May 4, 2021
On April 30, 2021, President Biden issued a Presidential Proclamation imposing a COVID-19 public health travel ban on foreign nationals with recent physical presence in India. This same type of travel ban is also already in effect for other countries experiencing high levels of COVID-19 infections, including Brazil, China, Iran, Ireland, countries in the European Schengen Area, South Africa, and the United Kingdom. Starting on May 4, 2021, foreign nationals who have been physically present in India within 14 days
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Feb 8, 2021
by Kristine Nazir On January 25, 2021, President Biden issued a Presidential Proclamation reinstating COVID-19 travel restrictions. The Proclamation bars the entry of non-US citizens who were physically present within the United Kingdom, Ireland, Brazil, South Africa, and 26 countries in Europe, called the Schengen Area, during the 14-day period preceding their entry or attempted entry into the United States. The Proclamation provides exemptions for family members of U.S. citizens, those traveling with nonimmigrant visas, and individuals invited by the
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Jan 15, 2021
The shareholders of the law firm Tueth Keeney Cooper Mohan & Jackstadt, PC recently elected Diane E. Metzger to the Firm’s Management Committee as of January 1, 2021. Diane joins Margaret Hesse and Kate Nash, making Tueth Keeney’s Management Committee all-female for the first time in the Firm’s history. Outgoing Management Committee member Rob Jackstadt will continue to assist in an ex officio capacity, and will represent the Firm’s Edwardsville office. Rob served as the Finance Chair of the Management
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Jan 8, 2021
by Kristine Nazir The U.S. Citizenship and Immigration Services (USCIS) announced its final rule altering the existing H-1B Cap selection process. The final rule will replace the current random selection process with a new salary-based ranking system.
- In lieu of a random lottery, USCIS would rank the cap registrations based on prevailing wage levels, first selecting registrations that meet highest prevailing wages and proceeding in descending order.
- It will be implemented for both the H-1B regular cap and the
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Jan 5, 2021
by Kristine Nazir On December 31, 2020, President Trump extended Proclamation 10052 until March 31, 2021. Proclamation 10052 suspended the entry of certain H-1B, L-1, and J-1 visa holders into the United States in light of the COVID-19 pandemic. At this time, it is unknown if President-elect Biden will rescind the Proclamation when he takes office. Due to the current uncertainties associated with international travel and the impact of COVID-19, we generally recommend against traveling abroad, if such travel can
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Dec 7, 2020
As recently reported in our firm insight, on December 1, 2020, a federal judge struck down certain policies proposed by the Department of Labor (“DOL”) and Department of Homeland Security affecting the H-1B visa program, including changes to the H-1B visa program’s required wage system. In some instances, the new policies resulted in a more than 50% increase in the wages required for certain H-1B positions. In response to this court ruling, however, the DOL has
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Dec 3, 2020
by Kristine Nazir On December 1, 2020, a federal judge struck down the policies proposed by the Department of Labor and Department of Homeland Security regarding H-1B visa holders, finding the policies were created in violation of the Administrative Procedure Act (“APA”). The first policy, unveiled by the Department of Labor on October 6, 2020, proposed to increase wages for foreign workers based on surveys of salaries in each profession. The second policy, published by the Department of Homeland Security
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Oct 7, 2020
After being passed by Congress and signed by the President in the wee hours of October 1, 2020, a new law will make USCIS’s Premium Processing service more widely available, potentially benefiting employers and individuals who have previously been subject to long and unpredictable processing times for USCIS benefits. Premium Processing services allow a petitioner to pay an additional fee and receive faster processing of the petition within a guaranteed timeframe. Under the new law, USCIS will make Premium Processing
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Sep 9, 2020
The Department of Homeland Security has submitted a new H-1B visa regulation to the Office of Management and Budget (OMB) for final review. Though the contents of the regulation will remain confidential until released for publication, the proposed rule is expected to provide a more restrictive definition of a “specialty occupation” for H-1B visa holders and make it more difficult for H-1B professionals to work at third-party customer locations. Once OMB reviews and approves the proposed regulation, we anticipate that
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Aug 21, 2020
On March 19, 2020, the Department of Homeland Security (DHS) announced its deferment of the in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification, due to precautions associated with COVID-19. On August 19, 2020, DHS announced its extension of this policy for an additional 30 days, through September 19, 2020. Please note, this policy only applies to employers and workplaces that are operating remotely. Employees physically present at a work location are not exempt from
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Diane E. Metzger
Melanie Gurley Keeney
Laura E. Hemmer