Employers who may be trying to proceed with PERM applications for foreign national workers are in an uphill battle. With layoffs, furloughs and unemployment at all time highs, the Department of Labor is on high alert for unsuspecting PERM employers who are trying to do the right thing under difficult circumstances.
Employers who have H-1B or other workers with limited time on their nonimmigrant status, don’t have the luxury of waiting until the job market improves to begin PERM applications for their employees. For H-1B or L-1B workers in their final year or two of nonimmigrant visa eligibility, PERM is a necessity or they will have to return to their home countries. Continue reading “PERM Gets Rough in an Uncertain Job Market”
On July 14, 2020, the Trump Administration rescinded SEVP guidance issued last week, which forbid F-1 students from attending universities that were planning to be 100% remote during the fall 2020 semester. With the rescission, schools may now revert to following the SEVP March 9 Broadcast Message: Coronavirus Disease 2019 and the March 13 COVID-19: Guidance for SEVP Stakeholders . Read more about this important development in our education law blog, UpdateED.
On July 6, 2020 the Student and Exchange Visitor Program (SEVP) provided long awaited guidance for the fall 2020 semester. In an unexpected about face from guidance issued in March 2020 at the height of the COVID-19 response effort by higher education, SEVP has determined that foreign students on F-1 visas cannot attend universities that will be 100% remote during the fall 2020 semester. Continue reading “ICE Bars F-1 Students from 100% Remote Programs for Fall Semester”
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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The White House has issued a new travel ban blocking Chinese nationals associated with entities that are part of China’s “military-civil fusion” strategy from obtaining graduate level Student (F) or Exchange Visitor (J) visas. The ban went into effect on June 1 and has no end date. The ban specifically references those visa applicants who are currently outside the United States, but does not exclude the possibility that the estimated 3000 Chinese nationals, already studying in the U.S. who meet the criteria of the executive order, could have their existing visas revoked. Read Valentine’s full post on the Duane Morris Education Law Blog, UpdateED.
The Garda National Immigration Bureau (GNIB) has provided several recent updates for visitors and foreign residents in Ireland in the wake of COVID-19 closures, and travel bans. GNIB offices are now closed and all permits expired between March 20 and May 20 have been automatically extended for 60 days. Continue reading “Ireland: Immigration Authorities Respond to COVID-19”
The Duane Morris Immigration Team is dedicated to providing the most up to date information and zealous advocacy on behalf of our clients during the COVID-19 emergency. Below we have compiled information from various U.S. agencies on all aspects of travel, USCIS appointments, ICE activities and Removal Proceedings. This post will be updated as changes develop. Duane Morris has developed a COVID-19 Strategy Team which is providing regular updates on all business and employment related matters impacted by the COVID -19 pandemic. A second webinar on Business Continuity Planning for a Pandemic will be held on Wednesday, March 18. To register, click here.
Continue reading “COVID-19 Immigration Agency Suspensions and Cancellations 3/29/2020 Update”
COVID-19 social distancing directives, State and Federal agency closures and remote work requirements have made it impossible for employers to comply with the normal I-9 and E-Verify regulations on timing and review of employee documents. To address these concerns, USCIS has announced several measures to extend time frames and loosen its normally strict requirements. In this blog, we discuss USCIS suspension of the I-9 requirement to review physical documents, an automatic 60 day extension for all I-9 audit responses, acceptance of expired documents for new hires who are unable to update driver licenses and state IDs, as well as E-verify suspension of the 8 day response time for responding to Tentative Nonconfirmations. Continue reading “USCIS Announces I-9 and E-Verify Timing Waivers and Modifications in the wake of COVID-19”
The South Africa Minister of Department of Home Affairs released a Directive clarifying the implementation of COVID-19 Epidemic travel ban and associated restrictions. Tourist visas normally issued upon entry have been suspended, visas of Chinese and Iranian nationals revoked, and most travelers banned. For those unable to leave the South Africa, visas will be extended until July 31, 2020. Continue reading “South Africa Bans Tourists and Implements Immigration Procedures for those Unable to Leave the Country in wake of COVID-19”
In order to maintain Switzerland’s capacity to cope with the COVID 19 epidemic, and in particular to guarantee the conditions for an adequate supply of care and therapeutic products to the population, the Federal Council issued exceptional entry restrictions at the border on 13 March 2020 and has updated these on 25 March 2020. In this connection, and in light of the fact that several airlines have in between ceased operations on certain routes, the State Secretariat for Migration has issued instructions to the cantonal migration authorities, Swiss representations abroad and the border security authorities. Continue reading “Switzerland Responds to COVID-19; Travel Restrictions and Immigration Processing Limitations”