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.

Continue Reading COVID-19: Impact of Closures, Delays, and Executive Order on Diversity Visa Program

On March 23, 2020, we wrote about the impact of the global pandemic on travel between the United States and neighboring countries, in COVID-19: How Does the Outbreak Affect Travel Between the United States and Mexico or Canada?  We explained that the US, Mexican and Canadian governments had agreed to close their contiguous borders between March 20 and April 20, 2020, and then reassess whether borders should be reopened depending on the progress of the pandemic.

Continue Reading COVID-19 UPDATE: Travel Still Stymied Between US and Its Neighbors

On March 30, 2020, we wrote about “satisfactory departure” in COVID-19:  How Does the Outbreak Affect Visa Waiver (ESTA) Travelers?  As we explained, visitors to the US who arrive under the Visa Waiver program who cannot depart within 90 days due to the pandemic may request a 30-day “satisfactory departure” period from US Customs &

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?

The COVID-19 pandemic has disrupted travel across the globe.  Many US travelers who entered under the Visa Waiver Program (commonly called “ESTA,” the acronym for the online pre‑authorization system) now find themselves on the horns of a dilemma:  leave at the end of their 90-day authorized stay and thus endanger their own health and potentially that of others, or overstay due to COVID-19 travel restrictions.

Continue Reading COVID-19: How Does the Outbreak Affect Visa Waiver (ESTA) Travelers?

In response to the COVID-19 crisis, US authorities are announcing a number of significant changes that impact everyone who relies on immigration programs to operate businesses or to live and work in the United States. Companies and their sponsored employees should be aware of the following changes announced within the past week:


Continue Reading COVID-19: US Immigration Agencies Announce Operational Changes

UPDATE: Law360 posted a version of this article as Expert Analysis on March 31, 2020.

As employers throughout the United States increasingly move to remote work arrangements for employees, they are confronted with challenges in completing Form I-9.  An employer must inspect an employee’s original identity and employment authorization documents in the physical presence of the employee within 3 business days after employment begins.  For remote hires, and for reverification of current employees working remotely, government agencies have relaxed some I-9 requirements and companies are developing temporary procedures to ensure compliance during the COVID-19 crisis.


Continue Reading COVID-19: How Can Employers Hire Remotely and Maintain I-9 Compliance?

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?