ABIL Global Update • October 2020

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In this issue:

1. THREE THINGS THE CEO NEEDS TO KNOW ABOUT IMMIGRATION: AN OVERVIEW – This article provides an overview of things a company CEO should know about immigration in Canada and Italy.

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

3. PERU – Peru has extended its Sanitary Emergency decree on the COVID-19 public health emergency by 90 days from September 8, 2020, and has extended its State of National Emergency decree until September 30, 2020.

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

5. UNITED KINGDOM and Global Highlights – This article notes that the United Kingdom’s new immigration system starts January 1, 2021. The article also highlights key changes to immigration rules in global jurisdictions, including the European Union, Ireland, Belgium, Poland, Luxembourg, Singapore, Australia, the United States, Canada, and Barbados.

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

7. ABIL Member / Firm News – ABIL Member / Firm News

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ABIL Global Immigration Update – October 2020

1. THREE THINGS THE CEO NEEDS TO KNOW ABOUT IMMIGRATION: AN OVERVIEW

THREE THINGS THE CEO NEEDS TO KNOW ABOUT IMMIGRATION: AN OVERVIEW

This article provides an overview of things a company CEO should know in Canada and Italy.

Canada

  1. Make immigration an integral part of your business strategy. For example, have an immigration specialist look into your mergers-and-acquisitions plans during due diligence, to avoid surprises after the transaction closes. Some work permits are not easily transferable to the new employer and you may need to petition afresh for the employees to join the new team. This may take months.
  2. Just because the work is unpaid in Canada doesn’t mean that you don’t require a work permit. Think of management consultants coming to advise your company, interns working during the summer, and certain technicians coming to service or repair your equipment.
  3. The question is not whether your company will be audited, but when it will be audited. Various administrations may perform compliance audits on companies that hire foreign workers. Being subject to an audit at some point is the rule, not the exception. Be prepared.

Italy

  1. Is there a company in Italy? Any work permit application must be filed by an Italian company, not only when the application is for hiring a foreign worker locally but also in case of temporary assignment.
  2. What requirements must the Italian company have? The company must be fully registered with the business register, active, and in good standing. It must also be compliant with all tax and social security payments. In addition, the work permit application must be filed in the name of one of its legal representatives who must be Italian or legally residing in Italy (it is possible to appoint a third party).
  3. Where is the Italian company/place of work located? Depending on the type of application, the Immigration Office that will process the application is determined by the worker’s place of work or company headquarters. Since different Immigration Offices throughout Italy may have different requirements and processing times, it is very important to check this point before proceeding.

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2. ITALY

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

Updated Rules for Entry Into Italy

Starting September 22, 2020, travelers from some French regions (Auvergne-Rhône-Alpes, Corsica, Hauts-de-France, Ilȇ -de-France, New Aquitaine, Occitania, Provence-Alpes-Côte d’Azur) are subject to mandatory molecular/antigenic COVID-19 testing on arrival. This is also required for travelers from Croatia, Greece, Malta, and Spain.

Additionally, Serbia is no longer on the list of countries from which travel is banned, and travelers from Bulgaria are no longer required to quarantine upon arrival.

Also, since the beginning of September, entry into Italy is allowed for unmarried partners (who have a proven and stable relationship) of EU citizens and of non-EU citizens who are long-term residents in the country.

New Rules for Posted Workers

Italy has incorporated Directive 957/2018 (amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services) into national law with decree n. 122/2020. The decree was published in the Official Gazette on September 15, 2020, and entered into force September 30.

The directive’s main aim is to limit social and wage dumping and to strengthen equal treatment between “local” and posted workers, based on the principle that the posting companies are required to guarantee posted workers the same conditions as local workers.

The main changes include:

  • Increased equality of treatment of posted workers
  • The rules of the host member state apply to accommodation, travel expenses reimbursement, food and lodging of posted workers
  • Maximum period of posting is reduced from 24 to 12 months, extendable to 18 months. After 12 months the posted worker is subject to the work conditions of the host state, including social security rules
  • When a posted worker is replaced by another worker performing the same tasks at the same place, the 12-month (or 18-month) period is calculated by adding up the posting period of each worker

Easier Path for the Italian Investor Visa

The Italian Senate has just approved modifications to the law on the investor visa. To enter into force, these changes must be approved by the Chamber of Deputies.

Proposed modifications:

  • The application for the Italy Investor Visa Clearance (Nulla Osta) can be filed using a company controlled by the applicant
  • Investor permit holders are exempted from the Integration Agreement obligations, e.g., language test
  • Investor permit holders are no longer required to spend a minimum amount of time in Italy

If the changes are approved, the Italian immigrant investor program will become more attractive and will make moving to Italy easier for investors.

B-Day: Are You Ready for Brexit Final Date?

All United Kingdom (UK) citizens resident in Italy are advised to obtain the new Attestazione di Iscrizione Anagrafica, as per the latest government circular on residency registration. This is the document attesting UK citizens’ right to reside in Italy for a period longer than three months.

Arrangements between the UK and Italy have yet to be decided, and this declaration is intended to show that the UK citizen is protected by the Withdrawal Agreement (WA) even after the transition period.

The only certainty is that UK citizens who want their rights guaranteed by the WA will have to provide evidence of residence in Italy before December 31, 2021.

This means that whether you are a newly registered citizen or a long-term resident in Italy, you are strongly advised to obtain this specific Attestazione before the end of the transition period to make sure you are covered by the WA.

COVID-19 Travel Guidance—Online Self-Questionnaire

Can I enter Italy for tourism? Do I have to quarantine upon arrival? Is a coronavirus test required? I am traveling to Italy for work; am I exempted from the mandatory quarantine? The Italian government is constantly reviewing Italy’s coronavirus policy; as a result, many travelers are not sure what rules apply upon their intended travel date. The answers to these and many other questions can be found by filling out a questionnaire (link below).

Note that regional authorities in Italy may apply restrictions in addition to national rules. Also, the questionnaire has no legal value and it has been created for informational purposes. The results of the questionnaire do not guarantee entry into the country, as this decision is made by border control officers.

Details:

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3. PERU

Peru has extended its Sanitary Emergency decree on the COVID-19 public health emergency by 90 days from September 8, 2020, and has extended its State of National Emergency decree until September 30, 2020.

On August 28, 2020, due to the ongoing COVID-19 public health emergency, Peru extended its Sanitary Emergency decree once again from September 8, 2020, for 90 days. Peru also extended its State of National Emergency decree until September 30, 2020, for the same reason.

As part of the imposed “focused quarantine,” some or all provinces are undergoing restrictions such as limits on the movement of people only for the provision of and access to essential services, goods, and economic activities. Exempted activities include the provision of food supply services, health, medicine, financial services, restaurant service for home delivery, continuity of water services, sanitation, electricity, gas, fuels, telecommunications and related activities, cleaning and collection of solid waste, funeral services, freight and merchandise transport and related activities, and activities related to the resumption of economic activities.

Staff of the print, radio, or television press may transit during this period of mandatory social immobilization as long as they carry their personal work passes, journalistic credentials, and National ID for identification purposes. The authorization also applies to the mobile units that transport them for the fulfillment of their functions. Curfews are imposed in some areas.

During the State of National Emergency, the total closure of the Peruvian borders continues in force. International transport of passengers by land, air, sea, and river continues to be suspended except for humanitarian reasons.

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4. RUSSIA

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

Measures regulating the status of foreign citizens and stateless persons in Russia in connection to the danger of further spread of the new coronavirus (COVID-19) allowing foreigners to stay in Russia until September 15, 2020 (provided the expiration date of their immigration documents was between March 15 and September 15) have now been extended until December 15, 2020.

This will continue to be applicable to the following types of immigration documents:

  • Visas (all types)
  • Address Registrations, temporary and permanent
  • Migration cards
  • TRP (Temporary Residence Permits)
  • PRP (Permanent Residence Permits)
  • Documents, confirming refugee status, status of “mandatory moved persons,” participants in the state program for relocation of compatriots living abroad)

According to the order, the validity of such documents is automatically extended for 275 days after the document expiration date.

Also, according to the amendments, foreign citizens who are currently in Russia can exit Russia and enter their native countries without the need to travel through third countries (those with which air communications have been restored and borders opened).

The order is not applicable to the following type of immigration documents, and holders of such documents and their employers must file for extensions in the standard manner:

  • HQS Work Permit
  • Standard Work Permit
  • Corporate Work Permit
  • Patent (if the patent expires between March 15 and December 15, it is possible to apply for renewal without needing to leave Russia)

For the same period (March 15 to December 15), the six-month period of permitted stay abroad is suspended for the following categories of foreign citizens and stateless persons:

  • Participants in the state program for relocation of compatriots living abroad
  • Persons having permanent residence permits
  • Persons having temporary residence permits

For the same period (March 15 to December 15), the period for voluntary exit from Russia is suspended for those persons in relation to whom the following decisions were made:

 

  • Administrative removal
  • Deportation
  • Hand-over to a foreign country on the basis of a readmission agreement

For the same period (March 15 to December 15), the following decisions will not be taken in relation to foreign citizens and stateless persons:

  • Undesirability of stay (permanent or temporary)
  • Administrative removal
  • Deportation
  • Hand-over to a foreign country on the basis of a readmission agreement
  • Annulment of refugee status, or status of mandatory removed persons
  • Annulment of previously issued visas, work permits, patents, temporary residence permits, permanent residence permits, and certificates of participants in the state program on relocation of compatriots living abroad

Citizens of the following countries can enter Russia, as well as foreign citizens who have permanent residence in these countries:

United Kingdom

Tanzania

Turkey

Switzerland

Egypt

Maldives

United Arab Emirates

Republic of South Ossetia

Belarus

Kazakhstan

Kyrgyzstan

Republic of Korea

Also, entry and exit is allowed for persons using all types of transport, provided entry and exit are aimed at:

  • Change of crew on sea and river vessels staying in Russian ports
  • Quality control of equipment produced by Russian companies and supplied according to contracts signed for atomic energy facilities situated abroad as well as according to international agreements, provided such persons are listed on special requests from State Corporation Rosatom to the Federal Security Service and the Internal Affairs Ministry
  • Certification of new aircraft and technical support of companies using aircraft produced in Russia, provided such persons are listed on special requests sent from the Ministry of Trade and Industry to the Federal Security Service and the Internal Affairs Ministry

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5. UNITED KINGDOM and Global Highlights

This article notes that the United Kingdom’s (UK) new immigration system starts January 1, 2021. The article also highlights key changes to immigration rules in global jurisdictions, including the European Union, Ireland, Belgium, Poland, Luxembourg, Singapore, Australia, the United States, Canada, and Barbados.

New Immigration System

The UK will have a new immigration system starting January 1, 2021.

The new immigration system will apply to both EU and non-EU citizens. EU citizens moving to the UK on or after January 1, 2021, will need a visa to be able to work. The same goes for other European Economic Area (EEA) nationals and Swiss nationals. This does not apply to Irish citizens. They will still be free to work in the UK without a visa.

Highlights of Key Changes to Immigration Rules in Global Jurisdictions

European Union (EU). The European Council has updated its list of countries whose residents should be allowed or denied entry into the EU Member States. Travel restrictions have also been lifted for highly skilled workers by many EU Member States as well as Schengen Area countries.

Ireland. All immigration permissions that expired between August 20 and September 20, 2020, are automatically extended for a further one-month period. The Department of Justice Registration Offices also temporarily closed again in light of the ongoing coronavirus outbreak.

Also, as of July 20, 2020, the renewal process for the Online Residence Card (IRP card) has been opened to all non-EEA nationals and their dependent families residing in Dublin.

Belgium. As of July 30, 2020, Belgium has implemented the revised EU Posted Worker Directive. This is expected to result in only minimal changes because most of the rules were already in place.

Poland. As of July 30, 2020, Poland has also implemented the revised EU Posted Worker Directive, making changes to its posted worker laws.

Luxembourg. The Luxembourg government has published information on what British nationals residing in Luxembourg must do before December 31, 2020 (end of the Brexit transition period) to maintain their right of residence and work in Luxembourg.

Singapore. The minimum qualifying monthly salary threshold for Employment Passes increased to SGD 4,500 as of September 1, 2020. As of October 1, 2020, there are stricter advertising requirements and job postings when carrying out the labor market test for employers wishing to employ foreign workers.

Australia. To expedite Temporary Skill Shortage visa application processing, the Australian government has introduced a new Priority Migration Skilled Occupation List for certain critical workers. Also, as of October 1, 2020, additional labor market testing requirements will be imposed for certain visa types.

United States. Starting October 2, 2020, higher fees are in place for employment-based applications and petitions and new application forms will be issued for L-1, H-1B, and other nonimmigrant petitions to reflect the new fees.

Also, U.S. Citizenship and Immigration Services has decided not to furlough its workforce by cutting agency spending instead. The cuts are said to increase processing times, backlogs, and waiting times.

Foreign students on F-1 and M-1 visas who are newly enrolled in courses will not be allowed to take all online-only courses and remain in the United States. They will not be issued visas and/or admitted to the United States during the fall 2020 semester.

Canada. From July 22, 2020, restrictions have been implemented on the Québec Experience Program (PEQ). The restrictions make it more difficult for foreign nationals such as temporary residents either working or studying in Québec, who are required to apply for permanent residence in the province.

Barbados. New Welcome Stamp Visas have been introduced to enable foreign nationals to reside and work remotely from Barbados. There is a requirement to show sufficient income for this visa.

Details:

“Global Immigration Update,” Kingsley Napley, https://www.kingsleynapley.co.uk/insights/news/kn-global-immigration-update-july-and-august-2020

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6. 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 three 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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7. ABIL Member / Firm News

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) was quoted by the New York Times in “Immigrant ‘Dreamers’ in Search of a Job Are Being Turned Away. “Employers come to me saying, ‘I would love to hire this person but my worry is that I hire them, invest three or four months in training them and if Trump does away with the program then I have to hire and train a new person.’ That gets expensive and time-consuming. I tell them, ‘If you really like this person, this program is not dead yet. So you shouldn’t assume they will be unable to continue working for you. But if your reason for not hiring the person is a business reason, then that is a decision for you to make.” The article is at https://www.nytimes.com/2020/08/20/us/immigration-daca-dreamers-employers.html.

Barbara Caruso was quoted by the Toronto Star in “What is ‘Nearshoring’? Is it Good for Canada – Or Is Our Immigration System Just Bailing Out Silicon Valley?” Ms. Caruso said she worries that nearshoring could bring the integrity of Canada’s temporary foreign worker program into the spotlight the way “offshoring” did in 2013, when Royal Bank of Canada was criticized for laying off Canadian employees and outsourcing their jobs to foreign workers. She noted that currently, nearshoring is neither provided for nor prohibited under the program. “At a time when remote work is now the norm, there will be lots of foreign nationals wanting to come to Canada to work remotely for their foreign employers, and willing to pay Canadian taxes and spend their salaries in Canada. The government needs to develop a clear policy with respect to remote work situations, including nearshoring,” she said. The article is available by subscription at https://www.thestar.com/news/canada/2020/08/11/what-is-nearshoring-is-it-good-for-canada-or-is-our-immigration-system-just-bailing-out-silicon-valley.html.

Will Hummel, a partner at Garfinkel Immigration Law Firm, was profiled by Davidson College in “Compassionate Guide Through the Twists and Turns of Immigration Law.” https://www.davidson.edu/news/2020/09/01/compassionate-guide-through-twists-and-turns-immigration-law Jeff Joseph, Greg Siskind, and Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) are representing visa-seekers in Milligan et al. v. Pompeo et al. They argue that the Department of State has wrongly stopped processing and issuing fiancé(e) visas based on the fact that certain foreign nationals cannot travel to the United States during the COVID-19 pandemic, and request that the court resume K-1 visa processing since the Immigration and Nationality Act differentiates between entry and visa issuance, only allowing the President to suspend entry into the United States. Mr. Joseph said, “If we can make exceptions and process visas for agricultural workers, students, and other visa categories, we can certainly process visas for the intended husbands and wives of U.S. citizens.” The article is available by registering at https://www.law360.com/articles/1311558/us-citizens-say-state-dept-illegally-delaying-fianc-e-visas. Klasko Immigration Law Partners, LLP has released several podcasts. “The Latest on E-2 Visa with Citizenship-by-Investment” provides the latest updates to this creative solution that many foreign nationals have utilized since 2017. The investors are not just immigrating from China, but from many other countries as well. See . In “Who Can Travel to the U.S. Right Now?,” Michele Madera and William Stock answer these questions and discuss the latest news on immigration-related travel to the United States and the current litigation challenging a June 2020 presidential proclamation and related guidance issued in July 2020. See . “What is Legal Immigration?” In the first episode of two, H. Ronald Klasko, Anu Nair, and Drew Zeltner cover the pathways of legal immigration to the U.S., the hurdles legal immigrants are facing, and how they contribute to the growth of the U.S. economy. This two-part podcast is part of the series, “Statutes of Liberty.” See . Mr. Stock was quoted by Forbes in “Regulation to Restrict H-1B Visas Moves Toward Final Step.” He said, “I expect to see the regulation embody the legal theories on ’employer-employee relationship’ that we saw in the guidance memos that were enjoined by a court earlier this year, requiring employers to document non-speculative employment for the full duration of the visa requested for third-party placements.” He also said that all of the changes in the regulation “are likely to be resisted by employers as inconsistent with the statute and economically harmful. If allowed to go into effect, the regulation will continue the current trend of employers sending high-value technology work offshore because of policies from this administration that are keeping and pushing key personnel outside the United States.” https://www.forbes.com/sites/stuartanderson/2020/09/07/regulation-to-restrict-h-1b-visas-moves-toward-final-step/#6eacbe007e4b

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted by Courthouse News Service in “Immigration Advocates Challenge Visa Ban, Urge Judge to Curb Trump’s Power.” Commenting on the government’s position regarding a lawsuit challenging President Trump’s proclamations in April and June 2020 banning many nonimmigrants and immigrants from obtaining visas or green cards, Mr. Kuck said, “There are not even any findings here. There’s somebody’s opinion, with no factual basis in the record. That cannot be the basis to override the entire INA.” https://www.courthousenews.com/immigration-advocates-challenge-visa-ban-urge-judge-to-curb-trumps-power/amp/

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) has authored or co-authored several new blog postings. “Downgrading From EB-2 to EB-3 Under the October 2020 Visa Bulletin” is at http://blog.cyrusmehta.com/2020/09/downgrading-from-eb-2-to-eb-3-under-the-october-2020-visa-bulletin.html. “In Honor of Justice Ginsburg: Disfavoring Piepowder Courts Against Permanent Residents in Vartelas v. Holder” is at . “The Future of Work and Visa Rules in the Age of COVID-19” is at http://blog.cyrusmehta.com/2020/09/the-future-of-work-and-visa-rules-in-the-age-of-covid-19.html.  “Gomez v. Trump: Welcome to the Brave New World of Made Up Law under 212(f)” is at http://blog.cyrusmehta.com/2020/09/gomez-v-trump-welcome-to-the-brave-new-world-of-made-up-law-under-ina-212f.html. “The Impossible Feat of Determining Who is an ‘Illegal Alien’ Under Trump’s Unconstitutional Census Executive Order” is at .Mr. Mehta has authored a FAQ on ethics during the COVID-19 pandemic, as part of an ongoing project. New FAQs will be added as new issues arise. https://www.aila.org/practice/ethics/ethics-resources/2016-2019/faqs-ethics-pandemic (available to AILA members)

Mr. Mehta was quoted by Law360 in “DHS Appointments Risk 1 ½ Years of Immigration Policy.” He spoke about the unlawful appointment of Chad Wolf at the Department of Homeland Security and the impact this could have on regulations signed by him. The article is available by registering at https://www.law360.com/articles/1301788/dhs-appointments-risk-1-years-of-immigration-policy.

Mr. Mehta’s tweet was cited by Outlook India in “Watching Trump Preside Over Naturalisation Ceremony Was Like Watching Fox Bless Henhouse: Hillary,” on the naturalization ceremony held during the Republican National Convention. He tweeted, “Trump and illegally appointed Wolf conduct a naturalisation ceremony during a political convention to hypocritically pander to immigrants they have otherwise banned, abused and caged.”

David Isaacson, of Cyrus D. Mehta & Partners, PLLC, has authored several new blog postings. “Elephants, Mouseholes, and Sickness: My Comment on the Latest Anti-Asylum Proposed Rule. Do You Have One Too?” is at . “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 .

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) and Marketa Lindt (bio: https://www.abil.com/lawyers/lawyers-lindt.cfm?c=US) recently presented on National Interest Exemptions to Visa and Entry Bans. Mr. Paparelli’s presentation on “Getting Your Key Employees Into the U.S. Under the Exceptions to the Visa and Entry Bans and the National Interest Exemption” is available in PDF format at https://bit.ly/2Zws03U.Greg Siskind, of Siskind Susser, PC, was quoted by Law360 in “Lack of Oversight for USCIS Funding May Doom Budget Fix.” Mr. Siskind said he would have liked to see a bill to provide short-term relief to USCIS to help it avoid furloughs include mandated timelines for how quickly USCIS is required to start new premium processing services. He pointed to an instance two decades ago when the U.S. immigration agency in place at the time issued a policy limiting the physician national interest waiver program, which gave foreign-born doctors green cards to work in medically underserved areas, a year after Congress created the program. The agency was sued and was ultimately required to fully implement the program. “In theory, they’re incentivized to start expanding, but who knows,” Mr. Siskind said. The article is available by registering at https://bit.ly/3hHa4dQ.

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” are at https://wolfsdorf.com/blog/.

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted recently in several media outlets:·         USA Today, ” ‘You’re Not Wanted’: Trump’s Proposed College Student Visa Changes Worry International Students—Again.” Mr. Yale-Loehr said, “The overall tone of the proposed rules sends a chilling message to current and prospective international students that we are no longer a welcoming nation. It says we’re more focused on national security threats, and that we suspect they could be coming here to do harm rather than help the U.S. He said the proposed changes don’t necessarily come as a surprise: “This is part of a larger anti-immigrant trend coming from this administration.” He also noted that the SEVIS system is “cumbersome,” but it works: Universities are able to see which students are falling through the cracks. The proposed rule changes imply the existing system needs revamping, he said, “when colleges would tell you it’s working just fine.” https://www.usatoday.com/story/news/education/2020/09/26/trump-student-visa-rule-dhs-f-1-changes/3537182001/ ·         Voice of America, “Proposed U.S. Visa Changes Explained.” Mr. Yale-Loehr said the proposed rule states that international students currently in the United States would be able to remain under the pre-existing rules, not to exceed four years from the effective date of the final rule. He also said the rule could bar extensions for international students if the immigration agency decides that a visa holder is not making progress toward their degree. “The proposed rule would require most international students to finish their studies in four years, rather than however long it normally takes. For example, many PhD students normally take more than four years to get their degree,” he noted. https://www.voanews.com/usa/immigration/proposed-us-visa-changes-explained·         Inside Higher Ed, “Trump Administration Proposes Major Overhaul to Student Visa Rules.” Mr. Yale-Loehr said, “On the one hand, students and people advising international students and scholars in higher education should not panic—these are not immediate changes. On the other hand, if this rule does get finalized without any changes, it will be the biggest change in international student regulations in 20 years. Overall, the proposed rule sends a chilling message to prospective international students and makes the United States seem more unwelcoming—and this is in line with other things that the administration has done in other areas of immigration.” https://www.insidehighered.com/news/2020/09/25/trump-administration-proposes-major-overhaul-student-visa-rules ·         Cornell Daily Sun, “Cornell Law Professor Breaks Down ‘Broken’ Immigration System Under Trump Administration.” Almost 800 people tuned in recently to hear Mr. Yale-Loehr break down the current administration’s rising restrictions against immigration. The event, “Our Broken Immigration System: and How to Fix It,” discussed the workings of the United States immigration system and possible solutions to existing problems. https://cornellsun.com/2020/09/25/cornell-law-professor-breaks-down-broken-immigration-system-under-trump-administration/ ·         Univision, “El gobierno de Trump propone reducir el tiempo para pedir asilo de un año a solo 15 días” (“Trump Administration Proposes to Reduce the Time to Seek Asylum From One Year to Just 15 Days”). “This new proposed rule will radically restrict the ability of people fleeing persecution to obtain asylum in the United States,” Mr. Yale-Loehr warned. “The rule would also allow immigration judges to deny asylum applications without a hearing if they lack certain evidence. This would particularly harm applicants without a lawyer. This proposed rule is an anti-immigrant’s dream. It would gut the U.S. asylum system and ultimately very few people would be able to get it.” https://www.univision.com/noticias/inmigracion/el-gobierno-de-trump-propone-reducir-el-tiempo-para-pedir-asilo-de-un-ano-a-solo-15-dias (Spanish)·         Vox, “The Trump Administration Has Already Made Huge Refugee Cuts. It’s Reportedly Considering More.” He noted that if President Trump’s executive order allowing local governments to turn away refugees, which has been blocked by courts for the time being, is permitted to go into effect, it’s not clear how it would play out in practice. States won’t just be able to refuse refugees from certain nations, such as Syria, he said; immigration law provides that state and local governments must provide aid “without regard to race, religion, nationality, sex or political opinion.” https://www.vox.com/2020/9/11/21431157/trump-refugee-admissions-resettlement-cap-2021Mr. Yale-Loehr was quoted by several media outlets about a new H-1B rule:·         Law360, “Trump Admin Preps Stricter H-1B Visa Rules for Release.” Mr. Yale-Loehr predicted that the H-1B visa changes would draw lawsuits, saying that the administration’s purported goal to protect American workers with visa restrictions is undermined by the business sector’s contention that specialized foreign workers boost the U.S. economy. “The new rule may score points with the president’s political base, but it flunks Economics 101,” he said. https://bit.ly/323wxwp (available by registration)·         Breitbart, “Business Groups Warn H-1B Outsourcing Reform Is Imminent.” Mr. Yale-Loehr’s statement above was quoted, and he added, “It will also be immediately challenged in court.” https://bit.ly/3by27Fu ·         Univision, “La Casa Blanca revisa propuesta que afectará las visas H-1B para profesionales extranjeros.” Mr. Yale-Loehr’s statement above was quoted. https://bit.ly/35aeS87 (Spanish)Mr. Yale-Loehr was quoted by Voice of America News in “VOA Journalists Fly Home After USAGM Fails to Renew J-1Visas.” Mr. Yale-Loehr told the Voice of America that J-1 exchange visitors bring “substantial economic benefits” to the United States. “Many of these jobs are specialized and, depending on the nature of the job, it may not be feasible for an employer to find a U.S. worker to replace them,” he said, noting that although visa sponsors do not have legal obligations to renew employees’ visas, “they may have a moral obligation if they’re sending J-1 workers back to harm’s way.” He added that those fearing persecution have a right to seek asylum. https://www.voanews.com/usa/voa-journalists-fly-home-after-usagm-fails-renew-j-1-visas

Mr. Yale-Loehr was quoted by Univision in “¿Habrá una reforma migratoria si gana Biden? ¿Deshará la política de Trump? Lo que puede pasar tras las elecciones.” (“Will there be immigration reform if Biden wins? Will he undo Trump’s policy? What can happen after the elections?”) Mr. Yale-Loehr said, “If Biden wins but Republicans continue to control the Senate, it will be very difficult to get Congress to pass a bill to reform our broken immigration system. It will also be difficult for him to make changes through executive orders. Conservative groups or Republican states would likely sue to stop Biden’s executive orders, just as the American Civil Liberties Union (ACLU) and liberal states sued to stop many of President Trump’s executive orders.” He said that even if Biden wins and makes the promised changes, “these would not go into effect immediately.” He noted that “it could be difficult to undo all the immigration damage that President Trump has inflicted, for a number of reasons. First, Biden and Congress will have several competing priorities in 2021, including conquering the coronavirus pandemic and resurrecting our economy.” Faced with this unexpected scenario, “immigration reform may not happen immediately,” as it did with President Obama during his first term, when the wars in Iraq and Afghanistan, the 2008 economic crisis, and health care reform were first place on the priority list. “Second, even when Congress enacts a comprehensive immigration reform law, it will take some time to implement,” he warned. “Third, it may take some time to replace the anti-immigrant officials currently in immigration agencies with more pro-immigrant officials. And fourth, it will take time to overcome the immigration delays created by the current administration. For all these reasons, I am afraid that we will not see as much progress in immigration reform in the next four years as many would like.” https://bit.ly/2YrpKdL (Spanish).

Mr. Yale-Loehr was quoted by Study International in “International Students in U.S. Universities Can Get Paid for Online Jobs.” Mr. Yale-Loehr said, “Arguably, if a university hires someone to work overseas, the institution has to comply with the tax and labor laws of that country. That can be complicated, depending on the country. However, I don’t know of any visa-related reasons why a university can’t employ a non-citizen overseas, as long as the work is properly documented and the employee and the university comply with the relevant visa rules.” The article is at https://www.studyinternational.com/news/online-college-student-jobs/.

Mr. Yale-Loehr was quoted by Inside Higher Ed in “Want Your Stipend? Come to the U.S. First.” The quote is the same as that above for Study International. The article is at https://bit.ly/2DRcuYZ. Mr. Yale-Loehr was quoted by Univision in “Se acaba el plazo para comentar nuevas regulaciones de asilo propuestas por el gobierno de Trump” (“Deadline to Comment on New Asylum Regulations Proposed by the Trump Administration”). Mr. Yale-Loehr said, “This new proposed rule will radically restrict the ability of people fleeing persecution to obtain asylum in the United States.” The article (in Spanish) is at https://bit.ly/3iFiYZm. 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 https://bit.ly/31r3pgU.

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