The third time is the charm for the Trump Administration, for now. On Monday, Dec 4, 2017, the U.S. Supreme Court issued an order allowing President Trump’s third attempt at a travel ban to take full effect while the issue of its constitutionality is litigated in the circuit courts. This decision has the practical effect of lifting hard-fought blocks against the controversial ban.
Continue Reading SCOTUS allows travel ban 3.0 to take effect

President Trump issued three Executive Orders during the first week of his administration to fulfill his campaign promises. During the campaign, President Trump promised to build a wall along the southern border with Mexico and to impose a ban on the admission of Muslims until the new Administration could impose “extreme vetting” of all non-citizens admitted to the United States. A third Executive Order seeks to withdraw federal funding for sanctuary cities. The implementation of these Orders has been uneven, instilling fear and uncertainty among travelers, their employers and families, leading to numerous demonstrations in cities and at airports throughout the country.

While the three orders addressed different aspects of immigration, the most impactful order was the third one signed and immediately implemented on the late afternoon of Jan. 27, 2017. This order, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” suspended immediately the admission of all refugees for 120 days, Syrian refugees indefinitely and it prohibited the admission of all citizens from seven designated countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) with both immigrant and nonimmigrant visas for 60 days. Certain diplomatic visa holders were exempted from the Executive Order. While the Order provided for individual exemptions on a case by case basis, in the national interest, the standards and the procedures to apply for this exemption were not identified in the Order.
Continue Reading President Trump’s immigration Executive Orders

Now that it is clear that Donald Trump will be the 45th President of the United States, questions are continuously being asked about how the regime change when he takes office in January of 2017 will impact labor and employment law. Acknowledging that any discussion of Trump’s policies before he takes office on Jan. 20, 2017 is purely speculation, it is important for employers to consider the potential implications on labor and employment law.
Continue Reading November election results likely will significantly impact labor and employment law in coming years

Special thanks to summer associate Sara Schiavone for her work on this blog post.

Human resource professionals who are managing the immigration processing for Indian nonimmigrant employees should be aware of the increased processing times for the visa application at consulates in India. The extraordinary increase in routine processing for nonimmigrant visas requires significantly more planning to avoid long periods of non-productivity while employees are stranded abroad waiting for a visa appointment.

It was not that long ago that one week was seen as a standard timeframe to receive an interview appointment. However, applicants now experience wait times as long as four months. As of July 2016, current wait times for nonimmigrant visa (NIV) interview appointments other than B (visitor), F (student) and J (exchange visitor) at the following consular posts are:
Continue Reading Long wait times for Indian nonimmigrant visas merit human resources planning

It is again the time for U.S. employers to begin considering filing H-1B petitions for prospective new foreign national employees. These petitions can be submitted to U.S. Citizenship and Immigration Services (USCIS) on or after April 1, 2016 for employment beginning no earlier than Oct. 1, 2016, the beginning of the government’s 2017 fiscal year. The H-1B visa category provides for the temporary employment of foreign nationals who will work in “specialty occupations,” or those jobs for which at least a bachelor’s degree in a particular field is required, such as engineers, teachers, accountants, and many professional information technology positions.. The problem is that there are only 85,000 H-1B visas available each year and we again expect, as in years past, for these numbers to be quickly claimed.
Continue Reading Employer alert: a new H-1B filing season brings hope and anxiety

2016 has arrived, marking the beginning of a year of political transition. While we cannot be certain what the upcoming Presidential election holds for 2017, we can expect to see at least seven employment law trends as we move through this year.

1. Increase in Fair Labor Standards Act (FLSA) initiatives and enforcement

The Department

Last night President Obama addressed the nation and outlined his long awaited Executive Order to begin the process of immigration reform. His speech emphasized the policy imperative to improve the system, and encourage economic growth consistent with our values respecting and protecting individual rights. The President, anticipating the Republican response, reiterated that it is the

U.S. Citizenship and Immigration Services (USCIS) is warning the public of a new telephone scam targeting foreign-born immigrant applicants and petitioners. The scammers contact individuals in temporary status, and identify themselves as USCIS or other government officials. The callers often have some private information, and are very skilled at collecting more private information, and then using that information to lend credibility to their claim to be governmental officials. The callers use “Caller ID spoofing” to display a misleading phone number (often 911) in the recipient’s Caller ID, and then claim that due to problems with the recipient’s application or records, they must quickly pay a large sum of money to correct such errors or avoid severe penalties like deportation.

Recently, we were alerted to an H-1B visa applicant who was contacted and was told to provide $5,000 in order to avoid deportation. After paying this sum, the scammer again called her to further demand she provide an additional $20,000! Despite warnings that she should not talk to anybody else about this request, she nevertheless contacted her Human Resources department and learned that the call was a scam. We have learned that this is a common, yet quite sophisticated scam and many immigrants – many of whom are highly educated – have fallen victim to the pressure. While the immigration laws can be complex, and compliance is often counter-intuitive, the Government will NEVER request that money be sent to avoid unpleasant results.
Continue Reading Scam Alert! Beware of Telephone Scams from “USCIS” Officials Asking for Money

The Government shut-down resulting from Congress’ inability to pass an appropriation measure or continuing resolution will have varied impacts on employers and individuals who require visa applications, and immigration processing at the several agencies with responsibility for the administration of the immigration laws. Several agencies have issued statements as to which operations will continue as