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H-1B, H-2B, J, and L NONIMMIGRANT VISA EXECUTIVE ORDER

On April 22, 2020, the White House issued an Executive Order that limited entry into the United States of certain individuals seeking to become legal permanent residents (i.e., green card holders). Since then, there has been talk regarding additional limitations for foreign nationals seeking employment in the United States, even on a short-term basis. On June 22, 2020, the White House issued this executive order.

What does this Executive Order do?

Citing high unemployment rates due to COVID-19, this executive order continues the restrictions of the prior executive order regarding certain immigrants.

In addition, the...

On June 18, 2020, the U.S. Supreme Court issued a decision ruling that the U.S. Department of Homeland Security’s termination of the Deferred Action for Childhood Arrivals (DACA) program was “arbitrary and capricious” under the Administrative Procedures Act (APA). (This is the standard by which the APA evaluates the legitimacy of government agency.)

As background, the Obama Administration issued a memorandum on June 15, 2012 that would defer any actions regarding the removal of individuals who did not have legal permission to remain in the U.S. Such individuals would have to meet certain requirements, such as having arrived in the U.S...

On Friday, May 29, 2020, President Trump issued a proclamation that would restrict entry of certain Chinese students and researchers seeking to enter the U.S. in F-1 or J-1 nonimmigrant status. His concern was that the People’s Republic of China’s (“PRC”) “acquisition of sensitive United States technologies and intellectual property to modernize its military is a threat to our Nation’s long-term economic vitality and the safety and security of the American people … The PRC authorities use some Chinese students, mostly post‑graduate students and post-doctorate researchers, to operate as non-traditional collectors of intellectual property. Thus, students or researchers from the...

The current administration just added Brazil to the list of countries with travel restrictions. As of 11:59 PM on May 28, 2020, travelers who have been to Brazil within the last 14 days will also be prohibited from entering the U.S. Brazil joins the U.K., Ireland, the People’s Republic of China (excluding Hong Kong and Macau), Iran, and countries from the Schengen region (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland) on this list.

Again, some of the exceptions to the...

On Monday night, President Trump sent out a tweet indicating that he would “suspend” immigration. On Tuesday night during his regular briefing, he indicates that this would only apply to individuals seeking permanent residency into the United States. A lot of questions however still remained. Today, we actually get to see the Executive Order and here’s what he really meant.

When does this take effect?

11:59PM (Eastern Daylight Savings Time) on April, 23, 2020.

How long will this last?

60 days, but subject to review and possible renewal.

Who is affected?

Individuals seeking to enter the U.S. as immigrants (i.e., legal permanent residents, also referred to...

On Monday, April 20, 2020 President Trump sent a tweet indicating that he would sign an Executive Order suspending immigration to the United States temporarily.

Just tonight, the President clarified that his Executive Order would only apply to those individuals seeking permanent residency (green cards) in the United States and the suspension would be for an initial 60 days. His Executive Order does not impact nonimmigrant visas such as H-1Bs, TNs, L-1s, and other visas that allow US employers to access foreign talent. It is also our understanding that the Executive Order does not apply to those seeking permanent...