News sources are reporting that, on September 20, Jeff Zients, White House Covid Response Coordinator, announced easing of restrictions on direct entry into the US by fully vaccinated international travelers.  Few details are available as of this writing.

Continue Reading The end of NIEs is Nigh – Biden’s Covid Team Announces Travel Restrictions to be Lifted in November

At some point this year, we expect that the United States will lift the travel ban that includes all of the Schengen countries, the United Kingdom, China, and others.  While there have been many rumors about when this will happen, the US government remains silent. When the United States lifts the travel ban, US visa holders in the United States will have many questions about whether they can travel abroad, when they can return, and what impediments they may face.  The following FAQs address these questions. 
Continue Reading International Travel After the US Travel Ban is Lifted – What Visa Holders Can Expect

In the ten days since we reported on presidential Proclamation 10052, certain questions we and other immigration attorneys had about the proclamation have been clarified.  The proclamation established a ban on admission to the United States for people in the H, L, and J nonimmigrant visa categories for the rest of calendar year 2020. 

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).

Continue Reading COVID-19: Are Nonimmigrants Eligible for Unemployment Benefits?

President Trump signed the eagerly awaited Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020.  What does it mean for people who are affected by COVID-19 and living here on work-authorized visas?  They, like their colleagues who are US citizens and permanent residents, have also been furloughed without pay, laid off, and affected by university closures.  But, unlike their colleagues, nonimmigrant workers are also at risk of involuntarily violating or even losing their US immigration status during COVID-19.  To understand why, see our earlier blog, COVID-19: How Do Furloughs Affect Nonimmigrant Workers?  Unfortunately, the Act is silent on the fate of these workers.  While it provides general relief that may also aid nonimmigrants, their eligibility for that relief is not entirely clear.

Continue Reading COVID-19: CARES Act Offers No Specific Relief to Nonimmigrant Workers, But May Help Them Anyway

Employers nationwide are implementing work reductions, closures and furloughs in order to reduce costs during the COVID-19 economic slowdown in the United States.  When employees are put on reduced hours or furloughed, employers face changing legal obligations in multiple areas of labor and employment law.  Companies that employ nonimmigrant workers should not overlook the additional legal obligations they have toward these employees, especially those who are on visas that have prevailing wage requirements.

Continue Reading COVID-19: How Do Furloughs Affect Nonimmigrant Workers?

Employers, already dealing with a chaos of urgent-action items caused by COVID-19, must not overlook the stringent posting requirements under US Department of Labor (DOL) regulations for employees in H‑1B, H-1B1, and E-3 status, and for all employees, regardless of status, who are being sponsored for green cards through labor certification (“PERM”).
Continue Reading COVID-19: How Do Employers Comply with DOL Posting Requirements for Remote Employees?

As reported in the Hunton Labor & Employment blog, COVID-19 has disrupted the global economy and employers may soon face the need to reduce expenses associated with exempt employees. Employers can place exempt employees on furlough, or, in some cases, reduce salaries and hours, without jeopardizing the FLSA exemption, but exceptions may need to be

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.

Continue Reading COVID-19: How Does the Outbreak Affect Immigration Workplace Compliance?