In this issue:

1. VISA OPTIONS FOR TELECOMMUTERS/REMOTE WORKERS: AN OVERVIEW – This article provides an overview of visa options for telecommuters and remote workers in several countries.

2. COLOMBIA – There is a new regime for visa procedures and processing.

3. ITALY – A faster immigration procedure for limited categories of work permits has been introduced. The Italian minister of internal affairs has announced that a new Decreto Flussi will be published soon, with a planned number of 75,000 quotas for work. Also, Italy has introduced a new visa for seafarers (yacht crew).

4. MEXICO – There is a new visa requirement for Brazilian nationals.

5. RUSSIA – There are a variety of new developments: COVID-19 restrictions have been lifted. Ukrainian citizens can receive Russian citizenship through a simplified procedure. The labor code has been amended regarding medical insurance for foreign workers. There are additional developments in medical examination requirements and residence permits. Address registration requirements for citizens of Uzbekistan have been relaxed.

6. SCHENGEN AREA – What’s next in the Schengen Area? This article provides highlights on the new automated Entry/Exit System and the European Travel Information and Authorization System.

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

8. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – August 2022

1. VISA OPTIONS FOR TELECOMMUTERS/REMOTE WORKERS: AN OVERVIEW

This article provides an overview of visa options for telecommuters and remote workers in several countries.

INTRODUCTION

What began during the pandemic as a way for countries seeking to mitigate economic losses due a sharp decline in tourism by introducing digital nomad visas has developed into a broader trend aimed at providing viable options to reflect the economic reality of remote work. This has led to the introduction of new digital nomad visas, the revision of policies connected to existing visa programs, and the rediscovery of existing visa categories conducive to remote work. Below is a brief survey of the new and old remote work visa options in several countries.

Barbados

Barbados was among the early adopters of digital nomad visa programs. The Barbados program remains attractive for its easy application process and low cost. Its 12-month Welcome Stamp digital nomad visa requires only that the foreign national demonstrate evidence of a salary of at least US $50,000 per year for a position with a company based outside Barbados. If this requirement is met, the application can be submitted via a streamlined online process under which application fees are only due once the application is approved. To make the program even more appealing, foreign nationals present in Barbados under the program are not subject to income tax.

Colombia

Resolution 5477, effective October 20, 2022, creates a Visitor Visa for Digital Nomads, among other things. This new category will allow foreigners to work remotely from Colombia, through digital media and the Internet, for foreign companies or create digital content or information technology startups of interest for Colombia, by means of a permit or visa, depending on the particular circumstances.

Italy

Italy is introducing the categories of Digital Nomads and Remote Workers, defined as “citizens of a third country who carry out highly qualified work activities through the use of technological tools that allow work remotely, autonomously, or for a company based outside Italy.”

The Digital Nomad Visa will be under the category of permits of stay that Italy grants to third-country nationals to allow them to carry out their work remotely. The proposal submitted to the Houses of Parliament has been approved and converted into law (L. 55 del 28 Marzo 2022, art. 6-quinquies). The implementing provisions, such as the application requirements and the procedure for granting and issuing the permit, will be transposed into the Italian Consolidated Immigration Law—Testo unico sull’immigrazione (Legislative Decree no. 286 of 1998).

For these categories of workers, it will not be necessary to apply for a work permit before applying for the visa. A visa will be issued on the basis of the availability of comprehensive health insurance, covering all risks in Italy and provided that tax and social security obligations are met.

This permit is expected to apply both to:

• Nationals of a third country who are self-employed or employed for a non-resident company in the territory of the Italian State; and
• Nationals of a third country who carry out their activities in Italy.

To enable this type of visa, the Italian government will issue a decree implementing this decision. Unfortunately, such decree has not been issued yet.

Mexico

Mexico has long had what is essentially a digital nomad visa without the trendy “digital nomad” name. For those foreigners seeking to come to Mexico and continue working remotely for a foreign company, Mexico offers the Non-Lucrative Temporary Resident Card (TRC), which will allow them to reside in Mexico, initially for one year, and up to four consecutive years if the corresponding renewals are requested while they continue on the payroll of a foreign company. Applicants can prove sufficient funds to qualify for the visa by presenting evidence either of a regular monthly salary or of significant liquid funds (e.g., funds in a checking or savings account).

The TRC allows employees to carry out their work remotely. The card gives the employee the right to open bank accounts, lease a house or apartment, and rent a car.

Application for a TRC must be made directly at a Mexican consulate abroad. The applicant must provide evidence to the consular officer who interviews him of the reason why the applicant is coming to Mexico. If the interview is successful, the consular officer will grant a consular visa. Upon arrival in Mexico, the applicant will have his FMM (immigration form received during the flight into Mexico) validated and, immediately afterwards, must exchange the consular visa and FMM for a TRC by visiting the local office of the National Immigration Institute (INM) at the port of entry.

The TRC has historically been a popular option with foreign nationals who need to leave the United States due to immigration issues (e.g., not being selected in the H-1B lottery or maxing out of H-1B time) but wish to remain nearby and be able to perform their U.S.-based work remotely. Although from an immigration perspective this type of visa allows the foreigner to work remotely, employment and tax issues must be considered. A case-by-case assessment is recommended.

Portugal

Portugal has long had the D7 visa for those who wish to spend an extended period of time there, often in retirement. It has historically been granted to those who can demonstrate proof of ongoing stable passive income, such as from a pension, real estate, or investment dividends, together with a clean criminal record and sufficient health insurance, among other requirements. Although Portugal has not introduced a new digital nomad visa, the country has informally relaxed its policies so that it is now possible for foreigners who will have income from remote work (as opposed to passive income from a pension or other non-work source) to obtain the D7 visa. Evidence of monthly income of at least EUR 705 is required to qualify, together with the usual evidence of a clean criminal record and adequate health insurance coverage, as noted above. The low monthly income requirement and affordable cost of living in Portugal make it a particularly attractive option for digital nomads.

Spain

As with Portugal, Spain has long had a residence visa option for retirees/passive income recipients, known as the Non-Lucrative Visa. This option requires proof of income equivalent to 400 percent of the Spanish Public Indicator of Income of Multiple Effects (IPREM), which amounts to a monthly income of approximately EUR 2317. There has been debate over the years as to whether it is possible to work remotely in Spain on a Non-Lucrative Visa, with various Spanish consulates disagreeing on their approach and requirements. It appears that the Spanish government is taking a harder line recently against allowing foreign nationals to qualify for a Non-Lucrative Visa on the basis of remote work. This may be because Spain has now taken action toward introducing a new digital nomad visa type specifically for remote work. This new visa type will allow those who work for a company outside Spain to reside in Spain. It also includes special tax provisions addressing how digital nomads will be taxed, which is helpful as this is unclear in some countries with similar programs. It is not yet possible to apply for the digital nomad visa, so it remains to be seen exactly what Spanish consulates will require for applications, although it is generally expected that requirements will include an employment contract with a company outside Spain evidencing sufficient income to live in Spain, plus the usual evidence of a clean criminal record and adequate health insurance.

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2. COLOMBIA

There is a new regime for visa procedures and processing.

On July 22, 2022, the Ministry of Foreign Affairs issued Resolution 5477 regarding the procedural, administrative, and processing aspects of visas in Colombia. The resolution is effective October 20, 2022.

Among other things, the resolution provides for a digital nomad visitor visa (see feature article above). Also created by the resolution is an Internationalization Promotion Visa, for foreigners with a master’s, doctorate, or postdoctorate degree in basic or applied sciences, engineering, mathematics, or related fields, whose profiles meet Colombia’s priorities or contribute to the adoption and/or adaptation of technologies that strengthen Colombia’s competitiveness. Although the Technical Assistance Visitor Visa will be valid for up to two years, the stay is limited to 180 continuous or discontinuous days in 365 days counted from issuance of the visa. The Resident Investor Visa will disappear, and a foreigner will need to apply for a Migrant Visa and be able to apply for a Resident Visa on the basis of accumulated time. Also, a Seasonal Agricultural Worker Visitor Visa is created, and student visas are regrouped into a single category, the Visitor Visa for Students.

Details:

“15 Things You Should Know About the New Regime Applicable to Visas in Colombia,” Tannus & Asociados, https://tannus.co/en/15-things-you-should-know-about-the-new-regime-applicable-to-visas-in-colombia/

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3. ITALY

A faster immigration procedure for limited categories of work permits has been introduced. The Italian minister of internal affairs has announced that a new Decreto Flussi will be published soon, with a planned number of 75,000 quotas for work. Also, Italy has introduced a new visa for seafarers (yacht crew).

Faster Immigration Procedure for Limited Categories of Work

The procedure for obtaining work permit (Nulla Osta) clearance for non-European Union (EU) citizens in relation to the application for subordinate work under the 2021 and 2022 Decreto Flussi (to be announced soon) has been officially simplified.

This measure has been introduced by the government as Italy is facing a shortage of manpower in many production sectors (e.g., manufacturing, agriculture, catering).

However, the simplification measure does not apply to all types of work permits. Specifically, this procedure will apply to work permit applications for subordinate work submitted under the Decreto Flussi of 2021 and 2022. It does not apply to intra-company permits, Blue Card permits, and other permits for special categories of workers set forth under article 27 of the Immigration Law (e.g., journalists, nurses, translators, researchers).

Details of the simplification procedure:

• Timing:
  1) The work permit will be issued within 30 days, instead of 60 days.
  2) The visa will be issued within 20 days from the day of its request.
• Requirements to start working in Italy:
  The work permit issued under the conditions specified above will be considered as authorization to carry out the work activity on the national territory even without prior signing of the contract of stay and request for a residence permit for work reasons.

This does not mean that the signing of the contract of stay and the request for a residence permit are not required. The simplification procedure allows the foreigner to start working before carrying out these formalities, but they must be completed in the manner requested by the Italian authorities. Furthermore, if the Italian authorities later find out that the foreigner does not comply with all the requirements, the work permit and visa can be revoked.

Decree With Additional Immigration Quotas To Be Approved Soon

The Italian minister of internal affairs has announced that a new Decreto Flussi will be published soon, with a planned number of 75,000 quotas for work. There is a lack of staff in specific sectors of activities, the minister said.

The decree is expected not only to increase the quotas in the unskilled work sector (highly skilled workers are exempt from obtaining quotas so will not be affected by the decree) but also to make available new quotas for conversion from study to work and self-employment, including startup visas.

Visa for Seafarers (Yacht Crew)

Italian Immigration rules for work permits and/or visas are not simple, and the situation for some sectors can be troublesome because legislation does not always provide specific types of work permits. The approval of a new rule is expected to help the immigration process for seafarers. Italy has introduced a new visa for seafarers (yacht crew), which does not require them to apply for a work permit.

Key points include:

• Seafarers will be able to apply for this visa directly at the Italian consulate.
• The visa is for seafarers/crew members who need to board EU or non-EU flagged vessels based in Italian harbors.

Details:

• Articles, Mazzeschi, https://www.mazzeschi.it/insights/articles/

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4. MEXICO

PASTE_TEXT_HERE

There is a new visa requirement for Brazilian nationals.

On August 3, 2022, an agreement was published in the Official Gazette requiring Brazilian nationals to obtain a consular Visitor Visa before entering Mexico. As of August 18, 2022, all Brazilians, including those traveling by air, who wish to enter the Mexican national territory as visitors without remunerated activities (e.g., Tourists or Business Visitors) must apply for a consular visa at the Mexican consulate closest to their residence, which will allow them to enter Mexico for up to 180 days. If a Brazilian national possesses any of the documents or visas listed below, a Mexican consular visa is not needed:

• A valid and in-force visa granted by the government of Canada, the United States, Japan, the United Kingdom, or Northern Ireland, or by any country that is part of the Schengen area;
• Documented permanent residence in the United States, Canada, Japan, United Kingdom, or Northern Ireland, or in any country that is part of the Schengen area or permanent residence in Colombia, Chile, or Peru (countries that are part of the Pacific Alliance); or
• An Asia-Pacific Economic Cooperation (APEC) Business Travel Card.

Details:

• “Mexico’s Ministry of the Interior Issues New Visa Requirement for Brazilian Nationals Traveling to Mexico,” National Law Review, Aug. 7, 2022, https://www.natlawreview.com/article/mexico-s-ministry-interior-issues-new-visa-requirement-brazilian-nationals-traveling

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5. RUSSIA

There are a variety of new developments: COVID-19 restrictions have been lifted. Ukrainian citizens can receive Russian citizenship through a simplified procedure. The labor code has been amended regarding medical insurance for foreign workers. There are additional developments in medical examination requirements and residence permits. Address registration requirements for citizens of Uzbekistan have been relaxed.

COVID-19 Restrictions Lifted

On July 15, 2022, a Government Order came into force that lifted all previously implemented restrictions for entry and exit to and from Russia by Russian citizens and foreign citizens irrespective of their citizenship, as well as purpose, grounds, points of entry, and other conditions implemented in connection with the COVID-19 pandemic.

All foreign citizens are no longer required to be entered into the Ministry of Internal Affairs and the Federal Security Service lists in order to enter Russia. For entry, foreign citizens need all the usual documents (passport, visa if necessary), and additionally it is still necessary to present a negative PCR-test done not earlier than 48 hours before crossing the border. The PCR test requirement does not apply to citizens of the Republic of Belarus or citizens of the EA/EU traveling across land borders into the Russian Federation.

Restrictions for issuance of e-visas for short visits also have been lifted.

Presidential Order: Ukrainian Citizens Can Receive Russian Citizenship Through a Simplified Procedure

On July 11, 2022, a Presidential Order came into force that amended previously issued orders introducing simplified procedures for obtaining Russian citizenship for several categories of foreign nationals. According to the order, Ukrainian citizens and their spouses, parents, and children (including adopted) can apply for Russian citizenship under a simplified procedure. Among other things, it is not necessary to have a source of income in Russia or prove residence in Russia. Submitted applications are reviewed within three months from the date of filing.

Medical Insurance for Foreign Workers: Amendments to the Labor Code

On July 14, 2022, a Federal Law came into force that amended the Labor Code, in part connected with a requirement that foreign nationals who perform labor activities in Russia must be insured.

At the moment, all foreign nationals who perform labor activities in Russia must have voluntary medical insurance. Employers must indicate the voluntary medical insurance certificate (or agreement for provision of voluntary medical insurance) data in the labor agreement signed with the employee.

Starting January 1, 2023, this requirement will be abolished for all foreign workers except for highly qualified specialists who temporarily reside in the territory of the Russian Federation.

It appears, that highly qualified specialists who acquired residence permits on the basis of their HQS work permits will also be exempt from the voluntary medical insurance requirement.

Medical Exams, Residence Permit Simplified Procedure, Temporary Residence Permit for Foreign Students

On July 14, 2022, a Federal Law came into force that amended several laws on the status of foreign citizens in the Russian Federation.

Medical examination of foreign citizens:

• Highly Qualified Specialists now must undergo medical examination not annually but when they apply for a work permit extension.
• Foreign citizens who entered the Russian Federation before December 29, 2021, for purposes not related to their labor activities, for a period exceeding 90 calendar days, or for the purpose of carrying out labor activities, must undergo medical exams, fingerprinting, and photographing procedures within 180 days starting July 14, 2022.
• Foreign citizens who have the right to perform work activities in the Russian Federation without a work permit or patent (citizens of the EA/EU) must undergo medical exams, fingerprinting, and photographing procedures within 30 calendar days from the date of the labor agreement signing (in case they change the purpose of visit), but in any case not later than 90 calendar days from the date of entry to Russia.

Residence permit—simplified procedure:

• Citizens of Ukraine, Kazakhstan, and Moldova can apply for a permanent residence permit, skipping the stage of the temporary residence permit. Additionally, citizens of Ukraine are exempt from the requirement of passing Russian language, history, and basics of legal knowledge tests when applying for temporary or permanent residence.
• Foreign investors can also apply for a permanent residence permit without the temporary residence permit stage. To benefit from this program, they must meet criteria to be established by the government (the criteria have not yet been defined). This will come into force on January 10, 2023.

Change of entry purpose/temporary stay of foreign nationals in Russia:

• The temporary stay of a foreign national in the Russian Federation can be extended if the foreign citizen has filed documents for a temporary residence permit, permanent residence permit, or an application for Russian citizenship based on the fact that he or she is a native speaker of the Russian language, or an employer of the foreign citizen has filed an application for a highly qualified specialist work permit or for extension of the highly qualified specialist work permit.
• Foreign citizens who can enter the Russian Federation without a visa can change their purpose of visit within Russia without having to leave and re-enter the country again and file documents. Documentation for a change of the purpose of visit must be filed at the local migration office of the Ministry of Internal Affairs. Also required are fingerprinting and photographing procedures, as well as a medical examination. The time for application review can be shortened if a foreign citizen has their Tax Identification Number and this number is indicated on the application—in such cases, the application will be reviewed within five business days. If the Tax ID number is not indicated on the application, it will be reviewed within 10 business days.

Foreign students:

A new type of temporary residence permit has been introduced for foreign students who study in Russia under the following conditions:

• The study is full-time

• The study program is for a bachelor’s degree, specialty, master’s degree, residency program, or assistant internship

• The study program has state accreditation or this is a scientific or science teacher program in a graduate school (adjunct)

• The study is in a state educational or scientific organization

• The educational organization is in the territory of the Russian Federation

On this basis, the temporary residence permit is issued for the entire period of study plus 180 days after graduation. The application is reviewed within two months.

Foreign citizens who have received temporary residence permits using this program are exempt from the requirement to file yearly notifications confirming their stay in the Russian Federation.

Within three years after graduation, a foreign student who has a temporary residence permit acquired under this program can apply for a permanent residence permit.

The amendments related to the temporary residence permit for students are effective January 1, 2023.

Agreement With Uzbekistan: Relaxation of Address Registration Requirements

On June 4, 2022, an Agreement between the Government of the Russian Federation and the Government of the Republic of Uzbekistan came into force. According to the agreement, citizens of Uzbekistan have 15 calendar days to file for address registration after entry into the Russian Federation. Previously, address registration had to be obtained within 7 business days of arrival. The 15-calendar-day period is counted from the date of entry as indicated on the migration card.

The same right is enjoyed by Russian citizens entering Uzbekistan.

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6. SCHENGEN AREA

What’s next in the Schengen Area? This article provides highlights on the new automated Entry/Exit System and the European Travel Information and Authorization System.

New automated Entry/Exit System (EES)

The Entry/Exit System (EES) is an automated IT system for registering travelers from third countries, both short-stay visa holders and visa-exempt travelers, each time they cross an EU external border. The EES will replace the current system of manual stamping of passports, which does not allow for the systematic detection of overstayers (travelers who have exceeded the maximum duration of their authorized stay).

It is expected to be operational in 2022 (starting date to be confirmed). The system will register the person’s name, type of travel document, biometric data (fingerprints and captured facial images), and date and place of entry and exit.

The EES is intended to contribute to preventing irregular migration and to identifying overstayers more efficiently (and automatically) as well as cases of document and identity fraud.

European Travel Information and Authorization System

Starting in May 2023, non-European Union (EU) nationals who do not need a visa to travel to the Schengen Area will need to apply for travel authorization through the European Travel Information and Authorization System (ETIAS) before their trip. The system aims to carry out pre-travel screening for security and migration risks of visa-exempt visitors and will be a mandatory pre-condition for entry to the Schengen States.

Applicants will file an online application form, and the system will issue travel authorization in most cases within minutes or, where further checks on the traveler are needed, within 30 days. Applicants will need to submit information to answer questions about the Member State of their first intended stay, the purpose of their trip, background relating to previous criminal records, presence in conflict zones, and orders to leave the territory of a Member State or third countries. The applicant must report any criminal offense listed over the previous 10 years and, in the case of terrorist offenses, over the previous 20 years, including when and in which country.

Details:

• How to Count Your Schengen 90 Days, Marco Mazzeschi, https://medium.com/studiomazzeschi/how-to-count-your-schengen-90-days-ee96f5d25326

“Can You Enter the Schengen Area If You Have Past Criminal Convictions?,” Marco Mazzeschi, https://mm-63015.medium.com/can-you-enter-the-schengen-area-if-you-have-past-criminal-convictions-e2280bcc2ccb

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7. New Publications and Items of Interest

Understanding the UK visa categories. Kingsley Napley has released PowerPoint slides from its first webinar, “Immigration Rules Update – Understanding the UK Visa Categories.”

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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8. ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has released several new episodes in the Statutes of Liberty podcast series. In “Episode 29: EB-5 Regional Centers,” Klasko EB-5 attorneys discuss the latest updates to the EB-5 regional center program and what that means for investors, developers, and brokers. They also address what role they played in recent litigation and give advice on next steps for EB-5 clients. Attorneys Ron Klasko, Dan Lundy, and Allison Li address questions on what a federal district court judge’s preliminary injunction means and more, including:

• Is the regional center program fully operational now?
• Can regional centers file project approval applications now?
• When can investors file I-526s?
• Are there any risks for investors who file I-526 petitions?
• What if an existing regional center wants to change or extend its geographic territory?

In “Episode 28: Introduction to the EB-1 Visa,” , Klasko’s EB-1 attorney team discusses the fundamentals of EB-1, gives an overview on how to prepare for a successful EB-1 petition, and covers ways to increase your chances of approval. Anu Nair, Allie Dempsey, and Nigel James answer these need-to-know questions before starting your EB-1 application:

• Do you need a sponsor?
• What are the benefits?
• What criteria are needed?
• What are some alternative options?

The podcast episodes are available at .

Kristin Peresta, of Klasko Immigration Law Partners, LLP (KILP), was recently awarded the Lisa Felix Award. Lisa Felix was an attorney at KILP who died in 2020 after a long illness. Ms. Peresta, KILP’s Director of Client Communications & Workload, was awarded the inaugural Lisa Felix Award “for her innate ability to spread unconditional, unwavering, and selfless kindness among the KILP community.”

Alison Li has joined Klasko Immigration Law Partners, LLP, as an associate attorney. She has nearly a decade of immigration law experience and works with regional centers, developers, and investors who seek to use foreign investment capital under the EB-5 program to fund job-creating projects. In addition to her work in EB-5, Ms. Li has assisted numerous clients in obtaining E, H, and L visas, among others. She has experience in consular processing through U.S. embassies and consulates worldwide. https://chambers.com/articles/klasko-immigration-law-partners-welcomes-associate-alison-li

Charles Kuck (bio: https://www.abil.com/abil-lawyers/charles-kuck/) was on a panel discussing Georgia’s six-week ban on abortions that is pending in courts. Mr. Kuck was quoted as saying that federal courts have never taken away a right that people already had, which leaves the right up to the states to guarantee. GPB News, June 27, 2022, https://www.gpb.org/news/2022/06/27/political-rewind-georgias-six-week-ban-on-abortions-pending-in-courts-candidates

Robert Loughran (bio: https://www.abil.com/abil-lawyers/robert-f-loughran/) released several Foster LLP announcements:

• Chairman Charles Foster discussed U.S. immigration policy and border protection on a recent episode of KPRC Newsmakers with Khambrel Marshall. Click here to watch the interview:
• Avalyn Langemeier presented “Next Level Immigration Knowledge—Latest Updates and Impacts” at HR Houston’s Gulf Coast Symposium on July 27, 2022. She discussed the latest updates to immigration policy and the impact they will have on the immigration process. https://www.hrhouston.org/mpage/GCS22_Home
• Oxana Bowman and Brenda Hicks presented “Riding the Pandemic Roller Coaster with H-1B Workers—A Review of H-1B Requirements When Employment Terms Change” at HR Houston’s Gulf Coast Symposium on Thursday, July 28. She provided HR professionals with a basic understanding of the special requirements related to changes in the employment of H-1B workers. https://www.hrhouston.org/mpage/GCS22_Home

Cyrus Mehta (bio: https://www.abil.com/abil-lawyers/cyrus-d-mehta/) has been named Editor-in-Chief of the American Immigration Lawyers Association Law Journal. Mr. Mehta is Managing Partner of Cyrus D. Mehta & Partners PLLC in New York City and is a graduate of Cambridge University and Columbia Law School. He has served in varied national roles with AILA, currently continuing his long-time service with AILA’s Ethics Committee as Vice Chair. Mr. Mehta is a board member of the New York Immigration Coalition and is a board member of Volunteers of Legal Services. He is also special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate Division, First Department, New York. https://www.aila.org/advo-media/press-releases/2022/aila-law-journal-welcomes-new-editor

Cyrus Mehta (bio: https://www.abil.com/abil-lawyers/cyrus-d-mehta/) authored several new blog posts: “The Long, Windy, Bumpy, and Outrageous Road to Labor Certification,” http://blog.cyrusmehta.com/2022/08/the-long-windy-bumpy-and-outrageous-road-to-labor-certification-feat-two-sunday-ads.html; and “Considerations When Terminating a Foreign Worker,” http://blog.cyrusmehta.com/2022/07/considerations-when-terminating-a-foreign-worker.html

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: “Justice Barrett and the Fate of the Mayorkas Prosecutorial Discretion Memo,” http://blog.cyrusmehta.com/2022/08/justice-barrett-and-the-fate-of-the-mayorkas-prosecutorial-discretion-memo.html; and “A Practical Guide to Spending the 3 and 10 Year Bars in the United States,” http://blog.cyrusmehta.com/2022/07/a-practical-guide-to-spending-the-3-and-10-year-bars-in-the-us.html

Angelo Paparelli (bio: https://www.abil.com/abil-lawyers/angelo-paparelli/) has authored a new blog post, “A Snitch in Time Saves How Many?—Incentivizing Noncitizens to Report Employment Law Violations.” https://www.nationofimmigrators.com/biden-administration-immigration-policies/a-snitch-in-time-saves-how-many-incentivizing-noncitizens-to-report-employment-law-violations/

Wolfsdorf Rosenthal Immigration and Banias Law filed a complaint in the U.S. District Court for the District of Columbia on August 5, 2022, on behalf of hundreds of Chinese foreign national plaintiffs. The complaint asks the court to compel the Department of State to authorize FY 2022 EB-5 immigrant visa numbers to be allocated to all plaintiffs and their families by September 30, 2022, and to process their immigrant visa applications promptly. https://wolfsdorf.com/press-release-wr-immigration-files-lawsuit-to-stop-wastage-of-eb-5-investor-visas/

Wolfsdorf Rosenthal LLP has posted several new blog entries: “Italy: Faster Immigration Procedure for Limited Categories of Work,” https://wolfsdorf.com/italy-faster-immigration-procedure-for-limited-categories-of-work/; “USCIS Confirms Validity of Previously Designated EB-5 Regional Centers,” https://wolfsdorf.com/uscis-confirms-validity-of-previously-designated-eb-5-regional-centers/; and “Judge Orders USCIS To Begin Accepting New EB-5 Regional Center Investment Applications—FAQ for Investors,” https://wolfsdorf.com/judge-orders-uscis-to-begin-accepting-new-eb-5-regional-center-investment-applications/

Charina Garcia and Melissa Harms, of Wolfsdorf Rosenthal LLP, will moderate two programs at the Worldwide ERC’s Global Workforce Symposium in October 2022. Ms. Garcia will moderate “Relationship Building Through Tech – How Immigration Tech Can Focus on a Workforce’s Well-Being,” a discussion on immigration management technologies and the relationship between mobility technologies, well-being, and human connection. Ms. Harms will moderate “DEIA Global Mobility Playbook: Issues Facing the LGBTQ+, Transgender and Gender Diverse Employee,” a discussion on the emergence of LGBTQ+ inclusive global mobility programs, issues related to relocating internationally to locations that criminalize transgender or sexual preference diversity; the process and impact of changing name or gender markers on national identity documents; and traveling and screening procedures for transgender and gender-diverse/fluid people. https://wolfsdorf.com/wr-immigration-honored-to-lead-two-groundbreaking-discussions-at-wercs-global-workforce-symposium/

Stephen Yale-Loehr (bio: https://www.abil.com/abil-lawyers/stephen-yale-loehr/) was quoted by the Associated Press in “Immigrants Are Not Getting Social Security Numbers at the U.S. Border.” In response to anti-immigrant activists’ claims that Border Patrol agents are handing out social security cards to undocumented immigrants at the border, Mr. Yale-Loehr explained that Border Patrol agents can’t issue social security cards: “Even if they were to do it, it would be illegal for them to do it and they could be prosecuted for doing it. I believe it is a false statement.” https://apnews.com/article/fact-check-social-security-number-border-552180846074

Mr. Yale-Loehr was quoted by CBS News in “Republican States’ Lawsuits Derail Biden’s Major Immigration Policy Changes.” Mr. Yale-Loehr said federal policymaking on immigration is now primarily dictated by federal courts, not Congress or the executive branch. “I think every major policy initiative by Biden that they plan to roll out in the next year is going to be certainly challenged in the courts, and the conservative states have done a good job of judge-shopping to find judges that are likely to agree with these conservative states,” he said, noting that he expects lawsuits will continue to shape federal immigration policy unless Congress inhibits the power of judges to block nationwide initiatives or passes a broad reform of the U.S. immigration system, a prospect that has remained elusive for decades amid intense partisanship. However, he said, “that’s not the way our government is supposed to run,” and the role of the federal court system should be limited to determining whether the actions of the president and Congress are lawful and constitutional. “From the American public’s perspective, when people disagree with a policy, theoretically they can vote that person out of office, whether it’s a member of Congress or the president. But when the judges are making a policy decision that the public disagrees with, they cannot vote that judge out of office,” he noted. https://www.cbsnews.com/news/immigration-biden-republican-states-lawsuits/?intcid=CNM-00-10abd1h

Mr. Yale-Loehr was quoted by the Voice of America about the Department of State’s 2022 Trafficking in Persons Report. The video interview is in Russian at https://www.youtube.com/watch?v=AHIWV9BEAJE. Click on CC and select English to see Mr. Yale-Loehr’s comments subtitled in English. Mr. Yale-Loehr said that human trafficking is a huge and growing problem worldwide, affecting about 25 million people per year. Report: https://www.state.gov/reports/2022-trafficking-in-persons-report/

Mr. Yale-Loehr co-authored the second edition of Immigration and Nationality Law: Problems and Strategies, published by Carolina Academic Press. The book introduces the reader to the legal concepts and experience of practicing immigration law by presenting the material through a series of hypotheticals. It is designed for both law students and attorneys as it covers not only statutory provisions and key immigration law cases but also provides an understanding of the many government agencies involved in the immigration process and how to navigate the wide variety of adjudications that are central to the U.S. immigration system. The book goes beyond doctrine to implications for strategies and policy. For more information, including a video with the authors, or to order, see

Mr. Yale-Loehr was quoted by Scripps Media in “Companies Add Immigration Reimbursement to List of Benefits.” Commenting on new immigrant assistance benefits some companies are offering, Mr. Yale-Loehr said, “This is a new trend because of the tight labor market and employers need to figure out how to both attract and retain workers. And with foreign workers being a growing part of the employment base, [offering] benefits to foreign-born workers is increasingly one way that they can entice people to come work for them or to stay with them.” As examples, he noted that Amazon “has just started a reimbursement program to cover fees for a work permit renewal, which can cost between $410 and $495 every two years. [Tyson Foods], which is the biggest U.S. food processor, is expanding its immigration benefits by offering a program to its workers to give them free legal services ranging from work authorization renewals to green card and citizenship applications.” https://www.ksby.com/news/national/companies-add-immigration-reimbursement-to-list-of-benefits

Mr. Yale-Loehr was quoted by Univision in ” ‘Remain in Mexico’ Is Still in Force and It Is Not Known When and How It Will Be Dismantled.” The article notes that although the Supreme Court determined at the end of June 2022 that the government can “cancel” the Trump administration’s “remain in Mexico” policy, a series of legal requirements must be met to dismantle it and create a replacement protocol. “The Supreme Court ruling is significant for a number of reasons,” Mr. Yale-Loehr said. First, the Court “preserved its right to decide the merits of an immigration dispute, even if immigration law prohibits lower courts from issuing an injunction. Second, the Court held that the immigration statute gives immigration officials discretion over whom to admit into the United States while they await an immigration hearing. And third, the majority noted that by interpreting federal law to require the return of asylum seekers to Mexico, the lower court in the case limited the ability of the executive branch to conduct foreign relations with Mexico.” In short, he said, the Court “upheld the Biden administration’s efforts to end a Trump-era immigration policy,” although the process will take time. https://www.univision.com/noticias/inmigracion/fallo-corte-suprema-interrogantes-programa-mpp-quedate-en-mexico-desmantelamiento (in Spanish, with English translation available)

Mr. Yale-Loehr was quoted by several media outlets relating to the Supreme Court’s decision on the “Remain in Mexico” policy:

• “Explaining the Supreme Court Immigration Ruling on ‘Remain in Mexico,’ ” PolitiFact. He explained that historically, when people believe an immigration policy violates immigration law, they can sue the government, which initiates a court case. However, these cases often take a long time, so the person or group suing can ask the courts to either stop or restart the policy if it is causing immediate harm, which is called an injunction, he noted. https://www.politifact.com/article/2022/jul/07/explaining-supreme-court-immigration-ruling-remain/

“Biden Administration Can Drop ‘Remain in Mexico’ Policy, But What Will it Use Instead?,” Marketplace. He said, “The court today recognized that this is really part of a bigger political problem of not enough funding for our broken immigration system.” https://www.marketplace.org/2022/07/05/biden-administration-can-drop-remain-in-mexico-policy-but-what-will-it-use-instead/

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

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

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

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

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

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

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

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

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

Download:

ABIL Global Immigration Update – August 2020

1. EMPLOYER SPONSORSHIP CRITERIA: AN OVERVIEW

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

Italy

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

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

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

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

Turkey

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

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

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2. BELGIUM

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

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

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

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

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

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

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

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

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3. CANADA

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

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

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

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

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4. GERMANY

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

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

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

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

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

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

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

What does the future hold for immigration to Germany?

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

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5. ITALY

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

Processing Times for Work Permits

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

Mandatory Quarantine for Arrivals From Bulgaria, Romania

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

Entry Ban for 16 Countries

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

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

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

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

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

Validity of Residence Permits Extended

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

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

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

Details:

• City-by-city immigration processing times chart, https://www.mazzeschi.it/city-by-city-immigration-chart/
• Overview of the rules currently in place for traveling to Italy, https://www.mazzeschi.it/italy-navigating-covid-19-measures-and-travel-restrictions/
• COVID-19 Travel Regulations Map, https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm

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

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6. RUSSIA

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

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

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

• United Kingdom (UK)
• Tanzania
• Turkey

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

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

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

Entry to Russia: 14-Day Quarantine or Testing Requirements

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

Similar requirements apply to Russian citizens.

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

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

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

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

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

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7. UNITED KINGDOM

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

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

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

Below are highlights:

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

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

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

Details:

• Kingsley Napley updates, https://www.kingsleynapley.co.uk/insights/blogs/immigration-law-blog
• Q&A on visa application center reopenings, https://www.kingsleynapley.co.uk/insights/news/immigration-update-gradual-reopening-of-uk-visa-centres
• Public Health Passenger Locator Form, https://visas-immigration.service.gov.uk/public-health-passenger-locator-form
• Self-isolation instructions, https://www.gov.uk/government/publications/coronavirus-covid-19-how-to-self-isolate-when-you-travel-to-the-uk/coronavirus-covid-19-how-to-self-isolate-when-you-travel-to-the-uk
• New rules for travelers coming to the UK, https://www.kingsleynapley.co.uk/insights/news/immigration-update-international-travellers-arriving-in-the-uk-from-8-june-2020-have-to-self-isolate-for-14-days

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8. New Publications and Items of Interest

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

Alliance of Business Immigration Lawyers: ·

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

The latest published media releases include:

• ABIL 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Law360, “Can Trump End Immigration? Wording Matters, Scholars Say,” https://www.law360.com/articles/1265963/can-trump-end-immigration-wording-matters-scholars-say
• Economic Times, “Trump’s Plan to Suspend Immigration Would Affect Indians Waiting to Migrate to U.S.,” https://economictimes.indiatimes.com/nri/nris-in-news/trumps-plan-to-suspend-immigration-would-affect-indians-waiting-to-migrate-to-us/articleshow/75272497.cms
• Times of India, “If U.S. Immigration is Temporarily Suspended, Legal Experts Foresee a Plethora of Lawsuit[s],” https://timesofindia.indiatimes.com/world/us/if-us-immigration-is-temporarily-suspended-legal-experts-foresee-a-plethora-of-lawsuit/articleshow/75266086.cms
• India Times, “Trump Stops Green Cards for 60 Days Overseas. H-1B Visa Could Be Next,” https://www.newsindiatimes.com/trump-stops-green-cards-for-60-days-overseas-h-1b-visa-could-be-next/
• Business Insider, “Trump’s Executive Order Suspending Entry of Immigrants is ‘Drastic and Damaging,’ Says U.S. Immigration Attorney,” https://www.businessinsider.in/international/news/trumps-executive-order-suspending-entry-of-immigrants-is-drastic-and-damaging-says-us-immigration-attorney/articleshow/75310925.cms
• South Asian Times, “Trump’s Immigration Ban Not Affecting H-1B Visa,” https://thesouthasiantimes.info/vol-12-issue-51/ (see the next page of the e newspaper)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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