Forbes – House GOP Immigration Letter Backs OPT For International Students

GtownIn a surprise twist to the political drama over potential new immigration restrictions, 21 House Republicans sent a letter to Secretary of State Mike Pompeo and Acting Homeland Security Secretary Chad Wolf urging support for Optional Practical Training (OPT) for international students. Sources have confirmed some Trump officials hope to use the recent economic downturn due to Covid-19 to impose new restrictions on H-1B visa holders, international students and others. Deliberations on specifics continue inside the administration, which has prompted members of Congress and others to weigh in.

“We write to request your help in ensuring our nation’s ability to attract, educate, and engage with the best and brightest students and scholars from across the world,” begins the June 2, 2020, letter from House Republicans. “In furtherance of the goal, we ask your agencies adopt appropriately streamlined processes to ensure international students can enroll in the fall and preserve the Optional Practical Training (OPT) program, which allows our country to globally compete for market share of international students.”

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Forbes – USCIS-ITServe Settlement Overturns 10 Years Of H-1B Visa Policies

undefinedU.S. Citizenship and Immigration Services (USCIS) has agreed to a settlement with the business group ITServe Alliance that overturns 10 years of policies restricting employers and H-1B visa holders. The settlement follows a pivotal March 10, 2020, District Court opinion that repudiated key USCIS actions and a May 20, 2020, judge’s opinion in Georgia that ruled against USCIS policies.

For many companies, the problems with USCIS began with the “Neufeld” memo issued on January 8, 2010. In that memo, USCIS asserted the authority to deny H-1B petitions based on a potentially restrictive understanding of what constituted an “employer-employee” relationship, including when an H-1B visa holder performed work at a customer’s location. Continue reading “Forbes – USCIS-ITServe Settlement Overturns 10 Years Of H-1B Visa Policies”

Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

TrumpThe 2019 Novel Coronavirus (COVID-19) has significantly disrupted the livelihoods of Americans.  In Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), I declared that the COVID–19 outbreak in the United States constituted a national emergency, beginning March 1, 2020.  Since then, the American people have united behind a policy of mitigation strategies, including social distancing, to flatten the curve of infections and reduce the spread of SARS–CoV–2, the virus that causes COVID-19.  This needed behavioral shift has taken a toll on the United States economy, with national unemployment claims reaching historic levels.  In the days between the national emergency declaration and April 11, 2020, more than 22 million Americans have filed for unemployment. Continue reading “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”

Trump Plans to Suspend Immigration to U.S.

TrumpWASHINGTON — President Trump said on Monday evening that he intended to close the United States to people trying to immigrate into the country to live and work, a drastic move that he said would protect American workers from foreign competition once the nation’s economy began to recover from the shutdown caused by the coronavirus outbreak.

“In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens,” Mr. Trump wrote on Twitter, “I will be signing an Executive Order to temporarily suspend immigration into the United States!”

Continue reading “Trump Plans to Suspend Immigration to U.S.”

Mechelle Zarou to speak at ABA Young Lawyers Division’s webinar “Business Immigration Issues and COVID-19: Addressing Central Concerns for Employers, Employees and Their Families”

Zarou.Mechelle_300dpiMechelle Zarou, partner in the Toledo office and co-chair of the firm’s Immigration and Labor & Employment practice groups, will be speaking at the American Bar Association (ABA) Young Lawyers Division’s webinar “Business Immigration Issues and COVID-19: Addressing Central Concerns for Employers, Employees and Their Families” on Wednesday, April 8 from 1:00 – 2:00 PM ET.

Join this free webinar if you are interested in learning more about how the coronavirus can impact nonimmigrant workers.

Click here to learn more or to register.

H-1B Visa Selection Completed: Will All Companies Follow Through?

960x0U.S. Citizenship and Immigration Services (USCIS) announced it has received sufficient electronic registrations to reach the FY 2021 numerical limit and has notified all employers whose H-1B registrations were selected. Under the new system, those companies whose registrations were chosen must prepare and submit applications (and have them approved) to receive H-1B petitions. What does history tell us about how many companies will follow through with their applications in light of the current economic downturn?

To read this article in full, please visit the Forbes website found here.

DHS Provides Employers with Some I-9 Flexibility

By way of background, under the Immigration Reform and Control Act of 1986, employers are required to complete a Form I-9 for each newly hired employee. The purpose of the Form I-9 is to verify the identity of each new employee and ensure that the new employee is authorized to work in the United States. The Form I-9 contains a list of acceptable documents for establishing an employee’s identity and authorization to work. Continue reading “DHS Provides Employers with Some I-9 Flexibility”

Forbes: Critics Charge Slow Immigration Processing Nets USCIS Billions In Fees

960x0Due to long processing times, since 2014 companies have been forced to pay $2.4 billion in “premium processing” fees to ensure their business immigration cases are decided within a reasonable time. Critics say U.S. Citizenship and Immigration Services (USCIS) has no incentive to process cases faster because the more time it takes, the greater the revenue the agency receives in additional premium processing fees.

To understand premium processing, imagine you sat down at a restaurant and saw a large asterisk next to the price of an entrée that costs $20.

“What does this asterisk mean?” you asked.

“It means the meal costs $20 but you have to sit here for 9 hours before I bring it out so you can eat it,” said the waiter. Continue reading “Forbes: Critics Charge Slow Immigration Processing Nets USCIS Billions In Fees”

Forbes: Tech Companies File $350 Million Lawsuit Over H-1B Visa Fees

Forbes $350M Lawsuitnew lawsuit alleges U.S. Citizenship and Immigration Services (USCIS) has unlawfully charged technology companies $350 million in H-1B visa fees. A victory in the case for the plaintiffs would give many technology companies a chance to recoup millions of dollars from the federal government.

“Defendant (“the Agency”) has unlawfully charged United States companies approximately $350 million dollars in visa fees (likely more) over the past six years,” according to a complaint filed on January 26, 2020, in the U.S. District Court for the District of Columbia. “Plaintiffs now seek a refund. For the reasons below, this Court must set aside visa denials based on the nonpayment of this unlawful fee, enjoin the Agency from continuing to charge this fee, and refund all payment of these fees for the past 6 years.”

Click here to read the full Forbes article. 

Maria del Carmen Ramos to Speak at 2020 American Immigration Lawyers Association National Conference

Ramos.Maria_300dpiTAMPA, FL – Shumaker, Loop & Kendrick, LLP is pleased to announce that Partner Maria del Carmen Ramos has been invited to serve as a member of the distinguished faculty at the 2020 American Immigration Lawyers Association (AILA) Annual Conference on Immigration Law to be held June 17-20, 2020 where she will be speaking about employer compliance and enforcement issues that have grown dramatically under the current administration.

AILA is the national association of more than 15,000 lawyers and law professors who practice and teach immigration law. AILA member lawyers represent U.S. families seeking permanent residence for close family members, as well as U.S. businesses seeking talent from the global marketplace. Continue reading “Maria del Carmen Ramos to Speak at 2020 American Immigration Lawyers Association National Conference”