On October 6, 2020, the Department of Labor (DOL) and Department of Homeland Security (DHS) announced new interim final rules (IFRs) that have left employers reeling in the wake of their effect on foreign national employees on H-1B visas or in the
We’re thrilled to announce the release of a new edition of The Global Employer: Focus on Global Immigration & Mobility.
This handbook is the go-to resource for in-house counsel, human resource managers and global relocation professionals to identify key mobility issues — ranging from business immigration and compliance, to employment and compensation. It provides…
We are please to share with you The Global Employer – Global Immigration & Mobility Quarterly Update which is a collection of immigration and mobility alerts from around the world.
Please click here to view.
On April 22, 2020, the President signed a Proclamation to suspend the issuance of immigrant visas (i.e., non-temporary visas) for the next 60 days to individuals who are currently outside of the United States and do not currently have an immigrant visa. The proclamation is not a broad restriction on all immigration that many feared might be the case from comments earlier this week. Since Embassies and Consulates remain closed, the status for immigrant visa applicants abroad remains unchanged. Yet, as we saw with the 2017 Buy American and Hire American Executive Order, the most recent Proclamation, intended to protect the U.S. workforce amidst the COVID-19 related economic downturn, could have a much wider impact beyond the narrow scope of the proclamation itself.
Who is impacted?
Explosive growth in emerging markets has created a significant demand for companies to move workers around the globe to explore and seize new opportunities. At the same time, there has been an equally significant demand for companies to reduce their mobility costs. As a result, traditional employees are now more likely to be sent on short trips to fill specific business or customer needs, and project-based assignments are often more likely to be filled by a modern workforce that includes a variety of nonemployees.
A large majority of companies have seen an increase in these new types of assignments. Nevertheless, many still do not have formal guidelines for managing frequent crossborder travelers, and they admittedly fall short of properly educating their managers and mobile workers on the potential risks of these arrangements. Consequently, many vulnerabilities and misconceptions persist. Additionally, the growing prevalence of accidental expats has led to heightened scrutiny, incentivizing governments to crack down on business travelers and, with the assistance of technology, to become more adept at catching transgressions.
If you’re an employer with calls coming in from concerned managers or an employee with the immigration message boards on constant refresh, you’re not alone.
As if the executive orders and policy shifts in the last year weren’t enough to disrupt the workforce, potential changes on the horizon for certain employment authorized spouses of H-1B visa holders (known as H-4 visa holders) are a cause for concern among employers and employees, alike.