Perspectives on Immigration

Students need to be aware of the current state of Student and Exchange Visitor Program (SEVP) guidance during the pandemic, various COVID-19-related travel bans, as well as the operating statuses of embassies and consulates around the world.

Attend this webinar to learn about the various visa categories available to foreign students after graduation to allow them to live and/or work in the United States.

Effective January 1, 2021, every private employer in Florida must either use E-verify, a federal web-based program, to verify the identity and work authorization for each new hire.

The October, 2020 Visa Bulletin significantly advanced the availability of green cards for most categories, allowing thousands of foreign nationals to file their last step in the green card process.

On August 3, 2020, USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions.

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, 2020.

The Executive Order directs the Department of Labor and Department of Homeland Security to generally review the use of H-1B workers at any job site to ensure that their employment does not adversely affect the wages and working conditions of US workers.

In a rare reversal, the Department of Homeland Security (DHS) rescinded its July 6, 2020 announcement that barred foreign students from staying in the US if they only took online courses.

Student and Exchange Visitor Program (SEVP), which is part of the Department of Homeland Security, just published a new rule stating, in general, that F-1 and M-1 foreign students cannot remain in or enter the US if they are enrolled in entirely online classes in the fall semester. 

President Trump has issued an Executive Order restricting foreign nationals from entering the US in various temporary work visa categories (H-1B, H-2B, L-1, and certain J-1 categories, restricting entry of family members requiring derivative visas).

On Friday, May 29, 2020, President Trump issued a proclamation, effective Monday, June 1, 2020, suspending indefinitely the entry into the US of certain Chinese students and researchers. 

Arent Fox Counsel Berin S. Romagnolo will present a webinar on I-9 & e-verify compliance tips on Wednesday, May 13, 2020.

President Trump signed an Executive Order, effective at 11:59 p.m. on Wednesday, April 23, 2020 (the “Effective Date”), suspending the processing of certain green card applications for 60 days. The suspension only applies to green card applicants who are outside the US as of the Effective Date and h

The DHS and ICE have issued Guidance Documents, Frequently Asked Questions, and a Reporting Template to guide higher education officials in staying in compliance with the applicable rules.

Employers are facing many employment decisions regarding their workforce amid the COVID-19 crisis. H-1B employees have rules particular to them which employers should bear in mind. This e-alert highlights the issues to consider. 

The federal law requires employers to physically inspect each employee’s Form I-9 documentation to prove their identity and work authorization. 

Employing foreign nationals in this uncertain and ever-changing immigration climate can be daunting.

The USCIS has significantly changed the way it will conduct its annual H-1B lottery this year, and, although many questions remain as to the exact logistics, one detail has been confirmed. 

Three recent settlements between very different employers and the US Department of Justice have highlighted the need for employers to be mindful of the complex interplay between export control laws and anti-discrimination provisions in US immigration laws.

The US Government will begin accepting applications for new H-1B employees soon, on April 1st. So, it is time to survey potential new hires and current employees in other immigration categories (ex: F-1 OPT’s, TN’s, J-1’s, and L-1’s) to identify who will need H-1B visa’s, and start preparing for tho

When it comes to immigration worksite visits, preparation is critical. Unannounced worksite visits are on the rise, and employers should be prepared.

This year, Arent Fox recognizes Partner Richard Webber and Associates Cesar Francia and Karen Van Essen for pro bono work that consistently goes above and beyond with comprehensive, long-term projects and deep dedication.

Employers with employees working pursuant to employment authorization under the Deferred Action for Childhood Arrivals program will likely have their workforce impacted by the termination of DACA.

California passed Assembly Bill 60 (AB60) which allows the Department of Motor Vehicles to issue a driver’s license to any person, which could include an undocumented person, who cannot establish their legal presence in the US but otherwise meets licensing requirements to drive a motor vehicle.

H-1B status is a non-immigrant status that allows a foreign national to work for a specific employer in a specific job at a specific worksite, for a specific period of time. Employers must file a petition with US Citizenship and Immigration Services on behalf of a foreign national.