Business Immigration Insights

Recent court decision continues trend of US making significant improvements in allowing the accompanying spouses of foreign workers to lawfully work in the United States.

On January 29, 2024, the Department of State’s stateside visa pilot renewal program began accepting DS-160s for qualifying individuals seeking to renew their existing H-1B visas while they are in the United States.  As discussed in our previous blog post about this new program, the program allows individuals in the United States who are renewing an H-1B visa issued by US consular sections in Canada between 1/1/2020 and 4/1/2023 or one issued by US consular sections in India from 2/1/2021 and 9/30/2021 to do so online through the Department’s CEAC website rather than having to travel outside the US to obtain the visa. 

This is a follow up to our prior post on Domestic Visa Processing.

The Department of State has officially released the details of the long-anticipated domestic visa processing pilot program. The pilot program will be open starting on January 29, 2024, and will accept up to 20,000 applications, with applications accepted on a rolling basis. The system is set up to release approximately 4,000 application slots each week for the first 6 weeks of the program starting Monday, January 29, 2024. Once the weekly limit is reached, the system will be locked until the next set of slots are released following next week. The system will be open until April 1, 2024, or until all application slots are used, whichever comes first.

Starting in 2024, US citizens traveling to 30 European countries (most of western Europe except for the UK, see list below), will need to get pre-approval from the EU authorities before traveling.

In the 10 weeks since we last wrote about international travel, some countries have moved to allow more fluid international travel.  For example, the United Kingdom has introduced a set of quarantine exceptions and the United States clarified who is eligible for exemptions to the Presidential Proclamations limiting visa issuance and travel.

UPDATES as of July 1, 2020:  Please see our new piece, Entry Ban Update, for additional information that has become available about how the proclamation is being enforced for Canadians, visa renewals, and exceptions.

We last wrote about international travel during COVID-19 in March, with a general overview and a separate article about travel in North America.  Since then, many changes have occurred (for example, those traveling to Canada and the United Kingdom must now quarantine for 14 days after arrival), while other elements of travel have remained the same (U.S. consulates around the world remain closed). As of June 18, 2020, countries are continuing to respond with travel warnings, travel restrictions, health screenings, quarantines, and extensions of immigration status for affected ...

Since 1990, the United States has granted up to 50,000 green cards each year to immigrants selected through the “Diversity Visa Lottery.”  Recently, the US Department of State announced delays in processing these cases due to COVID-19.  This development further exacerbates challenges caused by COVID-19, including the temporary suspension of visa appointments and USCIS in-person services, which we reported on last month, and the April 22 Executive Order halting immigrant visa admissions for 60 days.  See our analysis of the Order here.

Unemployment insurance, as described in a recent blog post by our Labor and Employment colleagues, is a “joint federal-state program, administered separately by each state following guidelines established by federal law.”  While the requirements of these programs vary from state to state, eligibility criteria generally exclude nonimmigrants whose work authorization is tied to a specific position with a specific employer (e.g., TN, H-1B, and L-1 workers).

In response to the ongoing COVID-19 outbreak, multiple travel restrictions are in effect for travel in and out of the United States and its neighboring countries.

UPDATE – Thursday March 20 – Department of State Officially Announces the Suspension of ALL Routine Visa Appointments WORLDWIDE

Effective today, Friday March 20, the US Department of State is suspending routine visa services at all embassies and consulates worldwide. All routine (non-emergency) visa appointments will be cancelled until normal operations resume.  If applicants whose appointments are cancelled have already paid the MRV application fee, that fee will remain valid for a future appointment within one year.

Employers face many urgent issues in responding to the US outbreak of the novel coronavirus, COVID‑19.  The disease has forced employers to develop and implement workplace safety, mitigation, and business continuity plans.  These may include allowing employees to work from home or from alternate unaffected worksites, as well as outsourcing I-9 document reviews to agents in remote locations. Economic slowdowns have occurred in some sectors due to the global pandemic, requiring some companies to consider or implement temporary employee furloughs or even reductions in force.

Overview

As of mid-March 2020, countries are responding in various ways to the outbreak of the novel coronavirus (COVID-19). Concerning immigration and movement of people around the world, these responses generally fall into a few categories, including travel warnings, travel restrictions, health screenings and quarantines, and extensions of immigration status for impacted individuals.

This article addresses the impact of the outbreak on international travel, with specific information from several countries. In a separate article, we addressed how the outbreak affects immigration workplace compliance. All of our COVID-19 articles will be updated as new information becomes available.

In 2019, the large policy and enforcement shifts signposted in 2017 and 2018 continued to play out with stricter immigration enforcement across the board. While we don’t expect to see seismic shifts in the coming year, there are a few issues to watch for in 2020.

(1) H-1B “Specialty Occupation” Definition Change Likely to Stall in Court

USCIS has indicated it will be announcing an official change to the definition of “specialty occupation.” While we have already seen a detrimental shift in the H-1B adjudication process, this would be an official regulatory change. We expect that any attempt to re-interpret the H-1B statute as narrowly as possible will face a lengthy court battle.

When traveling abroad for business, there are many things to remember – meeting schedules, presentation materials, business cards, dress clothes, etc. While immigration requirements can get lost in the shuffle, immigration documents should be on any business traveler’s pre-trip checklist. Forgetting required documentation can result in experiences that range from slightly inconvenient to potentially disastrous, including:

• Missed flights;
• Refusal of entry;
• Long periods waiting in secondary inspection; and/or
• Canceled trips.

While many of the most common Canadian business immigration options have close US equivalents, there are some options that are uniquely Canadian.

This is intended as informational only. If you have a question about a particular scenario, contact one of our immigration attorneys for guidance.

Francophone Mobility - Mobilité Francophone

To “promote Francophone immigration in Francophone minority communities”, Canada has a special immigration option for French speakers with job offers outside of Quebec. The offered position must be in a managerial, professional ...

The government of Prime Minister Justin Trudeau remains in power following last week’s Canadian federal elections. Despite losing a clear majority, Trudeau’s Liberals are still the largest party in Parliament with enough seats to form a minority government. With what is largely a continuation of the status quo, immigration priorities are likely to remain unchanged, with Canada continuing a policy of encouraging employment-based immigration.

Similar to the US, Canada has entry and work authorization requirements that vary based on several factors including

• the reason for ...

Most frequent business travelers and the teams that support them are familiar with the usual immigration options of visas, visa-free business travel, and work permits. These can be frustrating, time consuming, and not always a good fit for schedules or travel purposes. Thankfully for those headed to Asia, many countries have immigration options that lack the issues of more traditional routes.

During the 2019 Women’s Soccer World Cup, those searching for immigration stories had to look to the sidelines. At the 2019 Rugby World Cup, happening right now in Japan, you find similar stories about itinerant coaches and countries bringing in top coaches from overseas to give them an edge. But at this event, the sidelines are not the only place where interesting immigration tales can be found.

Just look to the stands – and the scrum.

The Stands

When the Women’s Soccer World Cup kicked off in France earlier this year, many teams could expect loyal turnout from France’s large ...

As discussed in last week’s post, obtaining US citizenship is the ultimate goal for many foreign nationals in the US who often wait years for a green card and then wait a few more years to apply for citizenship through naturalization. But naturalization is not the only way to obtain citizenship. A major source of data on citizenship laws, GlobalCit’s Global Database on Modes of Acquisition of Citizenship available from the Global Citizenship Observatory has identified 30 different modes of acquisition of citizenship, 10 of which are available under US law through more than 15 different sections of the Immigration and Nationality Act.

In 2018, the US received approximately 740,000 visitors a week. While that number looks big, when compared to the US population of 372 million, it is relatively small, equal to only .2 percent of the population. In stark contrast, last week Saudi Arabia, a country of about 33 million people, hosted about 140,000 international visitors for the annual Hajj pilgrimage, temporarily increasing its population by 4 percent.

In 1985, near the village of Schengen in Luxembourg, five European countries signed an agreement to gradually eliminate border controls between their countries. Since then, the Schengen agreement has become the basis for the elimination of border controls between 26 European countries facilitating the flow of people and goods throughout Europe. Visitors are subject to immigration inspection when entering the Schengen area, but not when traveling between Schengen states.

Sunday as the country watched the US women cruise to victory over the Dutch, some immigration lawyers were wondering:

How many of the players are immigrants?

We know soccer teams draw their stars from around the world. For example:

• the current Manchester United F.C. first-team squad features players from 14 different countries,
• the current D.C. United MLS team features players from 10 countries, and
• the Washington Spirit, DC’s local women’s professional team that includes Rose Lavelle who scored a beautiful goal in the World Cup Final, features players from 3 countries.

This ...

While TSA pre-check may get you through US security faster, expediting departure, there are also benefits available on the other end of the trip through a variety of other programs that expedite international arrival processes.

Collectively known as Trusted Traveler Programs, most of these programs feature:

• Fast-track lanes and streamlined entry processes
• Facial recognition software and other technologies used to screen passengers
• Eligibility limited to a specific list of nationalities that vary by program
• A pre-approval process that includes a background check and ...

With H-1B Cap premium processing winding down, employers will soon start to get back petitions that were not selected in the lottery. Employees who have other statuses, such as F-1 OPT or L-1, can just keep working and their employers can try again next year. For others, however, if the FY2020 cap was their only option until FY2021, employers may need to make other plans. Before you part ways with a stellar nonimmigrant employee, give a thought to global options.

Return Home: Having your employee work remotely from their home country is the easiest option from an immigration perspective ...