The Biden administration has reactivated a long-delayed immigration program for early-stage international entrepreneurs. The International Entrepreneur Rule (IER) is intended to benefit the US economy by filling a gap in US immigration options for individuals who are positioned to develop high-growth potential start-up companies. Under the IER, qualified entrepreneurial foreign nationals will be eligible to
With daily news reports of India’s current COVID crisis worsening, President Biden issued a Presidential Proclamation, effective May 4, 2021, suspending entry to the United States from India for individuals in temporary immigration statuses who have been present in India within the prior 14-day period. The travel restriction does not apply to US citizens or permanent residents or certain relatives of citizens and permanent residents. The Proclamation will remain in effect indefinitely, ending only upon termination by the president.
Economic Travel Suspensions End; Geographic Travel Suspensions Expand
With the change in presidential administrations, travel suspensions which created bars to entry to the United States for many immigration categories that were justified on the basis of economic protection have either been revoked or allowed to expire. (Details of these developments are set out in our February 25, 2021 and April 5, 2021 posts, Biden Administration Revokes Order Suspending Entry into the United States by New Green Card Holders | International Compliance Blog (steptoeinternationalcomplianceblog.com) and Entry Suspension on Temporary Work Visa Categories Ended | International Compliance Blog (steptoeinternationalcomplianceblog.com).) Conversely, health related travel suspensions which limit entry to the United States from designated countries or regions have expanded, with India being the latest addition.
The Presidential Proclamation prohibiting entry to the US by foreign nationals in key temporary, employment-based, immigration categories expired on March 31, 2021. As expected, the Biden administration permitted Presidential Proclamation 10052 to remain effective through to expiration, but did not extend the broad restrictions on certain H-1B (temporary professional), H-2B (temporary non-agricultural worker), J (exchange visitor) and L-1(intra-company transferee) foreign nationals. This reversal of a policy which began on June 22, 2020, is significant for multinational companies and others who rely upon foreign talent within the specified categories.
Economic Travel Suspension Background and Developments
The economic hardships experienced as a result of the COVID pandemic served as the basis for Presidential Proclamations limiting the ability of foreign nationals to enter the US in specific immigrant (permanent) and temporary (non-immigrant) immigration categories. These broad Presidentially-created restrictions, precluded large numbers of foreign nationals who otherwise met existing legal and regulatory immigration requirements from obtaining visas and/or entering the US. As of March 31, 2021, both restrictions have ended.
We discussed the termination of the economically-based immigrant suspension in our February 25, 2021 Client Alert, Biden Administration Revokes Order Suspending Entry into the United States by New Green Card Holders. As noted in that Alert, the President proactively revoked the immigrant (green card) suspension, but allowed the non-immigrant (H-1B, H-2B, J and L-1) restrictions to remain in place. With the passage of time (and with the absence of an extension) the non-immigrant restrictions are now seemingly safely in the past.
The Biden administration continues to undo the expansive immigration restrictions put in place by the former president. The latest measure to fall: Presidential Proclamation 10014, an economically-based suspension initiated on April 22, 2020, which barred many new permanent residents from entering the United States as permanent residents (“green card holders”). The Presidential Action of February 24, 2021 puts an immediate end to this twice-extended suspension in advance of its slated expiration date of March 31, 2021.
Economic Travel Suspension: Extensions and Impact
As explained in our April 23, 2020 Client Alert, “COVID-19 Immigration Suspension Proclamation Has Limited Scope,” the impact of Proclamation 10014 was initially muted due to the practical realities of consular closures. However, in time, its broad provisions and the freeze on action on these cases created substantial backlogs, family separation, and notable litigation related to the time-bound immigrant visa lottery category. The impact to visa lottery candidates, who lose visa eligibility if their cases are not processed within set fiscal year time frames, was specifically mentioned in the revocation of Proclamation 10014. The revocation stated that Proclamation 10014 (and subsequent extensions) harmed the United States, rather than advancing national interests. The harm cited was both family separation and economic harm to industries which depend upon global talent.
Two important actions by US Citizenship and Immigration Services (USCIS) have provided clarity on the process and time frame for employers to register for the Fiscal Year 2022 (FY 22) “cap” lottery on H-1B temporary work visas. The H-1B visa classification is familiar to many US employers, as it is used for a multitude of professional positions across many industries, most notably IT and other STEM-based positions.
Employers who need to sponsor recent college graduates or other foreign nationals under the H-1B cap must prepare now for the March 2021 limited registration period. The demand in the H-1B, temporary professional worker category, greatly outpaces annual limits.
The Biden administration has taken an important step to stabilize employment eligibility within the H-4 immigration category.
On January 25, President Biden terminated the prior administration’s unfinished efforts to end H-4 eligibility for Employment Authorization Documents (EADs). This action by the Biden administration is consistent with the President’s January 21, 2021 Regulatory Freeze of unpublished rule making left over from the prior administration. The beneficiaries of this action include the US businesses which employ the approximately 100,000 work-authorized H-4 visa holders. As explained below, in recognition of the value of this largely well-educated workforce, the Biden administration plans to further secure and expand H-4 employment eligibility benefits.
From the outset of the COVID-19 pandemic, the United States has issued a series of restrictions on entry to the country. The latest restriction, effective January 26, 2021, mandates proof of a negative COVID-19 test or proof of recovery from COVID prior to boarding any flight to the United States. As set forth below, it differs from the existing patchwork of COVID-related travel restrictions, in that it applies to all travelers age two or older–including US citizens and US permanent residents.
The new COVID testing mandate for all international air travelers was ordered by the Department of Health and Human Services, Centers for Disease Control and Protection (CDC). The CDC’s Order, issued on January 12, 2021, is in response to the identification of a highly-transmissible variant form of the COVID virus. While the CDC Order impacts travel to the United States from abroad, it is a public health measure—not an immigration restriction. This is an important differentiation from the earlier Presidential Proclamations suspending travel. As a public health measure, the CDC’s order applies to all passengers, without consideration of US immigration status or immigration-based exceptions.
With continuing high unemployment rates and COVID-driven economic woes, on August 3, President Trump issued an Executive Order (EO) that could potentially lead to restrictions on the ability of government contractors and subcontractors to use foreign labor in the performance of government contracts.
Specifically, the EO (1) requires executive agencies to review and assess past…
As anticipated, President Trump issued a proclamation on June 22, suspending the ability of foreign nationals in common employment-based non-immigrant (temporary) categories to enter the United States. The proclamation, which is valid until December 31, 2020, places a suspension on the L-1, H-1B, H-2B, and specified J-1 categories. While the proclamation is significant, there are…
Update: On Monday, June 22, the Trump Administration signed a proclamation temporarily suspending H-1B and other work visas. Click here for our client alert discussing the impact of this new restriction.
Reports from well-placed sources indicate the Trump Administration will be announcing an additional round of immigration restrictions shortly. These measures are expected to include…