Business Immigration Insights

On January 13, 2020, the Trump administration filed an emergency appeal with the Supreme Court to lift a nationwide temporary injunction on the DHS “public charge” rule that was upheld by the Court of Appeals (2^nd Circuit) last week.  The public charge rule, published in August 2019, expands the grounds on which the government can deny immigration benefits to various applicants seeking permanent residence (green card) status or work authorization to include those who have received certain public benefits, such as Medicaid, CHIP, and SNAP (see article, “DHS Reinterprets Public Charge”).  The rule gives the government broad discretion to deny an applicant if “at any time”, the applicant would “likely” become a public charge.  A medical condition alone could be enough for an immigration officer to exercise discretion to deny the application.

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.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.

Below is a summary of the January Visa Bulletin, including Final Action Dates and changes from the previous month.

China: EB-1 moves ahead just one week to May 22, 2017; EB-2 creeps forward eight days to July 1, 2015; and EB-3 advances one month to December 1, 2015

India: EB-1 remains stalled at January 1, 2015; EB-2 crawls ahead three days to May 18, 2009; and ...

When traveling abroad for business, there are many things to remember – meeting schedules, presentation materials, business cards, dress clothes, etc. While immigration requirements can get lost in the shuffle, immigration documents should be on any business traveler’s pre-trip checklist. Forgetting required documentation can result in experiences that range from slightly inconvenient to potentially disastrous, including:

• Missed flights;
• Refusal of entry;
• Long periods waiting in secondary inspection; and/or
• Canceled trips.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.

Below is a summary of the December Visa Bulletin, including Final Action Dates and changes from the previous month.  The December Visa Bulletin includes a warning that all employment-based second and third preference categories for all countries could retrogress in January.

China: EB-1 leaps forward three and a half months to May 15, 2017; EB-2 moves ...

The Department of State (DOS) has updated its reciprocity schedule with shortened visa validity periods for French citizens. Specifically L-1/L-2 visas are now valid for 17 months and E-1/E-2 visas are now valid for 25 months.  Prior to this recent change, both visa categories were eligible for validity periods of 60 months.

Who is eligible for L-1/L-2 and E-1/E-2 visas?

• The L-1 visa is used to transfer foreign employees who have been employed abroad by a company that is related to the US L-1 petitioner. It is available to multinational managers, executives, and employees with ...

While many of the most common Canadian business immigration options have close US equivalents, there are some options that are uniquely Canadian.

This is intended as informational only. If you have a question about a particular scenario, contact one of our immigration attorneys for guidance.

Francophone Mobility - Mobilité Francophone

To “promote Francophone immigration in Francophone minority communities”, Canada has a special immigration option for French speakers with job offers outside of Quebec. The offered position must be in a managerial, professional ...

The government of Prime Minister Justin Trudeau remains in power following last week’s Canadian federal elections. Despite losing a clear majority, Trudeau’s Liberals are still the largest party in Parliament with enough seats to form a minority government. With what is largely a continuation of the status quo, immigration priorities are likely to remain unchanged, with Canada continuing a policy of encouraging employment-based immigration.

Similar to the US, Canada has entry and work authorization requirements that vary based on several factors including

• the reason for ...

Most frequent business travelers and the teams that support them are familiar with the usual immigration options of visas, visa-free business travel, and work permits. These can be frustrating, time consuming, and not always a good fit for schedules or travel purposes. Thankfully for those headed to Asia, many countries have immigration options that lack the issues of more traditional routes.

On September 19, 2019, Congress tried and failed to eliminate the per-country limit for employment-based green cards. This latest effort, a bill known as the Fairness for High-Skilled Immigrants Act of 2019 (HR 1044) easily passed in the House 365-65, but stalled in the Senate where it has been blocked by Senator David Perdue (R-GA) who has placed a hold on the bill preventing a vote.

While there is consensus that the current per-country limit for the issuance of employment-based green cards is flawed, unfair and in need of an overhaul, how to achieve that is at the center of the ...