Executive Orders

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The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level work that benefits the company abroad. Through the rulemaking process, the Department of State is proposing…

Due to the COVID-19 experience, some employers and employees are exploring the idea that work may be carried out remotely. Countries with economies that rely heavily on tourism (and hard-hit by the pandemic) are using this to their advantage.

In the United States, business advocacy groups and many companies have been urging the removal of…

Judge Jeffrey S. White has granted the plaintiffs’ request for preliminary injunction preventing the continued enforcement of the Presidential Proclamation suspending the entry of certain individuals in H, L, and J status (Nonimmigrant Ban) in National Association of Manufacturers et al. v. Department of Homeland Security et al.

This ban has been creating uncertainty for…

The entry period for the 2022 Diversity Immigrant Visa (DV) Program will open on Wednesday, October 7, 2020 at noon, Eastern Daylight Time (EDT) and will close at noon EDT on Tuesday, November 10, 2022.  There is no cost to register.

Individuals born in the following countries are not eligible to apply because more than…

Judge Amit Mehta in Gomez v. Trump ordered the Department of State (DOS) to make good faith efforts to “expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications” and issue visas to those eligible by September 30, 2020 – the deadline for the Diversity Visa program.

In response, DOS has issued guidance,…

Acting quickly, as he promised, Judge Ahmit P. Mehta in Gomez v. Trump, recognized the particular urgency of the Diversity Visa plaintiffs’ situation and granted them injunctive relief.  Judge Mehta ordered the Department of State (DOS) to make good faith efforts to “expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications” and…

The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and 2019 to determine if U.S. job opportunities or the economy have been adversely affected by the use of temporary foreign workers…

The Department of State (DOS) has provided more details to the Consulates on the national interest exemption under President Donald Trump’s June 22, 2020, executive order.

The “Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” bars holders of certain visas from entering the U.S.…

Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas.

Without Congressional oversight or legislative changes, the Trump Administration has changed the policies for H-1Bs, resulting in the highest denial rate in history of this legal immigration program. During the ongoing COVID-19 pandemic national emergency,…

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…