As we enter the dog days of Summer, the Fourth Circuit Court of Appeals upheld a nationwide preliminary injunction issued by the US District Court for the District of Maryland enjoining the implementation of President Trump’s second Executive Order, travel ban restricting nationals of six Muslim-majority countries from being issued visas and entering the United … Continue Reading
Last week we saw another round in the battle between the Executive and Judiciary branches over the President’s travel ban impacting nationals Syria, Iran, Libya, Somalia, Sudan, and Yemen. Federal District Courts in Hawaii (State of Hawaii v. Trump) and Maryland (International Refugee Assistance Project (“IRAP”) v. Trump) stayed the implementation of the revised Travel/Refugee … Continue Reading
On March 5, 2017, the White House issued a revised Executive Order (New EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” The New EO revokes and replaces the President’s prior EO of the same name, which which was issued on January 27, 2017 (January 27 EO) to significant consternation and … Continue Reading
US Citizenship and Immigration Services (USCIS) announced on March 3, 2017 that it will temporarily suspend premium processing for all H-1B filings starting April 3, 2017, and this suspension could last up to six months. The temporary suspension applies to Fiscal Year (FY) 2018 H-1B cap filings as well as other cap-exempt cases including change of … Continue Reading
On February 9, 2017 a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a Federal District Court judge’s decision (TRO) to temporarily block the President’s Executive Order (EO) entitled Protecting the Nation from Foreign Terrorist Entry Into the United States. Our previous update regarding the TRO, the current state … Continue Reading
Businesses employing staff without the right to work face civil penalties of up to £20,000 per illegal employee. These can be imposed without proof of illegal working (or the employer’s awareness of it) – it is then up to the employer to demonstrate that the employee did have the right to work or that it … Continue Reading
Immigration continues to dominate the Brexit debate – here is a round-up of where we currently stand: Can they stay or must they go? EEA nationals currently in the UK According to Telegraph reports, Home Office research has concluded that when the UK leaves the EU, just over 80 per cent of EU citizens already … Continue Reading
The Department of Homeland Security (DHS) recently released a proposed rule to allow foreign entrepreneurs to enter the United States and work at qualifying “start-up” companies under the President’s “parole” authority. Parole allows the President, through DHS, to permit certain individuals to temporarily enter the United States as parolees under fixed conditions. It is often used … Continue Reading
Due to the implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Public Law 114-74) (“Inflation Adjustment Act”), higher fines and civil penalties have now gone into effect for assessments that occur on or after August 1, 2016. These higher penalties can be applied to violations that occurred … Continue Reading
New legislation to protect employees sent from outside the country to work for a limited time in Poland came into effect on 18 June. The legislation implements just in time the EU Posted Workers Directive, which Member States were required to bring into force within two years of June 2014. The new legislation is intended … Continue Reading
The election promises of Australia’s two major political parties may have few synergies, but one thing they both agree on is that Australia must do more to attract entrepreneurial talent to its shores. To this end, both parties have pledged to introduce a new entrepreneur visa if elected. Information about the criteria of each of … Continue Reading
Home Office scrutiny of illegal working has increased significantly over recent months – businesses with large, diverse multi-sited workforces appear to be particularly at risk, but civil penalties are no longer something which only happens to other people. The civil penalty regime has the very laudable aim of deterring UK employers from hiring staff without … Continue Reading
On March 11, 2016 the Department of Homeland Security (DHS) issued its final rule for international students with U.S. degrees in science, technology, engineering and mathematics (STEM) seeking extension of Optional Practical Training (OPT) (the “Final Rule”) employment authorization. The Final Rule creates a new 24-month STEM OPT extension period along with additional government oversight … Continue Reading
Following the Migration Advisory Committee’s January recommendations regarding the Government’s proposals to restrict Tier 2 of the Points Based System, the Home Office has now announced the changes that will be implemented across Tier 2. Compared to the initial radical proposals put forward by the Government to restrict Tier 2 last summer, the Home Office’s … Continue Reading
If the UK votes to ‘Brexit’ on 23 June, it is impossible to comment at this stage on what becomes of the 3 million or so EU nationals living in the UK and also of the estimated 2.2 million British nationals living in other EU countries (with reportedly nearly half enjoying the sunshine and sangria … Continue Reading
Following our post last month, Year End Brings Major Changes to the US Visa Waiver Program, we notify our readers of further travel restrictions recently announced by the Department of Homeland Security (DHS). Continuing its implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (Act), the DHS is now limiting … Continue Reading
The Department of Homeland Security (DHS) recently published a Final Rule [pdf] in the Federal Register revising its regulations affecting highly‑skilled workers in the nonimmigrant classifications for specialty occupation from Chile, Singapore (H–1B1), and Australia (E–3) and the immigrant classification for employment-based first preference (EB–1) outstanding professors and researchers. The Rule will also make changes … Continue Reading
Federal legislation in 2015 was plagued by the same congressional gridlock that President Obama has faced throughout most of his presidency. The President has therefore turned to executive action to achieve many of his goals over the past seven years and we expect this trend to continue with gusto in 2016. Below is a summary … Continue Reading
Included in the 2016 Consolidated Appropriations Act (HR 2029), signed into law on December 18, 2015, were significant changes to the Visa Waiver Program (VWP). These changes will require “e-passports” of all VWP travelers and additional security standards. This follows “enhancements” to the program announced by the Obama Administration at the end of November. The … Continue Reading
As 2015 comes to close, Employers should heed recent notifications from the Department of Homeland Security (DHS), US Citizenship and Immigration Services (USCIS) that it will begin purging employer E‑Verify records. USCIS informed that in accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule (N 1‑566‑08‑7), it will dispose of E‑Verify records … Continue Reading
On November 20, 2015, attorneys for the Obama administration appealed a November 9, 2015 decision from the Fifth Circuit Court of Appeals which upheld an injunction against the implementation of President Obama’s executive immigration policy known as the Deferred Action for Parents of Americans and Lawful Permanent Residents program, or DAPA. The injunction, sought by … Continue Reading
The Government has commissioned the Migration Advisory Committee to review Tier 2 of the UK’s immigration system “with a view to significantly reducing net migration to the UK”. On 25 September we submitted our response to the MAC’s call for evidence. It took into account opinions canvassed from a number of international clients and contacts … Continue Reading
The Government recently announced a new three-part complying investment framework for the Significant Investor Visa (SIV) and Premium Investor Visa (PIV) programme. These visas offer pathways to permanent residency, subject to significant, complying investments being made in Australia by the applicants. From 1 July 2015, new SIV applicants will be required to invest at least … Continue Reading
The U.S. Department of State’s Bureau of Consular Affairs is experiencing widespread technical issues with its overseas passport and visa issuance systems. The problems have caused significant processing delays across the globe, spreading to various countries and affecting U.S. passport and visa applicants across all categories. While officials work to correct the problem and restore … Continue Reading
