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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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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New Executive Order Requires Federal Agencies to Ensure That Contractors Do Not Use Foreign Labor to Displace American Workers

On August 3, 2020, President Donald Trump signed an executive order and released a related fact sheet in furtherance of the White House’s continued efforts to ensure that federal agencies focus on using United States labor in their federal contracts. This new executive order, which is arguably in furtherance of the previous Buy American Hire American executive orders, requires federal agencies to review their contracts and subcontracts from fiscal years 2018 and 2019 to assess whether their contractors used temporary foreign labor to perform the contracts in the United States or performed such contracts in foreign countries when the work had previously been performed in the United States. Federal agencies are then required to determine whether these temporary foreign labor hiring practices and/or offshoring practices negatively affected opportunities for United States workers. Within the next six months, agencies are required to submit reports to the Office of Management and Budget with their findings and to recommend, if necessary, any proposed corrective actions and the timelines to implement such actions.

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Summary of Executive Actions Impacting Business Immigration

Since April 2020, several executive actions have been issued, and subsequently amended, that have had a significant impact on business immigration.

This alert serves to inform clients of the updates to the ongoing U.S. visa system and travel restrictions in response to the global coronavirus pandemic. Since implementation of the restrictions, the Trump administration has issued additional guidance on certain exceptions for eligible persons to obtain a visa or enter the United States.

For the full alert, visit the Faegre Drinker website.

Executive Order Restricts Employment-Based Immigration

On June 22, 2020, President Donald Trump issued an executive order suspending the entry of individuals to the U.S. from several nonimmigrant visa categories, effective 12:01 a.m. ET on June 24, 2020 and ending December 31, 2020. This order may be continued as deemed necessary and modifications may be made within 30 days and subsequently every 60 days.

For the full alert, visit the Faegre Drinker website.

U.S. Restricts Entry of Chinese Students and Researchers

On May 29, 2020, President Trump issued an executive order suspending the admission of Chinese nationals seeking entry to the U.S. with F-1 or J-1 visas if those visa holders have been affiliated with certain institutions tied to the Chinese military.

The order, which went into effect June 1, 2020 at 12:00 p.m. eastern daylight time, focuses primarily on the entry of Chinese nationals with J-1 or F-1 visas, meaning individuals not currently in the U.S. The order gives discretion to the Secretary of State and the Secretary of Homeland Security to implement the order. This affects Chinese nationals who receive funding from, are now or were previously employed by, currently study or previously studied at, or currently conduct research at or on behalf of or previously conducted research at or on behalf of an institution that supports China’s “military-civil fusion strategy” who a) are seeking to apply at a U.S. embassy or consulate for an F-1 or J-1 visa stamp, or b) already have a valid F-1 or J-1 visa stamp, are outside the U.S., and are seeking to enter the U.S. with that visa.

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