On January 8, 2021, the U.S. Department of Homeland Security (DHS) published a final rule that significantly alters the longstanding randomized lottery process that U.S. Citizenship and Immigration Services (USCIS) has utilized to select H-1B cap-based petitions.
On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for H-1B cap-subject petitions. The proposed rule would replace the current H-1B random selection lottery process with a wage-based selection process, giving preference to applications for higher-paying positions.
On June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) announced a second extension of its prior guidance relaxing the in-person verification requirements of Form I-9 for employers operating remotely due to COVID-19.
On May 11, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a policy update in response to the COVID-19 pandemic that provides H-1B physicians holding J-1 foreign medical graduate waivers some limited flexibility in readjusting their hours and placement sites.
On May 5, 2020, a bipartisan group of senators, including Senator David Perdue (R-GA), Todd Young (R-IN), John Cornyn (R-TX), Dick Durbin (D-IL), Chris Coons (D-DE), and Patrick Leahy (D-VT), introduced the Healthcare Workforce Resilience Act (Senate Bill 3599). The goal of the proposed legislation is to temporarily address the country’s shortage of doctors and nurses, strengthen the healthcare workforce, and improve healthcare access during the COVID-19 crisis.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
On March 20, 2018, U.S. Citizenship and Immigration Services (USCIS) announced the temporary suspension of the premium processing program for all fiscal year (FY) 2019 cap-subject H-1B cases.
The Trump administration’s plans to end the ability of spouses of H-1B visa holders to be granted work authorization now appear to be on a slower track than originally anticipated. Removing eligibility for work authorization to this class of foreign nationals requires promulgation of a new rule, the first step of which would be the issuance of a notice of proposed rulemaking (NPRM).
On February 6, 2018, President Trump issued a national security presidential memorandum directing the establishment of a vetting center to promote border and immigration security and ensure the safety and security of the United States. The National Vetting Center’s mission is to coordinate and streamline vetting efforts to identify individuals who present a threat to national security, border security, homeland security, or public safety. President Trump has repeatedly voiced his support for increased vetting procedures to protect the American people from terrorist attacks and other public safety threats. This memorandum serves as the president’s latest effort to fulfill his campaign promise of imposing “extreme vetting” on individuals entering the United States.
On January 20, 2018, the federal government entered into a partial shutdown following Congress’s failure to reach an agreement to continue funding the federal government. Certain federal agencies that rely solely on government funding will not be able to provide most services. Agencies that receive funding from fees or other government sources are expected to remain open, but are expected to experience service delays.
On January 4, 2018, U.S. Customs and Border Protection (CBP) issued Directive 3340-049A, governing border searches of electronic devices. CBP’s new directive updates and provides several improvements over the agency’s initial directive, published nine years ago, regarding the policies and procedures for border searches of electronic devices conducted in furtherance of CBP’s mission. CBP has implemented several key changes that aim to provide travelers with more clarity and protections regarding the procedures for electronic device searches; however, the numerous exceptions included in the new directive may, in practice, allow CBP to bypass some of these protections.
On January 8, 2018, the U.S. Department of Homeland Security (DHS) announced that temporary protected status (TPS) will end for approximately 200,000 Salvadorans, effective September 9, 2019.
On March 15, 2017, a federal judge in Hawaii issued a ruling that enjoined the Trump administration’s revised executive order intended to suspend admission of foreign nationals from six designated countries. On March 16, a second federal judge also blocked the 90-day ban on immigration for citizens of Iran, Libya, Somalia, Sudan, Syria, and Yemen. In response, President Trump vowed to continue pressing forward until his immigration order is successful.
On March 27, 2013, U.S. Customs and Border Protection (CBP) published an Interim Final Rule in the Federal Register that will automate the Form I-94, Arrival/Departure Record, to purportedly streamline the admissions process for individuals visiting the United States. The I-94 Form (I-94) provides temporary visitors with evidence of their lawful admission to the United States, which is necessary to verify alien registration, immigration status, and employment authorization.
On March 27, 2013, U.S. Customs and Border Protection (CBP) published an Interim Final Rule in the Federal Register that will automate the Form I-94, Arrival/Departure Record, to purportedly streamline the admissions process for individuals visiting the United States. The I-94 Form (I-94) provides temporary visitors with evidence of their…..
President Obama has made comprehensive immigration reform a priority. In January, both the President and a bipartisan group of eight senators laid out their respective proposals for immigration reform. The Senate proposal has four basic elements: (1) a path to legalization for illegal immigrants; (2) increased border security; (3) increased employer verification requirements; and (4)
The prospect of comprehensive immigration reform appears to be gaining momentum. In January, a bipartisan group of eight senators announced a broad proposal for immigration reform (“Bipartisan Framework for Comprehensive Immigration Reform”) and, one day later, President Obama laid out his vision for comprehensive immigration reform.
On January 29, the Immigration Innovation Act of 2013 (I-Squared Act) was introduced by a bipartisan group of senators, including Senators Orrin Hatch (R-UT), Amy Klobuchar (D-MN), Marco Rubio (R-FL), and Chris Coons (D-DE). The purpose of the bill is to increase U.S. competitiveness by making it easier for employers…..