Helena Wasey Abede, Catherine Betts, Kirat K. Goraya, Author at Laborsphere

Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) Under the Trump Administration 2.0

President Trump has ordered a review of Temporary Protected Status (TPS) designations made under the Biden administration. The President has previously stated that he intends to revoke TPS for Haitians and Venezuelans, two of the three largest groups of TPS beneficiaries in the United States. During his first administration, he chose to let TPS designations expire for several countries before being blocked in court. Other humanitarian immigration programs like Deferred Enforced Departure (DED) may be at risk under the new Trump administration. The administration’s actions in choosing to extend or eliminate TPS and DED designations for countries up for expiration in 2025 will inform how the administration will proceed with the humanitarian programs.

To view the full alert, visit the Faegre Drinker website.

Visa Options and Immigration Strategies for Manufacturers

Many visa options exist to enable U.S. manufacturing companies to employ talented professionals, researchers and managers who are not U.S. citizens or permanent residents. This article will introduce the primary nonimmigrant (temporary) visa categories used by U.S. manufacturing companies to employ foreign national workers. The article will also provide key information about the permanent residency (green card) process. Manufacturing employers typically employ foreign nationals initially in a temporary nonimmigrant visa category. Thereafter, the manufacturer may begin working on a permanent residency case once the company has determined that it wishes to try to employ the foreign national on a permanent basis.

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H-1B Cap Registration and Process; Form I-944 No Longer Required

The FY2022 H-1B cap season is now underway. U.S. Citizenship and Immigration Services (USCIS) adopted the same H-1B registration process as was used last year. Before filing a cap-subject H-1B petition, USCIS requires that employers or their authorized representatives first complete an online registration for each cap-subject H-1B petition. USCIS will then run the H-1B cap lottery (if needed) based on these registrations. Employers would only file petitions based on selected registrations.

Below are the dates to keep in mind for this year’s H-1B cap:

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Immigration and Employment Considerations for Nonprofit Organizations

Nonprofit tax-exempt organizations have unique considerations with respect to navigating U.S. immigration processes and entity formation. Organizations hiring new talent or bringing employees across borders need to be aware of how their nonprofit corporate and tax-exempt statuses may impact and be impacted by immigration processes and rules.

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H-1B Cap Update: Electronic Registration Starts on March 9, 2021; Cap Selection Wage Regulation Delayed until December 31, 2021

U.S. Citizenship and Immigration Services (USCIS) recently announced updates to this year’s H-1B cap selection process. The government’s H-1B electronic registration process will open in one month, but there will be no changes to the selection process itself as implementation of the “H-1B Cap Selection Process Final Rule” is delayed until December 31, 2021. Stakeholders will want to pay close attention to the newly released registration dates along with an opportunity to learn more about the process directly from the Faegre Drinker team.

For the full alert, visit the Faegre Drinker website.

U.S. Immigration Updates: H-1B Cap, Prevailing Wage Rule and International Travel Updates

Immigration updates from the end of the Trump administration include USCIS’s final rule modifying the H-1B cap selection process, DOL’s final rule on computation of prevailing wage levels, and executive orders extending immigration restrictions and terminating some travel restrictions — all of which may be changed by litigation or the Biden administration. It is also time to start planning for the FY2022 H-1B cap season.

For the full alert, visit the Faegre Drinker website.