As a result of a class action lawsuit, U.S. Citizenship and Immigration Services has entered into a settlement agreement to “bundle” an application to extend or change H-4 or L-2 status and, if applicable, an employment authorization document (EAD) application, if the application is filed with the principal’s corresponding H-1B or L-1 petition.

As background:…

On Aug. 12, 2020, the Department of State updated its guidance on the National Interest Exception (NIE) to the June 22 Presidential Proclamation 10052, which extends Presidential Proclamation 10014 through Dec. 31, 2020. Under this updated guidance, individuals subject to the Presidential Proclamations may seek to obtain an H or L visa if they are…

Presidential Proclamation 10052, issued on June 22, 2020, has now been challenged in several federal district courts. As previously reported, Presidential Proclamation 10052 barred the issuance of visas to anyone in H-1B, H-2B, H-4, L-1, L-2, J-1, and J-2 status. Thus, if a person did not have a valid visa at the time of…

On July 16, 2020, the Department of State provided updated information on the availability of exceptions to the June 22 Presidential Proclamation 10052, which extends Proclamation 10014 through Dec. 31, 2020,.

Some travelers and visa applicants who are affected by the Proclamation may qualify for an exception if the purpose of their travel to the United States is for humanitarian reasons, public health response, or national security. Other exceptions include: (1) applicants who are subject to aging out of their current immigrant visa classification; (2) certain H and J visa applicants who are traveling to the United Sates to work in support of a critical U.S. foreign policy; and (3) dependents of applicants who are excepted from, or not subject to, the Proclamations.
Continue Reading Exceptions to Presidential Proclamations – Department of State Guidance

As economies worldwide begin to re-open, some companies and individuals are thinking about resuming international travel. If international travel is required for your work or other reasons, be prepared for strict restrictions and potential last-minute cancellations. This updated GT Alert provides considerations with respect to international travel amid the Coronavirus Disease 2019 (COVID-19) pandemic.

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Until most recently, Canadians working and living in the U.S. as L-1 intracompany transferees have been able to file a subsequent application for admission in L-1 status relatively easily, applying in the same manner by which they applied for their initial L entry with U.S. Customs and Border Protection (CBP).  However, a new interpretation of…

The Department of State (DOS) and Mission China announced that changes have been made to consolidate the processing in China of H and L visa applications for foreign nationals seeking to work in the United States. Starting March 1, 2019, all interviews for H and L visas will be conducted only at the U.S.

Since President Trump issued his “Buy American and Hire American” Executive Order in April 2017, USCIS has been issuing Requests for Evidence (RFEs) at unprecedented rates. While the H-1B visa category was specifically targeted as one requiring stricter scrutiny and reform efforts, USCIS has also focused on other visa types for significant adjudication…

In today’s world of evolving multinational organizations, from hierarchical to flat structures, and increased scrutiny of the L-1 visa category by U.S. Citizenship and Immigration Services (USCIS), the challenges of the “function manager” position within the L-1A visa and First Preference Employment-based immigrant visa for Multinational Managers or Executives (EB-1 MM) classifications continue to cause…