With a breakdown in talks on the latest COVID-19 stimulus package and with most senators and representatives out of town (though the House has been recalled from vacation to address the U.S. Postal Service crisis), USCIS has not received the $1.2 billion that it wants and says it needs to avoid furloughing two-thirds of its
Forrest G. Read IV
Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).
Mr. Read's immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.
Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.
As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.
Update: USCIS Selects Additional H-1B Cap Registrations for FY 2021 Cap
There have been rumors floating that USCIS might be selecting more H-1B cap registrations for the FY 2021 cap. Those rumors appear to be true. As of August 14, 2020, registrants have received emails with notifications of further selections. A USCIS spokesperson said, “that full visa petitions for those selected in the second round…
Following Spike of COVID-19 Cases in the U.S., Border Restrictions Continue
In a move that was not surprising due to the spike of COVID-19 cases in the United States, Prime Minister Justin Trudeau of Canada and the Mexican Foreign Ministry have both announced the continuation of the COVID-19 border restrictions between Canada, Mexico and the United States. These restrictions were first announced in March and have…
New TSA Protocols Seek to Ensure Health and Safety
Under the Transportation Security Administration’s (TSA) new “Stay Healthy. Stay Secure.” Campaign, screening procedures are being changed to allow for more social distancing and to limit physical contact while still maintaining needed security procedures during the summer travel season.
In mid-April, due to COVID-19, TSA recorded its lowest travel volume ever: approximately 87,500 travelers per…
Foreign Nationals Reach End of Permanent Residency Process, but See Green Card Processing Delays
The reported failure of USCIS to renew its contract with an outside vendor in June, because it planned to bring all printing of Green Cards in-house, may be the reason foreign nationals who have managed to make it through the arduous permanent residency process are not receiving their “Green Cards.”
USCIS has wide-ranging budget issues…
USCIS to Resume Premium Processing in Phases
Premium processing will resume in stages according to USCIS. Cap-subject H-1B petitions will be included only in the last phase.
June 1, 2020: USCIS will accept requests for premium processing for all eligible Form I-140 Immigrant Visa Petitions. EB1-C Multi-National Manager or Executive and EB2 National Interest Waiver petitions are not eligible for premium…
Individuals Traveling from Brazil Restricted from Entry under New Presidential Order
Beginning 11:59 p.m. on May 26, 2020, travelers from Brazil will be restricted from entering the U.S. under President Donald Trump’s “Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Novel Coronavirus.”
President Trump added Brazil to the list of countries subject to his previous…
ICE Extends Temporary Flexibility for Employers’ I-9 Compliance, Reminds to Monitor for Updates
ICE has announced that its flexibility regarding the physical presence requirements for I-9 inspection will be extended for another 30 days, until June 18, 2020 due to continued COVID-19 precautions. The terms and details of this flexibility remain the same.
Basically, eligible employers may continue to inspect Section 2 documents remotely (e.g., over video…
Reminder: Border Restrictions Still in Effect
On April 20, 2020, Chad Wolf, Acting Secretary of the Department of Homeland Security (DHS), announced that the previously announced travel restrictions on the Northern and Southern U.S. borders would be continued for another 30 days until May 20, 2020. In March, DHS had announced that due to the COVID-19 crisis, individuals attempting to…
USCIS Seeks to Re-Open Offices for In-Person Services in June
Due to COVID-19, USCIS field offices have been closed for in-person services since March 18, 2020. The closure will continue until on or about June 4, 2020 when USCIS hopes to re-open to the public. In preparation for re-opening:
- USCIS will send notices to applicants and petitioners with naturalization ceremonies or scheduled appointments that
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