In this issue:

1. OPTIONS FOR UKRAINIANS: AN OVERVIEW – This article provides an overview of options for Ukrainians in several European Union countries following the invasion of Ukraine by Russia and massive migrant outflows.

2. ITALY – There is good news from the Italian government for people who seek to convert their permit of stay to a work permit.

3. RUSSIA – The Russian government has issued guidance for employers of foreign citizens with highly qualified specialist work permits who leave the Russian Federation for an indefinite period. Russia has lifted restrictions on the entry of persons from several countries. Also, there is a new list of professions that employers can use to hire foreign nationals from visa countries without having to apply for a quota for foreign labor first. In another development, citizens of the EAEU are no longer required to submit a negative PCR test result to enter the Russian Federation through land borders.

4. TURKEY – Turkey released information on vaccination requirements for entry.

5. UNITED KINGDOM – The adjusted right-to-work check process has been extended until September 30, 2022.

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

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

Download:

ABIL Global Immigration Update – April 2022

1. OPTIONS FOR UKRAINIANS: AN OVERVIEW

This article provides an overview of options for Ukrainians in several European Union countries following the invasion of Ukraine by Russia and massive migrant outflows.

European Union

European Union (EU) Member States have decided to apply Council Directive 2001/55/EC of 20 July 2001 (on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof), thus introducing temporary protection for Ukrainian and Ukrainian residents fleeing from war.

Temporary protection quickly allows displaced persons to enjoy harmonized rights across the EU, including a residence permit; the possibility to engage in employed or self-employed activities; access to accommodation, social welfare assistance, and medical or other assistance; and means of subsistence. Temporary protection also benefits affected Member States because it limits the need for these displaced persons to immediately seek international protection and overwhelm the asylum systems of the Member States by reducing formalities to a minimum because of the urgency of the situation. The measures included in the Temporary Protection Directive and implementing national measures therefore allow the Member States to manage the influx of displaced persons in a controlled and effective way with full respect for fundamental rights and international obligations.

Also, according to the decision, Ukrainian nationals will have the right to obtain a residence permit immediately, valid for one year and extendable up to three years. Non-Ukrainian nationals residing in Ukraine on short term permits will be helped to leave the country but will then be repatriated. Those living in Ukraine for long-term periods with a permanent permit will be treated differently according to the Member State of relocation.

From a practical point of view, there could be some difficulties. For example, because this is an EU Directive, all Member States are required to implement it within their national law systems, which means that each Member State has discretion regarding how to implement it. Also, this Directive has never been applied before, which means that it is difficult to know, at least immediately, whether the Member States are correctly incorporating and implementing it.

Belgium

Relevant information for Belgians in Ukraine and Russia, and Ukrainians in Belgium, is at https://info-ukraine.be/en.

The Belgian federal immigration office confirmed that they “will examine the residence applications…with great care. Therefore, Ukrainians in Belgium should not worry if their residence permit expires in the next few weeks.” (https://dofi.ibz.be/en/themes/ukraine).

The most recent guidelines/regulations are briefly summarized below.

Temporary Protection Status

The European Directive discussed above has been transposed into Belgian law to provide for minimum standards for granting temporary protection in the event of a mass influx of displaced persons into EU territory.

Ukrainian nationals residing in Ukraine and their family members, as well as third-country nationals or stateless persons enjoying temporary protection in Ukraine and their family members, are eligible for temporary protection in Belgium, provided they resided in Ukraine on or before February 24, 2022.

Ukrainian nationals can present themselves every day (Saturdays and Sundays included) between 8.30 am and 5.30 pm at a registration center in Brussels (current address as of March 14, 2022, is Brussels Expo Hall, Palais/Hall 8 – Heysel, Verregat) with their Ukrainian identity documents to apply for temporary protection. Due to the increasing number of registrations, the authorities ask those who already have a place to stay to wait to register in order to allow prioritization for those in need of housing. Those who registered between March 7 and 13, 2022, at the first-used registration center do not have to come back to the current registration center in Palais 8 (Heysel).

After the registration is completed, a temporary protection certificate will be issued if the conditions for granting temporary protection are met.

The municipal administration of the place of residence can afterwards issue a residence permit type A valid until March 4, 2023 (potentially renewable). Before issuance of the residence permit type A, a temporary residence document “annex 15” can be issued while awaiting the residence permit type A.

Under Belgian law, third-country nationals with temporary protection status have unlimited access to the labor market as employees as soon as they hold the document “annex 15” and later the residence permit type A. This applies to Ukrainian nationals: they can work without the need to obtain a specific permit (work or single permit).

Temporary protection status does not allow self-employed work in Belgium: a specific permit (professional card) is required to legally work in Belgium as a self-employed person.

Short Stay in Belgium (< 90 days)

Ukrainian biometric passport holders are exempt from visa requirements for short stays (maximum 90 days) in Belgium. If the situation in Ukraine does not allow for safe return at the end of the 90 days, this period can be extended up to a maximum of 180 days. This extension is also possible for those who do not hold a biometric passport but who have received a visa to enter Belgium.

The federal immigration office reassures “Ukrainian citizens who are, or have arrived, legally in Belgium and who, due to the situation in their country, stay longer than the authorized stay,” but they “are advised to go immediately to the municipal administration of their place of residence to declare their arrival and/or to request the authorization to extend their stay in Belgium.”

Short-stay status does not allow work in Belgium.

Long Stay in Belgium (> 90 days)

The guidelines for long stay, e.g., for work or for family reunification, include:

• For Ukrainian citizens who are still in Ukraine, in principle those who wish to come to Belgium should normally obtain a visa D (national long-stay visa) before traveling. It is now possible to apply for this visa at the Belgian Consulate General in Warsaw, Poland, since the Belgian Embassy’s offices in Kiev are currently closed.
• For Ukrainian citizens who have left Ukraine and are already in the Schengen area, it is possible for them to apply for a residence permit directly at the municipal administration of their residence in Belgium. The conditions for granting this residence permit (study, work, family reunification) are maintained, but if the applicant cannot present the usual official documents, the immigration office will look for alternatives.
• Ukrainian citizens who have left Ukraine and are in a country that is not part of the Schengen area can contact the Belgian embassy or consulate responsible for that country.
• Ukrainian citizens who are legally residing in Belgium for a limited period of time and no longer meet the requirements for renewal of their residence card type A can obtain an extension of their authorized stay (end date of stay + 90 days). It is possible to extend this period up to a maximum of 180 days.

Flanders: Ukrainian Seasonal Workers

Specifically for Flanders, Ukrainian seasonal workers who are currently living and working in Belgium with a work permit valid for a maximum of 90 days can extend this work permit up to a maximum of five months overall, even when they will stay in Flanders for longer than 90 days in total.

Canada

Canada has committed to opening two new streams of immigration for Ukrainians.

First, a Canada-Ukraine Authorization for Emergency Travel (CUAET) allows Ukrainian nationals to apply for a visa without most of the usual requirements (free of charge, exempt from completing an immigration medical exam overseas, option to apply for a free open work permit, exempt from Canada’s Covid-19 vaccination requirements) excepting biometrics and ArriveCAN. No limit on the number of applications will be imposed, and pending a background check and security screening, the stay in Canada can be for up to three years. Canada intends to process a standard CUAET application within two weeks of receipt of the application. The steps to apply for this stream are at https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/cuaet.html

Second, Canada will implement a Special Family Reunification Sponsorship pathway for immediate and extended family members of Canadian citizens and permanent residents who are in Ukraine. For this pathway, details should follow in the coming weeks.

Ukrainians who will be coming to Canada through these two streams will be eligible to apply for an open work permit. Canada has also committed to issue open work permits to Ukrainian visitors, workers, and students who are currently in Canada and cannot go back due to the unsafe conditions. The Canadian government continues to encourage Ukrainians to apply through all available programs, as their applications will be prioritized.

Canadian immigration measures for people affected by the situation in Ukraine are at https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures.html

Italy

Below is a summary of possible options applicable to Ukrainian citizens migrating to Italy now. This information was prepared based on the measures available at the moment; no official specifications had been issued yet.

Option 1: Special temporal permit of stay for “calamity”

This solution applies when the country of origin of a foreigner (applicant) is in a proven situation of a “situation of serious calamity,” which makes that person unable to return to their country due to safety concerns. This type of permit has a duration of 6 months and is valid only within the Italian territory. It allows foreigners to work in Italy and can be converted into a work permit.

However, it should be noted that this type of permit is for cases of “natural calamity,” but the applicable law does not specify cases regarding wars and similar conflicts.

Option 2: Asylum

Ukrainian citizens can apply for asylum in Italy. According to Italian law, there is no formal timeframe for making an asylum application. However, asylum seekers should file their applications as soon as possible. Immigration legislation prescribes, as a general rule, a deadline of 8 days from arrival in Italy for migrants to present themselves to the authorities.

An asylum application can be submitted either at the border police office or within the territory at the provincial Immigration Office (Ufficio immigrazione) of the Police (Questura), where fingerprinting and photographing (fotosegnalamento) are carried out. If the asylum application is submitted at the border, the Border Police invites asylum seekers to present themselves at the Questura for formal registration.

After the filing (verbalizzazione) of the application, the Questura sends the formal registration form and the documentation to the Territorial Commissions or sub-Commissions for International Protection located throughout the national territory, the only authorities competent to conduct the substantive asylum interview. The Questura then notifies the asylum seeker of the interview date to appear before the Territorial Commission.

Applicants can check for their local Questura office at https://questure.poliziadistato.it/localcity. A receipt, including a photo and the tax code of the applicant, is issued for the applicant to access health services.

Details:

For more information, see https://www.mazzeschi.it/temporary-protection-for-ukrainian-citizens-in-italy/

Ukrainian citizens who need to request temporary protection in Italy can also check the following links:

• Italia (inca.it)
• https://www.patronato.acli.it/soluzioni-per-te/straniero-in-italia/
• https://patronatoinas.si/?lang=it
• https://www.patronatoenac.it/servizi/immigrazione/

For further information, see https://www.interno.gov.it/it/info-utili-lingresso-dei-profughi-ucraini-italia

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2. ITALY

There is good news from the Italian government for people who seek to convert their permit of stay to a work permit.

The deadline for sending applications to convert residence permits issued for other reasons into work permits has been extended from March 17 to September 30, 2022.

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3. RUSSIA

The Russian government has issued guidance for employers of foreign citizens with highly qualified specialist work permits who leave the Russian Federation for an indefinite period. Russia has lifted restrictions on the entry of persons from several countries. Also, there is a new list of professions that employers can use to hire foreign nationals from visa countries without having to apply for a quota for foreign labor first. In another development, citizens of the EAEU are no longer required to submit a negative PCR test result to enter the Russian Federation through land borders.

Update on Highly Qualified Specialist Work Permits

Due to the current situation, many foreign citizens engaged in labor activity in the territory of the Russian Federation on the basis of work permits for highly qualified specialists may decide to leave the territory of the Russian Federation for an indefinite period.

Employers of such foreign citizens are reminded:

1. To maintain the employee’s status of highly qualified specialist, the employer must pay the minimum wage per month: 167,000 rubles gross. If it is impossible to pay wages (for example, if the employee took leave at his own expense), the minimum amount of wages within one quarter should be paid in the amount of 501,000 rubles before taxes.
2. The period of stay of a foreign citizen abroad should not exceed six months. If this period is exceeded, the work permit of the highly qualified specialist will be canceled. A similar rule applies to highly qualified specialists who have residence permits in the Russian Federation issued based on HQS work permits.
3. If a decision is made to terminate an employment contract with a foreign citizen, the employer should consult a lawyer as early as possible to receive advice on the specific case.

Restrictions on Entry Lifted for Several Countries

Starting March 30, 2022, restrictions have been lifted on the entry of citizens of Kazakhstan to the Russian Federation and on the exit of Russian citizens to Kazakhstan through the land section of the Russian-Kazakh border, as well as foreign citizens and stateless persons to Russia and Russian citizens to Mongolia through the land section of the Russian-Mongolian border. Previously it was only possible to travel to Russia from these countries by air.

Starting March 17, 2022, citizens of the Republic of Belarus can enter the Russian Federation, crossing the Russian-Belarus state border without any previously set restrictions, by car (previously entry was possible only by train and plane), and without the need to undergo sanitary-quarantine control.

Also, starting March 10, 2022, restrictions on entry into the Russian Federation of Russian citizens and foreign citizens from the following countries have been lifted:

Hong Kong Special Administrative Region

Botswana

Eswatini

Kenya

Lesotho

Madagascar

Mozambique

Namibia

Tanzania

South Africa

Zimbabwe

For the entry of foreign citizens from these countries (with the exception of certain cases as specified in paragraph 2 of the Order of the Government of the Russian Federation from 16.03.2020 No 635-r, “On temporary restriction of entry into the Russian Federation of foreign citizens and stateless persons and temporary suspension of issuance of visas and invitations,” for example, the residence permit owners or those who have relatives who are citizens of the Russian Federation), they must be included in the entry list compiled by the Federal Security Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation. The Ministry of Internal Affairs has begun accepting documents for work permits and invitations for citizens of these countries, but submission is possible only after they are included in the lists of the Federal Security Service and the Ministry of Internal Affairs for entry.

New List of Professions for Employers Hiring Foreign Nationals

Also, starting March 29, 2022, a new order from the Ministry of Labour and Social Development introduces a renewed list of professions that employers can use to hire foreign nationals from visa countries without having to apply for a quota for foreign labor first.

Citizens of EAEU No Longer Required to Submit PCR Test Results to Enter Russia

EAEU citizens (Republics of Armenia, Belarus, and Kazakhstan, and the Kyrgyz Republic) entering the Russian Federation through land borders no longer need to submit a negative PCR test result.

Details:

• Entry to Russia: Restrictions on Entry from Kazakhstan and Mongolia Lifted, Vista Immigration, https://vista-immigration.ru/entry-to-russia-restrictions-on-entry-from-kazakhstan-and-mongolia-lifted/
• Entry to Russia: News (Belarus), Vista Immigration, https://vista-immigration.ru/entry-to-russia-news/
• Entry to Russia: African Countries and Hong Kong, Vista Immigration, https://vista-immigration.ru/entry-to-russia-african-countries-and-hong-kong/
• Quota-Free Standard Work Permit: New List of Professions, Vista Immigration, https://vista-immigration.ru/quota-free-standard-work-permit-new-list-of-professions/

Entry to Russia: The EAEU Citizens Are No Longer Required to Submit PCR, https://vista-immigration.ru/entry-to-russia-the-eaeu-citizens-are-no-longer-required-to-submit-pcr-to-enter-russia/

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4. TURKEY

Turkey released information on vaccination requirements for entry.

Turkey has access to both the Pfizer/BioNTech and Sinovac vaccines. Citizens or lawful residents are eligible for free vaccination (three total), which is then immediately recorded in the Ministry of Health’s online system. The Ministry has a public mobile phone app (called E-nabuz) that verifies the date/type of vaccine the individual was given and produces an online certificate with a QR code to evidence vaccination status. The Ministry of Health can also produce a European Union (EU)-compliant vaccination certificate through the E-nabuz system for mobility within the EU.

Full vaccination at least two weeks prior to entry is required with a Ministry of Turkey-approved (or WHO-approved) vaccine OR a negative PCR test or proof of recovery from COVID-19.

Details:

• For further information, see “Türkiye Travel Rules,” Turkish Airlines, https://www.turkishairlines.com/en-tr/announcements/coronavirus-outbreak/turkey-travel-rules/

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5. UNITED KINGDOM

The adjusted right-to-work check process has been extended until September 30, 2022.

The COVID-19 pandemic-related video call temporary adjusted right-to-work check process was scheduled to end on April 5, 2022. However, in a welcome development, it has been extended until September 30, 2022. This means that employers can continue to use the adjusted process to check copies of right-to-work documents over a video call.

The extension is mainly to give employers more time to become comfortable with the new digital Identification Document Validation Technology (IDVT) checking process for British and Irish citizens due to launch on April 6, 2022. This means that employers who do not wish to start using the new IDVT process now will benefit longer from the adjusted process for checking British and Irish citizen employees. Beginning October 1, 2022, if they wish, employers will still be able to check original documents from British and Irish citizens without using the IDVT.

Beginning April 6, 2022, employers must perform an online check if the person has a biometric residence permit. It will not be possible to carry out an original document (manual) check or an adjusted check (over video) if the person has a biometric residence permit.

Details:

• Right-to-Work Checks: What Employers Need to Know, Kingsley-Napley, https://www.kingsleynapley.co.uk/services/department/immigration/slp/right-to-work-checks

Right-to-Work Checks: An Employer’s Guide, UK Home Office, https://www.gov.uk/government/publications/right-to-work-checks-employers-guide

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6. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

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

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

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

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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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 Forbes in “Immigration Policies at USCIS Lead to Denials of L-1B Petitions.” She said, “Some at USCIS have never understood the L-1 standard even though they have good guidance in the Adjudicator’s Field Manual. To properly apply it, each case must be evaluated individually—you cannot template an adjudication.” She also said she believes that a number of adjudicators “do not understand what preponderance of the evidence means” and are not comfortable approving cases where something is “more likely than not,” even though that is the legal standard. https://www.forbes.com/sites/stuartanderson/2022/02/16/immigration-policies-at-uscis-lead-to-denials-of-l-1b-petitions/?sh=60419abe1301

Ms. Butte was quoted by Forbes in “USCIS Issues Immigration Rule to Expand Premium Processing.” She said, “While the stakeholder community is grateful for the relatively quick expansion of premium processing to additional I-140 categories, the delayed implementation for Forms I-539 and I-765 is disappointing. Since, generally speaking, I-140 filers already have status and work permission while they wait for their applications to be adjudicated, the individuals most impacted by the continued delays are those who cannot work until the I-539 (application to change/extend status) and I-765 (application for employment authorization) are adjudicated.” https://www.forbes.com/sites/stuartanderson/2022/03/30/uscis-issues-immigration-rule-to-expand-premium-processing/

Vic Goel (bio: https://www.abil.com/lawyers/lawyers-goel.cfm?c=US) was quoted by Forbes in “Immigration Policies at USCIS Lead to Denials of L-1B Petitions.” He said, “Given that most clients and attorneys understand the requirements and aren’t interested in wasting significant time or money in filing speculative cases that aren’t approvable, it’s odd that denial rates for L-1B cases are substantially higher than for other business immigration cases. USCIS policy sets a very high bar for approval of cases involving specialized knowledge workers, requiring firms to document how a given worker’s knowledge of a company’s product, processes, research, or other interests is special or advanced relative to other employees. While the standard is not insurmountable, USCIS applies it in a way that favors documentary evidence while discounting the company’s own assessments of the worker’s importance and knowledge, notwithstanding that company officials are typically in the best position to determine whether an employee’s knowledge is truly special.” https://www.forbes.com/sites/stuartanderson/2022/02/16/immigration-policies-at-uscis-lead-to-denials-of-l-1b-petitions/?sh=60419abe1301

Charles Foster, of Foster LLP, addressed the state of immigration during his presentation, “The Need for U.S. Immigration Reform,” in a meeting for the Kiwanis Club of Houston, Texas, on February 17, 2022.

Mr. Foster was interviewed by KPRC in “Galveston County Law Enforcement Continues Sending Resources to the Border.” He said, “Congress has to solve this.” Regarding the impact on immigration courts of increased incidents along the border, Mr. Foster said, “We have taken a bad situation and it’s getting worse daily. We need more immigration judges, trial attorneys and asylum officers.”

Mr. Foster was a featured speaker at the 2022 kickoff meeting for ITServe Alliance Houston, the Houston, Texas, branch of a large network of Indian American IT and related companies.

Mr. Foster spoke at the grand opening of the Blossom Hotel on February 8, 2022, along with Bob Harvey, Chairman of the Greater Houston Partnership, and Houston Mayor Sylvester Turner. The Blossom Hotel is near the Texas Medical Center’s planned “TMC3” project, the “world’s largest life sciences campus,” which will bring together a large number of tech companies involving health-related technologies from across the United States. https://www.tmc.edu/news/2021/08/texas-medical-center-launches-worlds-largest-life-science-campus/

Mr. Foster was a keynote speaker at a sculpture dedication honoring Lyndon Baines Johnson. The event was held at the Holocaust Museum of Houston, Texas, on February 21, 2022.

Klasko Immigration Law Partners, LLP, published a new blog post: “FAQs for Temporary Protected Status (TPS) for Ukraine.”

Karuna Chandani Simbeck was promoted to partner at Klasko Immigration Law Partners, LLP. As part of the EB-5 team, Ms. Simbeck has assisted hundreds of immigrant investors. With years of experience in EB-5, she has prepared hundreds of I-526 petitions for clients from countries such as India, South Africa, the Philippines, Singapore, Vietnam, Turkey, the United Kingdom, and China. Ms. Simbeck is often called on to review petitions, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs) for other law firms, among her other activities. https://www.klaskolaw.com/wp-content/uploads/2022.01-Press-Release-Karuna-Chandani-Simbeck-Promoted-to-Partner.pdf

Andrew Zeltner was promoted to partner at Klasko Immigration Law Partners, LLP. He is an experienced employment-based immigration attorney and has been assisting clients for 20 years. He handles a wide array of corporate immigration matters and also assists individual clients. He has particular experience with hospitals and organizations in the medical field, artists and performers, universities, and innovative startups. He has significant experience providing employment-based U.S. immigration services. He has provided extensive advice to human resources professionals and corporate counsel regarding immigration compliance matters including I-9 and LCA compliance issues. https://www.klaskolaw.com/news/press-release-andrew-j-zeltner-elected-to-partnership-at-klasko-immigration-law-partners/

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) wrote a letter published by the Atlanta Journal-Constitution, “These Pro-Immigration Bills Would Help Dreamers and All Georgians.” Among other things, he said, “While Dreamers, and all Georgia immigrants, contribute upwards of $10 billion in taxes annually, they are limited in their contributions to society because of senseless policies.” https://www.ajc.com/opinion/readers-write/3DGVQRNRBJFP3G44S2EIRDC6RY/

Robert Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm) announced:

• Foster partners Avalyn Langemeier, Layla Panjwani, and Sandra Dorsthorst, and guest speaker Cindy Ellis, program specialist at the Texas Primary Care Office, presented for a Foster webinar, “Immigration Options for J-1s, Physicians & Researchers,” on March 23, 2022. The webinar covered how J-1 exchange visitors and foreign national residents, physicians, and researchers can navigate the various immigration options available to them. https://attendee.gotowebinar.com/register/8568147091005058827
• Charles Foster spoke on a panel, “Locally and Nationally: Where We Have Been, Where Are We Today?,” at the Moving Forward: Challenging Racism Conference at the Holocaust Museum Houston on February 26, 2022.
• Foster gave opening remarks as Honorary Chair of the 2022 Born Global Summit at the University of Houston-Downtown Auditorium and online at the Tech Rodeo platform on March 4, 2022.
• Foster spoke on immigration policy at a luncheon for the Bay Area Rotary Club on March 7, 2022.
• Foster partner Oxana Bowman and attorney Diana Dominguez discussed immigration strategies and planning for online businesses in a webinar, “Immigration Planning and Strategies with Foster,” hosted by the Texas French American Chamber of Commerce on March 9, 2022.

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US), Kaitlyn Box, and Jessica Paszko authored a new blog post: “USCIS Contact Center is More a Source of Frustration Than Assistance.” http://blog.cyrusmehta.com/2022/03/uscis-contact-center-is-more-a-source-of-frustration-than-assistance.html

Mr. Mehta authored several new blog posts: “Immigration Relief for Ukrainian Refugees: What the United States Is Currently Offering,” “Using U.S. Immigration Law to Undermine Putin,” “Some Highlights of the EB-5 Reauthorization: CSPA Protection and How 245(k) and Concurrent Filing Combine to Create a New Option for Some Applicants Who Have Recently Dropped Out of Status,” “USCIS Contact Center is More a Source of Frustration Than Assistance,” “In Addition to Granting TPS to Ukrainians, the U.S. Must Do More to Help Ukrainians and Others Outside the U.S. Who Are in Trouble,” “Huh? Why Should Requesting a Transfer of Underlying Basis with an I-485 Supplement J Restart the 180-Day Portability Clock?,” “Maintenance of H-1B Status After Travelling Back on Advance Parole: Executive Legerdemain under the Cronin Memo.” http://blog.cyrusmehta.com/

Mr. Mehta was an invited speaker at the American Immigration Lawyers Association’s New England Chapter meeting on February 24, 2022, where he spoke on strategies in the face of visa retrogression in employment-based categories, including multiple filings for the same employee in different categories. Magaly R. Cheng was the other invited speaker. She is a partner in Clark Lau LLC.

Mr. Mehta was Program Chair of the Practising Law Institute’s “Basic Immigration Law 2022: Business, Family, Naturalization and Related Areas” on February 3, 2022. The webcast of this program is at https://www.pli.edu/programs/B/basic-immigration-law

Mr. Mehta was Program Chair of the Practising Law Institute’s “Asylum, Special Immigrant Juvenile Status, Crime Victim and Other Immigration Relief 2022” on February 4, 2022. The webcast of this program is at https://www.pli.edu/programs/asylum-special-immigrant-juvenile-status-crime-victim-and-other-immigration-relief

Mr. Mehta was a speaker at the American Immigration Lawyers Association’s Washington Chapter Ethics CLE on February 10, 2022.

Mr. Mehta and Jessica Paszko co-authored a new blog post: “Amin v. Mayorkas: Fifth Circuit Denies EB-1 Extraordinary Ability Petition Even Though Petitioner Met Three Out of Ten Regulatory Criteria.”

David Isaacson, of Cyrus D. Mehta & Partners PLLC, authored a new blog post: “Some Highlights of the EB-5 Reauthorization: CSPA Protection and How 245(k) and Concurrent Filing Combine to Create a New Option for Some Applicants Who Have Recently Dropped Out of Status.”

Greg Siskind, of Siskind Susser PC, was quoted by Time in “Tens of Thousands of Afghans Who Fled the Taliban Are Now Marooned in America’s Broken Immigration Bureaucracy.” The article notes that Afghans left behind after the U.S. evacuation were caught in a Catch-22: to be approved for humanitarian parole, they were told they must go to a U.S. embassy for vetting and biometrics screenings, but the U.S. embassy in Afghanistan suspended operations. Mr. Siskind said that when Afghans fled to nearby countries and reported to a U.S. Embassy there, USCIS’s response was, “if you’re out of the country, you’re not in danger anymore, and therefore you’re not eligible for humanitarian parole. His law firm has taken on pro bono cases for Afghans abroad applying for humanitarian parole. Mr. Siskind received his first denial notice from USCIS recently for an Afghan woman who fled to Pakistan with her three teenage children. The woman is a single mother who fears being a target of the Taliban because she worked with the World Bank, he said. USCIS didn’t explain why the woman was rejected; a line from the USCIS notice said simply that the agency “determined that parole is not warranted. Therefore we have denied your request for parole,” Mr. Siskind said. https://time.com/6141516/afghans-humanitarian-parole/

Siskind Susser, Kuck Baxter, and Joseph & Hall have partnered to file a lawsuit challenging U.S. Citizenship and Immigration Services’ and the U.S. Department of State’s refusal to process EB-5 regional center cases. They are working with the Galati Law Firm on this case. The deadline for plaintiffs to join the case is March 5, 2022. https://www.immpactlitigation.com/eb-5-regional-center-litigation-2022/

Wolfsdorf Rosenthal LLP has published several new blog posts: “My Immigration Story With Partner Vivian Zhu: Courageous Moves,” “WR Immigration Expands Its Global and Southern California Practices, Announces WRapid Global,” “April 2022 Visa Bulletin Update,” Afghanistan: Tips and Resources for HR Professionals, Employees and Others,” “Ukraine: Ways You Can Help,” “Ukraine: News Updates,” “Ukrainian Resource Page,” “Short Video Series: H-1B Process Videos,” “DHS Announces National Interest Exception for ‘Noncitizen Nonimmigrants’ Traveling From Ukraine With a U.S. Citizen or Lawful Permanent Resident,” “March 2022 Visa Bulletin Update,” “2022 Immigration Outlook: Countries Compete for Talent—Will the U.S. Be Left Behind?,” “EB-5 Regional Center Program Update – Another Short-Term Extension Without Regional Center Reauthorization Possible,” “H-1B Cap Webinar: Critical Registration Process Updates and H-1B Cap FAQs From HR Professionals,” “A Video Guide to Navigating H-1B Cap Season,” “State Dept. Announces F/M/J Nonimmigrant Visa Processing Posts Outside of Moscow for Applicants Resident in Russia,” and “Biden Administration Implements New Actions to Increase Opportunities for STEM Students, Professionals, Others.” https://wolfsdorf.com/news/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by the Wall Street Journal in “Muslim U.S. Citizens Questioned About Faith at Border, ACLU Lawsuit Alleges.” The question of whether a person is still fully protected by the First Amendment at the U.S. border has rarely been addressed by courts, he noted: “U.S. citizens have constitutional rights when they enter the United States. But the government also has an interest in protecting the country from terrorists. Courts need to weigh these competing interests.” https://www.wsj.com/articles/muslim-u-s-citizens-questioned-about-faith-at-border-aclu-lawsuit-alleges-11648130400?mod=business_minor_pos4

Mr. Yale-Loehr was quoted by Univision in “Government Issues a New Asylum Rule for Foreigners Subject to Accelerated Deportation.” He said, “The new rule is likely to be challenged in court. The Department of Homeland Security is about to publish a final rule that revises the nation’s asylum procedures. In general, it would allow USCIS asylum officers to initially hear asylum claims instead of people appearing before an immigration judge. The goal is to have a more streamlined asylum system so that people get a decision in months instead of years in our backlogged immigration courts.” However, he noted, “conservative states, like Texas, are likely to challenge the new rule in court for encouraging more asylum claims. So the new rule may not come into effect for some time. But if implemented, it would help alleviate immigration court backlogs and could provide a fairer and faster system for asylum seekers.” https://www.univision.com/noticias/inmigracion/nueva-regla-asilo-deportacion-acelerada [Spanish, with English translation available]

Mr. Yale-Loehr was quoted by the Los Angeles Times in “Hollywood Hotels Scrutinized for Financing Under Visa Program: ‘Not Fair,’ Say Critics.” He noted that the program has sparked controversy because some developers have fraudulently taken the foreign investments and failed to develop the projects and the jobs that were promised. It is also a complicated program that “is somewhat opaque to the average person because they don’t see any direct jobs created,” he added. https://www.latimes.com/business/story/2022-03-14/eb5-hollywood-hotels-unite-here-local-relevant-group-financing-dispute

Mr. Yale-Loehr was quoted by Forbes in “Investor Immigrants Greet Imminent Revival of the EB-5 Program.” The article discusses the March 15, 2022, revival of the EB-5 regional center program under the omnibus bill passed by Congress. The article includes a summary of the bill co-authored by Mr. Yale-Loehr, Kristal Ozmun, and Nick Hinrichsen (Miller Mayer, LLP). https://www.forbes.com/sites/andyjsemotiuk/2022/03/09/investor-immigrants-greet-imminent-revival-of-the-eb-5-program/?sh=7223bbff7436
(see also https://millermayer.com/2022/breaking-congress-reauthorizes-eb-5-regional-center-program-through-2027/)

Mr. Yale-Loehr moderated a free public webinar on March 9, 2022, “After the Fall: The Future of Afghan Allies Fleeing the Taliban.” Speakers included Joel Kelsey, chief of staff to U.S. Senator Richard Blumenthal; Chis Purdy, director of Veterans for American Ideals and Outreach at Human Rights First; Nell Cady-Kruse from the Evacuate Our Allies Coalition; Camille Mackler, executive director of Immigrant ARC; and Katie Rahmlow, a Cornell law student who has worked on several Afghan cases. https://ecornell.cornell.edu/keynotes/overview/K030922a/

Mr. Yale-Loehr was quoted by the Cornell Chronicle in “Experts: Ukraine War Puts World in ‘Uncharted Territory.’ ” Mr. Yale-Loehr served on a panel on March 4, 2022, to discuss the humanitarian crisis just beginning after the Russian invasion of Ukraine. Mr. Yale-Loehr noted that, as high as the numbers are of Ukrainians fleeing their country, we shouldn’t forget other hot spots like Syria and Afghanistan that have contributed to the highest levels of displacement on record, with an estimated 84 million people displaced worldwide by persecution, conflict, violence, and human rights violations. “Our international refugee system is reeling from all these crises and wars. The war in Ukraine is simply the most recent.” Mr. Yale-Loehr advised those wondering how to help to donate to organizations such as the International Rescue Committee or International Refugee Assistance Project and ask members of Congress to spend more on refugee assistance and increase the number of refugees admitted by the United States. “This shows how interconnected we all are,” he said. https://news.cornell.edu/stories/2022/03/experts-ukraine-war-puts-world-uncharted-territory (recording of livestream: https://ecornell.cornell.edu/keynotes/view/K030422/)

Mr. Yale-Loehr was interviewed by Al Jazeera as part of a show about Afghans at risk. Mr. Yale-Loehr’s segment starts at about 19:00 in the show. https://www.youtube.com/watch?v=pvkfo_xjFiQ

Mr. Yale-Loehr was quoted by the New York Times in “Afghans Who Bet on Fast Path to the U.S. Are Facing a Closed Door.” He said, “The refugee resettlement program is overwhelmed and lacks resources because of all the cuts the prior administration made.” https://www.nytimes.com/2022/02/16/us/afghan-refugees-humanitarian-parole.html (available by subscription)

Mr. Yale-Loehr was quoted by Law360 in “83,000 Afghans Made It to the U.S. Now They Need Lawyers.” Mr. Yale-Loehr, who runs an immigration clinic at Cornell University Law School, noted that law school clinics can only take a handful of cases each year. “It’s better than nothing. Clinics can only do so much.” https://www.law360.com/immigration/articles/1462197/83-000-afghans-made-it-to-the-us-now-they-need-lawyers

Mr. Yale-Loehr was quoted by Law360 in “Pandemic Order Speeding Migrant Removals to End in May.” The article notes that opposition to the Biden administration’s ending of the two-year-old “Title 42” policy allowing the quick expulsion of migrants at U.S. land borders for pandemic-related reasons could lead to lawsuits. “If the lawsuits are successful, Title 42 may continue for some time,” Mr. Yale-Loehr said. https://www.law360.com/health/articles/1480088/pandemic-order-speeding-migrant-removals-to-end-in-may (registration required)

Mr. Yale-Loehr moderated a continuing legal education webinar, “Navigating Trauma: Tips for Attorneys and Their Clients,” on Mar. 30, 2022. The presenters, two Cornell medical school professors (JoAnn Difede and Michelle Pelcovitz) discussed how to deal with trauma in sensitive cases like asylum, domestic violence, and those involving violent crimes. They also discussed how to deal with traumatized clients and attorneys’ own vicarious trauma. The webinar was sponsored by the New York State Bar Association. https://nysba.org/events/navigating-trauma-tips-for-attorneys-and-their-clients/

Mr. Yale-Loehr was quoted by the New York Times in “Facing Demand for Labor, U.S. to Provide 35,000 More Seasonal Worker Visas.” He said, “Even with these additional visas, there’s not nearly enough visas for all of the types of workers that employers want to hire on the H-2B program. But in the short term, at least, this is something the administration can do to help immediately.” https://www.nytimes.com/2022/03/31/us/politics/us-seasonal-worker-visas.html

Mr. Yale-Loehr was quoted by Bloomberg Law in “Narrow Immigration Fixes Sought by Employers, Religious Groups.” He cautioned that passing any immigration bill will likely be a long fight, even with commitments to work across the aisle: “Congress will enact immigration reform only through bipartisan efforts. In that regard, the Alliance for a New Immigration Consensus is a good first step. However, I fear that nothing will happen in Congress this year, both because of the midterm elections and the general controversy about immigration in America.” https://news.bloomberglaw.com/daily-labor-report/narrow-immigration-fixes-sought-by-employers-religious-groups

Mr. Yale-Loehr was quoted by the Cornell Chronicle in “Migrations Project Helps Refugees Claim Health Care Rights.” Commenting on refugees in the United States, he said, “Many of them believe—wrongly—that if they take any public benefits they will become deportable or not be able to get a green card. They lack clear and accurate information about what public benefits they are entitled to in the United States.” https://news.cornell.edu/stories/2022/03/migrations-project-helps-refugees-claim-health-care-rights

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In this issue:

1. GLOBAL – In a rapidly developing situation, several countries imposed travel bans quickly in response to the new “Omicron” coronavirus variant. As the pandemic situation remains fluid, travelers should check for the latest requirements before traveling.

2. CANADA – This article discusses recent developments in COVID-19-related border measures.

3. ITALY – The travel ban was lifted for entries from Brazil, India, and Sri Lanka.

4. MEXICO – A new policy shortens the validity of periods of stay for visitors for business or pleasure.

5. RUSSIA – Air travel has resumed between Russia and numerous countries.

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

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

Download:

ABIL Global Immigration Update – December 2021

1. GLOBAL

In a rapidly developing situation, several countries imposed travel bans quickly in response to the new “Omicron” coronavirus variant. As the pandemic situation remains fluid, travelers should check for the latest requirements before traveling.

In response to concerns and unknowns about a new coronavirus variant, called Omicron (B.1.1.529), several countries have imposed travel bans. U.S. President Biden said that most travelers (excluding U.S. citizens and lawful permanent residents) who had been in any of eight countries in southern Africa for the prior 14 days would be barred from entry into the United States. The countries include South Africa, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, and Zimbabwe. Since then, the new variant has spread to at least 38 countries, including the United States, and more are likely, according to the World Health Organization. The Biden administration also announced additional measures, effective December 6, 2021, including a requirement that inbound international passengers take a COVID-19 viral test within a day of their departure, regardless of their vaccination status, and an extension of a mask requirement on domestic flights and public transportation—including buses, trains, planes, bus terminals, and airports—through March 18, 2021. Fines for noncompliance with the mask requirement range from $500 for a first offense to $3,000 for repeat violations.

For the testing requirement, U.S. Centers for Disease Control and Prevention (CDC) rules state that those who recently recovered from COVID-19 may instead travel with documentation of recovery (i.e., a positive COVID-19 viral test result on a sample taken no more than 90 days before the flight’s departure from a foreign country and a letter from a licensed healthcare provider or a public health official stating that the passenger was cleared to travel).

Regarding the one-day requirement for testing, the CDC explained:

The 1-day period is 1 day before the flight’s departure. The Order uses a 1-day time frame instead of 24 hours to provide more flexibility to the air passenger and aircraft operator. By using a 1-day window, test acceptability does not depend on the time of the flight or the time of day that the test sample was taken.

For example, if your flight is at 1 pm on a Friday, you could board with a negative test that was taken any time on the prior Thursday.

Meanwhile, as of November 27, 2021, the U.S. Department of State issued a Level 4 Travel Health Notice for South Africa: “Do not travel to South Africa due to COVID-19.” The Biden administration indicated that more countries could be added to the restricted list if warranted.

As this is a rapidly developing, fluid situation, travelers should check the latest updates before departure.

Details:

• “New U.S. Travel Rules: What You Need to Know About the Changes Prompted by Omicron,” CNN, Dec. 3, 2021, https://www.cnn.com/travel/article/new-us-travel-rules-omicron-what-to-know/index.html
• “U.S. Tightens Travel Testing Requirements, Mask Mandates as Part of Broader Plan to Fight Covid,” CNBC, Dec. 2, 2021, https://www.cnbc.com/2021/12/02/omicron-covid-variant-us-tightens-travel-testing-requirements-mask-mandates.html
• “Requirement for Proof of Negative COVID-19 Test or Documentation of Recovery From COVID-19,” CDC, Dec. 2, 2021, https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-international-air-travelers.html
• “U.S. Imposes Travel Ban From Eight African Countries Over Omicron Variant,” Nov. 27, 2021, https://www.reuters.com/world/us/us-impose-travel-curbs-eight-southern-african-countries-over-new-covid-19-2021-11-26/
• “A Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019,” White House, Nov. 26, 2021,

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2. CANADA

This article discusses recent developments in COVID-19-related border measures.

The government of Canada announced on November 26, 2021, that as a precautionary measure due to concerns about the new “Omicron” variant of concern, until January 31, 2022, Canada is implementing enhanced border measures for certain travelers.

Also, on November 19, 2021, the government of Canada announced upcoming adjustments to Canada’s border measures. In a press release, the government of Canada indicated that it will continue to prioritize the health and safety of Canadians. As vaccination levels, case counts, and hospitalization rates evolve, Canada will continue to consider further targeted measures at the borders—and when to lift or adjust them—to keep Canadians safe. As the pandemic situation remains fluid, travelers should check for the latest requirements before traveling.

According to the November 19 announcement, as of November 30, 2021, fully vaccinated Canadian travelers will no longer be subject to testing requirements for trips outside of the country for less than 72 hours; the list of accepted vaccines will expand to include Sinopharm, Sinovac, and COVAXIN; and vaccination will be required for travel within and out of Canada.

The government of Canada also announced that as of January 15, 2022, certain groups of travelers who are currently exempt from entry requirements will only be allowed to enter the country if they are fully vaccinated with one of the vaccines approved for entry into Canada.

Below is a summary of developments:

What is changing now?

As noted above, due to concerns about the new variant, additional restrictions are being imposed on certain travelers. According to the November 26 press release, until January 31, 2022, Canada is implementing enhanced border measures for all travelers who have been in the Southern Africa region—including South Africa, Eswatini, Lesotho, Botswana, Zimbabwe, Mozambique, and Namibia—within the last 14 days before arriving in Canada. Foreign nationals who have traveled in any of these countries within the previous 14 days will not be permitted entry into Canada. They will be directed to be tested and to quarantine while they await their test results.

Canadian citizens, permanent residents, and people with status under the Indian Act, regardless of their vaccination status or having had a previous history of testing positive for COVID-19, who have been in these countries in the previous 14 days will be subject to enhanced testing, screening, and quarantine measures. These individuals will be required to obtain, within 72 hours of departure, a valid negative COVID-19 molecular test in a third country before continuing their journey to Canada. Upon arrival to Canada, regardless of their vaccination status or having had a previous history of testing positive for COVID-19, they will subject to immediate arrival testing. All travelers will also be required to complete a test on day 8 after arrival and quarantine for 14 days. They must also have a suitable quarantine plan.

Short Trips

Effective November 30, 2021, fully vaccinated individuals with right of entry to Canada who depart and re-enter the country within 72 hours of leaving Canada do not need to present a pre-entry molecular test. This exemption is only for trips originating in Canada taken by fully vaccinated Canadian citizens, permanent residents, or individuals registered under the Indian Act, who depart and re-enter by land or by air and can demonstrate that they have been away from Canada for less than 72 hours. This exemption extends to accompanying children under 12 and individuals with medical contraindications to vaccination.

For fully vaccinated travelers with right of entry into Canada who are traveling by air, the 72-hour period runs from the initially scheduled departure time for their flight leaving Canada to the scheduled departure time for their return flight to Canada. Travelers are responsible for maintaining proof of the 72-hour period to show airline/rail companies and border officials as required (e.g., boarding pass, travel itinerary).

Vaccination Status

Previously, to be considered fully vaccinated, travelers must have received two doses or a combination of the Pfizer, Moderna, or AstraZeneca/COVISHIELD vaccines, or a single dose of the Janssen (Johnson & Johnson) vaccine, at least 14 days before their entry to Canada. As of November 30, 2021, Canada expanded the list of COVID-19 vaccines that travelers can receive to be considered fully vaccinated for the purpose of travel to Canada. The list now includes Sinopharm, Sinovac, and COVAXIN, matching the World Health Organization Emergency Use Listing.

Travelers can receive their vaccines in any country, and must upload their proof of vaccination in English or French into ArriveCAN when traveling to Canada. If the proof of vaccination is not in English or French, travelers must provide a certified translation in English or French.

Travel Within and Out of Canada

Starting November 30, 2021, vaccination is required for travel via air or rail within and out of Canada. A valid COVID-19 molecular test is no longer accepted as an alternative to vaccination unless travelers are eligible for one of the limited exemptions, such as a medical inability to be vaccinated. Travelers should contact their airline or railway company to obtain the necessary form and submit it in accordance with their carrier’s approval process.

While Canadian citizens, permanent residents, and persons registered under the Indian Act can still enter Canada if they are unvaccinated or partially vaccinated, they are not permitted to travel beyond their point of entry within Canada on a connecting flight or by rail. These travelers should plan their return accordingly by selecting a Canadian airport that is closest to their final destination, and expect to be subject to testing and quarantine.

New ArriveCAN Requirements for Essential Travelers

As of November 30, 2021, all exempt essential service providers must identify their vaccination status in ArriveCAN, regardless of whether or not they are allowed to enter as unvaccinated.

If an exempt essential traveler previously created a reusable ArriveCAN receipt, they must either download the latest version of the free ArriveCAN mobile app or sign in to the web version, and re-submit all of their information, including the newly required information on proof of vaccination, to get a new exempt reusable ArriveCAN receipt. Once an exempt traveler creates a new reusable receipt, the receipt can be used for subsequent trips.

What will change on January 15, 2022?

The government of Canada also announced that as of January 15, 2022, certain groups of travelers who are currently exempt from entry requirements will only be allowed to enter the country if they are fully vaccinated with one of the vaccines approved for entry into Canada. These groups include:

• Individuals traveling to reunite with family (unvaccinated children under 18 years of age will retain exemption if traveling to reunite with an immediate or extended family member who is a Canadian, permanent resident, or person registered under the Indian Act);
• International students who are 18 years old and older;
• Professional and amateur athletes;
• Individuals with a valid work permit, including temporary foreign workers (outside of those in agriculture and food processing); and
• Essential service providers, including truck drivers.

After January 15, 2022, unvaccinated or partially vaccinated foreign nationals will only be allowed to enter Canada if they meet the criteria for limited exceptions, which apply to certain groups such as agricultural and food processing workers, marine crew members, those entering on compassionate grounds, new permanent residents, resettling refugees, and some children under the age of 18. Exempt unvaccinated travelers will continue to be subject to testing, quarantine, and other entry requirements. Non-exempt unvaccinated or partially vaccinated foreign nationals will be prohibited entry into Canada.

What requirements are still in place?

For trips out of the country longer than 72 hours, all travelers eligible to enter Canada must complete the mandatory pre-entry molecular COVID-19 test. Antigen tests are not accepted. Travelers who have already had COVID-19 and recovered can provide proof of a positive COVID-19 molecular test taken at least 14 days and no more than 180 days before the initial scheduled departure time of their aircraft, or their entry into Canada by water or land. If arriving by air, they must provide proof of their test result to the airline before boarding their flight to Canada.

As has been the case since August 9, 2021, fully vaccinated travelers do not need to take a test on arrival unless they are randomly selected to complete a day 1 COVID-19 molecular test. All travelers who are randomly selected for the border testing surveillance program must complete the mandatory arrival test. However, they do not have to quarantine while awaiting the result.

Fully vaccinated travelers must also be asymptomatic, have a paper or digital copy of their vaccination documentation in English or French (or certified translation, along with the original), and provide COVID-19-related information electronically through the ArriveCAN app before arrival in Canada. They must still present a suitable quarantine plan, and must be prepared to quarantine in case it is determined at the border that they do not meet all of the conditions required to be exempt from quarantine. As with all other exempt travelers, they must follow public health measures in place, such as wearing a mask when in public, keeping a copy of their vaccine and test results, and keeping a list of close contacts for 14 days after entry to Canada.

Details:

• “Government of Canada Introduces New Measures to Address COVID-19 Omicron Variant of Concern,” Public Health Agency of Canada, Nov. 26, 2021, https://www.canada.ca/en/public-health/news/2021/11/government-of-canada-introduces-new-measures-to-address-covid-19-omicron-variant-of-concern.html
• “Government of Canada Announces Adjustments to Canada’s Border Measures,” news release, Public Health Agency of Canada, Nov. 19, 2021, https://www.canada.ca/en/public-health/news/2021/11/government-of-canada-announces-adjustments-to-canadas-border-measures.html
• ArriveCAN, https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19/arrivecan.html

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3. ITALY

The travel ban was lifted for entries from Brazil, India, and Sri Lanka.

Although it is still not possible to travel from these countries without restrictions (for example, it is not possible to travel for tourism), travel from Brazil, India, and Sri Lanka is now allowed for specific reasons (work, health, study, absolute urgency, or return to one’s domicile, home, or residence).

For additional information on exemptions and rules on entry (required self-isolation, covid test, etc.) please visit the Ministry of Health website at this link.

Details:

• COVID-19, Travellers (additional information on exemptions and rules on entry (required self-isolation, testing, and other details), Ministry of Health,

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4. MEXICO

A new policy shortens the validity of periods of stay for visitors for business or pleasure.

Mexican immigration authorities are applying a new policy: validating the Multi-Purpose Immigration Form (FMM) for less than the usual 180-day period. As a result of the interview at the port of entry and after reviewing the dates of departure of foreigners, officers of the National Immigration Institute are authorizing foreigners’ stays for up to 7 days, 15 days, 30 days, 90 days, or other periods.

Formerly, those entering Mexico as visitors for business purposes or for pleasure were given a permit to stay in Mexican National Territory for up to 6 months; but not anymore; now, the period of stay will be granted according to information provided at the port of entry.

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5. RUSSIA

Air travel has resumed between Russia and numerous countries.

As of October 26, 2021, air travel was resumed with the Bahamas, Iran, the Netherlands, Norway, Oman, Slovenia, Sweden, Thailand, and Tunisia.

For the full list of countries with which air travel has been resumed as of October 26, 2021, see https://vista-immigration.ru/coronavirus-air-communications-resumed-with-new-countries-5/.

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6. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

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

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

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

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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7. ABIL Member / Firm News

Alliance of Business Immigration Lawyers attorneys and their partners listed in the Top 25 Global Migration Attorneys by Uglobal Immigration Magazine include:

Ronald Klasko

Ira Kurzban

Marco Mazzeschi

Bernard Wolfsdorf

Stephen Yale-Loehr

https://www.uglobal.com/en/immigration/posts/top-25-global-migration-attorneys/

The following ABIL members and associates were listed in Best Lawyers 2022:

Allison-Clare Acker, Santa Monica, CA

Fausta Maria Albi, San Diego, CA

James Alexander, Washington, DC

Erik Anderson, Reston, VA

Meredith Barnette, Charlotte, NC

Dustin Baxter, Atlanta, GA

Avalyn Castillo Langemeier, Houston, TX

Danielle Claffey, Atlanta, GA

Diana Vellos Coker, San Diego, CA

Sharon Lynn Cook, Atlanta, GA

Philip Curtis, Boston, MA

Helene Dang, Houston, TX

Dyann DelVecchio, Boston, MA

Leslie Ditrani, Boston, MA

Sandra Dorsthorst, Houston, TX

Philip Eichorn, Houston, TX

Elisa Fialkowski, Philadelphia, PA – 2022 “Lawyer of the Year” in Immigration Law in Philadelphia

Charles Foster, Houston, TX

Avi Friedman, Santa Monica, CA

David Fullmer, Santa Monica, CA

Bryan Funai, Schaumburg, IL

Steven Garfinkel, Charlotte, NC

Jorge Gavilanes, Atlanta, GA

Vic Goel, Reston, VA

Michelle Gergerian, Boston, MA

Aaron Hall, Aurora, CO

Elise A. Healy, Dallas, TX

Brenda Hicks, Houston, TX

William Hummel, Charlotte, NC

David Isaacson, New York, NY

Linda Kim, Fremont, CA

James King, Atlanta, GA

Ronald Klasko, Philadelphia, PA

Charles Kuck, Atlanta, GA

Ira Kurzban, Coral Gables, FL

Vincent Lau, Boston, MA – 2022 “Lawyer of the Year” in Immigration Law in Boston

Marketa Lindt, Chicago, IL

Hannah Little, Charlotte, NC – 2022 “Lawyer of the Year” in Immigration Law in Charlotte

Eric Lockwood, Boston, MA

Robert Loughran, Austin, TX – 2022 “Lawyer of the Year” in Immigration Law in Austin

Florence Luk, Houston, TX

Lorie Lunn, Boston, MA

Dawn Lurie, Washington, DC

Elizabeth Matherne, Atlanta, GA

Cyrus Mehta, New York, NY

John Meyer, Houston, TX

John Nahajzer, Washington, DC

Farshad Owji, San Francisco, CA

Layla Panjwani, Houston, TX

Angelo Paparelli, Los Angeles, CA

José Pérez, Jr., Houston, TX – 2022 “Lawyer of the Year” in Immigration Law in Houston

John Pratt, Coral Gables, FL

Naveen Rahman Bhora, New York, NY

Kimberley Best Robidoux, San Diego, CA

Leon Rodriguez, Washington, DC

Magaly Rojas Cheng, Boston, MA

Cliff Rosenthal, Santa Monica, CA

Nestor Rosin, Houston, TX

Tracy Schauff, Troy, MI

Gregory Siskind, Memphis, TN

Mark Stewart Johnson, Atlanta, GA

William Stock, Philadelphia, PA

Lynn Susser, Memphis, TN

Russell Swapp, Boston, MA

Helena Tetzeli, Coral Gables, FL

Bernard Wolfsdorf, Santa Monica, CA

Stephen Yale-Loehr, Ithaca, NY

Richard Yemm, Santa Monica, CA

Lisa Yu, Santa Monica, CA

Andres Zamberk, Houston, TX

Best Lawyers®: Ones to Watch:

Amanda Brown, Boston, MA

Karuna Chandani Simbeck, Philadelphia, PA

Natalia Gouz, Philadelphia, PA

Kevin Gregg, Coral Gables, FL

Lisa Locke, Reston, VA

Michele Madera, Philadelphia, PA

Miki Matrician, Boston, MA

Maria Mihaylova, Philadelphia, PA

Vi Nguyen Palacios, Houston, TX

Youngwook “Christian” Park, Reston, VA

Alexandra Vickery, Houston, TX

Oliver Yang, Philadelphia, PA

https://www.bestlawyers.com/

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) was quoted by Forbes in “New Increase in H-1B Visa Fees Further Shatters ‘Cheap Labor’ Myth.” She said, “I think employers sponsor H-1B professionals because they have to, not necessarily because they want to. It’s expensive, comes with compliance issues that are not a factor in hiring domestically and is limited to 6 years. At the end of that time and significant investment, there is no guarantee that the employee will ultimately be able to remain in the United States. If not, the employer starts all over again. I have talked to employers who say the worst thing is when you develop a star employee who excels and then their visa is not renewed, or the green card application fails. Then you have to replace them with someone new and it’s such a waste of time, money and human potential.” https://www.forbes.com/sites/stuartanderson/2021/11/01/new-increase-in-h-1b-visa-fees-further-shatters-cheap-labor-myth/?sh=e5d580e5b15d

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) authored “Action Needed in Ga. and Congress on Immigration Relief,” published by the Atlanta Journal-Constitution.

News from Foster LLP:·         Avalyn Langemeier presented “U.S. Immigration: Recap of 2021 and Strategic Planning for 2022,” at the HR Houston November General Meeting on November 18, 2021. She discussed immigration issues in 2021 during the pandemic, including challenges related to travel, remote work, work authorization, government processing delays, and Form I-9 compliance. Based on lessons learned, this session helped the audience identify potential immigration issues affecting their businesses so they can prepare an immigration plan and strategy for 2022. https://www.hrhouston.org/events/EventDetails.aspx?id=1560064&group= ·         Brenda Hicks and Cody Wallace discussed ongoing developments in global immigration laws and procedures on a worldwide scale and the effects they may have on the relocation of employees. The webinar was held on December 1, 2021. https://register.gotowebinar.com/register/916151990262688016 ·         Helene Dang presented “Managing Immigration Status Over the Long Haul Under Pandemic Restrictions” in a webinar with Worldwide ERC on December 2, 2021. She discussed some immigration-related changes and effects of our collective pandemic experience and considerations for employers and employees to manage and maintain legal immigration work status in the long term. https://www.worldwideerc.org/webinar/managing-immigration-status-over-the-long-haul-under-pandemic-restrictions

• Avalyn Langemeier and Liliana Kottwitz presented a webinar, “Thinking Outside the Box: O-1 and P Visas, TPS and DACA,” on November 10, 2021. The webinar provided human resources professionals an overview of the O-1 visa category for individuals of extraordinary ability and P visas for entertainers and athletes. HR professionals also gained insight into Temporary Protected Status and Deferred Action for Childhood Arrivals for eligible individuals.

Mazzeschi SRL has published the November 2021 edition of its magazine. The topic is “Italian Immigration & Citizenship.” https://www.mazzeschi.it/mazzeschi-asiadesk/wp-content/uploads/2021/10/Magazine-Nov-2021_compressed.pdf

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) authored a new blog post, “The Legal Basis Underpinning the New Automatic Extension of Work Authorization for H-4, L-2 and E-2 Spouses, and Why It Must Still Be Challenged.” http://blog.cyrusmehta.com/2021/11/the-legal-basis-underpinning-the-new-automatic-extension-of-work-authorization-for-h-4-l-2-and-e-2-spouses-and-why-it-must-still-be-challenged.html

Mr. Mehta was quoted by India West in “USCIS Reaches Settlement With H-4 Workers, Allowing Automatic Renewal of Employment Authorization for Some.” He tweeted, “USCIS needs to be sued again. H-4s who file EAD renewals concurrently with an I-539 extension may receive only a brief auto-extension, just to the end of their current I-94 date, but most existing EADs end with the current I-94 date.”

Mr. Mehta co-authored a blog post with Kaitlyn Box: “The Facebook Settlement Resolving Claims of Discrimination Against U.S. Workers Only Adds to the Contradictions in the Labor Certification Program.”

Mr. Mehta co-authored a blog post with Jessica Paszko: “Florida Detox Centers Provides Further Guidance on Rejecting U.S. Workers on Resume Review.”

Mr. Mehta was quoted by Forbes in “House Bill Keeps Immigration Measures for High-Skilled Immigrants.” He said, “The provisions in the House bill would allow employees in the backlog to file for adjustment of status without regard to whether a priority date is available. From an employer’s perspective, they may not need to rely on the uncertainty of the H-1B visa lottery as much as they do now. An F-1 on Optional Practical Training (OPT) can be sponsored for permanent residence through labor certification during the F-1 OPT period, although one eligible for F-1 STEM OPT will have more time for the labor certification to get processed and approved. Once the labor certification is approved, the employee will be eligible to file an I-485 adjustment of status application concurrently with the I-140 petition and obtain employment authorization during its pendency,” which would allow an employee to remain in the United States and be eligible for continued employment with the employer. “Employers may help an employee with an approved petition by paying the $5,000 on their behalf so that he or she can get permanent residence more quickly. An employer that facilitates permanent residence will be more attractive to noncitizen employees. An individual can pay the $5,000, both under current law and the bill.” https://www.forbes.com/sites/stuartanderson/2021/11/01/house-bill-keeps-immigration-measures-for-high-skilled-immigrants/?sh=1ecae8f2168e

Mr. Mehta delivered the Professor K. D. Irani Memorial Lecture 2021 at the Zoroastrian Association of Greater New York on October 30, 2021. The topic of the lecture was “Legal Ethics in Contemporary Times.” Further details are at https://zagny.org/2021-professor-k-d-irani-memorial-lecture/Mr. Mehta and Ms. Box authored an article, “CSPA Triumphs in Cuthill v. Blinken: Child of Parent Who Naturalizes Should Not Be Penalized,” published in 26 Bender’s Immigration Bulletin 1665 (October 15, 2021).Wolfsdorf Rosenthal LLP has published several new blog posts: “What Doees the December 2021 Visa Bulletin Mean for New ‘Direct’ EB-5 Investors?”; “Immigration Update”; “Good News: USCIS Announces Plans to Ease Work Authorization Process for Certain E, L, and H-4 Spouses”; “White Paper: Making Travel Plans? Here’s the Short-Term Outlook”; “Success Story: EB-1A Approved in Just a Few Days!”; and “Direct EB-5 Due Diligence: Buyer Beware (and Immigration Attorneys Be Cautious). https://wolfsdorf.com/news/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) authored a new blog post, “Breaking Down the Build Back Better Act,” published by Global Detroit. https://globaldetroitmi.org/prof-stephen-yale-loehr-breaking-down-the-build-back-better-act/

Mr. Yale-Loehr was interviewed on National Public Radio’s The World about the immigration provisions in the social spending bill. The interview is at https://theworld.org/media/2021-11-11/latest-immigration-plan-congress-falling-short

Mr. Yale-Loehr was quoted by Univision in “Temporary Residence and Travel Permits: Immigration Measures Approved in Biden’s Social Plan in the House.” He said that “[t]he 2,135-page budget bill includes a number of important immigration provisions, including up to 10 years of work authorization and protection against deportation for undocumented people living in the United States The bill would also give the Department of Homeland Security $2.8 billion to help process immigration applications and reduce backlogs in case processing … and would recover employment-based and family-sponsored green cards that have not been used and that otherwise would expire at the end of each year. If enacted as is, the House bill would not offer a path to legalization for the roughly 10 million noncitizens who lack immigration status. However, the immigration provisions of the House bill would still constitute the most significant immigration changes in decades and would provide a beginning to fix our broken immigration system.” https://www.univision.com/noticias/inmigracion/residencia-temporal-permisos-de-viaje-claves-plan-migratorio-aprobado-camara-representantes-presupuesto (Spanish, with English translation available)

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In this issue:

1. CANADA – This article updates border measures for travelers entering Canada.

2. ITALY – Travelers from Canada, Japan, the United States, and list D countries no longer need a specific reason for entering Italy but must still meet requirements related to COVID-19 status.

3. RUSSIA – This article reports on developments in air travel to Russia, Covid-19 pandemic-related protocols, and new fingerprinting requirements.

4. UNITED KINGDOM – This article discusses coronavirus restrictions for travelers to England, and right-to-work checks.

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

6. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – August 2021

1. HEADLINE

This article updates border measures for travelers entering Canada.

On July 19, 2021, the government of Canada announced the details of the next phase of its approach to easing border measures for travelers entering Canada. As a result of increased vaccination rates, declining COVID-19 cases, and reduced pressure on health care capacity in Canada, the government plans to bring a number of changes into effect.

Beginning August 9, 2021, fully vaccinated U.S. citizens and permanent residents, currently residing in the United States, are permitted to enter Canada for discretionary (non-essential) travel. On September 7, 2021, provided that the domestic epidemiologic situation remains favorable, the government will open Canada’s borders to all fully vaccinated travelers.

As of July 5, 2021, fully vaccinated travelers who are permitted to enter Canada are not subject to the federal requirement to quarantine or to take a Covid-19 test on Day 8. In addition, fully vaccinated travelers arriving by air will not be required to stay at a government-authorized hotel. Pre-and on-arrival Covid-19 testing requirements for travelers arriving by air or land to Canada continue to apply.

Below are questions and answers on selected highlights of these developments:

What changed as of August 9, 2021?

Entry to Canada

As noted above, fully vaccinated U.S. citizens and permanent residents, currently residing in the United States, can travel to Canada for discretionary (non-essential) purposes. Additionally, unvaccinated children under 12 years of age, or unvaccinated dependent children (due to a mental or physical condition), who are U.S. citizens or permanent residents currently residing in the United States may also enter Canada. To be allowed entry, such children must be accompanying a fully vaccinated parent, step-parent, guardian, or tutor who is permitted to enter Canada.

To be considered fully vaccinated, travelers must have received two doses or a combination of the Pfizer, Moderna, or AstraZeneca/COVISHIELD vaccines or a single dose of the Janssen (Johnson & Johnson) vaccine, at least 14 days prior to their entry to Canada.

Also, Transport Canada expanded the scope of the Notice to Airmen that directed scheduled international commercial passenger flights into the four major Canadian airports. Effective August 9, 2021, international flights carrying passengers are permitted to land at the following five additional Canadian airports: Halifax Stanfield International Airport; Québec City Jean Lesage International Airport; Ottawa Macdonald-Cartier International Airport; Winnipeg James Armstrong Richardson Internal Airport; and Edmonton International Airport.

Testing and Temperature Screening Requirements

The government of Canada began a new border testing surveillance program at airports and land border crossings. Beginning August 9, 2021, fully vaccinated travelers do not need a post-arrival test unless they have been randomly selected to complete a Day 1 COVID-19 molecular test. Transport Canada will also remove the requirement for the Canadian Air Transport Security Authority to perform pre-board temperature screening of passengers and airport workers on all domestic flights and international departures.

In a positive development for Canadians, Canadian citizens and permanent residents traveling to the United States for less than 72 hours are now permitted to do their pre-entry test in Canada. Therefore, such individuals are no longer required to receive a second COVID-19 molecular test result in the United States prior to returning to Canada.

Quarantine Requirements

As of August 9, 2021, the three-night government-authorized hotel stay requirement for all travelers arriving by air is eliminated. Additionally, unvaccinated children under 12 years of age and dependent children (due to a mental or physical condition) of fully vaccinated travelers no longer need to complete a 14-day quarantine but must follow strict public health measures. This means they can move around with their parents, but must avoid group settings—such as camps, daycares, or schools—during the first 14 days after their arrival. Unvaccinated children will remain subject to the Day 1 and Day 8 testing requirements.

Provinces and territories may have more stringent rules regarding people who have recently returned from travel.

What will change on September 7, 2021?

The government of Canada plans to open Canada’s borders to all fully vaccinated travelers as of September 7, 2021. This plan is contingent on the domestic epidemiologic situation remaining favorable in Canada. The preliminary step of permitting U.S. travelers’ entry into Canada for discretionary (non-essential) purposes will allow the government to fully operationalize the adjusted border measures ahead of September 7, 2021.

What requirements are still in place?

For travelers who are not fully vaccinated, there are no changes to Canada’s current mandatory testing requirements, and such travelers will still be required to complete a mandatory 14-day quarantine requirement, subject to limited exceptions. However, as mentioned above, the three-night government-authorized hotel stay requirement for all travelers arriving by air will be eliminated.

Fully vaccinated travelers must also be asymptomatic, have a paper or digital copy of their vaccination documentation in English or French (or certified translation, along with the original), and provide COVID-19-related information electronically through the ArriveCAN app prior to arrival in Canada. They must still present a suitable quarantine plan and be prepared to quarantine if it is determined at the border that they do not meet all of the conditions required to be exempt from quarantine. As with all other exempt travelers, they will be required to follow public health measures in place, such as wearing a mask when in public and keeping a copy of their vaccine and test results available, as well as a list of close contacts for 14 days after entry to Canada.

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2. ITALY

Travelers from Canada, Japan, the United States, and list D countries no longer need a specific reason for entering Italy, but they must still meet requirements related to COVID-19 status.

Since May 2021, travelers from Canada, Japan, and the United States are no longer required to have a specific reason for entering Italy. This also applies to travelers from other list D countries (Australia, New Zealand, Rwanda, Republic of Korea, Singapore, Thailand). These travelers must fill in a digital Passenger Locator Form, inform the Prevention Department of the local health authority when they enter Italy, present a negative molecular or antigen swab test taken within the last 72 hours before entering Italy, and quarantine for 10 days. After the period of self-isolation, another molecular or antigenic test must be taken. Travelers can avoid the obligation of presenting the swab test and self-isolating if they have a Covid Certificate (also known as Green Pass or Covid-19 Green Certificate) issued by the local health authorities in Canada, Japan, or the United States.

For more information, the full set of rules, and exemptions, see .

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3. RUSSIA

This article reports on developments in air travel to Russia, Covid-19 pandemic-related protocols, and new fingerprinting requirements.

Air Travel Resumes Between Russia and Some Countries

As of July 28, 2021, according to information on the official government portal, air travel resumed with Albania, France, and the Czech Republic. Air travel resumed on July 19, 2021, with Tanzania.

Air travel is also open between Russia and following countries (subject to change):

• UK
• Turkey
• Switzerland
• Egypt
• Maldives
• United Arab Emirates
• Republic of South Ossetia
• Belarus
• Kazakhstan
• Kyrgyzstan
• Republic Of Korea
• Abkhazia
• Cuba
• Serbia
• Japan
• Seychelles
• Ethiopia
• Finland
• Vietnam
• India
• Qatar
• Greece
• Singapore
• Azerbaijan
• Armenia
• Germany
• Venezuela
• Syria
• Tajikistan
• Uzbekistan
• Sri Lanka
• Iceland
• Malta
• Mexico
• Portugal
• Saudi Arabia
• Austria
• Hungary
• Lebanon
• Luxembourg
• Mauritius
• Morocco
• Croatia
• Belgium
• Bulgaria
• Jordan
• Ireland
• Italy
• Cyprus
• China
• Liechtenstein
• North Macedonia
• USA

PCR Testing

As of July 25, 2021, foreign citizens and stateless persons, as well as citizens of the Republic of Belarus entering the Russian Federation from the territories of the member states of the Eurasian Economic Union, must submit negative PCR tests only using the application “Traveling without COVID-19.”

Member states of the Eurasian Economic Union include:

• Republic of Armenia
• Republic of Belarus
• Republic of Kazakhstan
• Kyrgyz Republic
• Russian Federation

Starting September 1, 2021, foreign citizens and stateless persons, citizens of the Republic of Belarus entering the Russian Federation from the territories of the member states of the Eurasian Economic Union, and Azerbaijan, Moldova, Tajikistan, Turkmenistan and Uzbekistan, will have to submit negative PCR tests only using the “Traveling without COVID-19” application.

Exception: Persons entering the Russian Federation in transit through the territories of the above-mentioned countries. However, such persons also must obtain a certificate with the results of a negative PCR test not earlier than 3 calendar days before arrival in the territory of the Russian Federation, and present tickets and/or boarding passes.

Examples: A U.S. citizen who follows the route Almaty to Moscow must present a PCR test in the application. A U.S. citizen who follows the route New York to Almaty to Moscow must present a paper result of the PCR test and boarding passes.

Travelers must fill out a questionnaire on the website of state and municipal services, https://www.gosuslugi.ru/394604/1. Those who are unable to fill out the questionnaire digitally may submit the paper version.

New Fingerprinting Requirements

There are new fingerprinting requirements for highly qualified specialists, with exceptions for citizens of Belarus, children under 6 years of age, and foreign officials of international organizations and their family members.

Foreign citizens who enter the Russian Federation for the purpose of performing labor activities are now subject to mandatory state fingerprint registration and photographing within 30 calendar days from the date of entry or when applying for a patent or collecting a work permit. Also, within 30 calendar days from the date of entry, such foreign citizens must undergo medical examination.

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4. UNITED KINGDOM

This article discusses coronavirus restrictions for travelers to England, and right-to-work checks.

Coronavirus Restrictions

Travelers to England from amber and red list countries must self-isolate on arrival for 10 days.

Where the criteria are met, senior executives (board directors or equivalent) arriving in England from an amber list country can be temporarily exempt from the self-isolation requirements where they are carrying out activities of significant economic benefit to the UK. They must still self-isolate when they are not carrying out those duties. If the activities can be done remotely or by someone else, the exemption cannot be used.

A new process has started in which before traveling to England, senior executives complete a form and email it for consideration. A response should be received within five working days on whether the exemption criteria have been met. The written approval should be shown to Border Force officers on arrival in the United Kingdom (UK).

The exemption (more detail on the criteria and definitions is in the relevant regulations) covers two types of senior executives:

• Multinational executives—executives based outside the UK who are part of multinational businesses and are visiting their UK-based subsidiary or branch. The executive should have a reasonable belief that the intended activities will lead to the creation or continuation of employment for 500 employees or more in the UK branch or subsidiary; and
• International executives—executives of companies based outside the UK who will bring significant economic benefit to the UK because the work will more likely than not lead to either:

• An investment in a UK-based undertaking creating or continuing the employment of 500 employees or more in that UK-based undertaking, or
• The establishment of a new business in the UK that will, within 24 months, create employment for 500 employees or more in that new business.

The guidance on the new process includes examples of what is exempt activity. For example, attending a routine board meeting would not qualify unless the meeting will involve making a decision on whether to invest in the UK.

For more information, see Kingsley Napley’s coronavirus FAQs for UK visa holders and businesses at https://www.kingsleynapley.co.uk/services/department/immigration/coronavirus-covid-19-uk-immigration-faqs

Right-to-Work Checks

The key changes for right-to-work checks on European Union (EU) citizens as of July 1, 2021, include:

• Pre-employment and follow-up checks. A new code of practice applies to all right-to-work checks on or after July 1, 2021. This includes pre-employment checks and follow-up checks.
• Documents to be checked. Where employers are checking the right to work of EU citizens, in the vast majority of cases they will be checking online the employee’s digital immigration status under the EU Settlement Scheme or new immigration system. However, the following changes have also been made to the list of compliant documents that can sometimes be used for right-to-work checks on EU citizens:

• List A (where there is no expiration date on the employee’s permission). As expected given the changes, EU passports no longer feature on this list. The exception is where the employee has an Irish passport, because Irish nationals do not require prior permission to work in the UK.
• List B Group 1 (where there is an expiration date on the employee’s permission). A frontier worker permit is acceptable. For more information on frontier worker permits, see .
• List B Group 2 (where there is an expiration date on the employee’s permission and the statutory excuse only lasts for 6 months). Where an employee has an application pending with the Home Office and a right-to-work check is required, sometimes the employer checking service must be used. There is an update to List B Group 2; where an employee has a pending EU Settlement Scheme application submitted on or before June 30, 2021, the employer can rely on its certificate of application together with a Positive Verification Notice from the employer checking service.

For more information on pre-employment and follow-up online, physical document (manual), and employer checking service right-to-work checks, please see FAQs on right to work checks: what employers need to know.

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5. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

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

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

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

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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6. ABIL Member / Firm News

Below is a list of ABIL members and affiliated attorneys on American Immigration Lawyers Association (AILA) National Committees for the 2021-2022 term:

USCIS Liaison Committee: Marketa Lindt

DOL Liaison Committee: Vincent Lau (chair), Bob White (vice chair), Loan Huynh, Meredith Jolie, Christian Park, Lynn Susser

DOS Committee: Magaly Cheng

ICE/EOIR Liaison Committee: Aaron Hall (vice chair)

Business Section Steering Committee: Vic Goel

Ethics Committee: Miki Matrician, Cyrus Mehta

EB-5 Committee: Joe Barnett, John Pratt, Bernard Wolfsdorf

H-1B Task Force: Dagmar Butte, Vic Goel

High Impact Litigation Committee: Ronald Klasko (chair), Charles Kuck, Marketa Lindt, Stephen Yale-Loehr

National Amicus Committee: David Isaacson

Verification Committee: Dawn Lurie

Technology and Innovation Committee: William Stock (chair), Hannah Little, Julie Pearl

Distance Learning Committee: Vic Goel, Vince Lau

Client Resources Committee: Elissa Taub

Lawyer Well-Being Committee: Jennifer Howard

Media Advocacy Committee: Adam Cohen

Executive Committee: Jeff Joseph (treasurer)

Membership Committee: Ari Sauer

Investments Committee: William Stock (chair)

2022 Annual Conference Committee, Special Sessions and Events Track Member: Michele Madera

Mid-Year Conference Committee: Dagmar Butte

Several Alliance of Business Immigration Lawyers members and lawyers in their firms presented at the American Immigration Lawyers Association’s Annual Conference in June 2021:

“You’re FOIAed!”: The Immigration Attorney’s Secret Weapon

Dagmar Butte

Litigating Your First Federal Court Case: You Can Do It!

Ira Kurzban

Removal & Litigation: Who Wants to Be a Millionaire Immigration Attorney?

Ira Kurzban

Employment-Based Adjustment of Status Today

Cyrus Mehta

Bernard Wolfsdorf

Up Your Game: New Marketing Techniques for 2021

Gregory Siskind

Compendium Live: Understanding the Ethics Rule on Lawyer Trust Accounts

Miki Matrician

Asylum 101: Protecting Refugees in the United States

Stephen Yale-Loehr

Asylum: The Current State of Particular Social Groups

Lily Axelrod

Labor Certification 101

Matthew Morse

Litigation: More Critical Now Than Ever Before for Business Immigration Practitioners

Ronald Klasko

Charles Kuck

PERM Labor Certification: Still Alive and Doing Reasonably Well!

Marketa Lindt

U.S. Immigration and Customs Enforcement (ICE) Open Forum

Aaron Hall

U.S. Department of Labor (DOL) Open Forum

Vincent Lau

Lengthy Absences and the Struggle of Maintaining Residence

Avi Friedman

INA § 237(a)(1)(H) Works Like Magic: Fraud Waivers

David Isaacson

Oh, Where Are the Good Old Times? Trying to Be an L-1 Intracompany Transferee

Elise Fialkowski

H-2 Practice: What Are We So Afraid Of?

Loan Huynh

Show Me the Money: Financial Best Practices

Kirby Joseph

Several Alliance of Business Immigration Lawyers Global members presented at the 2021 AILA/Global Migration Section Annual Global Immigration Virtual Forum:

COVID-19: It Ain’t Over ’til it’s Over

Nicolas Rollason

The Post-Brexit Era: Where Are We Now?

Gunther Mävers

Legal Ethics in a COVID/Post-COVID World

Maria Celebi

Adapting to the New World: Top Tips for Practice Management & Technology

Gregory Siskind

What is the Future of Global Immigration in the Post-COVID-19 World?

Ariel Orrego-Villacorta

Philip Yip

Oxana Bowman was named partner at Foster LLP. Ms. Bowman is an experienced employment-based immigration attorney. She is a graduate of the University of Houston Law Center (UHLC) and has a master’s degree from North Caucasus Federal University in Russia. She worked as a research assistant for the UHLC and mentors university students at the UHLC Upper Management Mentoring and Part-Time Partners Program. https://www.fosterglobal.com/blog/oxana-bowman-named-partner-at-foster-llp/

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) was quoted by Forbes in “Lawsuit Aims to Overturn Costly H-1B Visa Policy.” Commenting on the impact of a USCIS policy that requires employers to file amended H-1B petitions when employees work in a new geographic area, Ms. Butte said, “The impact was substantial both in terms of costs and the ability to carry on business, especially if you wanted to be scrupulous about complying. When one of my clients loses a contract, or a project ends, they have to scramble to find a place for their workers, but they have to do it fast and pay filing and legal fees. Due to inconsistent adjudications and fear of accruing unlawful presence, that usually includes paying premium processing fees. Since the jobs themselves are typically the same—a physical therapist will not suddenly work as a nurse—there is little utility in the USCIS requirement other than to allow FDNS [Fraud Detection and National Security Directorate] to be able to locate the worker for a site visit. That could be accomplished much more easily by just adapting the AR-11 [Alien Change of Address form] for this purpose. Absent Simeio, there is still a posting requirement, and all other U.S. worker protections mandated by the Department of Labor remain in place, including the need for a new LCA [Labor Condition Application] if the new placement is outside the prior MSA [Metropolitan Statistical Area].

Klasko Immigration Law Partners, LLP, has released a new podcast episode, “EB-1 Visa in Pop Culture: Beth Harmon from the Queen’s Gambit.” In the podcast, part of Klasko’s series “Statutes of Liberty,” the Klasko EB-1 team discusses the criteria that might qualify the fictional main character from Netflix’s hit miniseries, The Queen’s Gambit, for an extraordinary ability green card.

Klasko Immigration Law Partners, LLP, has published a new blog entry: “Moving the Goalposts: Name, Image, and Likeness Compensation for Foreign Student Athletes.” https://www.klaskolaw.com/news-politics/foreign-student-athletes-name-image-and-likeness-compensation/

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) was quoted by the Economic Times of India in “Policy Change to Benefit Children of H-1B Visa Holders in the U.S.” The article quoted Mr. Mehta’s tweet, “USCIS does away with burdensome ‘gap’ status applications when one changes to F-1. This will provide some relief to children of backlogged skilled immigrants who age out, although the optimum solution is to get rid of per country limits and add more visas.” https://economictimes.indiatimes.com/nri/migrate/policy-change-to-benefit-children-of-h-1b-visa-holders-in-the-us/articleshow/84607555.cms?from=mdr (article); https://twitter.com/cyrusmehta/status/1417628691241349121 (Twitter)

Mr. Mehta was quoted by the Economic Times of India in “Policy Change to Benefit Children of H-1B Visa Holders in the U.S.” The article quoted Mr. Mehta’s tweet, “USCIS does away with burdensome ‘gap’ status applications when one changes to F-1. This will provide some relief to children of backlogged skilled immigrants who age out, although the optimum solution is to get rid of per country limits and add more visas.” https://economictimes.indiatimes.com/nri/migrate/policy-change-to-benefit-children-of-h-1b-visa-holders-in-the-us/articleshow/84607555.cms?from=mdr (article); https://twitter.com/cyrusmehta/status/1417628691241349121 (Twitter)

Mr. Mehta co-authored a blog post with Isabel Rajabzadeh: “No Longer in Use: How Changes in SOC Systems Affect Employment-Based Immigration.” http://blog.cyrusmehta.com/2021/07/no-longer-in-use-how-changes-in-soc-systems-affect-employment-based-immigration.html

Mr. Mehta was quoted by the Times of India in “U.S. Court Quashes Plea to Exclude Family Members From EB-5 Annual Visa Quota.” He said that a provision in the Immigration and Nationality Act “could be interpreted to not count family members. Although the case involved plaintiffs who limited their argument to the EB-5 cap for investor green cards, this case will cast a pall on additional lawsuits by plaintiffs making the same argument under other employment or family visa categories.”

Mr. Mehta and Kaitlyn Box co-authored several blog posts: “Wang v. Blinken Nixes Any Hope for Excluding the Counting of Family Members in the Green Card Caps.” ; “Requesting Premium Processing on a Downgraded I-140 Petition,” http://blog.cyrusmehta.com/2021/07/requesting-premium-processing-on-a-downgraded-i-140-petition.html; and “Sanchez v. Mayorkas: Although TPS Is Not An Admission, Justice Kagan’s Opinion Leaves Open Avenues For TPS Recipients To Adjust Status As Nonimmigrants,”

Mr. Mehta and William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US) were quoted by Forbes in “Trump’s H-1B Visa Wage Rule Is Dead: What’s Next?” Highlights include:

• Mehta said, “If the Biden administration wants to develop a fair way to determine prevailing wages, the prevailing wage ought not to be based on surveys factoring wages paid by all employers in the industry. For instance, nonprofits find it very difficult to hire foreign national lawyers on H-1B visas or sponsor them for green cards as they have to rely on wage surveys that include what the largest law firms also pay entry-level lawyers, which can cross $200,000. The government should also not assume that all lawyers wish to only work for firms that pay the highest wages. Some lawyers desire to work for nonprofits or smaller firms as lifestyle choices or because they find the work truly challenging or are altruistic. Similarly, startups are also affected by formalistic prevailing wage surveys.”
• Stock said, “The Standard Occupational Classification’s ‘Classification Principles and Coding Guidelines’ states that first-level supervisors of professionals such as engineers, physicians and accountants are classified within those occupations, and not within the managerial occupations (such as Computer and Information Systems Managers). [The Department of Labor] should incorporate this classification principle into its wage methodology to avoid setting artificially high wages for first-level supervisors of workers in those professional occupations.”

The article is at https://www.forbes.com/sites/stuartanderson/2021/07/01/trumps-h-1b-visa-wage-rule-is-dead-whats-next/?sh=f9382384a218

Mr. Mehta authored a new blog post: “Reflections on Giuliani’s Suspension of His New York Bar License.” http://blog.cyrusmehta.com/2021/06/reflections-on-giulianis-suspension-of-his-new-york-bar-license.html

Mr. Mehta posted a new video blog, “Reflections on the Life and Impact of the Late Judge Robert Katzmann.” In the video, Mr. Mehta explains how Judge Katzmann was the impetus for projects to help immigrants receive legal representation that affected so many families and individuals, and shares a little about why this work needs to continue in memory and honor of the late jurist, https://thinkimmigration.org/blog/2021/06/16/reflections-on-the-life-and-impact-of-the-late-judge-robert-katzmann/. Mr. Mehta also co-wrote “In Memoriam: Judge Robert A. Katzmann’s Lasting Legacy for Immigrants in Need of Representation.” .

Sophia Genovese, formerly of Cyrus D. Mehta and Partners, PLLC, has authored a new blog post: “The Fight for Immigration Justice Is Not Over: SCOTUS Rules Mandatory Detention of Certain Immigrants Seeking Safety in the United States.” Cyrus D. Mehta and Partners, PLLC, has published a new blog post by guest author Stacy Caplow: “The Sinking Immigration Court: Change Course, Save the Ship.” http://blog.cyrusmehta.com/2021/08/the-sinking-immigration-court-change-course-save-the-ship.html#_edn2 David Isaacson, of Cyrus D. Mehta and Partners, PLLC, authored a new blog post: ” ‘The Process By Which Removability Will Be Determined’: How the Recent District Court Decision Ordering the Reinstatement of MPP Contradicts Itself.” http://blog.cyrusmehta.com/2021/08/the-process-by-which-removability-will-be-determined-how-the-recent-district-court-decision-ordering-the-reinstatement-of-mpp-contradicts-itself.html

Ari Sauer and Greg Siskind, of Siskind Susser PC, authored the American Immigration Lawyers Association’s Immigration Law Practice & Procedure Manual: A “Cookbook” of Essential Practice Materials, published as a two-volume set. The book provides how-to guidance on preparing and filing common immigration applications and petitions. Each chapter contains the resources attorneys need to prepare a specific type of immigration case. https://agora.aila.org/Product/Detail/4814?sel=description

Wolfsdorf Rosenthal LLP has published several new blog posts: : “The Life Sciences Talent Squeeze and Foreign-Born Workers,” https://wolfsdorf.com/the-life-sciences-talent-squeeze-and-foreign-born-workers/; “President Biden Grants Deferred Enforced Departure for Certain Hong Kong Residents,” https://wolfsdorf.com/president-biden-grants-deferred-enforced-departure-for-certain-hong-kong-residents/; “A ‘Giant Sucking Sound’: Why Are We Losing Top Talent?,” https://wolfsdorf.com/a-giant-sucking-sound-why-are-we-losing-top-talent/Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by Voice of America in “Complex U.S. Refugee Policies Likely to Limit Number of Afghan Admissions.” He said the Biden administration could use humanitarian parole, an existing refugee process, to allow Afghan refugees into the United States. “Humanitarian parole is used to bring someone who is not otherwise eligible to enter the country, or who does not have a visa, into the United States temporarily because of an emergency or urgent humanitarian reason,” he said. https://www.voanews.com/us-afghanistan-troop-withdrawal/complex-us-refugee-policies-likely-limit-number-afghan-admissions Mr. Yale-Loehr was quoted by the Ritz Herald in “Afghan Refugees at Risk: Steps the White House Can Take to Help.” He suggested a variety of actions the Biden administration could take to help Afghan refugees. “The situation in Afghanistan requires a coordinated effort. We have done that before. For example, we evacuated more than 100,000 Vietnamese to Guam before and after the fall of Saigon in 1975. After an uprising in Hungary in 1956, we admitted approximately 38,000 refugees from that country. It is our moral duty to do it again for Afghans at risk,” he said. https://ritzherald.com/afghan-refugees-at-risk-steps-the-white-house-can-take-to-help/ Mr. Yale-Loehr co-authored an op-ed published in The Hill, “Vaccine Xenophobia Against Immigrants and Refugees Must End.” The op-ed suggests, among other things, that “[b]uilding immigrant-citizen collaborations in high-income countries to advocate for the rights of those who have no voice or are fearful of repercussions is one way to improve vaccine equity, especially among forcibly displaced populations. This can be in the form of working with nongovernmental organizations, voicing concerns to Congress about sharing superfluous vaccines with other countries, eliminating unnecessary visa exclusions, investing in humanitarian border operations, and engaging in community outreach programs to empower displaced individuals by compiling reliable and accessible resources about their eligibility for healthcare benefits, including vaccines.” https://thehill.com/opinion/immigration/564663-vaccine-xenophobia-against-immigrants-and-refugees-must-end Mr. Yale-Loehr was quoted in several media outlets regarding the United States offering temporary safe haven to Hong Kong residents. An article in the South China Morning Post notes that in 1989, President George Bush granted Chinese students temporary safe haven after Beijing’s bloody crackdown on pro-democracy demonstrators, and Congress followed up by passing a law in 1992 to allow Chinese students in the United States at the time of the Tiananmen Square violence to apply for permanent residence. “If the human rights situation in Hong Kong worsens, Congress may need to do that here as well,” Mr. Yale-Loehr said:·         “U.S. Offers Temporary ‘Safe Haven’ for Hongkongers in Response to Crackdown on Opposition,” South China Morning Post, https://www.scmp.com/news/china/article/3144003/us-offer-safe-haven-hongkongers-following-crackdown-opposition-and; ·         “Biden grants deportation amnesty to Hong Kong residents to protect them from Chinese crackdown,” Washington Times, https://www.washingtontimes.com/news/2021/aug/5/joe-biden-grants-deportation-amnesty-hong-kong-res/ Mr. Yale-Loehr was quoted by Univision in “Judge Blocks Order That Allowed Cops to Stop Vehicles Transporting Immigrants in Texas.” The federal government will surely challenge Governor Abbott’s immigration plans as illegal. Arizona tried something similar about 10 years ago, but the Supreme Court struck down key parts of SB 1070 as violating federal immigration law,” he said. https://www.univision.com/noticias/inmigracion/juez-bloquea-orden-que-permitio-detener-vehiculos-que-transporten-indocumentados-texas (Spanish, with English translation offered)Mr. Yale-Loehr was quoted by Law360 in “DHS Defense of Trump Rules May Invite Further Litigation.” He said, “We saw an explosion of efforts by the prior administration to change immigration law through regulatory proposals, and this administration has withdrawn some of them and brought back more normal regulatory proposals.” Mr. Yale-Loehr also noted, however, that the Biden administration “seems intent on continuing the Trump administration’s effort to revise the H-1B program in terms of how they select individuals, going away from a lottery system to a salary-based system. That’s going to be controversial and will probably generate litigation if that kind of rule is finalized.” https://www.law360.com/articles/1407896/dhs-defense-of-trump-rules-may-invite-further-litigation (registration required)Mr. Yale-Loehr was quoted by the Ritz Herald in “CDC Immigration Order Lifted for Children, Should Expand for Adults.” He said the Centers for Disease Control and Prevention (CDC) order is a good first step, but more needs to be done. “The Title 42 order has been heavily criticized, and properly so. Immigrant advocates claim that the public health order has put migrants in harm’s way by forcing them to remain in Mexico. For example, on June 30, over 100 groups urged the Biden administration to fully rescind Title 42 expulsions. Unaccompanied noncitizen children had been temporarily exempted from the Title 42 order. Today’s announcement makes that exemption official, based on the CDC’s assessment that it can properly assess the risk of COVID-19 transmission among children and provide vaccinations to children ages 12 and over. The CDC should go further by rescinding its Title 42 order for everyone. There is no valid public health rationale for expelling people fleeing persecution, when millions of other people enter the United States on visas every year.” https://ritzherald.com/cdc-immigration-order-lifted-for-children-should-expand-for-adults/

Mr. Yale-Loehr was quoted by the Associated Press in “Key Part of U.S. Residency Program for Investors Set to Expire,” which appeared in many outlets. He said that the EB-5 regional center program provides valuable benefits to the United States: “Given our efforts to jumpstart the economy after the pandemic, it is particularly unfortunate that the Senate failed to extend the program.” https://apnews.com/article/lindsey-graham-real-estate-bills-lifestyle-travel-c7ba67f7b5fdd1f541ee472d396296c2

Mr. Yale-Loehr was quoted by the Real Deal in “Trouble in EB-5 Land: Congress at Impasse on Extension.” He said, “Any lapse adversely affects the program because investors get skittish about what is going on here and they don’t understand how it works.” https://therealdeal.com/2021/06/28/trouble-in-eb-5-land-congress-at-impasse-on-extension/

Mr. Yale-Loehr was quoted by Bloomberg Law in “Backlog of Investor Visa Applications in Limbo as Program Dies.” Asked whether the expiration of the EB-5 regional center program on June 30, 2021, will put pressure on lawmakers to act, Mr. Yale-Loehr noted that with Congress tied up in negotiations over infrastructure spending, “it’s a competition of priorities.” https://news.bloomberglaw.com/daily-labor-report/backlog-of-investor-visa-applications-in-limbo-as-program-dies-1

Mr. Yale-Loehr was quoted by Univision in “Can the Governor of Texas Arrest Illegal Immigrants and Build a Wall on the Border?” Mr. Yale-Loehr said, “The federal government will surely challenge Governor Abbott’s immigration plans as illegal. Arizona tried something similar about 10 years ago, but the Supreme Court struck down key parts of SB 1070 because it interfered with federal immigration law.” https://www.univision.com/noticias/inmigracion/gobernador-greg-abbott-detenciones-en-la-frontera-muro-texas (Spanish, with English translation offered)

Mr. Yale-Loehr was quoted in an Associated Press article that ran in several news outlets, including U.S. News & World Report: “Governor: Texas Building New Border Barrier; No Details Yet.” He said the federal government likely would challenge whether Texas has authority to construct barriers along the border: “While states can do certain things under state law regarding immigration, erecting barriers along the border or arresting migrants is beyond the pale in my view.” https://www.usnews.com/news/us/articles/2021-06-11/governor-texas-building-new-border-barrier-no-details-yet

Mr. Yale-Loehr was quoted by CNBC in “Facing Shortage of High-Skilled Workers, Employers Are Seeking More Immigrant Talent, Study Finds.” “We have not revamped our legal immigration categories, including business immigration, since 1990. Some of those categories are out of alignment with our needs in the United States today. The pandemic has exacerbated those inconsistencies because people who are desperately needed to restart various businesses have been unable to enter the United States,” he said. https://www.cnbc.com/2021/06/10/study-employers-seek-immigrants-amid-shortage-of-high-skilled-workers.html

Mr. Yale-Loehr was quoted by Voice of America in “TPS Holders Seek More Stable Immigration Status.” He said the next move on temporary protected status could be up to Congress following a recent Supreme Court decision. “The Court noted that Congress could fix the problem through legislation. Indeed, such a bill is pending in Congress. The decision highlights the need for Congress to enact immigration legislation to fix our broken immigration system.” Mr. Yale-Loehr noted that some TPS holders have been living in the United States for more than 20 years. https://www.voanews.com/usa/immigration/tps-holders-seek-more-stable-immigration-status

Mr. Yale-Loehr was quoted by Univision in “What Happens Now With the Beneficiaries of TPS After the Ruling of the Supreme Court?” “The decision of the Supreme Court this Monday revolved around a technical distinction between ‘inspection’ and ‘admission’ according to U.S. immigration law. The Court indicated that Congress could solve the problem through legislation. In fact, that bill is pending in the Senate. The decision highlights the need for Congress to enact immigration legislation to fix our broken immigration system,” he said. https://www.univision.com/noticias/inmigracion/que-pasa-ahora-con-beneficiarios-tps-tras-fallo-corte-suprema (Spanish, with English translation option)

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In this issue:

1. AUSTRALIA – There are new eligibility criteria for the Subclass 408, Temporary Activity visa—Australian Government Endorsed Events stream.

2. BELGIUM – A digital platform, “Working in Belgium,” intended to facilitate the filing and processing of applications, will be launched soon after a test phase. The Brexit Trade and Cooperation Agreement has an impact on UK business visitors: some activities are work permit-exempt. Finally, this article summarizes the main changes to the Flanders work/single permit legislation that took effect March 1, 2021.

3. CANADA – There are new pandemic-related rules for travel across the land border and by air.

4. RUSSIA – This article summarizes highlights of a variety of developments, including a new government portal for checking entry permissions, air travel suspensions and resumptions, multiple entries allowed for highly qualified specialists, foreign nationals allowed entry, new address registration regulations, and renewal/changes in the list of purposes of entry for various visa types.

5. UNITED KINGDOM – Guidance has changed on documentation that should be kept on file following the sponsorship of a Skilled Worker or Temporary Worker.

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

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

Download:

ABIL Global Immigration Update – April 2021

1. AUSTRALIA

There are new eligibility criteria for the Subclass 408, Temporary Activity visa—Australian Government Endorsed Events stream.

As of April 2020, the COVID-19 pandemic was listed as an event that falls within the Subclass 408 visa stream. An individual may be within the specified class of persons in this visa category if they:

(a) Are employed full-time as an essential staff member of an overseas business that (i) is relocating to Australia; and (ii) will assist in Australia’s response to the event; and

(b) Will assist with the establishment of the business’s operation in Australia; and

(c) Apply for a Subclass 408 visa by June 30, 2022; and

(d) Have not previously been granted a visa in accordance with this instrument.

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2. BELGIUM

A digital platform, “Working in Belgium,” intended to facilitate the filing and processing of applications, will be launched soon after a test phase. The Brexit Trade and Cooperation Agreement has an impact on UK business visitors: some activities are work permit-exempt. Finally, this article summarizes the main changes to the Flanders work/single permit legislation that took effect March 1, 2021.

New Digital Platform: Working in Belgium

Belgium will soon have a new digital/electronic platform to facilitate information gathering and exchange by and between the authorities involved in single-permit processing. These authorities include the three regions (Brussels, Flanders, and Wallonia), the federal immigration office, foreign consular posts, municipalities, and the national social security office.

The practical roll-out of the digital platform, “Working in Belgium,” is planned in three phases:

Phase 1: All single-permit applications (first applications and renewals) processed via the digital platform, “Working in Belgium,” where the applicant can consult his file. This includes a test phase, probably in April 2021, and will become operational after the test phase ends.

Phase 2: Integrated electronic exchange between the platform and the authorities concerned with planning: operational by the end of June 2021.

Phase 3: Extension of the scope of applications via “Working in Belgium” to work permits, professional cards, and single permits for indefinite duration. Anticipated timing: 2022.

Post-Brexit Exemptions for UK Business Visitors

The Trade and Cooperation Agreement between the European Union (EU) and the United Kingdom (UK) dated December 24, 2020, contains several clauses regarding immigration.

The articles SERVIN.4.2. and 4.3. of the Trade and Cooperation Agreement contain favorable provisions for intra-corporate transferees, business visitors for establishment purposes, and short-term business visitors.

All three regions that have jurisdiction over work/single permits (Brussels, Flanders, and Wallonia) confirm on their websites that SERVIN.4.2 and 4.3 of the Trade and Cooperation Agreement are being applied, or will be applied: short-term activities that are not yet covered by existing exemptions under regional legislation are exempt or will also be exempt.

Short-Term Business Visitors

Short-term business visitors cannot be engaged in selling their goods or supplying services to the general public, and they cannot, on their own behalf, receive remuneration from within Belgium. Furthermore, in principle, short-term business visitors cannot be engaged in the supply of a service in the framework of a contract concluded between a legal person that is not established in Belgium and a Belgian consumer. Short-term business visitors can stay in the Schengen area (not only Belgium) for a period of up to 90 days in any six-month period.

For Belgium, allowed activities for short-term business visitors may include meetings and consultations, research and design, market research, training seminars, trade fairs and exhibitions, sales, purchasing, after-sales or after-lease service, commercial transactions, tourism personnel attending conventions or accompanying certain tours, and translation/interpretation supplying services as employees.

New Work/Single Permit Legislation: Flanders

The Flanders work/single permit legislation has been updated recently. The changes took effect March 1, 2021. Below are selected highlights.

• Some exemptions were updated. The Van Der Elst exemption was updated to reflect European Court of Justice case law. Temporary agency workers can now also be eligible if all other requirements are met.
• The possibility to file single-permit applications in Belgium is limited to specific categories of foreigners. Foreigners who reside in Belgium on the basis of family reunification can no longer file a single permit application/change their status to employee in Belgium.
• A work permit can be issued for 90 days in any 180-day period instead of 90 consecutive days. This will allow more flexibility, and will also avoid having to apply for new permits for frequent short time periods.
• Assignments to Belgium require that the employer/user has its registered seat or an establishment unit in Flanders. This implies that having an assignee work at home in Flanders will become impossible, with one exception: when employment in Belgium is subject to Belgian social security, which implies that Belgian social security contributions will be paid by the foreign employer who is registered with the Belgian Legal Database for Enterprises.
• For assignments, the duration of the work authorization is limited to the duration of the final date of Certificates of Coverage, issued pursuant to social security treaties. This is not new; in practice, the Flanders authorities already used the Certificates of Coverage dates as reference dates. The new legislation confirms this administrative practice.
• A hire of a single-permit holder by a new employer is considered a single-permit extension application instead of a first, new single-permit application. The immediate consequence is a decrease of administrative burden because fewer documents must be submitted.
• The obligation to inform the Flanders authorities about changes has been updated. The employer must notify the authorities not only about the termination of the employment contract but also about any “significant change” in employment conditions. The Flanders authorities will inform the employer within 15 days if a new work authorization must be applied for.
• Frontier workers are now defined in the same manner as in the federal immigration legislation. A frontier worker is defined as an employee who works in Flanders territory, but who has main residence in a neighboring country and who returns to the country of residence in principle daily or at least once a week. The UK is still considered a neighboring country.
• Salary thresholds, which are updated on a yearly basis, must be complied with for permits valid for longer than one year. Permits for the highly skilled, executives, and intra-corporate transferees, for example, are subject to a salary threshold and can be valid for up to three years. If the salary threshold is updated in year 2, this salary threshold must automatically be met. This is not new; in practice, the Flanders authorities already applied this principle. The new legislation confirms this administrative practice.
• The motives for refusal or withdrawal of work authorization are now divided into two groups: mandatory and potential motives. For potential motives, the law provides that the authorities must take into account the specific circumstances of the file, the interests of the foreign employee, the economic interest of the employer, and the proportionality principle.

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3. CANADA

There are new pandemic-related rules for travel across the land border and by air.

New COVID-19 Travel Rules

The federal government announced new COVID-19 pandemic-related travel rules in February:

Travel Across the Land Border

Non-essential travelers (such as returning “snowbirds”) must show proof of a negative COVID-19 test taken no longer than 72 hours earlier. In addition to the pre-departure COVID test, another COVID test will be administered at the land border. The traveler can then continue to the planned place of quarantine and must self-administer another COVID test during the 14-day quarantine. The self-test kit will be provided at the border.

Travel by Air

In addition to the pre-departure COVID test taken 72 hours before boarding a flight to Canada, all individuals, Canadians included, must take a test upon arrival at the first Canadian airport. They must then wait for the test result at a hotel on the official list and cover the cost of up to CA $2,000 for the hotel (prices will vary) and testing. The hotel must be booked before boarding the plane to Canada. Upon receipt of the test result, they may travel to their final quarantine destination for the remaining days (14 days total) and must self-administer another COVID test. The self-test kit will be provided at the airport. The following details also apply:

• The hotel must be booked at the first Canadian airport, meaning that a traveler who has a layover in Canada before their final destination must remain at the transit airport hotel until the test comes back negative. Only then can the final leg of the journey be completed.
• There is no exemption for vaccinated travelers.
• It is expected that the current exemptions (e.g., for medical personnel and essential workers) will remain valid, but this has not yet been confirmed.
• Flights on Canadian airlines to and from Mexico and the Caribbean remain suspended until April 30, 2021.

ArriveCAN remains mandatory for airport and land border arrivals. See https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19/arrivecan.html

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4. RUSSIA

This article summarizes highlights of a variety of developments, including a new government portal for checking entry permissions, air travel suspensions and resumptions, multiple entries allowed for highly qualified specialists, foreign nationals allowed entry, new address registration regulations, and renewal/changes in the list of purposes of entry for various visa types.

New Portal for Checking Entry Permission

Citizens of countries with which Russia has not yet resumed regular air travel and who still require entry permission from the Federal Security Service of Russia can now check online regarding whether permission is granted on the official government portal, Gosuslugi:

Suspension of Air Travel From United Kingdom to Russia Extended

Due to coronavirus concerns, suspension of air travel from the United Kingdom to Russia has been extended until April 16, 2021. https://tass.ru/ekonomika/10914413

Air Travel Resumes With Certain Countries

Starting April 1, 2021, air travel resumed with Germany, Venezuela, Syria, Tajikistan, Uzbekistan, and Sri Lanka. As of March 29, 2021, air travel was open between Russia and 31 countries. Details: http://government.ru/news/41820/

Multiple Entries Allowed for Highly Qualified Specialists and Family Members

A Government Order allows multiple entries for foreign citizens who perform work activities in Russia as highly qualified specialists and their family members. The entry procedure remains the same: the employer must send a request to the appropriate ministry and receive permission for multiple entry. The maximum period to enter Russia multiple times, which an employer can request, is until December 31, 2021.

For citizens and permanent residents of countries with which Russia has resumed air travel, it is not necessary to obtain permission to enter Russia from the Federal Security Service provided the person has a valid work visa or the entry is visa-free according to an international agreement.

Foreign Nationals Allowed Entry

In general, all categories of foreign nationals who come to Russia to perform work activities can enter Russia. For entry, a foreign national must receive entry permission from the Federal Security Service of Russia. To get entry permission for a foreign worker, the employer must apply to Rostrud.

New Address Registration Regulations

Under new regulations from the Internal Affairs Ministry, there are new application forms for foreign citizens to register their address. If the host party is an organization, an authorized representative of such organization must apply to register the address of a foreign citizen. The authorized representative must be an employee of the host party.

List of Purposes of Entry (Visa Types) Renewed

As of February 8, 2021, a new Order of the Ministry of Foreign Affairs of Russia sets a new list of purposes of entry and visa types. Delays in visa issuances are possible because of updates to computer systems. The main changes are:

• There are substantially fewer types of purposes of entry. Many categories have been consolidated for simplicity.
• There is no indication of duration of allowed stay for most visa categories.
• There is no “commercial” visa type. Previously, this category raised many questions because it was very similar to the “business” visa. The new Order has only a “business” purpose of entry.
• There is no “technical service” visa type. Instead, there is a purpose of entry of “installation work” with an analogous description of allowed activities. For this type of purpose, a work visa will be issued. A work permit requirement is not expected. Foreign citizens employed by foreign companies (manufacturers or suppliers) executing installations, providing technical support, performing repairs, and guaranteeing repairs of equipment supplied to the Russian Federation, can enter Russia on the basis of single-entry ordinary work visas for a maximum of 90 calendar days with the purpose of the entry specified as “installation works.”
• There are no substantial changes in the work visa.
• There are a number of amendments to the purpose of entry for diplomatic, student, tourist, and humanitarian
• The “professor” category has been abolished from the list of purposes. In cases where Russian educational institutions invite foreign professors to work in Russia, it is necessary to apply for an invitation letter with the purpose of entry specified as “work activities.” Subsequent extensions of this type of visa in Russia are on the basis of the labor agreement for a term of up to one year, although such extensions can be done an unlimited number of times. For foreign citizens entering the Russian Federation as science and pedagogical staff invited to work on science projects or to perform pedagogical activities, application for a work permit or patent is not required.

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5. UNITED KINGDOM

Guidance has changed on documentation that should be kept on file following the sponsorship of a Skilled Worker or Temporary Worker.

For some Tier 2 (General) applications before December 1, 2020, it was necessary to advertise the role for 28 days as part of a resident labour market test (RLMT). When the Skilled Worker category replaced Tier 2 (General) as of that date, the RLMT was abolished. However, the guidance (known as Appendix D) clarifies that certain types of documentation of the recruitment process of sponsored workers still must be kept on file.

The guidance on this point is split into two:

Where the RLMT Applies

If an employer recruited a Tier 2 (General) sponsored worker before December 1, 2020, and an RLMT was required, the employer must continue to keep on file the relevant documents. Some current routes including T5 Religious Worker, T5 Creative or Sporting Worker, and T2 Sportsperson may also require an RLMT to be carried out before the application is submitted.

Sponsors should continue to keep documents such as:

• Screenshots of the advertisements on the first day of placement;
• Resumes (CVs) of all applicants who were shortlisted for final interview; and
• Reasons why each settled worker was unsuitable for the role.

Where the RLMT Does Not Apply

The new guidance clarifies that where a formal RLMT has not been required (such as for a Skilled Worker or Intra-Company Transfer application), sponsors should still retain evidence of any recruitment activity they have undertaken. This is to assist the Home Office in assessing whether the sponsored role is a genuine vacancy.

1. a) If you have advertised. Importantly, sponsors are not required to advertise the role where a RLMT is not required. However, if you have advertised the role you should retain:

• Copy of the advert. Details of any advertisements placed, including a screenshot, printout or photocopy of the advert, or a record of the text of the advert and the website address. A note should also be made of how long the role was advertised. If you did advertise, you are not required to place more than one advert, but if you did, you should retain evidence of all the adverts.

Unlike for an RLMT, the guidance does not stipulate where the advert should be placed, the required contents of the advert, or how long it should be placed.

• Number of applicants. A record of the number of people who applied for the job should be kept, as well as the number of people shortlisted for interview or for other stages of the recruitment process.
• One other item of evidence. At least one other item of evidence or information that shows the process you used to identify the most suitable candidate, for example:

• A copy or summary of the interview notes for the successful candidate;
• A list of common interview questions used for all candidates as part of your selection process;
• Brief notes on why the successful candidate was selected and why other candidates were rejected;
• Information about any scoring or grading process you used to identify the successful candidate; or
• Any other relevant information or evidence.

You are not required to retain application forms, CVs, interview notes, or any other personal data relating to unsuccessful candidates.

1. b) If you have not advertised. Where you have not advertised the role, you must be able to explain and where possible provide evidence of how you determined that the sponsored worker was suitable for the role. Examples could include identifying the sponsored worker from:

• Their having already working for you in a different immigration category;
• A speculative application; or
• A university “milkround” (recruitment of students by businesses).

The guidance does not mention it, but it must also be sufficient that you have identified a candidate by, for example, word-of-mouth, reputation, or from a recruitment agency.

Right to Work Grace Period

Following an update in the Home Office employer’s guide to right to work checks, there are rules on the right to work grace period which exists for EU (and European Economic Area [EEA] and Swiss) citizens until June 30, 2021. Annex B of the updated guidance makes clear that until that date, employers can still rely on checking an EU citizen recruit’s EU passport or national identity card for right to work purposes.

Employers can also check online an EU citizen’s EU Settlement Scheme or other digital immigration status but cannot insist on it. Until July 1, 2021, employers are not required to differentiate between those EU citizens who arrived before January 1, 2021. Any EU citizen arriving for the first time on or after that date must apply for permission to work, such as a Skilled Worker.

As of July 1, 2021, employers are not required to carry out retrospective right to work checks, and further guidance will be issued for checks from that date.

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6. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

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

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

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

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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7. ABIL Member / Firm News

Chin & Curtis LLP, based in Boston, Massachusetts, became a partner firm with Wolfsdorf Rosenthal LLP, based in California, effective January 1, 2021. Wolfsdorf Rosenthal said in a press release that the partnership “brings together Chin & Curtis’ high-touch, creative, and specialized business immigration solutions with WR’s technology-focused approach to providing strategic, detail-oriented, client-centered services. Chin & Curtis will retain its brand [and] operational autonomy, and there will be no staffing changes.” https://wolfsdorf.com/news_posts/leading-boston-immigration-law-firm-chin-curtis-llp-joins-wr-immigration/

Rami Fakhoury (bio: https://www.abil.com/lawyers/lawyers-fakhoury.cfm?c=US) and Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) will speak at a webinar, “Global Talent Opportunities: A Legal and Policy Forecast and Update on Hiring Global Talent,” to be held Monday, April 19, 2021, from 2:30 to 4 p.m. ET. https://www.eventbrite.com/e/webinar-global-talent-opportunities-registration-146927575333

Klasko Immigration Law Partners, LLP, released a new podcast in the “Statutes of Liberty” series: “What Happens When a U.S. Green Card Holder Gets Stuck Abroad.”

Klasko Immigration Law Partners, LLP, released the first episode, “Strategies for Resolving EB-5 Problems Series, Part 1: Project Problems,” in a three-part podcast series on the EB-5 immigrant investor program. This episode covers issues related to investment projects

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted by Law360 in “State Dept. Updates COVID-19 Travel Exceptions for Europe.” He said, “No one could have imagined a supposedly pro-immigration administration making legal immigration of parents, employees and business investors more difficult, using COVID-19 as an excuse, when alternative methods exist to ensure both the safety of U.S. citizens and protections against new strains, such as with testing and quarantine. It is a certainty that the Biden administration will have to explain to a federal court judge its legal basis for not issuing visas because of this modified proclamation. Every time in the past they have tried to justify this exact action, they have failed. They will fail again.” https://www.law360.com/publicpolicy/articles/1361015/state-dept-updates-covid-19-travel-exceptions-for-europe

Mr. Kuck was quoted by Bloomberg Law in “Their Papers Mired in Pandemic Backlog, Visa Seekers Go to Court.” Mr. Kuck said that delays abroad have prompted EB-5 immigrant investors to join a third class action lawsuit that will be filed imminently. https://news.bloomberglaw.com/daily-labor-report/their-papers-mired-in-pandemic-backlog-visa-seekers-go-to-court

Mr. Kuck was interviewed by Mundo Hispánico on immigration reform and its costs. An English translation of an article summarizing the interview was published by The Canadian at https://thecanadian.news/2021/02/19/lawyer-talks-about-immigration-reform-and-its-prices/.

Mr. Kuck was quoted by Law360 in “Lottery Winners, DOJ Trade Shots in Visa-Expiration Fight.” He emphasized the urgency of getting relief from the court for diversity visa lottery winners who have been unable to enter the United States due to COVID-19 restrictions and are at risk of visa expiration. He told the judge that efforts to reach a resolution with the administration to protect those with visas set to expire in March have been unsuccessful, so his team planned to file a motion for expedited injunctive relief. “There’s probably 300 or 400 people who will lose their visas within the next week,” Kuck said. “Most importantly, this is not something the government was just presented with. That is not accurate. We actually had this conversation two weeks ago … when the administration publicly said it’s considering whether to lift the bans. The reality is it’s now on the court to make this happen. Everybody is going to lose their visas while they consider this,” he said. https://www.law360.com/articles/1354368/lottery-winners-doj-trade-shots-in-visa-expiration-fight

Mr. Kuck was quoted by Axios in “Diversity Visa Winners Losing Chance to Immigrate.” Referring to coronavirus-related restrictions that are keeping out diversity visa lottery winners, Mr. Kuck said, “President Biden should immediately renounce this illegal usurpation of congressional power and restore the status quo by declaring those bans void.” He said at least 6,500 issued visas are at risk of expiring before the ban instituted by former President Trump ends in March, and that at least 1,000 have already expired. “We feel confident we will shortly have a victory in one of these courts before March,” he said. https://www.axios.com/diversity-green-card-visa-lottery-d60cd44d-758f-4339-9ffc-d71d4690e201.html

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) co-authored several new blog postings: “President Biden Must Reject Trump-Era H-1B Lottery Rule and Work Visa Travel Ban,” http://blog.cyrusmehta.com/2021/03/president-biden-must-reject-trump-era-h-1b-lottery-rule-and-work-visa-travel-ban.html, and “Overcoming a Covid Travel Ban Through the National Interest Exception,” http://blog.cyrusmehta.com/2021/02/overcoming-a-covid-travel-ban-through-the-national-interest-exception.html.

Mr. Mehta authored several new blog postings: “CSPA Triumphs in Cuthill v. Blinken: Child of Parent Who Naturalizes Should Not Be Penalized,” http://blog.cyrusmehta.com/2021/03/cspa-triumphs-in-cuthill-v-blinken-child-of-parent-who-naturalizes-should-not-be-penalized.html; “State Department Exempts Certain Travelers From Restrictions: Is There a Better Way So That the Least Number Get Impacted?”

Mr. Mehta was quoted by India West in “To the Relief of H-1B Workers, Biden Lets Trump’s Ban on Foreign Workers Expire.” Mr. Mehta called for an overhaul of the H-1B program in a March 27, 2021, tweet quoted by the article: “The H-1B lottery—a game of chance—is an inappropriate way for U.S. employers to hire skilled foreign workers. Quotas and lotteries have no place in a modern immigration system. Let talent and skills freely come to the U.S.”

Mr. Mehta was quoted by India West in “President Biden Unlikely to Rescind Trump’s H-1B Ban.” He said, “The optics aren’t great. Biden hasn’t taken any actions to rescind it, possibly because of push-back from organized labor and a thrashing from Republicans. Biden needs support to pass a stimulus bill.” https://www.indiawest.com/news/business/president-biden-unlikely-to-rescind-trump-s-h-1b-ban/article_ed7563ea-7fe6-11eb-92fa-6378f2d25fce.html

Mr. Mehta was quoted by American Bazaar in “H-1B Visa Holders Seek Extension of 60-Day Grace Period After Job Loss Due to Pandemic.” He said, “Biden should at least allow the H-1B ban to lapse on March 31 even though he does not rescind it before the date. Although it would be powerful if he affirmatively rejects the ban any time from now till March 31.” https://www.americanbazaaronline.com/2021/03/11/h-1b-visa-holders-seek-extension-of-grace-period-due-to-job-losses-444512/?amp

Mr. Mehta was quoted by the Times of India in “Wait Time in the Green Card Queue for Some is 150 Years!” He noted that the U.S. Citizenship Act of 2021 eliminates country caps for employment-based immigrants, but he pointed out that the big question is whether the bill will be passed by a closely divided Senate. https://timesofindia.indiatimes.com/nri/us-canada-news/wait-time-in-the-green-card-queue-for-some-is-150-years/articleshow/81245570.cms

Mr. Mehta was quoted by the Times of India in “The Wide Sweeping Reforms in the U.S. Citizenship Act Decoded.” He said, “President Joe Biden’s U.S. Citizenship Act is sweeping in its humanity and views immigrants as an asset to America rather than as threats either to security or American workers. It starts by abolishing all references to the term ‘alien’ and instead replaces it with ‘noncitizen.’ ” https://timesofindia.indiatimes.com/world/us/the-wide-sweeping-reforms-in-the-us-citizenship-act-decoded/articleshow/81110569.cms

Mr. Mehta was quoted by the Times of India in “U.S. Immigration Bill to Help Clear Job-Based Green Card Backlog.” He said, “The bill is not perfect, though, and does little to accommodate the demand for scarce H-1B visas each year. Nor does it create a start-up visa for entrepreneurs. One provision authorizes the prioritization of distribution of scarce H-1B visas based on wages offered by their employers and also authorizes similar prioritization based on wages for other nonimmigrant worker categories. However, he added, “Even if the H-1B visa is not reformed, hopefully the ability to get a green card more quickly under the new law may compensate for the imperfect H-1B visa program that may remain in place.” Referring to some provisions in the bill that the article calls “ingenious,” Mr. Mehta said, “The bill authorizes the extension of nonimmigrant stays for certain categories of visa holders. For instance, an F-1 student in practical training who is sponsored for a green card can remain in F-1 status” and “get a green card directly.” https://timesofindia.indiatimes.com/world/us/us-immigration-bill-to-help-clear-job-based-green-card-backlog/articleshow/81114101.cms

Mr. Mehta was quoted by the Times of India in “Immigration Bill Aims to Keep and Unite Families, It Gives a Boost to the ‘V’ Visa.” He said, “The immigration bill increases the per-country limit from 7% to 20%. In addition, spouses and minor children of green card holders will not be subject to the quotas. Under current law, only spouses and minor children of U.S. citizens are exempt from being included in the quota. Further, the unused family visas from fiscal 2025 1992 through 2020 will be added back. These measures will reduce wait times, including for ‘V’ visa applicants.” https://timesofindia.indiatimes.com/world/us/immigration-bill-aims-to-keep-and-unite-families-it-gives-a-boost-to-the-v-visa/articleshow/81113335.cms

Mr. Mehta was quoted by Forbes in “New Bill Has Many Good But Two Bad Measures for Employment Immigrants.” The article notes that people who reach their 6-year limit in H-1B status while waiting in the immigration backlog can have their H-1B status extended while they remain in the United States. The new Biden administration immigration reform bill expands the provision to be used by more individuals in H-1B status, and also F-1 students, L-1 intracompany transferees and O-1 (individuals with extraordinary ability or achievement) visa holders, the article states. Mr. Mehta said he believes that provision holds the potential for an international student to bypass H-1B status and go straight to a green card, if an employer sponsored him or her and the measure became law. https://www.forbes.com/sites/stuartanderson/2021/02/19/new-bill-has-many-good-but-two-bad-measures-for-employment-immigrants/?sh=4bec5be35af9

David Isaacson, of Cyrus D. Mehta & Partners, PLLC, authored a new blog posting: “The Law Does Not Compel the Impossible – Or Does It?: Matter of C-C- and Awuku Asare v. Garland.” http://blog.cyrusmehta.com/2021/03/the-law-does-not-compel-the-impossible-or-does-it-matter-of-c-c-and-awuku-asare-v-garland.html

Cora-Ann Pestaina, of Cyrus D. Mehta & Partners, PLLC, authored a new blog posting: “To Amend, or Not to Amend: That is the Question for Visas Not Associated With a Labor Condition Application.” http://blog.cyrusmehta.com/2021/02/to-amend-or-not-to-amend-that-is-the-question-for-visas-not-associated-with-a-labor-condition-application.html

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) co-authored several blog postings: “Beware the Employer Risks Nesting in President Biden’s Comprehensive Immigration Reform Bill,” ; “Hey, Immigration Lawyer: Get Me a Coronavirus Passport,” https://www.bigimmigrationlawblog.com/2021/02/hey-immigration-lawyer-get-me-a-coronavirus-passport/; “Inclusive Immigration: USCIS Nixes “Alien” Terminology But Much More Must Be Done.” https://www.bigimmigrationlawblog.com/2021/02/inclusive-immigration-uscis-nixes-alien-terminology-but-much-more-must-be-done/

Greg Siskind, of Siskind Susser, P.C., was featured in “Practicing With Twitter: An Immigration Lawyer’s Social Media Journey,” published by the American Bar Association’s Law Practice Magazine. The article discusses Mr. Siskind’s lessons for attorneys looking to use social media as a marketing strategy. https://www.americanbar.org/groups/law_practice/publications/law_practice_magazine/2021/ma21/gaffney/ (also available at https://dashboard.mazsystems.com/webreader/71975?page=46)

Mr. Siskind posted a summary of the U.S. Citizenship Act

Elissa Taub and Ari Sauer are now partners in the firm Siskind Susser, P.C. According to Lynn Susser (bio: https://www.abil.com/lawyers/lawyers-susser.cfm?c=US), “Elissa has managed and expanded our healthcare practice for many years and Ari is the ‘finder of answers for all things complex.’ We are looking forward to their long-term contributions to the firm as it continues to grow and change.”

William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US) was quoted by Forbes in “New Bill Has Many Good But Two Bad Measures for Employment Immigrants.” Mr. Stock said that one section of the new Biden administration immigration reform bill “would allow a future president who did not believe in immigration to direct the Department of Homeland Security and Department of Labor to bar employment-based immigration in large parts of the economy. It would allow those agencies to ban immigration based on broad unemployment trends unrelated to labor market shortages in specific industries or for particular skill sets. For the past four years, we have seen that delegations of authority meant to allow for responses to emergencies, like the travel ban authority, can be misused to bar immigration broadly unless the statute provides strict guidelines as to how that authority should be exercised.” He also said, “The primary reason the new [H-1B] lottery rule is problematic is that it contradicts the current statutory directive for selecting H-1Bs by order of filing. Section 3407 of the bill would provide a valid statutory basis for selecting H-1Bs by wage level, advantaging larger employers and employers in cities with higher average salaries.” https://www.forbes.com/sites/stuartanderson/2021/02/19/new-bill-has-many-good-but-two-bad-measures-for-employment-immigrants/?sh=4bec5be35af9

Wolfsdorf Rosenthal LLP published several new blog postings: “Celebrating Women Empowered,” “E-Verify Update: Watch Your State’s Requirements,” “Weekly Immigration Update,” “DOL Announces 2021 Adverse Effect Wage Rats for Non-Range Occupations,” “H-2B Cap Reached for Second Half of FY 2021,” “FY 2021 H-1B Cap-Subject Nonselection Notices Issued,” “New Asylum Process at Southern Border To Be Phased In Gradually,” “President Biden Reinstates DED for Liberians,” “State Dept. Announces National Interest Exceptions for Certain Travelers & Students,” Alejandro Mayorkas Confirmed to Lead Department of Homeland Security,” “DOL Proposes to Delay Effective Date of H-1B/PERM Wage Rule Until May,” “USCIS Rescinds 2017 Policy Memorandum on H-1B Computer-Related Positions,” “Good News for H-1B Applicants as Biden Administration Delays Wage-Based Selection Process for H-1Bs,” “Biometrics: Questions and Answers,” and “President Biden Signs Executive Orders Setting a Welcoming Tone for Immigrants.” https://wolfsdorf.com/blog/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by Univision in “Are parents criminally responsible for sending their children alone to the southern border of the United States?” The article asks if a parent can be sued who pushes a child to leave his or her country. “The question has to do with tort law, not U.S. immigration law,” Mr. Yale-Loehr noted. “The question is whether parents can be sued for negligence by allowing their children to travel alone from their country of origin to the United States.” In practice, “these trials are very rare, for several reasons. First, the child (or someone who sues on behalf of the child) would have to sue. And it is unlikely that children are aware of the United States civil liability law. And they are probably not willing to sue their parents. Also, even if they wanted to sue, they could not pay a lawyer to represent them.” He also said that “even if a child wins a tort lawsuit, many parents would not have money to pay for the damages.” A second question was whether it is legal to allow a child to travel alone and cross the border alone. “Nothing in U.S. immigration law prevents this. Immigration law says that anyone who has a well-founded fear of persecution can apply for asylum. There is no minimum age requirement to apply for asylum at the border,” Mr. Yale-Loehr explained. https://www.univision.com/noticias/inmigracion/padres-principales-responsables-enviar-solos-hijos-frontera-estados-unidos [Spanish]

Mr. Yale-Loehr co-authored a blog: “Overcoming Polarization: How to Talk with Immigration Opponents.” https://inclusion.americanimmigrationcouncil.org/content/overcoming-polarization-how-talk-immigration-opponents

Mr. Yale-Loehr was quoted by Veja in “Kamala Harris’ First Major Mission: The Problem Is Not Simple: Finding a Solution for the Crowds of Immigrants Who Accumulate at the Border in Search of the American Dream.” He noted that Ms. Harris’s role “highlights the importance of the mission to untie the immigration knot, but it is a difficult task.” He added that it “will take a long time to stabilize Central American economies and create a safer environment from which people don’t feel they have to flee for their lives.” https://veja.abril.com.br/mundo/a-primeira-grande-missao-de-kamala-harris/ [Portuguese]

Mr. Yale-Loehr was quoted by Inside Higher Ed in “Dream Derailed Leads to Lawsuit Against Berkeley.” The article discusses a lawsuit filed by a former international student of law at the University of California, Berkeley, for allegedly misinforming him of a deadline for applying for work authorization and costing him his “dream job” in New York and his right to remain in the United States, an error that ultimately led to his being arrested in shackles and handcuffs by U.S. immigration enforcement agents and escorted to a plane bound for Brazil, his home country. “We’re generally seeing an increase in OPT [Optional Practical Training] denials for a variety of reasons. That is causing consternation for both international students and international offices at universities. I think that international student advisers feel torn because technically it’s the student’s responsibility to make sure that applications are filed on time, and the application is technically filed by the student, not by the school, so the school cannot be making sure that all applications are filed by the students in a timely manner. Schools do their best most of the time to educate students about all aspects of OPT applications, including filing deadlines, but ultimately it is the student’s responsibility to make sure that the application is filed on time,” Mr. Yale-Loehr said. https://www.insidehighered.com/news/2021/03/19/former-international-student-who-lost-dream-job-sues-berkeley-alleging-negligence

Mr. Yale-Loehr was quoted by USA Today in “Immigration was a Scorching Topic at the Supreme Court Last Year. With Trump Gone, That’s Changed.” The article notes that “[p]ending immigration cases stemming from the Obama administration are in part a function of the years it takes for disputes to work their way through the courts. But it also underscores that many of the technical aspects of immigration enforcement don’t change much from president to president—despite the rhetoric from both parties.” Mr. Yale-Loehr said, “People may think, ‘Oh, well, now the government is always going to be trying to find ways to help immigrants’ and that’s not the case. You see that in some of these cases…where the government is still appealing to the Supreme Court on these technical but important issues.” https://www.usatoday.com/story/news/politics/2021/03/12/donald-trump-has-left-supreme-court-immigration-cases-went-him/4633025001/

Mr. Yale-Loehr presented a webinar on how to overcome immigration polarization on March 19, 2021, as part of the Cornell Advocacy Project’s four-part speaker series, “Speak Now.” Mr. Yale-Loehr discussed how issues of immigration have fractured along party lines and how that trend can be reversed. Topics included how and why immigration issues are polarized, how to advocate for those fighting within politically polarized immigration systems, and strategies for engaging in discussion with those who hold opposing views on immigration. https://www.youtube.com/watch?v=VwdCR698NoI (video); https://open.spotify.com/episode/7B6fMLTTcksOmGddaekmyT?si=PcYO44H5QjqEzd0vGYwU_g&nd=1 (podcast)

Mr. Yale-Loehr was quoted by National Public Radio in “Supreme Court Makes It Harder for Undocumented Immigrants to Fight Deportation.” He said the court’s decision “increases the burden of proof on immigrants in deportation proceedings.” https://www.npr.org/2021/03/04/973658292/supreme-court-makes-it-harder-for-undocumented-immigrants-to-fight-deportation

Mr. Yale-Loehr was quoted by Bloomberg Law Daily Labor Report in “U.S. Lawmakers Exploring Regional Visa Programs to Boost Economy.” The U.S. Citizenship Act’s regional economic development visa proposal echoes a similar initiative that was enacted as part of immigration law in 1990—the Labor Market Information program, which directed the Department of Labor to identify industries with a shortage of workers in the United States and industries with a surplus, he said. The plan was to make it easier to select immigrants in the shortage occupations and harder in the surplus occupations. “The proposed regulations were roundly criticized and the whole program died. In concept, this sounds great, but the devil is always in the details,” he said. https://news.bloomberglaw.com/daily-labor-report/u-s-lawmakers-exploring-regional-visa-programs-to-boost-economy

Mr. Yale-Loehr was quoted by Law & Crime in “Despite Biden Admin’s Claims, Southern District of Texas Ruling Does Not Require ICE to Deport.” He said, “Today’s court order does not require ICE to deport everyone who has a final deportation order. ICE still has discretion in deciding who to deport.” https://lawandcrime.com/immigration/despite-biden-admins-claims-southern-district-of-texas-ruling-does-not-require-ice-to-deport/

Mr. Yale-Loehr moderated a webinar, “What to Expect on Immigration from the Biden Administration”:

• Video link: https://www.youtube.com/watch?v=gqd3HnJWkE8
• Slide deck, https://drive.google.com/file/d/1jonICr6Vl2dK5mPoHW8jkd6VxDylHbxV/view
• Handouts: https://drive.google.com/file/d/1mW9jayRmlXJqWmIL2ayZIHMlPbj1rrf1/view and https://drive.google.com/file/d/1nxQGmmg-JF13LRs3uW3MeiHwNVU-zZWO/view.

Mr. Yale-Loehr was quoted by Bloomberg Law in “Lawmakers Revisit Changes to H-1B Lottery in Immigration Plan.” He said that any plan to implement a wage-based H-1B system from Biden administration agency heads is unlikely to “be identical to the Trump H-1B wage rule, but it is similar in concept.” Moreover, “this would only authorize DHS and DOL to consider a wage-based system; it doesn’t require it.” https://news.bloomberglaw.com/daily-labor-report/lawmakers-revisit-changes-to-h-1b-lottery-in-immigration-plan

Mr. Yale-Loehr was quoted by the Philadelphia Inquirer in “ICE ‘Deep State’ is Blocking Biden’s Quest for Justice for Refugees.” Mr. Yale-Loehr said that President Biden faces a long road in undoing former immigration policies. “First, former President Trump emboldened ICE agents to arrest anyone they suspected of being here illegally, even if the person merely overstayed their visa. ICE officials will not want to return to the pre-Trump era, where they were supposed to prioritize deporting immigrants who had serious criminal convictions. That is harder work.” In sum, he said, “changing the ICE bureaucracy is like steering an ocean liner. It takes time to change course. And it is harder when the crew may refuse to comply.” https://www.inquirer.com/opinion/biden-deportations-ice-haiti-cameroon-mexico-20210211.html

Mr. Yale-Loehr was quoted by Mediapart France in “États-Unis: Biden promet une grande réforme de l’immigration” (“United States: Biden promises major immigration reform”). Mr. Yale-Loehr said that two essential questions relate to the content and “timing” of reform, considering that the midterm elections in 2022 could reshuffle the cards in the Senate. For the left, the possibility exists of fragmenting any reform project into first attempting to strengthen measures in Congress that are more “modest” and consensual like the DACA program, he said. Congress is not the only obstacle in the path of the Democrats. A federal judge in Texas, appointed by former President Trump, has effectively temporarily blocked a decision by President Biden to suspend deportations for 100 days, he noted (subscription)

Mr. Yale-Loehr was quoted by the Associated Press in “ICE Nearly Released Sex Abuse Convicts Despite Biden Memo.” He said a conviction for sexual abuse of a minor normally would qualify as an aggravated felony, and that “such individuals remain immigration enforcement priorities.” https://apnews.com/article/joe-biden-us-news-immigration-crime-texas-09f40966250e15b9d54942ddb267df7b

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In this issue:

1. INVESTOR VISAS: AN OVERVIEW – This article provides an overview of investor visas in several countries.

2. CANADA – This article discusses new pilot projects and other efforts to allow in professionals; programs reopened for certain entrepreneurs and self-employed persons; updated immigration targets in Québec and Canada; and designated learning institutions reopening to international students.

3. COLOMBIA – This article discusses the resumption of some immigration processing and requirements for complying with safety protocols during the COVID-19 pandemic.

4. FRANCE – This article provides updates on what the Brexit transition means for British nationals residing in France.

5. ITALY – This article provides highlights of a new immigration decree, the numbers of foreign workers allowed in Italy for 2020, and new rules for travelers to Italy.

6. RUSSIA – This article provides information about required measles vaccinations for all foreign employees, entry points and other information for unified e-visa holders, and new notification forms being implemented for the employment of foreign workers.

7. UNITED KINGDOM – This article provides an update on the United Kingdom immigration scheme, the worker permit scheme, new Skilled Worker category rules, the new frontier worker visa, how the tech sector can make the most of the UK’s new immigration rules, and a review by the Migration Advisory Committee on Intra-Company Transfers.

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

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

Download:

ABIL Global Immigration Update – December 2020

1. INVESTOR VISAS: AN OVERVIEW

This article provides an overview of investor visas in several countries.

Canada

There remains only one passive (i.e., not at risk) investor program in Canada, and it is being piloted by the Province of Québec. As a pathway leading to permanent residence in Québec, it requires a net worth of at least CAD $2 million; a five-year, non-interest-bearing deposit of CAD 1.2 million; and two years of recent management experience. This program traditionally opens every year to a very small quota of spots, and is currently suspended until March 31, 2021.

There are more immigration opportunities for active investors who choose to start, invest in, or acquire a business in Canada. The federal Start-Up Visa program, for example, targets business founders supported by certain business incubators, angel investors, and venture capital funds. Certain provinces also offer entrepreneur streams. New Brunswick, for example, designed a program for experienced business owners and senior managers who wish to become permanent residents by owning a business and managing it while residing in Québec. Ontario hopes to attract entrepreneurs from outside of Canada interested in starting a new business or buying an existing business in Ontario. In British Columbia, experienced entrepreneurs who can support innovation and economic growth in the province can apply for the local provincial nominee program. Also noteworthy is the International Graduate Entrepreneur Immigration Stream, which allows Alberta to nominate qualified international graduates from local post-secondary institutions who want to establish or operate a business in Alberta to apply for permanent residence.

Italy

The Investor Visa for Italy program is an option for investors seeking to enter Italy to engage in capital investments that benefit the Italian economy. The following types of investment/donation qualify for this program: €2,000,000 in Italian government bonds (at least two years’ validity); €500,000 in a company based and operating in Italy ( €250,000 in case of an innovative start-up company); or a €1,000,000 donation supporting projects of public interest in the fields of culture, education, immigration, scientific research, recovery of cultural assets, or landscapes. The application can also be filed using a company controlled by the applicant.

The application for the clearance that is necessary to apply for the visa is filed through a dedicated website, https://investorvisa.mise.gov.it/. Once the clearance is issued, the applicant must apply for an investor visa valid for two years, travel to Italy to apply for the relevant residence permit, and make the required investment/donation within three months of entry. The investor visa holder will receive an investors’ residence permit (permesso di soggiorno “per investitori”) valid for two years and renewable for an additional three years to prove that the investment is still in place. Investor permit holders are exempt from the residence requirement.

For more information, see https://www.mazzeschi.it/guidelines-for-new-investors-visa/

Turkey

Currently Turkey has no functioning investment residency program, although the country does have a popular investment citizenship program. Turkey passed a law and regulations in 2017 for a new permanent residence program, the “Turquoise Card Program,” in which investment was one of the qualifying categories. Unfortunately, the ministry charged with implementing the Turquoise Card program has not yet created an application form or procedure for this program.

This contrasts with Turkey’s Investment Citizenship Program, for which the Interior Ministry in 2018 lowered the qualifying investment levels and created a special department. This department actively pursues expediting these applications, which take a far shorter period to adjudicate than standard citizenship cases.

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2. CANADA

This article discusses new pilot projects and other efforts to allow in professionals; programs reopened for certain entrepreneurs and self-employed persons; updated immigration targets in Québec and Canada; and designated learning institutions reopening to international students.

More Québec Selection Certificates (CSQs) for IT, AI, VFX professionals; Food Processing; Entrepreneurs; Self-Employed Persons; Caretakers

Immigration Québec announced on October 28, 2020, a set of three new pilot projects intended to allow professionals in certain industries to apply for a Québec Selection Certificate (CSQ)—unfortunately, with extremely small annual quotas. It appears that these pilot projects will be administered through the ARRIMA pool of applicants. Overall, the pilot projects have multiple and extremely specific eligibility criteria. While they are interesting especially for non-francophone employees, French speakers should evaluate if it may be less burdensome to apply through the existing PEQ program. Immigration Québec has not announced the processing delay target for these pilot projects.

The pilot projects, which will come into effect in early 2021 and will be valid through 2025, include (1a) Professionals in the Artificial Intelligence Industry, (1b) Professionals in the Information Technology and Visual Effects Industries, (2) Workers in the Food Processing Industry, and (3) Patient Service Associates.

In addition, the CSQ program for certain entrepreneurs and self-employed persons was reopened, with an even smaller quota.

Updated Immigration Targets in Québec

On October 29, 2020, the Québec government released its immigration targets for 2021. As the target for 2020 has not been reached (30,500 immigrants are expected instead of 44,500 projected), 7,000 spots will be carried over to 2021. The plan for 2021 is to welcome between 44,500 and 47,500 immigrants to Québec. Approximately 20,000 will be reserved for CSQs in the skilled worker class (ARRIMA, PEQ, Pilot Projects).

The targets for 2021 include currently pending applications with the Québec and federal authorities. In light of the important inventory of backlogged permanent residence cases pending since 2019, an improvement in processing delays is not expected for Québec -bound permanent residence applicants. Some practitioners recommend applying for the CSQ or permanent residence as soon as one is eligible, to minimize the number of work permit renewals required until permanent residence is granted.

Update: Immigration Targets for Canada

The federal government recently released its three-year plan for immigration levels, with the highest targets in Canadian history:

• 2021—401,000 immigrants
• 2022—411,000 immigrants
• 2023—421,000 immigrants

These are the highest recorded numbers in more than a century. The last time Canada aimed at more than 400,000 immigrants was in 1913.

COVID-19: Designated Learning Institutions Reopening to International Students

As of October 20, 2020, some designated learning institutions (DLIs) are now able to reopen to international students who are not currently in Canada and who:

• Have, or have been approved for, a study permit
• Are traveling to Canada for a non-discretionary or non-optional purpose

To be able to reopen to international students who are not currently in Canada, DLIs must have a COVID-19 readiness plan approved by their province or territory that meets certain requirements, including a mandatory 14-day quarantine period for international students and other elements. Students should contact their schools directly with any questions about the schools’ readiness plans.

For more information, see https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/students/approved-dli.html

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3. COLOMBIA

This article discusses the resumption of some immigration processing and requirements for complying with safety protocols during the COVID-19 pandemic.

After a six-month wait, measures have been announced to resume air border traffic and migration processes. On September 19, 2020, the first phase of international commercial flights between Colombia and the United States began. Gradually flights to and from more countries have been added, including Mexico, Brazil, Ecuador, the Dominican Republic, Guatemala, and Bolivia. Humanitarian flights, as well as charters authorized by the government, continue to be scheduled and to transport travelers to and from Colombia.

With the gradual reopening of international air traffic, several measures were established to achieve better control and comply with biosafety protocols. Persons entering the country must:

• Present a PCR test with negative result for COVID-19 no more than 96 hours before the flight;
• Complete a Check-Mig form for entry and exit a maximum of 24 hours and minimum of 1 hour before the flight;
• Download the Coronapp application and create a profile to report the traveler’s health status, in addition to complying with the mandatory use of a mask, frequent handwashing, and social distancing

On September 21, 2020, Migración Colombia resumed its services in all offices in the country to process foreigners’ identity cards, visa registrations, certificates of migratory movement, safe conduct, Special Permits to Stay for the Promotion of Formalization, and Temporary Permits to Stay. Considering the circumstances in recent months, the government has granted a transition period from September 21 to December 15, 2020. The Ministry of Foreign Affairs still is not stamping visas, which is why the registration of visas and issuance of foreigner’s ID cards can be done with an electronic visa, i.e., despite not being stamped in the passport.

To initiate any of these processes, it is necessary to schedule an appointment, download the Coronapp application, and fill out the health declaration form. Some users claim that they have not been able to schedule appointments for some procedures in Bogotá, or that if they could, they were assigned for a later month. Such delays will most likely lead to an extended transition period because many users will probably not be able to complete processing within the established time periods.

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4. FRANCE

This article provides updates on what the Brexit transition means for British nationals residing in France.

On December 31, 2020, at midnight, the Brexit transition period will end. The United Kingdom (UK) will become a third country to the European Union (EU).

British nationals already residing in France can submit “Withdrawal Agreement” residence permit applications now. The request can be made on the internet. All British nationals already residing in France before December 31, 2020, are eligible to apply for a residence permit, in accordance with the provisions of the Brexit agreement signed between the UK and the EU. By June 30, 2021, all British nationals wishing to benefit from the provisions of the Brexit agreement to retain their rights to stay and work in France must have a French residence permit.

Applicants must upload documentation, including passport identity pages; proof establishing the date the applicant moved to France, such as a property certificate issued by a notary, a home insurance contract, a home insurance certificate or an employment contract; and documents relating to the specific situation of each applicant. For example, an employee must provide a copy of their most recent pay slip, while a student must provide proof of enrollment in a school or university. After completing these steps, the applicant will receive an application confirmation by email, with a reference number confirming the filing.

Once the file has been processed, an email will be sent to the candidate to make an appointment at the prefecture to finalize the file (fingerprinting, photo, and proof of payment of fees).

It is not yet clear how the applicant will receive the residence permit when it becomes available, whether by post to his or her home in France or by going to the Prefecture a second time.

Permit Types

Presence of less than five years

British nationals who have resided in France for less than five years as of December 31, 2020, must apply for a residence permit, depending on their status (e.g., student, employee, temporary worker, posted worker, self-employed professional, unemployed person, family member, long-term visitor). They will be issued a residence permit in accordance with the agreement bearing the specific category, such as “Withdrawal agreement—employee.”

Although the list of required documents is not yet available, applicants are advised to prepare:

• Passport or identity card
• Proof of address in France
• Identity photographs
• Proof of resources: employment contract, payslips, bank statements
• Proof of professional activity: work certificate signed by the employer confirming the date of the start of employment in France
• Proof of the purpose of the stay in France over the past five years (e.g., employment contract)

British nationals who have resided in France for less than five years as of December 31, 2020, can also apply for a resident card when they can prove that they have lived in France for five years. For example, a British national residing in France as of December 31, 2017, can apply for a resident card as of December 31, 2022.

Presence of five years or more

British nationals who have resided for five years or more in France as of December 31, 2020, are eligible to obtain a resident card valid for 10 years.

Although the list of required documents is not yet available, applicants are advised to prepare:

• Passport or identity card
• Proof of address in France
• Three identity photographs
• Proof of presence in France over the past five years: one document per half-year (e.g., rent receipts, energy bills)
• Proof of resources: employment contract, payslips, bank statements

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5. ITALY

This article provides highlights of a new immigration decree, the numbers of foreign workers allowed in Italy for 2020, and new rules for travelers to Italy.

New Immigration Decree

Immigration Decree no. 130/2020, effective October 22, 2020, provides for several changes to current immigration law and partly cancels or modifies provisions introduced in 2018 by the controversial “security and immigration decree,” also known as the Salvini decree.

The new decree provides for:

• Reforming the migrant reception system
• More favorable conditions when applying for humanitarian protection, special protection
• Possibility of asylum seekers to register as residents with the city council
• Possibility to convert some residence permits—including elective residence, pending citizenship application, calamity, special protection, and others—into residence permits allowing work
• Reduction of processing time for citizenship applications for naturalization and marriage from 48 months to 36 months (the term was raised from 24 months to 48 months by the previous Salvini decree)
• Reduced fees for nongovernmental organizations that violate the sailing ban

In particular, the following residence permits (permessi di soggiorno) can now be converted into permits for work reasons:

• Permit for special protection—permesso di soggiorno per protezione speciale under certain conditions
• Permit for calamity—permesso di soggiorno per calamita’
• Permit for elective residence—permesso di soggiorno per residenza elettiva, but only those issued to retirees with an Italian pension
• Permit for pending citizenship application or pending recognition of stateless status—permesso di soggiorno per acquisto della cittadinanza o dello stato di apolide
• Permit for sport activity—permesso di soggiorno per attivita sportiva
• Permit for artistic work—permesso di soggiorno per lavoro di tipo artistico
• Permit for religious reasons—permesso di soggiorno per motivi religiosi
• Permit for assisting minors—permesso di soggiorno per assistenza minori

Also, for citizenship applications for naturalization and marriage filed after the date of entry into force of the decree (October 22, 2020) processing times are reduced from 48 months to 36 months.

Number of Foreign Workers Allowed in Italy for 2020

Italian government has announced a cap of 30,850 on the number of workers from outside the European Economic Area (EEA) allowed in Italy for 2020. The decree, dated July 7, 2020, was published in the Official Gazette of October 12, 2020.

More than half (18,000) of the total are reserved for entries for seasonal work. For the first time in several years, there are 6,000 for subordinate work, but only for specific sectors of activity (road haulage, building, and hospitality/tourism) and for certain nationalities. The majority of the remaining number is reserved to permit conversion (6,150) for foreign citizens who already have a residence permit (e.g., study, seasonal work, permanent) in Italy or EU and intend to change status, i.e., to convert the existing permit into a permit for employment/self-employment.

The rest are for self-employment work (500) and special categories (200) of foreigners (such as Venezuela’s residents with Italian ancestors or individuals who have completed a specific training in their country of residence).

New Rules for Travelers to Italy

Italy has made COVID-19 testing mandatory for arrivals from the European Union (EU) and lifted the entry ban for certain countries.

Under Decree 3 of December 3, 2020, Italy removed the entry ban for travelers from Armenia, Bahrain, Bangladesh, Brazil, Bosnia-Herzegovina, Chile, Colombia, Kuwait, North Macedonia, Moldova, Oman, Panama, Peru, Dominican Republic, Montenegro, and Kosovo.

Entry into Italy from any non-EU country is allowed only for work reasons, absolute urgency, health reasons, study, or returning to one’s home. There are exceptions for EU citizens and their close family members, foreign nationals regularly residing in Italy and their close family members, and those who have a proven and stable relationship with a person residing in Italy.

Travel from Australia, Japan, New Zealand, Rwanda, the Republic of Korea, Thailand, Singapore, and Uruguay is allowed for any reason. Travelers are subject to completing a self-declaration and quarantining for 14 days on arrival.

Travel from the EU, the United Kingdom, and associated Schengen countries is always permitted, with the obligation to complete a self-declaration and take a molecular or antigenic swab test, with a negative result, within 48 hours before entering Italy. From December 21 to January 6, the obligation to quarantine for 14 days will apply.

Exceptions may apply. For the full set of rules, check for updates to the dedicated section of the Ministry of Foreign Affairs website, https://www.esteri.it/mae/en/ministero/normativaonline/decreto-iorestoacasa-domande-frequenti/focus-cittadini-italiani-in-rientro-dall-estero-e-cittadini-stranieri-in-italia.html, or fill out the information questionnaire at https://infocovid.viaggiaresicuri.it/

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6. RUSSIA

This article provides information about required measles vaccinations for all foreign employees, entry points and other information for unified e-visa holders, and new notification forms being implemented for the employment of foreign workers.

Measles Vaccinations Required

Employers are required to ensure that all foreign employees are immunized against measles.

A foreign citizen can confirm that he or she had measles, was immunized against measles, or has a medical authorization not to be immunized, by a certificate from his or her medical file issued by an organization licensed for immunization practice. The certificate should have a stamp and a doctor’s signature. Documents issued outside of Russia must be duly legalized (apostilled) and translated into Russian. The translation must be notarized.

Entry Points for Unified E-Visa

Starting January 1, 2021, all foreign citizens with the unified e-visa can enter Russia through the following border control points:

Requirements and Steps to Apply for a Unified E-Visa

• Purpose of visit: Guest, business, tourist, humanitarian (sport and cultural connections, participation in international events);
• Application process: Application is filed online at the dedicated page on the Foreign Affairs Ministry website;
• Processing time: Four calendar days;
• Number of entries: Single-entry;
• Validity: 60 days from the date of issuance;
• Allowed stay: Not more than 16 days from the entry date;
• Entry and exit: Only through border control points determined by the government (see list above). Details on entry and exit ordinarily can be found at the website of the Consular Department of the Foreign Affairs Ministry: https://evisa.kdmid.ru/ru-RU; however, currently this website contains outdated information.
• Government fee: US $40 (starting January 1, 2021); for children up to 6 years old, the e-visa will be issued free of charge;

Starting January 1, 2021, foreign citizens who enter Russia on the basis of an e-visa will be able to travel to all Russian regions. As of the writing of this article, citizens of 52 countries could already enter four Russian regions based on e-visas: Far Eastern Federal District, Kaliningrad Region, St. Petersburg, and Leningrad Region.

New Notification Forms To Be Implemented

Starting January 1, 2021, new notification forms will be implemented regarding the employment of foreign citizens in the territory of the Russian Federation.

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7. UNITED KINGDOM

This article provides an update on the United Kingdom immigration scheme, the worker permit scheme, new Skilled Worker category rules, the new frontier worker visa, how the tech sector can make the most of the UK’s new immigration rules, and a review by the Migration Advisory Committee on Intra-Company Transfers.

Update on the UK Immigration System

In light of a new COVID-19 pandemic-related national lockdown that began in the United Kingdom (UK) in November:

Applications to be submitted at appointments in the UK via Sopra Steria, the Home Office’s service provider, can continue as normal and applicants can attend in person during the lockdown. Sopra Steria has been designated as providing an “essential service.” For visa applications submitted outside the UK, most visa application centers remain open and applications can proceed.

Also, as a reminder, given that the new Skilled Worker category opened on December 1, 2020, any staff on Tier 2 (Intra-Company Transfer) visas can apply from within the UK to switch to a Skilled Worker visa in order to be on a track to indefinite leave to remain.

Opening a New Frontier: Worker Permit Scheme

As the UK goes through the disappointing process of raising barriers on entry to EEA nationals coming to the UK, an immigration category soon to emerge, separate from the EU Settlement Scheme, is the “frontier worker” visa.

While the UK’s regulations on this category have been published, the government’s guidance for further details on how the category will operate is awaited. The frontier worker permit application system is expected to be launched in mid-December 2020, and starting on July 1, 2021, frontier workers will need a permit when entering the UK.

To be eligible for a frontier worker permit, an applicant must be:

• An EEA national;
• Not primarily resident in the UK (i.e., living mainly in another country); and
• Working or self-employed in the UK (or has retained this status).

The category will not help those who wish to start working in the UK after December 31, 2020, the end of the Brexit transition period—it is aimed at those who established a work pattern as a “frontier worker” before the end of the transition period following the UK’s withdrawal from the EU.

The route appears to be targeting international commuters, for example, from Dublin, Paris, or Zurich, who regularly come to the UK for business—a relatively small category of individuals. Acquiring frontier worker status provides more flexibility on sources of payment and potential activities in the UK than permitted under the visitor rules.

There are many questions to be answered regarding the details of the scheme, such as: How regularly do you need to work in the UK to qualify? What activities in the UK will constitute work to be eligible to apply? What kinds of documents are required to evidence that an applicant qualifies? Thorough guidance will be needed to answer these questions conclusively.

If granted, a frontier worker visa is issued for five years for current workers and two years for those with retained status. There are obvious drawbacks to the category, including the lack of a route to indefinite leave to remain, but perhaps its most redeeming feature is that renewal applications can be made indefinitely, whereas those who obtain pre-settled status may reach the end of the road in five years’ time if they have a lot of absences, meaning that they would not qualify for settled status and would need to switch their immigration category.

It appears likely that applicants will favor the certainty of applying under the EU Settlement Scheme if eligible. The frontier worker visa might be of recourse to those who, for whatever reason, are not eligible under the EU Settlement Scheme. Some applicants may choose to apply for both pre-settled status and a frontier worker permit.

How the Tech Sector Can Make the Most of the UK’s New Immigration Rules

Many companies in the tech sector are aware of the new immigration system and Skilled Worker category opening in December 2020. Companies without a sponsor license will need to apply for one in order to recruit both non-EU and EU citizens. EU citizens resident in the UK before 11 pm on December 31, 2020, can apply for the EU Settlement Scheme.

However, for international technology companies currently based outside the UK, there are other considerations to take into account when moving specialist staff to the UK. For example, when applying for a sponsor license, it is necessary to first have a trading UK entity that can apply for the license. It must also have at least one senior person based in the UK who can act as the Authorising Officer, the person in charge, of the license. When a tech sector company wishes to set up in the UK, this can lead to a “chicken and egg” scenario of wanting to send someone to the UK to set up the UK operation but being unable to apply for a license.

The solution is often to submit a representative of an overseas business application, also known as a sole representative application. This is for a senior-level employee of the overseas group company who is being sent to the UK to set up operations where there is currently not any UK corporate presence. The employee must not be a majority shareholder in the overseas company. Once that person can enter as a sole representative and set up the UK company, they can act as Authorising Officer and apply for the sponsor license. From there, any staff of the group based outside the UK can transfer to the UK by way of a Skilled Worker or Intra-Company Transfer (ICT) application under the new rules.

Unlike the existing Tier 2 (General) category, there will not be any resident labour market test (RLMT) advertisement process for Skilled Worker applications, and the skill level will be reduced, as will the minimum salary expectations. As the Skilled Worker category can lead to indefinite leave to remain (ILR) after five years, it is most likely that the ICT category will be underused in comparison to the current Tier 2 (ICT) route as it does not lead to ILR and the salary requirements are more onerous.

For some tech sector organizations, the Tier 2 (General) rules on share ownership have been problematic for senior-level employees and founders. Where the individual to be sponsored to work in the UK owns more than 10% of the shareholding in the UK limited company sponsor, they have been prohibited from applying unless they apply as a high earner basis at a salary of at least £159,600. The new Skilled Worker rules as drafted contain no such restriction, albeit detailed Home Office guidance to accompany the rules is awaited. Applicants should be aware of the “genuineness” requirements, including that the job has not been created mainly so the applicant can apply for a visa. One potential benefit of the ICT category is that unlike the Skilled Worker category, it is not necessary to meet English language requirements.

More than in most sectors, international tech companies need to react to market conditions and be nimble in their use of the UK immigration system. While sole representative applications are useful in the above scenario, they are limited, as the name implies, to just one person transferring to the UK. For many tech organizations where highly specialized and niche skills and experience are required, this will be problematic and will not enable them to react quickly enough by the time the sponsor license is obtained and Skilled Worker or ICT applications submitted. UK immigration policymakers seem to be aware of the limitations of this route. In a potentially useful development for the tech sector, in addition to reviewing the ICT eligibility criteria and conditions, the Home Secretary has asked the Migration Advisory Committee (MAC) to look at the sole representative route and report back by the end of October 2021.

The government is seeking to “expand its mobility offer” and has asked the MAC to consider a new option to enable a business based outside the UK to send a team of workers to the UK to establish a branch or subsidiary in the UK. The MAC will advise the government on the viability of those new routes for teams of workers and the eligibility criteria to include, for example, skill and salary thresholds for the members of the team as well as the sending organization’s size, the value of the investment or contract, and the potential for UK job creation. Presumably the new rules will be less restrictive on the seniority of the employee(s) to be transferred.

The MAC has also been asked to consider new rules for a business based outside the UK to send a team of workers to the UK to undertake a secondment in relation to a high-value contract for goods or services. The intended scope of this new route is unclear but would presumably be a welcome extension of the current Appendix 3 visitor rules which, in certain circumstances, allow individuals to enter as a visitor, for example, in relation to “Manufacturing and supply of goods to the UK” and “Clients of UK export companies.”

New Skilled Worker Category Rules

The Home Office released various policy statements throughout 2020, and many of the broad details of the new Skilled Worker category have already been announced. The Immigration Rules released recently confirm existing understanding of the Skilled Worker category, which will replace Tier 2 and apply to all EU and non-EU citizens being sponsored to start working in the UK as of January 1, 2021. In particular, as a reminder, the key features of the Skilled Worker category are:

• Salary. The basic salary threshold will be reduced from £30,000 to £25,600. Applicants must be paid at least the basic salary threshold or the going rate for the role, whichever is higher. The salary thresholds will be reduced for new entrants, including those who are switching from student status or are under 26 years old.
• Skill level. The required skill level for a sponsored role will reduce from Regulated Qualifications Framework (RQF) level 6 to level 3, meaning that many more roles will qualify for sponsorship.
• Points criteria. Applicants need to achieve the required 70 points and can normally do so on the basis of the salary payable for the role. Alternatively, the points can be obtained at a lower salary rate if, for example, the role is classified as a shortage occupation.
• Advertising. The resident labour market test advertisement process will be abolished.
• Quota. The monthly quota/cap that applied to some Tier 2 applications will be suspended.
• Intra-Company Transfers (ICTs). Tier 2 (ICT) visa holders can switch from within the UK into the Skilled Worker category and then be on a track to indefinite leave to remain after five years as a Skilled Worker.
• Sponsor license. Existing Tier 2 sponsors will be able to continue to use their existing sponsor license for Skilled Worker applications.

EU citizens resident in the UK by 11 pm on December 31, 2020, can apply to the EU Settlement Scheme by June 30, 2021, and do not require sponsorship under the Skilled Worker category.

While the recently released immigration rules largely reflect prior understanding of the Skilled Worker category, there are some key new features:

• ICT high earners. Under the new ICT category, where the salary will be over £73,900, the person can qualify as a high earner and stay in the UK for up to nine years. This is a change from Tier 2 (ICT) where the high earner threshold was £120,000.
• Cooling off. The 12-month “cooling off period,” which prevented certain Tier 2 visa holders from returning to the UK after the end of their periods of admission, is being removed. Instead, there will be simplified rules that ICT visa holders cannot have held an ICT visa for longer than five years in any six-year period, or nine years in any 10-year period if they are a high earner.
• Transitioning from Tier 2 (General) to Skilled Worker (or applying for indefinite leave to remain) and still relying on allowances. Allowances can be included in salary calculations for applicants who are applying before December 1, 2026, and were last granted permission as a Tier 2 (General) sponsored worker, provided they are still working for the same sponsor as in their previous permission, and the allowances are guaranteed for the duration of the applicant’s permission.
• Allowances can count toward the ICT threshold. The ICT salary threshold will remain as under Tier 2 (ICT) at £41,500 or the going rate for the role, whichever is higher. The role must also be at the higher Tier 2 RQF level 6. However, unlike under the Skilled Worker category, for ICT applications certain allowances can still count toward the salary threshold.

Timing

The Skilled Worker category will apply to anyone being sponsored to work in the UK in a position due to start on or after January 1, 2021. As of December 1, 2020, it is possible to submit Skilled Worker visa applications for EU and non-EU citizens starting work on or after January 1, 2021.

Migration Advisory Committee to Review the ICT Category

The current Tier 2 Intra-Company Transfer (ICT) route is a highly useful way to bring staff employed at international offices to the UK. As of January 1, 2021, the new Skilled Worker category will replace Tier 2 (General) and the new immigration system will also have a separate ICT category.

Last week, the Home Secretary asked the Migration Advisory Committee (MAC) to review how the ICT category in the new immigration system should work in the future. The MAC is to report back by October 2021, so any changes are unlikely to be made until the end of next year at the earliest. The MAC will consider a range of options that could make the new ICT category more useful.

New UK immigration system FAQs: https://www.kingsleynapley.co.uk/services/department/immigration/the-uks-new-immigration-system-what-you-need-to-know

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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 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 Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

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

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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9. ABIL Member / Firm News

Phil Curtis (bio: https://www.abil.com/lawyers/lawyers-curtis.cfm?c=US) was quoted by the Society for Human Resource Management in “Election 2020: Biden and Trump Differ Dramatically on Immigration.” He noted that there has been little rulemaking on immigration during President Trump’s first term. Instead, the administration has relied on agency policies, memos, and guidance. “A couple of big examples are the memo that said deference will not be given to prior adjudications, and higher adjudication standards generally.” https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/election-2020-biden-trump-differ-immigration.aspx Charles Foster, chairman of Foster LLP, was honored as the 2020 recipient of the Roy M. Huffington Award for Contributions to International Understanding. Mr. Foster’s practice, based in Houston, Texas, focuses primarily on representing multinational companies and foreign investors regarding U.S. immigration law. He served as senior immigration policy advisor to Barack Obama during his 2008 campaign. He currently serves as Chairman of Interfaith Ministries of the Greater Houston Advisory Board, Executive Committee Member of the Greater Houston Partnership, and others. In addition to his involvement in the community, Mr. Foster is the Honorary Consul-General for the Kingdom of Thailand and the Vice Dean of Houston’s Consular Corps. He is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization and is licensed to practice in the State of Texas. He is fluent in Spanish. Vic Goel (bio: https://www.abil.com/lawyers/lawyers-goel.cfm?c=US) and William Stock (Klasko Immigration Law Partners, LLP) were quoted by Forbes in “Trump Administration Issues Two New Rules To Restrict H-1B Visas.” https://www.forbes.com/sites/stuartanderson/2020/10/07/trump-administration-issues-two-new-rules-to-restrict-h-1b-visas/#30c33a285120 Gomberg Dalfen S.E.N.C. and Corporate Immigration Law Firm were included in Canadian Lawyer’s “Top Ten Immigration Law Boutiques for 2020.” Gomberg Dalfen assists foreign and Canadian businesses, individuals, and community organizations with all aspects of the inbound Canadian and Québec immigration processes. Their staff is fluent in English, French, Spanish and German, with capabilities in Russian, Mandarin, and Hebrew. CILF provides unique solutions to difficult immigration situations—such as visas for spousal sponsorship, getting essential workers across the border to install or service equipment, and allowing loved ones to see each other one last time. CILF takes pride in one-on-one service, especially to help support and reassure clients during the pandemic. Jeff Joseph, of Joseph and Hall, P.C., recently filed Purdue University et al. v. Scalia et al., a lawsuit challenging a Department of Labor interim final rule altering prevailing wage calculations. The plaintiffs represent a cross-section of affected academic institutions, businesses, organizations and trade associations. Also representing the plaintiffs are Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) and Greg Siskind, of Siskind Susser PC.Klasko Immigration Law Partners, LLP, published several new client alerts: “Court Halts Prevailing Wage Increase and H-1B Program Changes,” https://www.klaskolaw.com/news-politics/court-halts-prevailing-wage-increase-and-h-1b-program-changes/; and “Update on the November 2020 Visa Bulletin and Applying for Adjustment of Status,” Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm), Phillip Kuck, Jeff Joseph (Joseph & Hall PC), and Greg Siskind (Siskind Susser PC) were quoted in several media outlets about a recently filed case in which they represented plaintiffs—approximately 245 family, employment, and diversity-based visa applicants and their U.S. sponsors—who sued the Trump administration seeking relief from a Presidential proclamation banning the entry of skilled foreign workers into the United States:·         Law360, “Visa Seekers Say Trump Can’t Use Virus to Limit Immigration.” https://www.law360.com/california/articles/1327468/visa-seekers-say-trump-can-t-use-virus-to-limit-immigration ·         Moneycontrol News, “U.S. Visa Ban: Another Lawsuit Filed in U.S. Court Against June 22 Proclamation.” https://www.moneycontrol.com/news/business/us-visa-ban-another-lawsuit-filed-in-us-court-against-june-22-proclamation-6099511.html For more on this case, Anunciato v. Trump, see the related article in this newsletter. Mr. Kuck was quoted by Law360 in “Biden’s Win Means Big Business for BigLaw.” Mr. Kuck said, “In the immigration area of law, the Trump administration has made, on average, one regulatory or policy change each day since January 20, 2017. [Biden] will spend the next four years reversing virtually all of these administrative changes, and hopefully seeking a complete restructure of our immigration laws.” He added, “Virtually all immigration lawyers are busier than they have ever been. But we have been busy holding back the floodwaters in the dike, like the little Dutch boy. A President Biden will bring sanity back to our system, and a restorative effort to allow us to affirmatively assist our clients.” https://www.law360.com/corporate/articles/1323126/biden-s-win-means-big-business-for-biglaw Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) spoke on a panel, “Ethical Issues in Pro Bono Representation 2020,” under the aegis of the Practising Law Institute on December 10, 2020. The program highlighted ethical issues arising in pro bono representation across different legal disciplines. Mr. Mehta spoke about ethical issues arising in immigration pro bono practice with an emphasis on additional challenges that have arisen for immigration practitioners during the COVID-19 pandemic. https://www.pli.edu/programs/ethical-issues-in-pro-bono-representation Mr. Mehta was quoted by Forbes in “Facebook Lawsuit Raises Troubling Immigration Issues for Companies.” Among other things, Mr. Mehta said, “A U.S. employer is not required to hire the U.S. worker when conducting recruitment in conjunction with labor certification, and is required to conduct a good faith recruitment pursuant to recruitment rules, which DOL has acknowledged deviate from an employer’s normal recruitment practice.” Mr. Mehta‘s views on the Department of Justice’s lawsuit against Facebook being extremely problematic are reflected in a Times of India article, “U.S. Justice Dept. Files Lawsuit Against Facebook for Bias Towards Hiring H-1B Visa Holders.” He said that “it is rather odd that when Facebook followed the Department of Labor (DOL) rules regarding recruitment for a labor certification, another agency of the federal government accuses it of discriminatory practices.” He noted that Facebook “was not accused of violating the DOL rules,” and said that an employer “is not required to hire the U.S. worker and terminate the foreign worker who already holds the job often on an H-1B visa.” If the government “is not happy about the way Facebook conducted recruitment under the DOL rules, then the labor certification system must be reformed and Facebook should not be penalized with whopping penalties,” he said Mr. Mehta spoke at the 52^nd Annual Immigration & Naturalization Institute on December 3, 2020. The program was sponsored by the Practising Law Institute. Mr. Mehta’s panel was “Trends in Processing and Policy at USCIS—Practical Tips.” https://www.pli.edu/programs/immigration-and-naturalization-institute

Mr. Mehta was quote by the Times of India in “U.S. Senate Passes S. 386 Bill, Eliminates Country Cap for Employment-Based Green Cards.” He tweeted, “While S386 removes country of birth discrimination, the 50-50 provision will badly impact IT companies though they can still file H-1B extension and change of employer requests.”

Mr. Mehta was quoted by Scroll India in “Will Joe Biden and Kamala Harris Actually Undo the Anti-Immigrant Policies of the Trump Years?” He said, “Because India has so many more applicants, and because it’s such a large country, people born there have far worse backlogs than anyone else.” Mr. Mehta said this was a “fundamental problem in the immigration law that has not been reformed. But what Trump did was to kind of make it far harder to obtain and renew an H-1B visa, making the lives of thousands of Indians more difficult.” He also noted that there is much uncertainty each time an H-1B visa holder files for renewal, and now “the terrain has become even more difficult to negotiate. Life is just going to be more uncertain and more stressful for an Indian there—because a lot of Indians are in IT.”

Mr. Mehta was quoted by the Times of India in “Court Strikes Down Trump Admin’s H-1B Restrictions.” Mr. Mehta said, “The court found no justification for the government to issue these rules without going through the required notice and comment under the Administrative Procedure Act. Judge White also remained unconvinced regarding the government’s justification to bypass notice and comment due to unemployment caused by the Covid-19 pandemic as the Trump administration had been planning to issue these rules much before the pandemic. This ruling is another victory against a rule of the Trump administration that had no economic basis, and which would have harmed U.S. businesses as well as skilled foreign nationals employed in the U.S. on H-1B visas.”

Mr. Mehta‘s views were extensively reflected in a Times of India article, “Bid to Halt OPT Program for International Students Stemmed by U.S. District Court.” He said the decision is “great news for international students as they can look forward to getting permission to engage in practical training in the U.S. after they complete their studies. It is also good for American universities as they can continue to compete with universities in other countries to attract the best students. Obtaining practical training after successfully graduating from a U.S. university can nicely round off a stellar education, and provide the student a foray into a career, which in turn can benefit the U.S. or the home country or both.” https://bit.ly/3ot9Fid

Mr. Mehta was a speaker in a program, “Pandemic Backlight: Conversations on Justice, Equality and Immigration Reform in the Disinformation Age,” on November 14, 2020. This program was part of the FEZANA Talks. https://www.youtube.com/watch?v=910ylE0RHaI&feature=youtu.beMr. Mehta’s views are reflected in a Bloomberg Law article regarding a federal court decision invalidating DHS Secretary Wolf’s decision on DACA on the grounds that he was not lawfully appointed, “DHS Rules Jeopardized by Court’s Wolf Ruling Unless Senate Acts.” https://news.bloomberglaw.com/daily-labor-report/dhs-rules-jeopardized-by-courts-wolf-ruling-unless-senate-actsMr. Mehta authored several new blog postings: “Proposal for the Biden Administration to Reduce Backlogs: Count the Family Together So That They May Stay Together,” https://bit.ly/36YfrkL; and “What If the Job Duties Have Changed Since the Labor Certification Application Was Approved Many Years Ago?” http://blog.cyrusmehta.com/2020/10/what-if-the-job-has-changed-since-the-labor-certification-application-was-approved-many-years-ago.html Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) and Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) co-authored a blog, “Big-Picture, Clean-Slate Immigration Reforms for the Biden-Harris Administration,” published on thinkimmigration by the American Immigration Lawyers Association. https://thinkimmigration.org/blog/2020/11/19/big-picture-clean-slate-immigration-reforms-for-the-biden-harris-administration/Mr. Paparelli was quoted by the Society for Human Resource Management in “Election 2020: Biden and Trump Differ Dramatically on Immigration.” Mr. Paparelli said, “Biden’s ‘Build Back Better’ message sounds a lot like Trump’s Buy American, Hire American executive order. In some respects, the H-1B area [involving visas for foreign professional workers] will not be that different under a President Biden than under Trump.” https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/election-2020-biden-trump-differ-immigration.aspx

Bernard Wolfsdorf (bio: https://www.abil.com/lawyers/lawyers-wolfsdorf.cfm) was quoted by Voice of America News in “Experts Weigh Impact of U.S. Immigration Ban on Chinese Communists.” He said that a policy alert from U.S. Citizenship and Immigration Services banning from the United States “any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party, domestic or foreign,” unless otherwise exempt, was based on provisions added in the 1950s to the Immigration and Nationality Act, when communism was perceived as a direct threat to the United States. He noted that in the past, unless the individual held a relatively high post in the Communist Party or a sensitive post in the military, most of these cases did not result in inadmissibility findings. In contrast, he said that now he was seeing some changes already: “More recently, we are hearing anecdotal reports of an increased number of denials based on membership [in the Chinese Communist Party].” He said it was too early to predict the results of the new enforcement measures because the policy alert just came out last week. “To an experienced officer, they know who is likely to be a Communist Party member, and they are capable of doing an adequate inquiry to see whether their membership is meaningful,” he said. https://www.voanews.com/usa/experts-weigh-impact-us-immigration-ban-chinese-communists (English); https://www.voachinese.com/a/ccp-member-immigration-ban-2020-10-08/5612659.html (Chinese)

Wolfsdorf Rosenthal LLP has published several new blog postings: : “USCIS Announces Revised Version of the Civics Portion of the Naturalization Test,” “Don’t Say We Didn’t Tell You: Address Change Deadlines for Affidavit of Support Sponsors,” U.S. Visa and Consular Update Focusing on U.S. Consular Posts in Germany,” “Restrictive H-1B Rules Enjoined,” “DHS Extends U.S./Canada/Mexico Land Border Restrictions Until December 21, 2020,” “E-Verify/I-9 Flexibility Extended Through February 1, 2021 Due to EAD Production Delays,” “Adjustment of Status: The New Frontier for Restrictive Adjudications?,” “December Visa Bulletin Report,” and “Denaturalization and Permanent Residence: Is the Trump Administration on a Fishing Expedition?.” https://wolfsdorf.com/blog/ Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by the New York Times in ” ‘They’re Playing With Our Lives’: What Happens Next for DACA’s ‘Dreamers.’ ” He said, “DACA recipients cannot feel safe yet, for a variety of reasons. The only true solution for DACA recipients is legislation offering them a path to legalization. Given the polarization in Congress, that seems difficult to achieve.”Mr. Yale-Loehr was quoted by Univision in “Este viernes el gobierno publica regla final que endurece requisitos para pedir asilo en EEUU,” on a new final rule that toughens requirements to request asylum in the United States. The final rule “will radically restrict the ability of people fleeing persecution to obtain asylum in the United States,” he said. Among other things, Mr. Yale-Loehr cited the imposition of “various prohibitions, including failure to pay taxes.” He also mentioned a new definition of the term “persecution” that will impose a higher standard than the previous definition. He noted that the rule redefines membership in a “particular social group,” a change that “will generally exclude people who are fleeing persecution because they oppose gangs in their country. It will also restrict the possibility of applying for asylum based on gender. Even women fleeing sexual slavery at the hands of ISIS may not qualify for asylum,” he warned. Another modification in the final rule concerns the procedure to allow immigration judges to reject asylum applications without a hearing if they lack certain evidence, he said. “This will be particularly damaging to applicants without an attorney representing them.” Mr. Yale-Loehr characterized the rule as “the asylum hater’s dream. It will gut the system and, indeed, very few people will be able to obtain protection in our country.” He noted that the rule is scheduled to take effect in 30 days, just before the inauguration. “The courts could eventually overthrow it, arguing that it violates U.S. and international law,” he noted. https://www.univision.com/noticias/inmigracion/gobierno-publica-este-viernes-regla-final-de-asilo (Spanish)Mr. Yale-Loehr was quoted by the Washington Post in “A Maryland Immigrant Hoped to Delay His Deportation Until Biden Took Office. It Didn’t Work.” The article reports on a case in which a man who had been in the United States for 20 years and has three small U.S.-born children was followed in his car by an unmarked vehicle, pulled over, and deported. He said that unilateral actions by ICE grew increasingly common under the Trump administration, but vary by regional office. Mr. Yale-Loehr said that although such moves are legal, they go against the spirit of laws passed in sanctuary jurisdictions such as Prince George’s County, Maryland (where the incident occurred), which explicitly barred county agencies from engaging in immigration enforcement. https://www.washingtonpost.com/local/public-safety/maryland-immigrant-deported/2020/12/07/0678c202-30d1-11eb-96c2-aac3f162215d_story.html Mr. Yale-Loehr was quoted in the San Francisco Chronicle in “New Asylum Rule Bars Gays, Lesbians Facing Persecution, Immigrants Threatened With Violence.” Mr. Yale-Loehr said the rule is “an asylum-hater’s dream” that “will gut the U.S. asylum system. Effectively, very few people will be able to win asylum.” https://www.sfchronicle.com/nation/article/New-asylum-rule-bars-gays-lesbians-facing-15795663.php Mr. Yale-Loehr was quoted by the Dallas Morning News in “Will DACA Survive the Litigation Roller Coaster?” He said that a decision by a federal judge who was appointed by former President George W. Bush could be grim for DACA recipients. “Given Judge Hanen’s past decisions on this issue, I think he is likely to rule that the DACA program is illegal.” Appeals, or the issuance of new executive measures, could result in lengthy litigation before there’s a final decision, he said. https://www.dallasnews.com/news/immigration/2020/12/11/will-daca-survive-the-litigation-rollercoaster/ Mr. Yale-Loehr was quoted by Univision in “Cómo la regla final de asilo del gobierno de Trump deja sin opciones a los migrantes.” He said that a new final rule on asylum “will radically restrict the ability of people fleeing persecution to obtain asylum in the United States.” The final rule also revised the procedural rules “to allow immigration judges to deny asylum applications without a hearing if they lack certain evidence. This will particularly harm applicants without a lawyer,” he noted. https://www.univision.com/noticias/inmigracion/estas-son-las-claves-de-la-regla-final-de-asilo-de-trump Mr. Yale-Loehr was quoted by the Times of India in “New-Age Companies Like Airbnb Top
H-1B Salaries.” He said that all H-1B employers must pay the higher of either the prevailing wage for the job in the geographical area or the actual wage paid to other similarly situated workers in the company. “The prevailing wage varies, depending on the geographical location and the precise delineation of the job (e.g., level 1 computer systems analyst versus level 1 computer systems analyst). The actual wage also varies, depending on the company. For example, Netflix generally pays its technology workers more than other tech companies. The overall system isn’t perfect, but it isn’t supposed to depress wages for similarly employed U.S. workers.” https://bit.ly/2VGV0nn Mr. Yale-Loehr was quoted by the Houston Chronicle in “Kids Face Speeded Up Deportation.” The article discusses 18 youths “facing expedited removal proceedings in which Houston-area immigration judges ordered them to hand over complicated documentation on short notice” under a Department of Justice memorandum concerning new procedures in removal proceedings. Mr. Yale-Loehr said, “The Trump administration has attacked the immigration system in unprecedented ways over the past four years. This memo is just the latest salvo in their dying days to send people who have faced persecution back to their home countries.” https://bit.ly/33Oamut  Mr. Yale-Loehr was quoted in two media outlets about a court decision striking down the Trump administration’s public charge rule:·         Arizona Republic, “U.S. Court Rules Against Trump Administration’s Public Charge Rule, Which Critics Call ‘Wealth Test’ for Immigrants.” He said, “The decision joins several other courts in striking down the new ‘public charge’ rule as violating longstanding interpretations of immigration law.” Mr. Yale-Loehr predicted the Trump administration likely will ask the U.S. Supreme Court to stay the decision. https://www.azcentral.com/story/news/politics/immigration/2020/12/02/us-appeals-court-rules-against-trump-public-charge-rule/3802257001/ ·         Univision, “Court Battle Continues: Appeals Court Rules Against New Public Charge Rule.” He said the Trump administration will certainly ask the Supreme Court to suspend today’s decision. It remains to be seen if the incoming administration of Joe Biden will change course on this important immigration issue.” https://www.univision.com/noticias/inmigracion/una-corte-de-apelaciones-falla-en-contra-de-nueva-regla-de-carga-publica (Spanish)Mr. Yale-Loehr was quoted by Detroit News in “Metro Detroit Immigration Advocates: Hopes for Biden Tempered by Experience.” He said, “President Trump issued a lot of executive orders. And because he issues them as executive orders, a new president can also undo those executive actions. So, for example, the Muslim travel bans could be undone. President Biden could issue a new executive order reaffirming the Deferred Action for Childhood Arrivals Program for young ‘Dreamers,’ and perhaps make them feel more secure by allowing them to renew their status for two years, rather than the one year for which the Trump Administration currently has issued. President Biden could also undo the travel bans for temporary workers that are in place.” https://bit.ly/2HKOhoU (subscription required)Mr. Yale-Loehr was quoted by Correio Braziliense in “Twenty Days After Election, Trump Gives the Green Light for the Transition in the U.S.” He noted that Alejandro Mayorkas, who President-elect Biden intends to nominate as head of the Department of Homeland Security (DHS), “was director of U.S. Citizenship and Immigration Services under the Obama administration, then undersecretary of DHS. He has extensive experience in command of immigration and will be an excellent head of Homeland Security.” Regarding the new Secretary of State nominee, Mr. Yale-Loehr said he is betting that Antony Blinken will strengthen multilateralism. “He will give the State Department a firm hand and will work to improve the agency’s morale,” he said. https://bit.ly/2VaoLg3 (Spanish)Mr. Yale-Loehr was quoted by Law360 in “Trump Could Further Rattle Immigration Law Before His Exit.” Commenting on Trump administration efforts to rush efforts to finalize policies restricting legal immigration before he leaves office, Mr. Yale-Loehr said, “I fear that there will be no letup of immigration restrictions occurring between now and Inauguration Day.” https://www.law360.com/corporate/articles/1328486/trump-could-further-rattle-immigration-law-before-his-exit (available by registration)Mr. Yale-Loehr was quoted by Ideaspace.com in “How Do We Reconceptualize and Remake Our Immigration System for the 21^st Century?” Mr. Yale-Loehr said, “Our immigration laws have not been updated since 1990. But just as important, they haven’t been reconceptualized. So we’ve just tacked on different ideas. One idea applies to this visa category but not another. It would be great if Congress started from scratch and asked the question: What sort of immigration system should we have for the 21st Century? … It’s very clear that on a macroeconomic level immigration benefits the United States, but on the micro-level … people hear stories about their friend who was replaced by a foreign worker, they think, ‘Oh, immigration is bad.’ It’s easier for people to feel better about immigration when the economy is booming as opposed to when we’re in a recession. Also, when leaders are praising immigration or trying to portray immigrants as ‘rapists and thugs’—that’s a big part of it, too. It matters what leaders are saying and how they’re trying to educate the public.” Commenting on a report Mr. Yale-Loehr co-authored, “Recruiting for the Future: A Realistic Road to a Points-Tested Visa Program in the United States,” Mr. Yale-Loehr said, “You can set up points for anything you want. In the system we came up with we suggested offering points if you’re a woman, or if you come from a developing country. Traditional point systems would be biased toward white males from European countries. It’s easier for someone in Europe to have a PhD than someone in Africa. So the question is how do you overcome that? No system is going to be perfect but the point system is definitely something to consider.” He argued in favor of an incremental approach that is more politically plausible than asking Congress to tackle comprehensive immigration reform right away. He said he hopes a pilot program can grow, especially if it is designed to remain fluid and responsive to geopolitical and economic dynamics. He also noted that with a point system, “we could at least make something that is more transparent for employers, Americans, and potential immigrants.” Article: https://ideaspace.com/state-of-play/how-do-we-reconceptualize-and-remake-our-immigration-system-for-the-21st-century/; “Recruiting for the Future” report: https://www.lawschool.cornell.edu/information-technology/upload/Immigration-Points.pdf Mr. Yale-Loehr co-authored an op-ed, “President-elect Biden: Eliminate Chaos as a Deliberate Immigration Tactic,” published in The Hill. The article notes that the “cumulative impact of the policy assault against immigrants is far greater than any one change,” and recommends actions President-elect Joe Biden can take to rebuild immigrants’ trust in America. https://thehill.com/opinion/immigration/525626-president-elect-biden-eliminate-chaos-as-a-deliberate-immigration-tactic Mr. Yale-Loehr was quoted in various media outlets about possible immigration changes under the Biden-Harris administration:·         Los Angeles Times, “On Latin America, Biden’s Brand of Diplomacy Will Be a Major Shift From Trump.” Mr. Yale-Loehr said President-elect Biden will “walk a tightrope on dealing with immigration at the U.S.-Mexico border.” He said, “If people believe the U.S. government is becoming more liberal on immigration, we may see a new wave of people … try to enter the U.S. But if the new administration continues the hardline approach of the Trump administration, Biden will be called ‘deporter in chief,’ just as former President Obama was.” Mr. Yale-Loehr predicted that Biden will move cautiously, perhaps temporarily maintaining the controversial “Remain in Mexico” policy for asylum-seekers while adding judges to expedite immigration cases. https://www.latimes.com/world-nation/story/2020-11-15/biden-administration-latin-america-foreign-policy·         Associated Press, published by many newspapers, including U.S. News and World Report, “Some Big, Early Shifts on Immigration Expected Under Biden.” Mr. Yale-Loehr predicted it would “take four years to undo all the damage that the Trump administration has done.” https://www.usnews.com/news/politics/articles/2020-11-10/some-big-early-shifts-on-immigration-expected-under-biden ·         Chronicle of Higher Education, “Biden’s Victory Has Elated International Students, But the Road to Lasting Reform is Long.” Mr. Yale-Loehr said President Trump has “effectively built an invisible wall.” He noted, ” Those who choose to come to the U.S. to contribute to our campuses and our communities need to know that in choosing to do so there will be processes in place that are fair, which they can rely upon to make choices for themselves and their families.” https://www.chronicle.com/article/bidens-victory-has-elated-international-students-but-the-road-to-lasting-reform-is-long ·         Latitudes, “A Biden Agenda.” Mr. Yale-Loehr noted that the future President Biden could use presidential orders to set policy, but noted that he could face legal challenges to his authority from a variety of entities, including conservative states and anti-immigration organizations.Mr. Yale-Loehr was interviewed by WVBR about the impact of recent H-1B rules on international students. https://bit.ly/2IdVmhR Mr. Yale-Loehr was quoted by Study International in “A Biden Win is a Win for International Students in the U.S.—Here’s Why.” He said that President-elect Biden could revoke Trump administration regulations and policies that make it harder for international students to obtain student visas and limit their stay in the United States, but that any regulations finalized before President Trump leaves office would mean that the new administration would need to go through the lengthy regulatory process again. The rules could also be undone through the Congressional Review Act if Congress acts within 60 days. Mr. Yale-Loehr also noted that the new President could reverse a Department of Education emergency rule blocking international students in the United States from receiving COVID-19 pandemic relief funding. https://www.studyinternational.com/news/biden-international-students-in-the-us/ Mr. Yale-Loehr was quoted by Bloomberg Law in “Court Voids Public Charge Rule Denying Immigrants U.S. Entry.” Commenting on a federal court decision striking down the Trump administration’s new public charge rule, he said, “The government is sure to appeal to the Seventh Circuit and try to get a stay of this decision even though the appellate court has already ruled the plaintiffs are likely to win.” https://news.bloomberglaw.com/us-law-week/trumps-public-charge-rule-to-deny-immigrants-u-s-entry-vacated Mr. Yale-Loehr was quoted by Education Dive in “How Would Biden’s Immigration Proposals Affect International Students?” Mr. Yale-Loehr said that a President Biden could revoke proposed regulations limiting international student visas to four-year periods and setting up new procedures for extending their stay. However, if the regulations are finalized before President Trump leaves office, a new administration would need to go through the lengthy regulatory process again, unless Congress undoes them through the Congressional Review Act. More pressing, he said, are the pandemic’s effects on international and unauthorized students, and the Department of Education’s refusal to grant them coronavirus relief funding, a decision that could also be reversed. https://www.educationdive.com/news/how-would-bidens-immigration-proposals-affect-international-students/588092/ Mr. Yale-Loehr was quoted by Law360 in “Salary-Based H-1B Visas May Leave Out Foreign Grads.” Commenting on a Trump administration proposed rule to eliminate the H-1B visa lottery and instead award visas to candidates offered the highest salaries, he said, ” I think it is going to hurt innovation because many times it’s the people right out of grad school who have been doing cutting-edge research.” https://www.law360.com/technology/articles/1324141/salary-based-h-1b-visas-may-leave-out-foreign-grads (available by registering)Mr. Yale-Loehr was quoted by Univision in “El gobierno ya no otorgará al azar las visas H-1B para profesionales extranjeros: te contamos a quién afecta.” He said, “The new rule would eliminate the current random selection system and instead select H-1B workers based on their wages. The highest paid workers would be allowed to file an H-1B petition. But workers offered lower wages may not be able to petition if more than 85,000 higher-wage H-1B workers filed first.” Mr. Yale-Loehr noted that “[b]y effectively increasing the wages of H-1B workers, the proposed rule would hurt all employers trying to hire foreign temporary professional workers, but especially schools, start-ups, and smaller businesses that cannot afford the high wages that Silicon Valley high-tech companies and other large companies offer H-1B workers.” He further said that “the announced rule is based on the preservation of jobs for American workers. However, the administration does not understand that many nonimmigrant workers, especially highly skilled foreign workers, help the economy grow. For example, one study found that each H-1B worker creates about five jobs for US workers in the tech sector.” https://bit.ly/2HRMVc6 (Spanish)Mr. Yale-Loehr was quoted by the Cornell Chronicle in “Webinar Highlights Advocacy for International Students.” Mr. Yale-Loehr, who presented the webinar, “Ballots and Borders: Election 2020: What’s at Stake for International Students and Scholars,” said that “Cornell is advocating for its international students, scholars and faculty in a number of ways. Most importantly, Cornell is a plaintiff in a lawsuit challenging new arbitrary wage increases on certain professional foreign workers and will soon contribute a comment criticizing a proposed regulation to limit the length of visas for international students and scholars.” https://news.cornell.edu/stories/2020/10/webinar-highlights-advocacy-international-students
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