Skip to content

Presidential Proclamation 10052, issued on June 22, 2020, has now been challenged in several federal district courts. As previously reported, Presidential Proclamation 10052 barred the issuance of visas to anyone in H-1B, H-2B, H-4, L-1, L-2, J-1, and J-2 status. Thus, if a person did not have a valid visa at the time of the Proclamation, he or she would not have been able to obtain a new visa from a U.S. consulate or embassy, effective until Dec, 31, 2020, unless the Proclamation was amended. This Proclamation and its bar on the entries of certain nonimmigrants into the country greatly affected the U.S. business community.

As a result of this Proclamation, the most anticipated significant case for the business community was filed on July 21, 2020, in the U.S. District Court for the Northern District of California: National Association of Manufacturers, U.S. Chamber of Commerce et al v. U.S. Department of Homeland Security and U.S. Department of State; Chad F. Wolf, in his official capacity as Acting Secretary of Homeland Security; and, Michael R. Pompeo, in his official capacity as Secretary of State, Defendants. The Plaintiffs seek a nationwide preliminary injunction. They contend that the proclamation is not legal and that it exceeds the statutory and constitutional authority of the president. The Proclamation cites presidential authority in 8 U.S.C. 1182(f) (INA 212(f)) as the basis for the Proclamation. Specifically, the president claims that the entry of certain H, L and J non-immigrants would be detrimental to the interests of the U.S. given the economic crisis brought on by the COVID-19 pandemic. The plaintiffs contend that this authority has no rational relationship to the economic crisis cited as the basis for the order. The plaintiffs argue that the true purpose of the Proclamation was to eliminate foreign workers to open up jobs for U.S. workers and forcibly change hiring practices of U.S. employers. The Plaintiffs argue that shutting down existing hiring patterns for U.S. companies that rely on talent around the globe is not a lawful use of this Executive authority.

The Plaintiffs point out that even the National Interest Exceptions to the Proclamation are not currently being honored. Plaintiffs point out that foreign medical doctors are being turned down for H-1B visas and international researchers studying the effects of COVID-19 are being denied L-1 visas even though they meet the exception criteria.

The Plaintiffs claim that the Proclamation is Arbitrary and Capricious; that is exceeds the Authority of the Executive Branch; and Violates the Administrative Procedure Act. This case is expected to be assigned to a judge quickly and a hearing on the injunction request scheduled in the next two weeks.

Print:
EmailTweetLikeLinkedIn
Photo of Laura Foote Reiff‡ Laura Foote Reiff‡

Laura Foote Reiff Co-Chairs the Business Immigration & Compliance Practice and is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. Laura focuses her practice on business immigration

Laura Foote Reiff Co-Chairs the Business Immigration & Compliance Practice and is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. Laura focuses her practice on business immigration laws and regulations affecting U.S. and foreign companies, as well as related employment compliance and legislative issues.

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.