The Centers for Disease Control and Prevention (CDC) has issued a new rule requiring that all air passengers arriving to the United States from a foreign country provide documentation of a negative COVID-19 test or documentation that the passenger has recovered from COVID-19. Passengers may satisfy this rule by either getting tested no more than three days before their flight departs and providing proof of the negative result to the airline before boarding, or providing documentation of having recovered from COVID-19 and that a licensed healthcare provider has cleared the passenger for travel. Learn more about this new requirement in our recent client alert.
H-1B Lottery Selection Criteria May Change to Salary-Based Process
The Department of Homeland Security (DHS) has issued a new rule that transforms the random cap H-1B selection process to one that prioritizes registrations and petitions based on the highest Department of Labor (DOL) prevailing wage level met by the offered salary. It is not clear yet whether the incoming Biden administration will implement this rule at all or with modifications. Learn more in our recent client alert.
Supreme Court Ruling Upholds DACA Program
On June 18, 2020, a narrowly divided Supreme Court of the United States held that the Court can review the Deferred Action for Childhood Arrivals (DACA) program and that the Trump administration’s decision to terminate the program was arbitrary and capricious under the Administrative Procedure Act. Chief Justice John G. Roberts Jr. wrote the 5-4 decision in Department of Homeland Security v. Regents of University of California. DACA grants undocumented immigrants brought to the United States as children permission to live and work lawfully.
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U.S. Expands Entry Ban to Europe’s Schengen Area as Nations Around the World Impose Entry Restrictions
Following the World Health Organization (WHO) declaration that classified the coronavirus (COVID-19) outbreak as a pandemic on March 11, a number of governments have instituted or announced measures limiting international travel. In the most notable of the new restrictions, the United States has announced that it is suspending all travel from Europe’s Schengen Area for 30 days beginning at midnight on Friday, March 13. This measure would expand existing travel restrictions in place for arrivals from mainland China and Iran.
The restrictions do not apply to U.S. citizens, legal permanent residents or their immediate families as well as holders of some categories of U.S. visas (such as A-1, A-2, C-1, D or C-1/D, C-2, C-3, G-1, G-2, G-3, G-4 and NATO visas). The Schengen Area is a 26-country group that has officially abolished border control among themselves.
Globally, it is unknown if other governments will follow suit after the announcement from the White House. However, some of the recent and notable measures that have been implemented or announced this week by other countries are as follows:
Proposed First Step Toward Immigration Reform Announced by President
On May 16, 2019, the president announced a plan to reform the U.S. immigration system, with a focus on increased border security as well as a plan to replace the employment-based green card system with a points system modeled on immigration programs in other countries, including Canada and Australia.
While specific details of the plan have not been disclosed, it is to be a merit-based system that would assess permanent residence applicants on the basis of criteria that include age, skills, education level, offer of employment, job creation potential and wage level.