In a 5-4 decision written by Chief Justice John Roberts, the U.S. Supreme Court has ruled that the Administration acted improperly under the Administrative Procedures Act (APA) in terminating the Deferred Action for Childhood Arrivals (DACA) program, thus allowing the program to continue. See our analysis here.
Michael H. Neifach
I-9 Compliance Flexibility Extended to July 19
By Amy L. Peck & Michael H. Neifach on
The Department of Homeland Security (DHS) once again is extending its flexibility regarding the physical presence requirements for I-9 inspection for another 30 days until July 19, 2020, due to the ongoing precautions related to the COVID-19 pandemic.
Eligible employers may continue to inspect Section 2 documents remotely (e.g., over video link, fax,…
Administration Planning Additional Restrictions on Non-Immigrant Visas?
By Amy L. Peck & Michael H. Neifach on
Additional restrictions on entry into the U.S. may be expected soon. Initial indications are that the Administration is considering barring H-1B, H-2B, L-1, and J-1 status among other non-immigrant visa categories.
On April 22, 2020, President Donald Trump issued the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the…
New Presidential Proclamation Suspends Entry of Students, Researchers from China
By Michael H. Neifach on
In addition to the COVID-19-related travel restrictions and consular closures, Chinese graduate students and post-doctoral researchers will now face another hurdle in coming to the U.S. As of noon (EDT) on June 1, 2020, President Donald Trump’s “Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic…
Workplace Issues of Reopenings, Returning to Work
By Amy L. Peck & Michael H. Neifach on
As businesses begin to reopen after shutdowns to help stop the spread of the COVID-19 pandemic, employers should anticipate heightened scrutiny by USCIS, ICE, and the Departments of Labor and Justice regarding wage and hour and immigration requirements.
The current surge in worksite enforcement is expected to result in as many as 10,000 I-9 audits…
Review of Trump Administration Shifting Position(s) on H-4 EAD Rule
By Amy L. Peck & Michael H. Neifach on
It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the years since that filing, the case has gone back and forth between the D.C. District Court…
DHS Issues Temporary Rule for Employers in Food Processing Industry on H-2B Workers
By Michael H. Neifach on
The Department of Homeland Security announced that on May 14, 2020, a new temporary rule will go into effect giving employers in the food processing industry more flexibility to hire H-2B workers who are essential to maintaining the food supply chain.
Work essential to the food supply chain includes, but is not limited to,…
Presidential Proclamation Suspends Entry by Certain Immigrants for 60 Days during COVID-19 Crisis
By Amy L. Peck & Michael H. Neifach on
A temporary suspension of entry by certain employment-based, family-based, and other immigrants has been enacted. For an analysis of the presidential proclamation suspending that immigration to the United States, please see our full publication here.
Temporary Suspension of All Immigration?
By Michael H. Neifach on
The administration appears to be close to issuing an executive order to broadly and temporarily suspend all immigration to the United States.
On the evening of April 20, 2020, President Donald Trump tweeted:
In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT…
DHS Prepares to Loosen H-2A Rules Temporarily during COVID-19 Crisis
By Michael H. Neifach on
Recognizing that current travel restrictions and the closure of consulates and embassies abroad has made it nearly impossible to bring new H-2A workers to the United States, the Department of Homeland Security (DHS) is expected to release a rule in the Federal Register on April 20 to address this problem. The unpublished draft of the…