Temporary (Non-immigrant) Work Visas

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

Due to COVID-19, USCIS announced that as of March 20, 2020, it is immediately suspending premium processing service for all Form I-129 and I-140 petitions until further notice. USCIS also said that petitioners that have already filed a form requesting premium processing will receive refunds if their cases are not acted on within the 15

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

On the same day the Public Charge Rule went into effect (February 24, 2020), immigrant advocates held a teach-in at Boston City Hall to try to lessen the uncertainty and fear that has been spreading through immigrant communities.

The Administration has stated that the Public Charge “[R]ule will protect hardworking American taxpayers, safeguard welfare programs

The Fairness for High Skilled Immigrants Act of 2019, introduced early in 2019 in both the House and the Senate (H.R. 1044 and S. 386), aims to eliminate the Green Card backlog for Indian and Chinese nationals. In July, the bill passed the House.

The Fairness bill would eliminate the per-country cap for employment-based immigrants

According to Chinese government data, the number of Chinese students studying in the United States rose from fewer than 1 million in 2000 to more than 6 million in 2017. The number of these students who are returning home to China has grown at close to the same rate. In 2000, hardly any returned, but,

Two years ago, then-Secretary of State, Rex Tillerson, proposed collecting 15 years of travel, address and employment history and 5 years of social media platforms, identifiers, phone numbers and emails from visa applicants selected for “extreme vetting.” It was predicted that this would affect only 0.5% of all visa applicants – approximately 65,000 annually. As of June 1, 2019, with the introduction of a new DS-160 Form, some of this information will be collected from all visa applicants – affecting approximately 15 million foreign nationals planning to come to the U.S.

Continue Reading New DS-160 Form Seeks Social Media Information, Affecting Millions of Visa Applicants

At the end of March 2019, the Trump Administration announced that it would release another 30,000 H-2B visas for seasonal employees for use through the end of September 2019. The annual allocation had been capped at 66,000 for the full year. In 2017 and 2018, the Administration increased the allocation by 15,000 visas. However,

President Donald Trump issued a Memorandum on April 22, 2019 aimed at reducing visa overstays – people who stay in the U.S. beyond the time authorized by their visas.  Assertions set forth in the Memorandum include:

  • For FY 2018, the Administration believes that there were 415,000 individuals in the U.S. who had overstayed on nonimmigrant