Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

The FICA Tax Exemption for Non-Resident Aliens in the U.S. Under F, J, M, or Q Visas

A common issue for employers of non-resident aliens authorized to work in the U.S. is whether (and when) such individuals are exempt from FICA taxation.   Under the Internal Revenue Code, a nonresident alien (“NRA”) in the United States under a teacher, researcher, trainee, or student visa is exempt, within certain limitations, from FICA taxation. To … Continue Reading

Revised Travel Ban Executive Order Targets Six Countries, Drops Iraq

The “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order (E.O.), issued by President Donald Trump on March 6, 2017, suspends processing of visa issuance for individuals from six designated countries until June 14, 2017, 90 days from the E.O.’s effective date, March 16, 2017.  The E.O. will supersede the Executive … Continue Reading

USCIS Suspends Premium Processing Service for H-1B Cases Effective April 3, 2017

USCIS has announced the temporary suspension of the Premium Processing service for all H-1B cases filed on or after April 3, 2017. This suspension applies to all H-1B cases filed – including those filed under the FY2018 regular H-1B cap, Master’s cap exemption, H-1B transfer cases, H-1B extensions, and cap-exempt H-1B filings. The government, not … Continue Reading

EU May Reinstate Visas Requirement for U.S. Tourists and Business Visitors

While the U.S. travel, tourism, and hospitality industries worry about deleterious effects from President Donald Trump’s clampdown on immigration, including the travel ban, the European Union has its own, similar concerns related to the possible temporary reinstitution of visa requirements on U.S. citizens entering the EU. Under the U.S. Visa Waiver Program, nationals of 23 … Continue Reading

Trump EO Biometric Entry-Exit Section Raises Concerns of Lawmakers over Costs, Logistics

Members of Congress from states bordering Canada, the Northern Border Caucus, have focused on a section of President Donald Trump’s “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order directing DHS to expedite “the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States.” Calling … Continue Reading

17-Month EAD Holders Seeking Full 24 Months under New STEM OPT Rule Must be Quick

The Department of Homeland Security’s final rule on optional practical training (OPT) work authorization for foreign nationals in F-1 status with science, technology, engineering, or mathematics (STEM) degrees from U.S. institutions will go into effect on May 10, 2016. The U.S. Citizenship and Immigration Services (USCIS) then will begin accepting applications to extend an initial … Continue Reading

Supreme Court’s Decision on Future of DACA and DAPA

Supreme Court argument has taken place in United States v. Texas, a high-stakes, hotly contested case on the Administration’s executive programs that deferred possible deportation of millions of undocumented individuals. The Court’s expected June decision is likely to have far-reaching implications for employers. In 2012, the Obama Administration introduced through executive action Deferred Action for … Continue Reading

TPS Designation for Sudan and South Sudan Extended

The Temporary Protected Status (TPS) designations for Sudan and South Sudan have been extended for 18 months, effective November 3, 2014, through May 2, 2016. The re-registration period will run from September 2, 2014, through November 3, 2014. Employers are reminded that TPS holders who file timely extension of TPS and work authorization are authorized … Continue Reading

Immigration Reform Update

With comprehensive immigration reform legislation no longer a realistic possibility for the foreseeable future, the focus of advocates for reform has shifted to executive actions the President may take unilaterally to implement immigration policy changes. The President reportedly  is considering broad use of executive action, potentially granting relief to up to 5 to 6 million … Continue Reading
LexBlog