Sari Long, Author at Laborsphere

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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New Executive Order Temporarily Suspends Entry of Certain Immigrants

On April 22, 2020, President Trump signed an Executive Order (“Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”) temporarily suspending the entry of certain immigrants due to the economic impact of the COVID-19 pandemic. The Executive Order, effective April 23, 2020, is valid for an initial 60-day period and may be extended or modified within this period.

For the full alert, visit the Faegre Drinker website.

Form I-9 Update: Department of Homeland Security Introduces Flexibility for In-Person I-9 Rules

On March 20, 2020, the Department of Homeland Security (DHS) issued an announcement that it will relax the requirement for employers to review employee’s identity and work authorization documents in person and complete Section 2 of the Form I-9. Employers may now inspect Section 2 documents remotely (i.e., over webcam, fax, email, etc.) and obtain, inspect and retain copies of the documents within three business days.

For the full alert, please visit the Faegre Drinker website.

USCIS Issues New Form I-9, Required of All Employers by May 1, 2020

On October 21, 2019, U.S. Citizenship and Immigration Services (USCIS) released a new version of the Form I-9. Employers may use the new version starting on January 31, 2020, but will be required to use the new version starting May 1, 2020. Using earlier versions of the form will not be acceptable after that date.

The Form I-9 is a document that employers must complete to verify the identity and employment authorization of every new hire (both citizens and noncitizens), hired after November 6, 1986, to work in the United States. Employers are liable for all errors on the form (even errors made by the employee in completing Section 1), and employers must retain I-9s for inspection for a certain period of time after an employee leaves the company (either one year after the date of termination or three years after the hire date, whichever date is later).

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