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Cross Border Employer Blog

The federal government just announced that all travelers returning to the United States soon must present a negative COVID-19 test, taken within three calendar days of departure, or proof of recovery from the virus within the last 90 days. This CDC order, announced yesterday and effective January 26, requires all airlines to confirm the negative test results or recent recovery for all passengers prior to boarding. Airlines may deny travelers that do not present the required documentation.

The president recently signed yet another Presidential Proclamation that extends the ability of certain foreign nationals from being able to enter into the U.S. until March 31, 2021. This move tacks several months onto the earlier Presidential Proclamations signed into effect in 2020 (both PP 10014 and 10052). What do employers need to know about this new proclamation signed on December 31, 2020, especially in light of the impending change in White House leadership?

Federal immigration authorities just announced that they will continue the ongoing suspension of premium processing for cap-subject H1B petitions, contravening earlier assertions that premium processing would be available starting mid-September. In the August 29 announcement made by U.S. Citizenship and Immigration Services (USCIS), the agency also announced that it will expand the suspension to include additional H1B petitions, continuing through an estimated date of February 19, 2019.

Several weeks ago, the 4th Circuit Court of Appeals upheld an injunction that blocks President Trump’s second executive order attempting to institute a travel ban against those arriving from several specific Muslim countries (EO-2) from taking effect, largely basing its decision on a conclusion that the executive order violated the Establishment Clause of the Constitution. Today, the 9th Circuit Court of Appeals became the second federal appeals court to uphold the injunction blocking from the travel ban from taking effect, but this time basing the decision on a conclusion that the president exceeded his authority to act under the Immigration and Nationality Act (INA).

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