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US employers seeking to hire non-US workers must ensure that these individuals have the proper employment authorization from the US government. There are a number of “visas” available for such purposes but the H-1B visa is the most popular. The H-1B visa requires an employer to demonstrate that the position offered to the individual is one that requires at least a university degree in a specific field of study (generic liberal arts degrees or even general business degrees do not qualify), that the individual have the degree or its equivalent in work experience, and that the employer is paying the...

On October 6, 2020, the U.S. Department of Labor (DOL) announced that it will be publishing an Interim Final Rule (IFR) on October 8, 2020 which will impact the prevailing wage levels used in H-1B, PERM, and other programs.

What is an IFR?

The contents of proposed regulations can be shared with the public as a “proposed rule” allowing for a notice and comment period. Where the government deems that it has good cause to skip the notice and comment period, it will issue an IFR that takes effect immediately.

What will this IFR do?

It will change the definition of the...

Clark Lau LLC partner Magaly Cheng shares with national immigration bar on National Hispanic Heritage Month:

https://thinkimmigration.org/blog/2020/09/17/honoring-latinx-heritage-and-its-champions/

On June 22, 2020, the White House issued a Presidential Proclamation that extended a ban against immigrant visa issuance until at least December 31, 2020. It further banned the issuance of nonimmigrant worker visas in the H-1B, H-2B, L-1A, L-1B, and certain J-1 categories until December 31, 2020.

Clarification on Visa Renewals

What was not clear was how this would impact those individuals who were already in the United States in any of one of the banned statuses and whose visa stamp was valid until at least June 24, 2020 but would expire before December 31, 2020.

Right after the Presidential Proclamation...

As colleges and universities develop plans for the fall semester, holding courses online is the predominant option that schools are taking. For international students, i.e., those who are not U.S. citizens, are not legal permanent residents, or not minor dependents of those here on work visas, this could have be (and was) a problem. These students are allowed to be in the U.S. as F-1 (international students of academic programs) and M-1 (international students of vocational programs) and only for that purpose. Buried in the regulations governing what it means to maintain their legal status in the U.S. are rules...

When the COVID-19 pandemic hit the United States, most colleges and universities were on spring break. Students had to cut their plans short, pack up their belongings, and move back home. As the weeks passed, colleges and universities responded with online classes.

For international students, i.e., those who are not U.S. citizens, are not legal permanent residents, or not minor dependents of those here on work visas, this posed a problem. These students were allowed to be in the U.S. as F-1 (international students of academic programs) and M-1 (international students of vocational programs) and only for that purpose. Buried...