Immigration

This alert provides an update on the government’s implementation of its June 22, 2020 Presidential Proclamation restricting entry of H, L and J visa holders into the United States.

This alert outlines President Trump’s June 22, 2020 travel ban proclamation, which extends a temporary travel ban announced on April 22, 2020 that restricted certain individuals issued immigrant visas at U.S. consulates from entering the US.

Last week the U.S. Supreme Court upheld three lower court rulings, holding that President Trump’s 2017 move to rescind the Deferred Action for Childhood Arrivals (DACA) program was unlawful under a federal law known as the Administrative Procedure Act (APA). In its landmark decision, the Court held that the Department of Homeland Security’s termination of DACA was “arbitrary and capricious” under the APA. This challenge presented a complex set of legal arguments, which we analyze in further detail.

This article provides a quick look at the Supreme Court’s 5-4 decision ruling that the Trump administration’s 2017 rescission of DACA was unlawful.

On Tuesday, June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) announced they would again extend flexibility related to in-person Form I-9 compliance that was granted earlier this year, in March 2020.

On Monday, June 15, 2020, 14 Passport Agencies entered the first phase of a three-phase re-opening plan. Beginning in March, all Passport Agencies were closed to in-person appointments for urgent passport applications except in cases of documented life or death emergencies requiring international travel within 3 days.

On May 29, 2020, President Trump issued a proclamation suspending the entry of certain Chinese F-1 and J-1 foreign students and exchange visitors who have ties to Chinese institutions that support the People’s Republic of China military initiatives.

On May 26, 2020 Customs and Border Protection (CBP) announced that it is further extending its suspension of operations at all Trusted Traveler enrollment centers until at least July 6, 2020 to protect CBP officers and the general public from exposure to COVID-19.

On June 1, 2020, USCIS resumed premium processing in phases by case-type. Premium processing had been temporarily suspended since March 20, 2020 due to the COVID-19 pandemic.

The Mintz immigration alert provides background and details about USCIS’s May 27, 2020 announcement that it plans to raise filing fees by an average of 21%.

This alert provides information about USCIS’s reopening of domestic offices for non-emergency appointments on or after June 4 to resume services suspended due to COVID-19.

This alert provides insight on USCIS’s Serenity Info Tech et al. v. Kenneth T. Cuccinelli settlement, which overturns 10 years of policies limiting employers of certain H-1B visa holders.

This article outlines Treasury Department and IRS tax relief available to individuals and businesses affected by travel disruptions related to the COVID-19 pandemic.

On Friday May 15, 2020, U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) announced they would extend flexibility related to in-person Form I-9 compliance that was granted earlier this year.

The coronavirus pandemic has caused unprecedented disruptions and damage across the world, and its grave impact has been felt acutely by international students in the United States.

Foreign nationals must have a current priority date in order to be eligible to file a Form I-485 Application for Adjustment of Status to Permanent Resident, also known as a Green Card.  In the meantime, applicants who are waiting for their priority date to become current can begin collecting some of the required documentation for the I-485 filing.

Given the challenges presented by COVID-19, many businesses must consider large-scale, transformational changes to their operations. As social distancing continues and safety concerns pervade the public consciousness, adjustments to the physical workspace and business travel practices will be necessary to reflect these new considerations. In Part 4 of our COVID-19 Roadmap Series, we outline important planning steps and concerns employers need to consider relating to physical workspaces and business travel.