Department of State Provides Guidance to Presidential Proclamation for National Interest Exception

On August 12, 2020, the State Department issued new guidance that expanded the ways foreign nationals and their employers could overcome Presidential Proclamation 10052 and its suspension of entry of foreign nationals on H-1B, L-1 and certain other temporary visas until at least December 31, 2020. The guidance broadened the “national interest exceptions” to the June 22nd proclamation. Overall, the guidance provided an exception for health-care professionals working to alleviate the effects of COVID-19; travel supported by a request from

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Immigration Alert: Presidential Proclamation Temporarily Suspending Entry of Certain Nonimmigrants is Effective TODAY

As anticipated, on Monday, June 22, 2020, President Trump  issued a Presidential Proclamation (also referred to as Executive Order) that temporarily suspends entry into the United States of certain foreign nationals seeking to enter in the following visa categories:  H-1B (specialty occupation workers), H-2B (seasonal non-agricultural workers), L-1 (intracompany transferees) and certain J-1 visa holders (intern, trainee, teacher, camp counselor, au pair, or certain summer work travel program workers).  This temporary suspension on entry also applies to the dependents of

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Supreme Court Upholds DACA

by Kristine Nazir On June 18, 2020, the Supreme Court ruled that the Trump administration’s termination of the program known as Deferred Action for Childhood Arrivals, or DACA, was “arbitrary and capricious,” in violation of federal law that governs administrative procedure.  The ruling will protect hundreds of thousands of young immigrants, an estimated 700,000 recipients, who have been shielded from deportation and allowed to receive work permits under the program. The government agency responsible for processing DACA applications, U.S. Citizenship

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Presidential Proclamation Suspends the Entry of Certain Chinese Graduate Students and Researchers into the U.S.

by Kristine Nazir The Proclamation bans Chinese nationals in F or J status in graduate-level programs who are or have been associated with Chinese entities involved with China’s “military-civil fusion strategy” from applying for visas or seeking entry into the U.S.  The “military-civil fusion strategy” is defined as “actions by or at the behest of China to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance China’s military capabilities.” The Proclamation took effect on

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H-1B Compliance for Remote Workers – COVID-19 Update

by Melanie Keeney & Diane Metzger As you know, many H-1B employees may be working remotely from their homes to help combat the spread of COVID-19.  The applicable regulations require that notice be posted at the H-1B employee’s physical worksite location(s), regardless of whether the worksite is situated at an employer’s headquarters, a client office, a home office, etc.  When an employer contemplates an H-1B employee working from home at the time of hire, the safest approach is to include

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Tueth Keeney Adds Two New Shareholders

Tueth Keeney is proud to announce the addition of two new Shareholders, Diane Metzger and Mollie Mohan, to the firm, as of January 1, 2020. Diane Metzger is a graduate of Saint Louis University School of Law (’08) and Saint Louis University (’05).   She practices primarily in the area of employment-based immigration.   In particular, Diane provides legal advice and counsel regarding the hiring of foreign workers and compliance with the nation’s immigration laws. Mollie Mohan graduated

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Tueth Keeney Presents Annual Association of Corporate Counsel CLE Program

ACC CLETueth Keeney partnered with the Association of Corporate Counsel ““ St. Louis on November 22, 2019 for its annual CLE luncheon. This year’s presentation was titled: “What’s New and on the Horizon in Employment Law.” The presentation was well attended and covered a variety of topics in employment law. Margaret Hesse and Jim Layton presented on recent Missouri Supreme Court arguments on the Missouri Human Rights Act

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