A challenge brought by the U.S. Chamber of Commerce to the new H-1B wage levels and the new definition of “Specialty Occupation” was upheld by the United States District Court for the Northern District of California on December 1, 2020. The plaintiff’s Summary Judgement motion was granted when the Court held that the government failed to demonstrate good cause for not following the normal notice and comment procedures required for immigration regulations. The government’s failure to follow the proper rulemaking procedures makes the new rules invalid and requires them to be rescinded by the government. Continue reading “H-1B Wage Rules Rescinded – Another Win for Employment-Based Immigration”
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.
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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”
Third-country nationals are no longer permitted to enter the territory of the Grand Duchy. The restriction was put in place, initially, for a one month period starting on March 18, 2020. There are several exemptions from this ban, which are discussed below, including for Belgian, French, and German cross-border workers. Continue reading “Luxembourg COVID-19 Travel Ban and Entry Restrictions”
The Australian government has announced on March 25, 2020 that a travel ban has been introduced which will prevent Australian citizens and permanent residents from departing Australia, except in exceptional circumstances. This is in addition to the recently announced entry bans applicable to any non-Australian citizens or permanent residents who have not been granted prior permission to enter Australia on exceptional circumstance grounds. Continue reading “Australia Announces Unprecedented Travel Ban for Citizens and Permanent Residents in the wake of Covid-19”
- Effective 11:59 p.m. EDT last night, the Canada-U.S. land border closed to all non-essential travel. This closure will initially be in effect for 30 days. Non-essential travel includes travel for tourism or recreational purposes. Trade and commerce will continue. The definition of what constitutes “essential” travel remains open to interpretation. Minister Blair today referred to “essential” as serving and keeping Canadians healthy and safe. If you are concerned as to whether your employees’ upcoming travel would be considered “essential”, please contact us to discuss. Please also refer to 2. below for details about further developments which are expected to become effective next week. The official statement from the Prime Minister’s Office can be found at https://bit.ly/2J0DJiD