US Immigration

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Donald Trump’s return to the White House in January will have a profound impact on immigration law and enforcement. While the Trump/Vance ticket made immigration a central focus of its campaign, the platform took aim at asylum law and unlawful immigration rather than legal immigration and employer-based immigration. Trump’s first term provides strong clues about potential policy and enforcement changes, though uncertainty remains for employers.

Potential Changes to Employer-Based Immigration

Trump’s first term in office did not result in major legislative changes to immigration law, but enforcement methods and interpretation of existing laws varied drastically from historical norms. Potential changes in a second Trump administration could include:

  • Increased worksite enforcement
  • Restrictions for visas and permanent residence for certain countries
  • Attempts to eliminate the STEM OPT program
  • Attempts to increase prevailing wage rates for H-1B and permanent
    residence processes, aiming to price employers out
  • Increased denials across the board with USCIS and DOS (e.g., 21-24% H-1B denial rate)
  • Increased corporate investigations in relation to protection of US workers (e.g., investigation of PERM practices, hiring practices, and alleged preferential treatment of foreign workers)

Continue Reading Trump Back in Office: What Employers Can Expect Regarding Employer-Based Immigration

Special thanks to co-presenters, Daniel Urdiain and Nell Slochowski.

Our on-the-ground immigration and mobility attorneys explore considerations for US employers looking to send foreign national employees to work in Canada or Mexico if they were not selected in the H-1B visa lottery this year and what steps to take before the next H-1B cap lottery…

Special thanks to Ginger Partee, John Foerster and Matthew Gorman.

Noncitizen travelers can pack their bags. With certain requirements, noncitizen travelers will be allowed to travel to the US as of November 8, 2021, under President Biden’s Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic. The new…

In the wake of the economic downturn resulting from the COVID-19 pandemic, government investigations into perceived preferential treatment of foreign workers by U.S. employers is expected.

At-risk companies include those in industries that typically employ a higher number of foreign workers under H-1B, H-2A and H-2B visas, from technology and consulting to hospitality and food …

Yesterday evening, the President signed a Proclamation expanding the restrictions outlined in the April 22 Proclamation in an effort to protect the U.S. workforce amidst the economic downturn related to the ongoing COVID-19 pandemic. The Proclamation suspends the entry of any individual pursuant to H-1B, H-2B, L, and J nonimmigrant status, and their dependents (H-4, L-2, and J-2), until December 31, 2020. The Proclamation applies to individuals who are currently outside of the United States and are not in possession of a nonimmigrant visa or other official travel document valid as of June 24, 2020. In addition, the Proclamation extends the restrictions on the issuance of immigrant visas outlined in the April 22, 2020 Proclamation through December 31, 2020. This Proclamation contains a range of exceptions, which are detailed below.

The Proclamation is separate from Embassy and Consulate closures and COVID-19 related restrictions on travel to the US from certain countries, which continue to remain in effect. Yet, those measures must be read in conjunction the latest Proclamation. The June 22 announcement imposes further restrictions on the movement of foreign national employees into the United States that likely has a wider impact on US employers than the April 22 Proclamation.Continue Reading Latest COVID-19 Related Presidential Proclamation on US Immigration Expands Restrictions and Impacts Nonimmigrant Visa Applicants Abroad

Our Employment & Compensation practice is pleased to bring you the 2019 version of The Global Employer: Focus on US Business Immigration.

Whether you need information about a specific US visa type, or are looking for a high-level overview of employer obligations related to the movement of foreign nationals under US immigration and employment …

On July 24, Homeland Security Investigations (HSI) – the investigative agency within the US Immigration and Customs Enforcement responsible for Form I-9 Compliance – announced that it served I-9 audit notices to more than 5,200 employer since January as part of a two-phase nationwide worksite enforcement operation.

Last week, HSI served 2,738 Notices of

…