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Travel Bans for Foreign Nationals From 19 Countries Effective June 9

On June 4, President Trump issued a proclamation that fully bans entry into the United States for certain foreign nationals from 12 countries, and partially banning entry from seven more....more

No Visas for Foreign Transgender or Male Athletes Competing in Women’s Sports

President Trump signed an Executive Order (EO) banning athletes assigned male at birth from competing in women’s sports. This applies to sports competitions within both educational institutions and athletic associations....more

Digital Borders: The Power of Immigration Officials’ Authority to Search Your Devices

US Customs and Border Protection (CBP) has the authority to search electronic devices — including phones, laptops, tablets, and other electronic devices — of anyone entering the United States, including US citizens and...more

Implications of New Federal Immigration Policies for Health Care Facilities, Part 2: Patient Privacy Concerns

On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that previously designated hospitals, clinics, and other health care facilities as “protected areas” and limited immigration enforcement...more

Foreign National Travel Is Riskier Due to Maximum Visa and Admission Vetting and Restrictive Visa Interview Waiver Criteria

Foreign nationals and employers should plan all international travel more carefully and further in advance. President Trump issued an executive order (EO) directing various federal agencies to coordinate their efforts to...more

Key Changes to the H-1B Visa Program: Self-Employment, Lottery Exemptions, Cap-Gap Approvals, and Site Visits

The H-1B is the most common work visa for foreign nationals in professional-level jobs in the United States. Effective January 17, there is a new H-1B “modernization” rule which introduced some significant changes and...more

Implications of New Federal Immigration Policies for Health Care Facilities, Part 1: Preparing for an Onsite Enforcement Action

On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that prohibited immigration enforcement actions in or near medical and health care facilities and other protected areas. Hospitals and...more

Due to Heightened I-9 Scrutiny Under Trump Administration, Employers Should Proactively Audit Their I-9 Compliance

President Trump is focused on immigration compliance, including I-9 compliance. The federal Form I-9 is the form that every employer has to complete for every paid employee within their first three days of employment....more

New I-9 Form and Remote Verification Option for Certain Employers Enrolled in E-Verify

The US Department of Homeland Security (DHS) has issued a new Form I-9, the form all US employers must use to verify the identity and work authorization of all paid employees within the first three days of their employment....more

Some Overdue, but Limited, Relief for Working H-4, L-2 & E Spouses

The USCIS (US Citizenship & Immigration Service) announced a new rule to aid in the recent dilemma many foreign national families and US employers have confronted; namely addressing the gap in work authorization and...more

USCIS Implements New Fees & Forms & Premium Processing Is Lengthened

On August 3, 2020, USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions. The rule, which will be effective October 2, 2020, also removes certain fee...more

DHS & ICE Extend & Expand I-9 Flexibility

In recognition that many employees are still working remotely due to COVID-19 health concerns, the Department of Homeland Security (DHS) and the US Immigration and Customs Enforcement (ICE) has extended through September 19,...more

New Executive Order & Information Sharing Practices Increase Inspections of Federal Contractors’ Use of Temporary Foreign Workers...

On August 3, 2020, President Trump signed an Executive Order requiring each executive department and federal agency to review the performance of contracts and subcontracts awarded in fiscal years 2018 and 2019 to determine...more

DHS Rescinds Announcement, Allows Foreign Students to Study Online in the US

In a rare reversal, minutes from the start of a federal court hearing in a lawsuit brought by Harvard University and the Massachusetts Institute of Technology (MIT) against the US government, the Department of Homeland...more

Higher Ed Has Special Reporting Procedures Regarding Its Foreign Students Due to COVID-19

Recognizing that many higher education institutions are temporarily closing its campuses and switching to online classes, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have issued...more

I-9 Inspection Requirements & E-Verify TNC Timelines Are Temporarily Relaxed Amid the COVID-19 Crisis

The federal law requires employers to physically inspect each employee’s Form I-9 documentation to prove their identity and work authorization. E-Verify requires employees to resolve errors in work authorization and identity...more

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