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.
As of May 1, 2020, when employers verify identity and employment authorization for their employees, they must use the October 21, 2019, edition of Form I-9, Employment Eligibility Verification.
Continue Reading USCIS Updates M-274 Handbook for Employers for I-9 Verification
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?
Reacting to the novel coronavirus that originated in Wuhan City in Central China, the Trump Administration has issued a proclamation prohibiting anyone from entering the United States who has been physically present anywhere in China within 14 days of seeking US entry. The prohibition has no fixed end date, but is to be reviewed every 15 days by the Secretary of Health and Human Services.
The prohibition does not apply to US citizens or lawful permanent residents, their spouses, or their minor children. If the citizen or permanent resident is a child under age 21, the prohibition does not apply to the child’s parents, guardians, or minor siblings. It also does not apply to anyone who is traveling on a diplomatic or crewmember visa or to a handful of additional, unusual situations.
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.