MDIVANI CORPORATE IMMIGRATION UPDATE

President’s Proclamation on Immigration

President Trump issued a proclamation on June 22, 2020 suspending non-immigrant and immigrant visa applications for H1B, L01, J-1 and other visas and green cards at US Consulates, and instructing agencies to make it more difficult for employers to hire international personnel on temporary legal work visas. It is a continuation of the April 22nd Proclamation, but with more specific restrictions The Proclamation specifically addresses H-1B, H-2B, J, and L visas including any dependents. The Proclamation applies to international workers who: Are outside of the US; Do NOT have a non-immigrant visa that is valid on the effective date of this proclamation; and Does not have an official travel docu

Supreme Court’s Decision to Uphold DACA A Relief for US Businesses

The Supreme Court upheld the Deferred Action for Childhood Arrivals (DACA) program today. Within 10 minutes of the decision, a business owner whose essential transportation-related business employs DACA workers, texted me about how relieved he was. DACA provides employment authorization to young immigrants who contribute to many essential businesses. Without these employees, many essential businesses, including hospitals, food and agriculture-related employers, transportation and logistics businesses, are in danger of losing valuable workers and business operation disruption. Many US employers breathed a sigh of relief as stability of the workforce is at the core of their ability to opera

DHS Extends Temporary I-9 Changes Until July 19

DHS is once again extending the flexibility in I-9 requirements for employers operating remotely due to COVID-19. The flexibility allows employers with specifically written policies to review documents provided to establish identity and employment authorization remotely. With this extension these policies will now last from June 18 until July 19, 2020. As a reminder, we reported on the changes here and explain how to implement a COVID-related policy implementing these I-9 flexibilities: DHS Guidance Update for E-Verify and I-9 Compliance During COVID-19 Pandemic As a reminder, the policy allows for employers with specifically written policies to virtually inspect documents presented for Form

US Employers Need to Know how to Comply with LCA and Public Access File Requirements for H-1Bs – Wat

Federal Regulations require US Employers to set up a Public Access File documenting compliance with obligations set out in Employers’ Labor Condition Applications (LCAs) that are filed as part of many Employer sponsored work visas. The government conducts random audits to ensure compliance with the LCA requirements, and those audits are increasing. Employers need to be prepared! Public Access Files - 7 requirements: Public Access Files (PAFs) need to be created when an LCA is filed for an H-1B. We have broken down the requirements into seven (7) items that must be included in Employers’ Public Access Files, and we explain these in detail during our trainings. PAFs must include: 1.

Passport Validity Dates May Cut Short Employment Eligibility

U.S. Employers need to know that in some situations their workers’ passports may limit their work authorization When an international employee of a US business applied for a work visa based on an approved US employer’s petition at a US Consulate abroad, the consular officer will usually look at two dates: The dates on the Employer’s approval notice for the I-129 Petition filed in the US (when an approved I-129 for H-1B, TN, L-1, etc. is applicable for the type of case), and The expiration date of the incoming employee’s passport. Officers won’t issue visas beyond validity date of the passport. Shortened Employment Eligibility Triggers I-9 Compliance Issue for US Employers There is confusion

Employers May Have More Certainty as USCIS Resumes Premium Processing for H-1B, TN, L Petitions as w

Some good news for Employers struggling with business planning due to the uncertainty of the future of visas for their valuable international employees – USCIS has announced that it will resume premium processing in phases for certain cases over the month of June. Premium processing will resume for all eligible I-140 petitions at the beginning of June and phase in I-129 petitions over the next several weeks. Why this Matters: US Employers do not like the uncertainty in the current climate, where presidential proclamations may limit their ability to hire and retain their highly skilled international talent. Employers want to properly plan and to be able to focus on conducting their business.

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Overland Park, KS 66211

United States

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