Updates

Satisfactory Departure for Visa Waiver Entrants and Nonimmigrant Visa Holders

Satisfactory Departure for Visa Waiver Entrants and Nonimmigrant Visa Holders Satisfactory Departure is a regulatory provision by which Visa Waiver Program (VWP) entrants may be granted an additional 30 days to depart the United States if, due to an emergency, they cannot depart before their 90-day authorized stay expires. Traditionally, Satisfactory Departure has been granted […]

Trump’s Executive Order to “Suspend Immigration”: Is it really a broad sweeping suspension?

Trump’s Executive Order to “Suspend Immigration”: Is it really a broad sweeping suspension? In a late-night tweet on April 20, 2020, President Trump indicated his intention to temporarily suspend immigration into the U.S. due to the COVID-19 pandemic. On April 22, 2020, he signed his official proclamation, effective April 23, 2020 at 11:59pm. The scope […]

Update on U.S Department of State and Customs and Border Protection Responses to COVID-19

Update on U.S Department of State and Customs and Border Protection Responses to COVID-19 The U.S. Department of State (DOS) and U.S. Customs and Border Protection (CBP) agencies have each made several changes and accommodations in response to the ongoing COVID-19 crisis, which we detail below. However, many uncertainties remain for both immigrant and nonimmigrant […]

COVID-19 & Employer Obligations

COVID-19 & Employer Obligations The H-1B is one of only a few visa classifications, along with the E-3 and H-1B1, that require the filing of a Labor Condition Application (LCA) as part of the visa approval process. The LCA is submitted to the Department of Labor (DOL) and requires the employer to make certain attestations […]

COVID-19 Update: U.S. Citizenship and Immigration Services Changes and Responses

COVID-19 Update: U.S. Citizenship and Immigration Services Changes and Responses U.S. Citizenship and Immigration Services (USCIS) has made several changes and accommodations in response to the ongoing COVID-19 crisis, the most relevant of which we detail below. Our summary and assessment of USCIS’ COVID-19 responses are a selection of the most current updates. However, many […]

Immigration Implications of Accepting Financial Assistance in the Wake of COVID-19

Immigration Implications of Accepting Financial Assistance in the Wake of COVID-19 Questions and uncertainties abound concerning the immigration implications of the federal government’s COVID-19 relief packages, such as: As a foreign national in the U.S. on an employment-based visa, will your immigration status be put in jeopardy if you work from home, lose your job, […]

COVID-19 and employment issues affecting visa status

COVID-19 and employment issues affecting visa status COVID-19 has created uncertainty in the workplace with many changes being made to accommodate the need for social distancing to reduce the spread of the virus. These changes may have a multitude of immigration impacts across your workforce, including remote working arrangements, reductions in hours, furloughs, and layoffs. […]

Immigration Update: Additional Impacts Related to COVID-19

Immigration Update: Additional Impacts Related to COVID-19 President Trump recently announced that the U.S./Mexico border would be closed to “non-essential” traffic. Yesterday, U.S Customs and Border Protection provided guidance on the closure. Importantly, these restrictions currently only apply to land ports of entry and ferry services. Permissible essential travel includes “traveling to work in the […]

Immigration Update: Immigration Compliance & Working From Home

As you begin implementing shifts in business practices to allow remote working and facilitate continued employee safety during the COVID-19 outbreak, companies should be mindful of the steps needed for continued compliance with the immigration laws. The Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) have not addressed any changes to the […]

Immigration Update: U.S./Canada Border Closed to Non-Essential Travel

Immigration Update: U.S./Canada Border Closed to Non-Essential Travel On March 18, 2020, President Trump and Prime Minister Trudeau announced that the U.S./Canada border would be closed to “non-essential” traffic. This announcement supersedes Canada’s earlier travel restrictions that contained an exception for U.S. citizens traveling to Canada. U.S Customs and Border Protection has not yet provided […]