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Cross Border Employer Blog

Posts by Robert Neale

On March 17, 2017, the Office of Management and Budget (OMB) published the first installment of the Trump Administration’s FY 2018 Budget plan: “America First: A Budget Blueprint to Make America Great Again.”  The Budget provides details on discretionary funding proposals, with the complete Budget request being released later this year to include specific mandatory and tax proposals. The government’s 2018 fiscal year commences on October 1, 2017.

On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the Ninth Circuit Court of Appeals.  The new order suspends entry for nationals of six countries under a "temporary pause." The order exempts permanent residents and valid visa holders as of certain dates and times, and provides for case-by-case discretionary waivers. The order also suspends refugee travel to the United States for 120 days for those not previously admitted, subject to waivers in certain circumstances.

On November 18, 2016, the Department of Homeland Security (“DHS”) issued its long-awaited rule seeking to improve certain aspects of the employment-based immigration system.  The new rule, which becomes effective on January 17, 2017, clarifies several agency policies and procedures that affect U.S. employers who sponsor high-skilled nonimmigrant workers. The rule is intended to increase consistency among agency adjudicators and provide greater stability and job flexibility for certain foreign workers.

Tags: H-1B

On November 18, 2016, the Department of Homeland Security (DHS) issued its final rule in the Federal Register which addresses the retention and portability of high-skilled foreign workers. The new regulations, which take effect January 17, 2017, allow greater flexibility to certain foreign workers subject to long green card quota backlogs to change employers without negatively affecting their pending green card applications. The new regulations also codify many agency interpretations that exist as agency guidance memorandums and nonbinding agency communications.

Public comment to the U.S. Department of Homeland Security's (USDHS) Notice of Proposed Rulemaking creating a new "parole" immigration benefit for certain International Entrepreneurs is due to the agency by October 17, 2016.  Once the comment period ends, the agency is required to consider all of the submitted comments before implementing a final rule. No applications will be accepted for this new immigration benefit until after a final rule is published.

August 1, 2016, marks the date that increased penalties for various immigration-related violations go into effect. The increases are the result of separate rules recently published by the Department of Labor, Department of Homeland Security and Department of Justice. According to the agencies, the increased amounts are required adjustments for inflation based on the Consumer Price Index.

Starting May 10, 2016, a new regulation published last month by the U.S. Department of Homeland Security (DHS) takes effect which increases the work authorization extension period from 17 to 24 months for F-1 students holding U.S. degrees in a designated Science, Technology, Engineering or Math (STEM) field. 

On Monday, March 28, 2016, the U.S. Citizenship and Immigration Services (USCIS) published notice in the Federal Register to allow an additional 30 days for public comment on its proposed changes to Form I-9, Employment Eligibility Verification. The public has until April 27, 2016 to provide any additional comments.

On March 9, 2016, the U.S. Department of Homeland Security (DHS) posted to the Federal Register an advance copy of its final rule regarding certain F-1 Optional Practical Training (OPT) extensions. The new rule replaces the 2008 interim rule and lengthens the available extension period for holders of Science, Technology, Engineering and Math (STEM) degrees issued by U.S. institutions of higher education from 17 months to 24 months.

The rule also ...

On December 31, 2015, the Department of Homeland Security (“DHS”) issued proposed regulations to address the retention and portability of high-skilled foreign workers. The new regulations were promulgated in furtherance of the Obama Administration’s goal to modernize and streamline the U.S. immigrant visa system. The proposed regulations are subject to a 60-day comment period ending on February 29, 2016.

The proposed regulations allow ...

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