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Immigration and Customs Enforcement (ICE) continues to push forward a proposed rule that would set a maximum period of authorized stay for students. Although the details of the rule are unknown, the draft reportedly has been sent to the federal budget office for review. This is generally the last step before a new rule…

Journalists and airlines are the two latest groups affected by the deterioration in the relationship between China and the United States.

Since the “tariff wars” and the onset of COVID-19, the relationship between China and the United States has become ever more complicated.

In early May, the Trump Administration changed the I visa rules for…

The Trump Administration has talked about reforming the F-1 Optional Practical Training (OPT) program for years. It first appeared on the 2017 DHS Regulatory Agenda as a proposed new rule. The stated purpose of the rule was to increase protections for U.S. workers through additional oversight and to reduce fraud and abuse of immigration…

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…

On May 11, 2020, the IRS issued guidance about how to return an Economic Impact Payment (EIP), also known as a COVID-19 stimulus payment. Ineligible individuals who receive EIPs are required to return them.

Resident and Nonresident Alien EIP Eligibility

The IRS guidance indicates that:

  • A person who is a nonresident alien in 2020 is

…

Just before midnight on April 23, 2020, President Donald Trump’s “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” went into effect. The proclamation’s purpose was to temporarily suspend the entry of new immigrants (green card holders) into the United States for…

On the same day that the Department of Homeland Security (DHS) recapitulated its usual policies and procedures for dealing with delays in processing extensions and changes of status due to COVID-19, 100 Democrats in the House of Representatives joined the Congressional Hispanic Caucus to urge the Trump Administration to automatically extend work authorization for…

As employers respond to workplace issues pertaining to COVID-19 (Coronavirus), it is important not to forget about foreign nationals working pursuant to temporary non-immigrant visas. Employers must avoid discriminatory policies and remember that there are additional rules and regulations that apply to employees on visas.

Here are a few things to keep in mind:

  • Working

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International students at U.S. colleges and universities can feel a bit more secure now that a federal district court judge in North Carolina has permanently enjoined the government from enforcing its 2018 Policy Memorandum that changed how “unlawful presence” would be calculated.

Judge Loretta Biggs, in Guilford College et al. v. Chad Wolf, U.S. Department…

According to the DHS Fall Regulatory Agenda, the Administration is planning further restrictions to immigration regulations that, if enacted, will affect employers.

Over the past few years, DHS has changed the way it reviews H and L visa petitions from employers, which has resulted in significant increases in Requests for Evidence (RFEs) and denials.…