ABIL Global Update • August 2020

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In this issue:

1. EMPLOYER SPONSORSHIP CRITERIA: AN OVERVIEW – This article provides an overview of policies and procedures related to employer sponsorship criteria in Italy and Turkey.

2. BELGIUM – Belgium has added to the list of categories of travelers with an essential function or need, and has issued an update on restrictions on non-essential travel due to the COVID-19 pandemic.

3. CANADA – The government has made changes to the Québec Experience Class (PEQ) program.

4. GERMANY – The COVID-19 pandemic thwarts a new skilled immigration law.

5. ITALY – This article summarizes issues related to immigration in Italy during the COVID-19 pandemic.

6. RUSSIA – This article provides updates on Russian COVID-19 policies and procedures related to immigration.

7. UNITED KINGDOM – The Home Office has published further details on the new post-Brexit immigration system. Also, there was an update on international travelers arriving in the UK.

8. New Publications and Items of Interest – New Publications and Items of Interest

9. ABIL Member / Firm News – ABIL Member / Firm News

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ABIL Global Immigration Update – August 2020

1. EMPLOYER SPONSORSHIP CRITERIA: AN OVERVIEW

This article provides an overview of policies and procedures on employer sponsorship criteria in Italy and Turkey.

Italy

To sponsor a work permit application in Italy, a company/entity must:

  • Be registered with the Italian Business Register (Registro Imprese) or equivalent (see )
  • Be in good standing (many Immigration Offices require that the latest approved financials do not show a loss)
  • Provide proof of compliance with payment of taxes and social security charges
  • Provide the number of employees when requested (even though this is not specifically set forth by the law, some Immigration Offices look at the number of employees working for the company)

Among the sponsoring company’s obligations/commitments undertaken when filing a work permit application, it must specifically indicate in the application:

  • Whether it has enforced any collective dismissal for reduction of personnel during the last 12 months
  • That it does not have any workers under ordinary or extraordinary redundancies with the same skills and characteristics of the worker on assignment
  • That the foreign worker’s wage is not lower than that of a local employee hired in the same job position/level
  • Any variations in working conditions
  • That the worker is provided a suitable accommodation
  • That the expenses for the worker’s repatriation, if applicable, will be covered in full

Turkey

A Turkish work permit cannot be self-sponsored; it must be sponsored by a Turkish legal entity (a joint stock company, joint venture, limited liability company, or liaison office), with the exception of domestic workers, who may be sponsored by the appropriate individual. A Turkish entity that sponsors the work permit application (and acts as the local employer) must meet certain requirements that must be maintained over the life of the work permit. The employer must have at least five Turkish citizen employees per registered worksite per foreign applicant as evidenced on payroll records (termed the “5:1 ratio”), and the employer’s “paid in capital” cannot be less than 100,000 Turkish Lira (TL). In the alternative to the capital requirement, the employer can show a gross (assumedly annual) sales amounting to 800,000 TL annually, or exports with a gross annual value of USD $250,000. Certain exemptions for the 5:1 ratio exist but are not often granted by the Ministry. The employer must maintain the criteria throughout the work permit period.

As of February 26, 2018, any sponsor of a work permit must have an e-signature tool issued by the government-designated agencies. This means that no work permit applications can be logged in without the use of a company-sponsor e-signature tool. Each company’s designated social security e-notification authority—who is also the e-signature holder—must complete a Ministry of Labor company registration through the online system to pursue work permit applications.

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2. BELGIUM

Belgium has added to the list of categories of travelers with an essential function or need, and has issued an update on restrictions on non-essential travel due to the COVID-19 pandemic.

List of categories of essential travelers. Belgium has extended, effective July 2, 2020, the list of specific categories of travelers with an essential function or need to “4 categories: mariners, persons attending meetings of international organisations, students and highly qualified personnel whose work cannot be carried out at a distance (taking into account the visa procedures currently in force).”

Furthermore, EU+ citizens and third-country nationals legally residing in the European Union, as well as their family members, can travel wherever they wish in the EU+, including Belgium, and no longer only in their country of residence. The Belgium government listed “EU+” countries in a public statement from the Minister for Foreign Affairs, Philippe Goffin (https://diplomatie.belgium.be/en/newsroom/news/2020/non_essential_travel_outside_eu_no_major_changes_before_7_july).

“Highly qualified personnel whose work cannot be carried out at a distance” refers to the category “highly qualified third-country workers if their employment is necessary from an economic perspective and the work cannot be postponed or performed abroad” as mentioned in the EU Council Recommendation 9208/20, dated June 30, 2020. For the time being, the Belgian authorities have limited “highly qualified personnel whose work cannot be carried out at a distance” to Blue Card holders, who will receive a visa type D with the code B29. A Belgian visa type D contains a code B (number), indicating the underlying legal basis for the visa D.

The EU Blue Card is issued in Belgium to highly qualified employees, but it is not the only permit for highly qualified/skilled employees, and definitely not the most popular one. Many highly qualified/skilled employees hold a single permit that allows them to obtain a visa type D with the code B34. Some observers have said that the current limitation to Blue Card holders does not make sense. Despite pressure from the business community to include single permit holders, as of this writing, there was no final decision yet.

Restrictions on non-essential travel. As of this writing, restrictions on non-essential travel were still in place due to the COVID-19 pandemic, and this was not expected to change immediately. The Belgian press reported that the federal government decided not to reopen the borders for “white-listed” (safe) countries because the health situation in nine countries would not allow this and there was a lack of reciprocity with respect to the other countries on the list. Reportedly, if Belgium’s neighboring countries (France, Germany, Netherlands, Luxembourg) would allow entry to travelers from the white-listed countries, Belgium would implement unannounced border checks to prevent these travelers from entering Belgium. Formal confirmation of this decision by the federal government was awaited.

The 15 white-listed countries included Algeria, Australia, Canada, Georgia, Japan, Montenegro, Morocco, New Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia, Uruguay, and China (subject to confirmation of reciprocity).

The Public Health Passenger Locator Form must be completed by every passenger on flights from outside the Schengen Area to Belgium. On arrival, the travel must hand over the form to the designated authorities at the border. Information on travel to Belgium is available at https://dofi.ibz.be/sites/dvzoe/EN/Pages/Travel-to-Belgium.aspx. The form is at https://dofi.ibz.be/sites/dvzoe/EN/Documents/BELGIUM_PassengerLocatorForm_ENG.pdf.

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3. CANADA

The government has made changes to the Québec Experience Class (PEQ) program.

For the past 10 years, workers and students in Québec had the choice between two permanent residence streams: the expedited ” Québec Experience Class” (Programme de l’Expérience Québecoise, or PEQ) and the regular Québec skilled worker program. While the former had simple eligibility criteria based on knowledge of French and either 1 year of qualifying work in Québec or completion of certain Québec diplomas, as well as 1-month processing times, the latter is based on a points system with heavier documentation requirements and processing times of anywhere between 1 and 4 years. In both cases, applicants were granted the “Québec Selection Certificate” (Certificat de Sélection du Québec, or CSQ) and then needed to apply to Immigration, Refugees and Citizenship Canada (IRCC) to undergo background and medical checks and ultimately were granted permanent residence (PR). Historically, this second step took between 13 and 24 months.

To put it in a nutshell, at its fastest, applicants to the PEQ were able to be granted PR within 14 months. Comparatively, this is still longer than federal programs under Express Entry where PR can be granted within 6 months, but the PEQ was competitive because the CSQ granted applicants, and employers, the possibility to apply for closed bridging work permits. All in all, it was a system that worked and that employers had integrated as part of their employee retention strategy.

As of July 22, 2020, new selection conditions apply to candidates who submit a PEQ application, including increases in work experience and language requirements. Transitional measures are also planned. For more information on the PEQ, see https://www.immigration-quebec.gouv.qc.ca/en/immigrate-settle/students/stay-quebec/application-csq/students-peq/index.html.

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4. GERMANY

The COVID-19 pandemic thwarts a new skilled immigration law.

When Germany agreed to change its skilled immigration laws in 2019 to facilitate the immigration of skilled employees from abroad, its economy was thriving and the labor market was robust and on the edge of turning into an employee market. IT professionals, engineers, and health care workers were difficult to find and in high demand. Plumbers, mechanics, and many other trades also reported skills shortages. Accordingly, Germany adjusted its immigration laws to allow the migration of professionals with vocational training to Germany and implementing a new fast-track option.

With the new law taking effect on March 1, 2020, all was set to enhance employment-related immigration to Germany. However, due to the COVID-19 pandemic, all immigration came to a sudden halt in mid-March. Schengen borders closed, visa application centers went into lockdown, and many government authorities began working from home offices. Travel was suspended across the globe.

An immigration lawyer’s nightmare of ceasing travel turned quickly into an immigration lawyer’s challenge when many clients needed support, with employees stranded abroad or foreign staff in Germany needing extensions when authorities were hardly accessible. The government issued new laws and regulations to address the COVID-19 crisis frequently, with lawyers slogging behind in the attempt to stay on top, interpret the hastily issued rules, and find reliable angles for their clients. The unpredictability of the situation added to the general disturbance.

But some of the most interesting and moving cases also occurred during the pandemic: With attorney support, the employer of a person who had terminal cancer managed to assist her Chinese parents with visiting their daughter in Germany—in the midst of the pandemic—with the support of the local health department, the airline, the German immigration authorities, and the hospital all working together in an act of humanity.

Three months later, with infection numbers dropping in Germany and throughout Europe, the economy began a slow rebound, although things are far from normal. The new immigration law technically took effect, albeit in most parts of Germany it remained suspended until the end of the travel restrictions. When on July 1, 2020, the borders were cautiously opened for skilled professionals (those with either a recognized university degree or vocational certificate), they became eligible to travel to Germany for local employment or intracompany transfer if they were urgently required for economic development, needed to be present in Germany to perform their work, and could not do so remotely. All persons originating from a “risk country” must present extra documentation to enter the Schengen Area and are subject to quarantine regulations. (Currently only European Union/Schengen countries as well as Australia, Canada, Georgia, Montenegro, New Zealand, Thailand, Tunisia, and Uruguay are considered safe countries.) Certain regions renounced lengthy quarantines if regular COVID-19 testing was being done to ensure that assignees could start to work as soon as possible. Employees may be accompanied by their family members, and those who had a valid permit and returned to their country of origin may come back to Germany now.

While many open questions regarding travel options remain, the immigration system is becoming more predictable each day. Germany seems to be developing into an attractive destination country for Indian IT specialists especially, who suffer from the H-1B travel ban in the United States and the lockdown in India. And while the German missions in India resume their operations only slowly, the backlog of waiting applicants grows.

What does the future hold for immigration to Germany?

The country will still need skilled immigration because of its peculiar demographics and strong economy. Nevertheless, the German labor market took a COVID-19 blow and, for the first time in years, shows rising unemployment. It is thus to be expected that the new immigration-friendly law—while not a turncoat—will show some teeth when it comes to issues like comparable salary, labor market tests, and compliance. Already the labor authority has tightened the rules and increased scrutiny when dealing with applications. Thus, the future will again be challenging for immigration lawyers, and immigrants.

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5. ITALY

This article summarizes issues related to immigration in Italy during the COVID-19 pandemic.

Processing Times for Work Permits

Italy has a general legal framework to regulate immigration and guidelines on the process. Within the legal framework, each immigration and labor office has wide discretionary powers. Local authorities can decide on their own how to implement rules. This may result in differences in application document requirements and processing times. Also, the turnover of public-office managers and staff may result in changes in application requirements without advance notice. This may happen not only for work permit (nulla osta) applications in immigration and labor offices, but also for residence permit (permesso di soggiorno) applications in the police department (Questura).Sectors affected include agriculture, livestock, fishing, and related activities; caregivers; and domestic work.

Mandatory Quarantine for Arrivals From Bulgaria, Romania

As of July 25, 2020, travelers from Bulgaria and Romania, or those who have stayed/transited there in the last 14 days, must quarantine for 14 days upon arriving in Italy. Italian Health Minister Roberto Speranza signed this order on July 24 in an effort to prevent the importation of COVID-19 from outside Italy. Romania and Bulgaria are therefore added to the list of countries from which travel is possible without having to justify a specific reason but with the quarantine obligation (a 14-day quarantine period in self-isolation).

Entry Ban for 16 Countries

Entry into Italy was banned from the following countries: Armenia, Bahrein, Bangladesh, Brazil, Bosnia Herzegovina, Chile, Kuwait, North Macedonia, Moldova, Oman, Panama, Peru, Dominican Republic, Serbia, Montenegro, and Kosovo. Individuals who have traveled or stayed in one of these countries in the 14 days preceding the intended entry date in Italy are banned from entering the country.

There were exceptions to the ban for citizens of Italy, the European Union, Schengen countries, the United Kingdom, Andorra, Monaco, San Marino, and Vatican City, and their family members, on condition that they were registered as residents in Italy before July 9, 2020.

Other exceptions are for officials and other servants of the EU, international organizations, diplomatic missions and consulates, military personnel in the performance of their duties and—only for Bosnia-Herzegovina, North Macedonia, Serbia, Montenegro, and Kosovo—transport crew members and travel staff members only for transit (maximum of 36 hours) or short stays (up to 120 hours).

Travel from the following countries is allowed with no specific reason required: Algeria, Australia, Canada, Georgia, Japan, Morocco, New Zealand, Rwanda, Republic of Korea, Thailand, Tunisia, and Uruguay.

Travel from other non-EU countries is allowed but only for specific reasons.

Validity of Residence Permits Extended

Due to the COVID-19 pandemic, Italy extended the validity of residence permits that expired between January 31 and July 31 until August 31, 2020.

However, those who are currently abroad may have problems re-entering Italy without a valid visa/residence permit. Normally, the standard procedure would require one to apply for a “re-entry visa,” which allows a foreigner holding an expired permit (for which a renewal application has not been filed yet or in other circumstances) to fly back to Italy. However, the Ministry of Foreign Affairs has confirmed—by means of an internal communication—that it will not be necessary to apply for a re-entry visa.

Foreign citizens with expired permits will be allowed to travel back to Italy, but if they have problems with the re-entry procedures, they may contact the Italian consulate for assistance. For example, the Italian consulate in Canton has issued an alert inviting foreign nationals seeking to re-enter Italy to contact them for the issuance of a document confirming the extension of residence permits that can be used for traveling.

Details:

Residence permit validity extension, https://www.mazzeschi.it/news/validity-of-residence-permits-permessi-di-soggiorno-extended-until-june-15-2020/

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6. RUSSIA

This article provides updates on Russian COVID-19 policies and procedures related to immigration.

Entry to Russia Open for Citizens of the United Kingdom (UK), Turkey, and Tanzania

Entry to Russia is now allowed for citizens of the following countries on the basis of all types of visas:

  • United Kingdom (UK)
  • Tanzania
  • Turkey

Foreign citizens who have permanent residence permits in these countries can enter Russia as well. The Internal Affairs Ministry confirmed that they are issuing all types of invitation letters for citizens of the UK, Tanzania, and Turkey (or foreign nationals who have permanent residence in these countries) starting from August 3, 2020. Russian consulates confirmed that they have started issuing all types of visas on the basis of the invitations approved by the Internal Affairs Ministry.

It was not yet clear as of press time whether the Federal Security Service would allow foreigners from these countries to cross the border without being on the special approved lists issued by the Service.

Entry to the Russian Federation for citizens of the United Kingdom, Turkey, and Tanzania, as well as for foreign citizens who have a residence permit in these countries, is not possible from third countries.

Entry to Russia: 14-Day Quarantine or Testing Requirements

Beginning on July 15, 2020, foreign citizens and those crossing the Russian border on a regular flight, and entering Russia with any purpose except work, must present documentation of a negative COVID-19 test in Russian or English: (1) The document should confirm a negative result for laboratory analysis of COVID-19 infection by polymerase chain reaction (PCR). The test for infection should be done not earlier than three calendar days before entering Russia. (2) Or, instead of the PCR test, the traveler can submit a document confirming the existence of antibodies of immunoglobulin G (IgG). If the traveler does not have such a document, he or she must pass the test within three calendar days of entering Russia. In case of a positive result, a person will have to self-isolate with no contact (quarantine) until a negative test is received.

Similar requirements apply to Russian citizens.

The entry of foreign citizens is still limited, and only special categories of foreign citizens can enter. Issuance of invitation letters and visas has not yet returned to normal.

Persons (Russian citizens as well as foreigners) returning to Russia on flights organized by the Russian government must quarantine for 14 calendar days from the date of entry.

At the moment, legislation does not require such persons to pass a COVID-19 test or provide evidence of antibodies. However, since there are no precise and clear regulations on this and due to the broad availability of tests, some practitioners recommend taking the test.

Foreign citizens entering Russia with the purpose of work must quarantine for 14 calendar days from the date of entry to Russia regardless of whether they have a negative COVID-19 test or antibodies to the virus. It is recommended that employers arrange for testing of employees anyway.

The above applies not only to workers entering with newly issued work visas (or entering visa-free), but also to those returning with long-term visas issued earlier that are still valid.

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7. UNITED KINGDOM

The Home Office has published further details on the new post-Brexit immigration system. Also, there was an update on international travelers arriving in the United Kingdom (UK).

The Home Office recently published further details on the proposed new immigration system. The new system will start on January 1, 2021, immediately after the end of the Brexit transition period.

The consequences of the proposed changes will be huge, but the new statement does not add a great deal to what the Home Office has said before. The new immigration system will apply to both European Union (EU) citizens and non-EU citizens. The visa application process will be simpler for EU citizens because they will not be required to attend a biometric appointment to get a visa, but otherwise the rules will be the same for everyone.

Below are highlights:

  • The main work visa will be the Skilled Worker visa, which is a revised version of the Tier 2 (General) visa.
  • The skills threshold for a Skilled Worker visa will be lower than for a Tier 2 (General) visa. The boundary between the types of jobs that will and won’t qualify for a Skilled Worker visa appears arbitrary. Bricklayers, chefs, PAs, and au pairs will all qualify for a Skilled Worker visa. Scaffolders, cooks, legal secretaries, and care workers will not.
  • The general salary threshold will be £25,600—down from £30,000 for a Tier 2 (General) visa. In most cases the employer will still have to pay the “going rate” for the job, which may be higher than the general salary threshold.
  • The resident labour market test will be abolished.
  • There will be no cap, so no need to apply for restricted certificates of sponsorship.
  • The English language requirement will stay.
  • There will be an intra-company transfer visa. The skills threshold and salary threshold for this visa will be the same as for the current Tier 2 (intra-company transfer) visa. The only people likely to use this type of visa are those who cannot pass an English language test.
  • Government fees will be high. In most cases, the fees for a 5-year skilled worker visa will be around £10,000. For a family of four, the fees will be well over £20,000. There are reductions for small sponsors and jobs on the shortage occupation list.

Employers that will be recruiting staff from the EU next year will need to spend a lot more in visa fees. Those that do not already have a sponsor license should apply for one now.

Also, related to the COVID-19 pandemic, almost everyone now must provide their journey and contact details by filling in an online Public Health Passenger Locator Form before they travel to the UK. Most must quarantine (self-isolate) for 14 days after they arrive.

Details:

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8. New Publications and Items of Interest

Mazzeschi Brexit HelpDesk. The Mazzeschi Brexit HelpDesk provides post-Brexit guidance and assistance for United Kingdom (UK) citizens moving to or living in Italy. Until December 31, 2020, UK citizens will be able to enjoy their EU free movement rights in all EU countries, and therefore can continue to live, work, and study in Italy as they did before January 31, 2020 (Transition Period). Italian law provides that British nationals, like any other EU nationals, who intend to stay in Italy for a period exceeding 3 months should register with the Anagrafe (Register Office) of the municipality where they live. The Brexit HelpDesk is open Monday to Friday from 9 am to 6 pm CEST at phone: +39 0577926921 or email: [email protected]. For more information, see https://www.mazzeschi.it/post-brexit-guide-for-uk-citizen-living-in-italy/.

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

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9. ABIL Member / Firm News

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) was quoted by Forbes in “USCIS Disputes Improperly Denying 900 H-1B Visa Registrations.” She said, “I think USCIS needs to do a better job, given the lessons learned, to provide full transparency between what employers and representatives see and to identify common error triggers and warn of them more effectively. Employers don’t want to game the system and they should at least have the opportunity to fix errors that are baked into the limitations of the system. The Department of Labor has a system that flags these kinds of things to prevent employers from inadvertently doing something that will get the case denied. I think USCIS needs to fix or create warnings for when one of the events they outline is about to happen.” The article is at .

Foster, LLP, has published several new blog postings. “U.S. Immigration Considerations for COVID-19 Pandemic and CARES Act” is at https://www.fosterglobal.com/blog/us-immigration-considerations-for-covid-19-pandemic-and-cares-act/. “Four Tips to Secure an H-1B Approval” is at https://www.fosterglobal.com/blog/four-tips-to-secure-an-h-1b-approval/.

Foster, LLP, hosted a webinar, “Navigating COVID-19: Essential Immigration-Related Updates for Human Resources in a Telecommuting Environment” on April 9, 2020. For more information, see .

Jeff Joseph, of Joseph & Hall, P.C., was quoted by Law360 in “Orgs Say Gov’t Wrongly Denied Market Analysts H-1B Visas.” Commenting on a new nationwide class action lawsuit, MadKudu, Inc. v. USCIS, he said that USCIS’ decision-making, with respect to its pattern and practice of denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed by businesses in the United States, is “nonsense” and disregards “substantial evidence that clearly establishes that market research analysts are a specialty occupation. Under USCIS’ twisted logic, my English literature degree rendered me uniquely unprepared to take on the professional specialty occupation of immigration lawyer.” The article is available by subscription at https://www.law360.com/articles/1264849. The complaint is at https://www.aila.org/infonet/complaint-filed-in-district-court-challenging.

H. Ronald Klasko (bio: https://www.abil.com/lawyers/lawyers-klasko.cfm) has authored a new blog posting. “Happy Ending to the Unlawful Presence Saga” is at .

Jordan Gonzalez, of Klasko Immigration Law Partners, LLC, has authored a new blog posting. “An Indian National’s Guide to Acquiring a Letter of No-Objection of the Two-Year Home Residence Requirement” is at .

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted by the Times of India in “U.S. Eases Ban on Foreigners Returning to Same Job Role.” Mr. Kuck said, “This is an extraordinary change in policy from the original [Presidential] Proclamations’ exceptions and is clearly meant to stop ongoing litigation against the Proclamations’ legality (which the government is going to lose). The provisions are broad enough, if well argued, to essentially incorporate any job in America.” The article is at .

Mr. Kuck was quoted by Bloomberg Law in “New Guidance Details Visa Ban’s National Interest Exceptions (1).” Mr. Kuck said that this proclamation is “basically a complete walk back of the prior exemptions and prohibitions” found in the original order. For example, the State Department’s definition of jobs that pertain to critical infrastructure industries in the new guidance is a major expansion of how it may have traditionally been defined, he said. Mr. Kuck has filed a friend of the court brief in the Gomez case challenging the ban. “The average person thinks a nuclear plant, but now it encompasses IT firms, communications, food and agriculture. I can’t think of a sector that’s not included” under the H-1B applicants’ exemptions, he said. Mr. Kuck predicted that many visa hopefuls stuck outside the United States will likely be able to prove they qualify for a national interest waiver to the ban. “It seems like most people stuck right now, who have been denied an exemption in the past, will easily qualify. It’s a complete walk back because they know they’re going to lose this litigation.” The article is at https://news.bloomberglaw.com/daily-labor-report/visa-ban-national-interest-exceptions-detailed-in-new-guidance.

Mr. Kuck was featured on Univision’s Conexion show discussing, “What is the Impact of Trump’s Executive Order Limiting Legal Immigration?” The video is at https://www.youtube.com/watch?v=-CwHxutj9JI.

Mr. Kuck was quoted by the Times of India in “Class Action Lawsuit Against H-1B Denials for Market Research Analysts Gathers Steam.” Mr. Kuck said, “USCIS does not like being sued. The class action lawsuit actually resulted in USCIS re-opening and approving the plaintiff’s H-1B applications for market research analysts. We would love for more employers and employees to join our suit—there is no cost in doing so.” The article is at .

Mr. Kuck served as one of the plaintiffs’ attorneys in MadKudu, Inc., v. USCIS. A related press release is at https://www.aila.org/advo-media/press-releases/2020/class-action-lawsuit-seeks-to-challenge-uscis. The complaint is at https://www.aila.org/infonet/complaint-filed-in-district-court-challenging.

Mr. Kuck was quoted by the Atlanta Journal-Constitution in “Doctors, Humanitarian Workers Rushing to Help as Virus Spreads.” Mr. Kuck noted the impact on immigrant families of the COVID-19 crisis. “If they are afraid to get tested and it starts running rampant in their communities, it is only going to make it worse for us. It is not going to stay isolated in one place,” he said. See https://www.ajc.com/news/breaking-news/immigrants-refugees-georgia-vulnerable-amid-coronavirus-pandemic/pJJFmzOZzyiUTJRyiEBzoM/

Mr. Kuck was quoted by Breitbart in “Report: India’s H-1B Companies Ask Labor Department to Let Foreign Workers Stay Amid Crash.” Among other things, he said, “Our H-1B system simply does not contemplate this [mass shutdown] scenario that is happening right now.” The article is at https://www.breitbart.com/politics/2020/04/03/indias-h-1b-companies-ask-labor-department-to-let-foreign-workers-stay-amid-crash/.

Mr. Kuck participated in Georgia Public Broadcasting’s “Political Rewind” to talk about immigrants in detention and how they are being affected by the pandemic, along with other topics. See https://www.gpbnews.org/post/political-rewind-jails-risk-becoming-georgias-next-hotspot.

Mr. Kuck‘s latest Immigration Hour podcast, “COVID-19 and USCIS, ICE, and EOIR – How to NOT Respond to a Crisis,” is at https://soundcloud.com/user-474250731/covid-19-and-uscis-ice-and-eoir-how-to-not-respond-to-a-crisis.

Mr. Kuck published a new blog posting. “Employment, Furlough, and Termination Options for Employers and Their Nonimmigrant Workers (H-1B, L-1, E-2, TN, O-1, and F-1 OPT)” is at .

Robert Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm) was interviewed on Austin ABC affiliate KVUE on April 25, 2020, regarding the impact of President Trump’s Proclamation Suspending Entry of Immigrants. The video is at https://www.kvue.com/article/news/politics/austin-immigration-lawyer-presidents-trump-executive-order-immigration/269-096a3083-1b27-42ef-b2a2-dece603e956b.

Mr. Loughran presented a webinar, “Practicing Through Pandemic,” regarding adapting the practice of law in the midst of COVID-19. The webinar was hosted by the American Immigration Lawyers Association’s Texas Chapter and the San Antonio Bar Association’s Texas Chapter on April 3, 2020. For more information, see https://zoom.us/meeting/register/u5wvdOugrTssIi2JLhrdc_IXuKEV_xXZ6Q.

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) has authored or co-authored several new blog postings. “The Beneficial Impact of the Supreme Court’s Decision in Kisor v. Wilkie on H-1B Denials” is at http://blog.cyrusmehta.com/2020/05/the-beneficial-impact-of-the-supreme-courts-decision-in-kisor-v-wilkie-on-h-1b-denials.html. “The Differing Impact of Foreign Entity Changes on an L-1 Extension and EB-1C Petition” is at http://blog.cyrusmehta.com/2020/05/the-differing-impact-of-foreign-entity-changes-on-an-l-1-extension-and-eb-1c-petition.html. “FAQ Relating to Skilled Workers in the Green Card Backlogs During COVID-19” is at . “Changes in Salary and Other Working Conditions for Nonimmigrant Workers in L-1, O, TN, E and F-1 Status Due to COVID-19” is at https://bit.ly/35LofcC. “Building the Legal Case to Challenge Trump’s Immigration Ban” is at http://blog.cyrusmehta.com/2020/04/building-the-legal-case-to-challenge-trumps-immigration-ban.html.

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) was quoted in several media outlets regarding exceptions to the Trump administration’s work visa ban:

  • “New State Dept. H-1B Visa Guidance Won’t Stop Immigration Lawsuits,” Forbes, https://bit.ly/3iJPERz. Mr. Mehta said, “The State Department issued these broad exceptions to the proclamation to stave off the lawsuits, but they must continue with equal vigor as the exceptions are tantamount to a rewrite of the INA [Immigration and Nationality Act] in violation of the APA [Administrative Procedure Act].”
  • “The Trump Administration Has Made Exceptions to Work Visa Bans—But Conditions Apply,” Yahoo, https://finance.yahoo.com/news/trump-administration-made-exceptions-visa-105750618.html (same quote as above).
  • “U.S. Eases Ban on Foreigners Returning to Same Job Role,” Times of India, . Mr. Mehta said, “The beneficiary of an approved H-1B or L-1 petition must now meet a new super standard under the national interest exception, which [is] not part of the [INA], and be subject to the whim and caprice of the consular official, who would have the final say in approving or denying the request. There will also be no right to appeal if the national interest exception is denied.” He added that the ban “is unlawful and the subject of several meritorious lawsuits. The Trump administration carved out these exceptions to stave off the lawsuits, but they must continue with equal vigor and the administration should not be allowed to get away with the ban.”
  • “Access Denied: COVID-19 the Perfect Opportunity for Trump to Push His Anti-Immigration Agenda,” The Week, https://www.theweek.in/theweek/more/2020/08/13/access-denied.html. Among other things, Mr. Mehta commented that federal courts “have reversed arbitrary H-1B denials. One court also held that the policy of requiring extensive documentation with third-party clients was unlawful. This should improve the prospects of H-1B requests filed on behalf of IT professionals from India who are assigned to their party client sites.”

Mr. Mehta spoke on “Ethics and Immigration: Spotlight on Select Rules and Client Representation During COVID-19” on May 18, 2020. He presented a briefing on fundamental ethical rules, how they pertain to immigration practice, and considerations when ethical issues arise in the context of the COVID-19 pandemic. Mr. Mehta addressed the four C’s of professional conduct rules: competence, communications, confidentiality, and conflicts, as well as other key rules requiring attention by lawyers during the pandemic. For more information or to order, see https://www.pli.edu/programs/ethics-and-immigration-spotlight-on-select-rules-and-client-representation-during-covid-19.

Mr. Mehta published an article on LinkedIn shortly after President Trump issued a proclamation banning permanent immigration to the United States for 60 days with possible extensions, with some exceptions. The article, “Trump Cannot Be Allowed to Rewrite Immigration Laws Based on Whim and Caprice,” is at https://www.linkedin.com/pulse/trump-cannot-allowed-rewrite-immigration-laws-based-whim-cyrus-mehta/.

Mr. Mehta was quoted in the following publications on President Trump’s order:

Mr. Mehta‘s posting was quoted by Breitbart in “Report: India’s H-1B Companies Ask Labor Department to Let Foreign Workers Stay Amid Crash.” He said, “If an employee works from a home which is within commuting distance of the workplace, then there is no need to file an amendment.” But, he added, “if an employee works from a home which is NOT within commuting distance from the workplace, the employer should obtain a new LCA for that location and file an H-1B amendment.” The article is at https://www.breitbart.com/politics/2020/04/03/indias-h-1b-companies-ask-labor-department-to-let-foreign-workers-stay-amid-crash/.

Mr. Mehta was quoted by India-West in “In Fresh Blow to Business Immigration, Trump Bans Federal Agencies from Hiring H-1B Workers.” Mr. Mehta said the Trump order was largely ceremonial: “This executive order does not say or do much damage to the H-1B visa program, which already has built-in protections in the law and regulations.” The article is at https://bit.ly/2XFkF0W.

David Isaacson, of Cyrus D. Mehta & Partners, PLLC, has authored a new blog posting. “Implementation of Safe Third Country Agreement Held to Violate Canadian Charter of Rights and Freedoms—So Why Will Prior U.S. Asylum Claimants Be Denied a Hearing at the Refugee Protection Division in Canada Even After This Takes Effect?” is at https://bit.ly/2Dp3YA9.

Mr. Mehta and Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) were quoted by the Times of India in “Medical Insurance a Burden for Laid-Off H-1B Workers.” Among other things, Mr. Mehta said, “Employer plans are generally of a higher quality, and employers are able to purchase these higher quality plans at a discounted group rate from the insurance company. In most cases, the employer pays most of the premium and the employee pays a smaller percentage. When the employee is terminated, the employee pays the whole cost of the insurance [under COBRA] and the employer generally does not pay.” Mr. Yale-Loehr said that many laid-off H-1B workers do not know about COBRA benefits or may be afraid to ask. “They should consult an experienced insurance agent to understand their rights. And many employers may not realize they need to provide COBRA continuation coverage to a terminated H-1B worker,” he noted. The article is at https://bit.ly/2XhFQFe.

David Isaacson, of Cyrus D. Mehta & Partners PLLC, has authored a new blog posting. “My Comment on the Proposed Affidavit of Support Revisions: Do You Have One Too?” is at http://blog.cyrusmehta.com/2020/04/my-comment-on-proposed-affidavit-of-support-revisions-do-you-have-one-too.html.

Cora-Ann Pestaina, of Cyrus D. Mehta & Partners PLLC, has authored a new blog posting. “LCA Posting Requirements at Home During the COVID-19 Pandemic: Do I Post on the Refrigerator or Bathroom Mirror?” is at https://bit.ly/34yaHkb.

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) and partner Leon Rodriguez filed friend-of-the-court briefs on behalf o the Society for Human Resources Management (SHRM), the Alliance for International Exchange, and more than 100 co-amici consisting of sponsors, employers, and hosts participating in the J-1 exchange visitor visa program. The cases are Gomez v. Trump and National Association of Manufacturers, et al. v. Wolf. The SHRM press statement, which includes links to both filings, is at https://shrm.org/about-shrm/press-room/press-releases/Pages/SHRM-Leads-Amicus-Brief-in-Support-of-J-1-Visa-Visitor-Exchange-Programs.aspx.

Mr. Paparelli co-authored a new legal update. “Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted” is at https://www.seyfarth.com/news-insights/another-day-another-immigration-executive-order-now-federal-contractors-are-targeted.html.

Mr. Paparelli authored a new blog posting. “No Whine Before Its Time: USCIS Recognizes Immigration Successorship in Interest for Multinational Executives and Managers” is at https://bit.ly/3bHkkPw. Mr. Paparelli authored an op-ed published by Bloomberg Law on how immigrants can help us attack COVID-19 and revive the economy. “Insight: Legal Immigration Can Help Revive the Economy—If We Let It” is at https://news.bloomberglaw.com/us-law-week/insight-legal-immigration-can-help-revive-the-economy-if-we-let-it. Mr. Paparelli was quoted by Law360 in “Shielded From Green Card Ban, EB-5 Investors Still At Risk.” The article discusses the risks to those who invested in projects that are under construction and are halted due to the COVID-19 pandemic. Those with pending EB-5 petitions must alert USCIS of any significant changes to the project during the estimated two-year processing time. An investor may be required to file a new petition if the changes are significant enough, causing the applicant to lose their spot in line for a green card, sometimes for years. “This throws the EB-5 program into absolute turmoil and ambiguity,” Mr. Paparelli said. The article is at https://www.law360.com/construction/articles/1269542/shielded-from-green-card-ban-eb-5-investors-still-at-risk. Mr. Paparelli, partner at Seyfarth Shaw LLP, and William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US), partner at Klasko Immigration Law Partners LLP, were quoted by Law360 in “Axed H-1B Work Visa Policies May Not Be Gone For Good.” Mr. Paparelli noted that USCIS will not stop trying to issue rule changes through policy memoranda unless it is forced to do so. “So what are the levers of pressure that can be placed on them? Congress, money or politics,” he said. Mr. Stock said that many of the immigration guidance memos the Trump administration has issued have gone too far and tried to change regulations without rulemaking. “This administration certainly has seemed to care less than other administrations have about whether the guidance they are promulgating would be inconsistent with the regulations,” he said. The article is available by registering at https://www.law360.com/articles/1276864/axed-h-1b-work-visa-policies-may-not-be-gone-for-good. Pearl Immigration has posted a summary of information on U.S. consulate closures around the world and related information due to the COVID-19 pandemic. The summary is at https://www.immigrationlaw.com/u-s-consulate-closures-due-to-covid-19/.

Siskind Susser PC has posted a new Siskind Summary. “S. 386—The Fairness for High-Skilled Immigrants Act of 2020 (as of 8/5/2020)” is at https://www.visalaw.com/siskind-summary-s-386-fairness-high-skilled-immigrants-act-2020-852020/.

Wolfsdorf Rosenthal LLP has published several new blog postings. “Court Extends Temporary Restraining Order in Case Challenging EAD Delays”; “Who Can File a Form I-485 Adjustment of Status in the U.S. Under EB-5?”; “DOL, DHS Enter Memorandum of Agreement to Share Info on Foreign Workers for Enforcement Purposes”; and “U.S. State Department Explains Exceptions to H-1B, H-2B, J-1, L-1A, and L-1B Labor Market Ban”; and “SEVP Modifies Temporary Exemptions for Nonimmigrant Students Taking Online Courses During Fall 2020 Semester” are available at https://wolfsdorf.com/blog/.

Mr. Yale-Loehr co-authored a new report, “Recruiting for the Future: A Realistic Road to a Points-Tested Visa Program in the U.S.” Links to the report and a related slide deck are available at https://www.lawschool.cornell.edu/MigrationandHumanRightsProgram/Recruiting-for-the-Future.cfm. The report (https://www.lawschool.cornell.edu/information-technology/upload/Immigration-Points.pdf), was discussed in several news outlets:·         “Skilled Immigration is Just What We Need to Recover Our Economy, ” op-ed by Mr. Yale-Loehr and Mackenzie Eason, The Hill, https://thehill.com/opinion/immigration/509365-skilled-immigration-is-just-what-we-need-to-recover-our-economy ·         “Law Scholars’ Proposal Boosts Skilled Immigration, Economy, ” Cornell Chronicle, https://news.cornell.edu/stories/2020/07/law-scholars-proposal-boosts-skilled-immigration-economy·         “A Blueprint for Reforming Skilled Immigration in the U.S., ” Charles Koch Foundation, https://www.charleskochfoundation.org/story/blueprint-reforming-skilled-immigration-in-the-u-s/

·         “¿Está preparado EEUU para una reforma migratoria por méritos? Estudio recomienda hacer primero una prueba,” Univision, https://www.univision.com/noticias/inmigracion/esta-preparado-eeuu-para-una-reforma-migratoria-por-meritos-estudio-recomienda-hacer-primero-una-prueba

·         “Qué tipo de inmigrantes podrían aprobar los requisitos de la reforma ‘por méritos’ de Trump,” El Diario, https://eldiariony.com/2020/08/02/que-tipo-de-inmigrantes-podrian-aprobar-los-requisitos-de-la-reforma-por-meritos-de-trump/

Mr. Yale-Loehr was quoted by Univision in “¿Se pueden limpiar los antecedentes migratorios? Respondemos tus preguntas de inmigración” (English translation: “Can Immigration Records Be Cleared? We Answer Your Immigration Questions.” Although the federal government has the right to deport people with legitimate final or absent deportation orders, some “may be subject to challenge. Immigrants have rights,” he said. For example, he explained, “Given inefficiencies in the immigration court system, many people may have received a deportation order illegally because ICE did not have their correct address to notify them of their date in immigration court.” In such cases, he noted, “affected individuals may have the right to reopen their immigration case.” If this is your case, Mr. Yale-Loehr recommended, “find a lawyer now.” The article is at https://bit.ly/31Af7Ga. Mr. Yale-Loehr was quoted by the Times of India in “Nasscom Says Trump Move on Federal Contracts Misguided.” He said the latest executive order seems innocuous, but that “as we have seen with prior executive orders, this may be the starting point to increase H-1B enforcement generally. Moreover, even if the review doesn’t do much, it is good publicity for Trump to appear to support American workers as part of his re-election campaign.” The article is at . Mr. Yale-Loehr was quoted by Inside Higher Ed in “Trump Administration Reportedly Considers Restrictions on Foreign Student Work Program.” Mr. Yale-Loehr noted that the Trump administration could take a number of actions in relation to Optional Practical Training (OPT). He said that he thinks President Trump is likely to instruct the Department of Homeland Security “to start rulemaking, because I think he’s getting a lot of pushback from companies that rely on OPT. A proposed rule would give him political cover while not actually suspending the OPT program.” The article is at https://bit.ly/2MaCYVE. Mr. Yale-Loehr was quoted by Univision in “Corte de apelaciones falla en contra de una medida de Trump que prohíbe la entrada de migrantes sin seguro médico.” The article discusses an appeals court ruling against a Trump administration measure prohibiting the entry of uninsured migrants. If effective, “the new temporarily suspended rule would affect more than half of all immigrants. The 2-1 decision … confirmed the temporary suspension decision issued in November,” he said. He further noted that the majority opinion of the 9th Circuit panel of judges maintains that “the lower court adequately determined that the plaintiffs would suffer irreparable harm in the form of a long separation from their loved ones abroad. The majority also noted that the President does not have unlimited power to deny immigrant visas based on purely domestic concerns.” The article (in Spanish) is at https://bit.ly/3blFD94. Mr. Yale-Loehr co-authored “Challenging H-1B Denials in Federal Courts: Trends and Strategies” (Apr. 27, 2020), which includes details on Miller Mayer research into recent H-1B cases, summaries of recent cases, and strategies and takeaways for employers to use in future lawsuits, https://millermayer.com/2020/challenging-h-1b-denials-in-federal-courts-trends-and-strategies/Mr. Yale-Loehr was quoted by Univision in “Demanda contra el gobierno por negar ayuda a matrimonios mixtos revive el temor al uso de datos privados.” The article (in Spanish) discusses a lawsuit challenging the exclusion of certain immigrants from receiving coronavirus stimulus checks. Mr. Yale-Loehr noted that the legal precedent in this case could be in favor of the government. “I wish MALDEF the best, but I fear that they may lose their case,” he said. “In Mathews v. Díaz, 426 US 67 (1976), the Supreme Court held that “Congress regularly establishes rules regarding foreigners that may be unacceptable if applied to citizens” (426 US at 80) and that “there is no constitutional duty to provide all foreign citizens with the same benefits provided to citizens,” he added. “The Court held that such disparate treatment by Congress regularly does not necessarily imply harmful discrimination,” he said. The article is at https://www.univision.com/noticias/inmigracion/demanda-contra-el-gobierno-por-negar-ayuda-a-matrimonios-mixtos-revive-el-temor-al-uso-de-datos-privados.  Mr. Yale-Loehr was quoted by the Toronto Globe and Mail in “Trump Freezes Some Immigration to U.S., May Stop Temporary Work Permits, Citing Coronavirus.” Mr. Yale-Loehr said, “First, if the purpose of the proclamation is to protect against the coronavirus, it makes no sense to temporarily suspend entry of people applying for green visas but not those coming temporarily to the United States. Second, if the purpose is to protect U.S. workers, it also makes no sense to exclude temporary foreign workers from the proclamation.” The article is at https://www.theglobeandmail.com/world/us-politics/article-trump-freezes-some-immigration-to-us-may-stop-temporary-work/. Mr. Yale-Loehr was quoted by Huffington Post in “Trump Signs Order Suspending Some Immigration During Coronavirus Pandemic.” He said before the order was released that an order to ban all immigration to the United States would be “outrageous and likely unconstitutional,” noting that the United States has “never done that before, even during world wars.” The article is at https://www.huffpost.com/entry/trump-executive-order-immigration-coronavirus_n_5e9f3bf1c5b6a486d08048b5?guccounter=1. Mr. Yale-Loehr was quoted by China Daily in “U.S. Immigration Suspension Draws Criticism.” He said, “If the executive order (had) suspended all immigration to the United States, it would surely be challenged as unconstitutional.” The article is at http://global.chinadaily.com.cn/a/202004/23/WS5ea0cea1a3105d50a3d18214.html. Mr. Yale-Loehr was interviewed on The Take, a podcast from Al Jazeera, about the history of the Deferred Action for Childhood Arrivals program and how the Supreme Court might rule in a few weeks. The podcast, “When ‘Dreamers’ Self-Deport,” is at https://www.aljazeera.com/podcasts/thetake/2020/05/dreamers-deport-200522152026157.html. Mr. Yale-Loehr was quoted by Law360 in “Can Trump End Immigration? Wording Matters, Scholars Say.” He noted that if the order targeted anyone already in the United States, it would also raised constitutional concerns. The article is at https://www.law360.com/immigration/articles/1265963. Mr. Yale-Loehr was also quoted by several other publications on the same topic:·         Financial Times, “Donald Trump Suspends Key Routes to U.S. Immigration for 60 Days,” https://www.ft.com/content/7060ba17-03b5-48d6-94d1-37c6d99c5f0a (available by subscription only)·         Express (UK), “Trump ‘Pauses Immigration’ to Put Americans First in Line for Jobs After COVID-19 Lockdown,” https://www.express.co.uk/news/world/1272096/donald-trump-immigration-ban-US-coronavirus-job-market-employment-death-toll-latest ·         AZ Central, “Trump Wants to Shut Down Immigration to Slow the Coronavirus and Protect American Jobs. Here’s How That Could Backfire,” https://www.azcentral.com/story/news/politics/immigration/2020/04/21/trumps-immigration-shutdown-plan-could-backfire-coronavirus-covid-19/3000121001/·         Vox, “Trump’s Executive Order to Stop Issuing Green Cards Temporarily, Explained,” https://www.vox.com/policy-and-politics/2020/4/21/21229286/trump-immigration-ban-executive-order-coronavirus ·         Univision, “Esto es lo que se sabe hasta ahora de la orden de Trump de suspender la inmigración a EEUU,” https://www.univision.com/noticias/inmigracion/esto-es-lo-que-se-sabe-hasta-ahora-de-la-orden-de-trump-de-suspender-la-inmigracion-a-eeuu Mr. Yale-Loehr of Miller Mayer LLP; Cornell Law School, together with additional Cornell departments; and Catholic Charities of Tompkins/Tioga Counties, presented a webinar on new changes to immigrants’ access to public benefits and the impact of COVID-19 care on the public charge analysis. The webinar, “Immigrants, Public Benefits, and COVID-19,” was held April 13, 2020. For more information or to download the slide deck and handouts, see https://cornell.app.box.com/folder/109666262652.

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