf of Cap-Subject Aliens
On Jan. 9, 2020, USCIS posted a Notice in the Federal Register announcing the implementation of the H-1B registration process for H-1B cap-subject petitions. USCIS notes:
The initial H-1B petition
USCIS Implements H-1B Registration for Next Year’s H-1B Lottery
The U.S. Citizenship and Immigration Service (USCIS), after publishing the final rule for a new H-1B lottery process in January 2019 has announced that the testing period is now over
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OMB Releases Fall 2019 Unified Regulatory Agenda; DHS & USCIS Expect Active Rulemakings
Twice a year, the Office of Management and Budget, in concert with the General Services Administration and its own Office of Information and Regulatory Affairs, publish the Unified Regulatory Agenda (Unified Agenda). The Unified Agenda is a transparency program that publishes federal agency rulemakings in process. It is not a process set in concrete but rather a snapshot in time to inform the public of rulemakings and regulations being developed by federal agencies.
The Department of Homeland Security (DHS) postings, released Nov. 21 for Fall 2019 are here. In addition to enabling the searching of regulations by agency and content, the agencies offer a regulatory “plan” which sets out regulatory principles. The DHS statement can be found here.
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