Shortly before its summer recess, the United States Supreme Court agreed to hear oral arguments on the Trump administration’s revised travel ban against nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen. The hearing is expected to take place this fall.
Further, the Court has reinstated the travel ban for
Continue Reading The United States Supreme Court Will Hear the Appeal Over President Donald Trump’s Revised Travel Ban Next Term and Reinstates Parts of the Ban
Immigration, Refugees and Citizenship Canada (“IRCC”) has launched a Global Skills Strategy to facilitate the entry of skilled workers to Canada, which is effective immediately. The Strategy focuses on a two-week processing standard for certain Labour Market Impact Assessment (“LMIA”)-exempt work permit applications and two brand new work permit exemptions, as part of Canada’s Global Skills Strategy.
Two-Week Work Permit Processing Standard
Certain LMIA-exempt work permit applications made outside of Canada at a Canadian Consulate are now eligible for expedited two-week processing, including LMIA-exempt work permit applications for employees performing work at Skill Level 0 or A of the National Occupational Classification (“NOC”). Therefore, NAFTA Professionals and Intra-company Transferees in high-skilled occupations, such as IT professionals, Management Consultants and senior managers, can benefit from this new processing standard. Historically, and for those not eligible for the new two-week standard, it would typically take about ten weeks at the Consulate General of Canada in New York.
In addition, corresponding applications for any accompanying family members, including open work permits for spouses and study permits for dependents, are eligible for two-week processing. Applications made inside Canada are not eligible for this new, expedited two-week processing.
Please note there is no additional premium processing fee for applications eligible for expedited two-week processing.
Single-Entry Short-Term Work Permit Exemption for High Skilled Workers
Workers with a job offer for a position under NOC Skill Level 0 or A are now eligible for a work permit exemption of up to 15 consecutive calendar days every six (6) months, or up to 30 consecutive calendar days every 12 months. This means that workers who qualify for this exemption may work in Canada within these timeframes without first obtaining a work permit. Individuals must apply for this exemption from outside of Canada or at a port of entry. This exemption is not available for applicants submitting applications from within Canada.Continue Reading Canada Launches Global Skills Strategy to Fast-Track Short-Term Entry of High-Skilled Workers
As part of the Trump Administration’s extreme vetting efforts, certain visa applicants will now be required to complete a rigorous supplemental questionnaire prior to visa issuance. The information requested in the new, supplemental questionnaire is extensive, and includes the applicant’s full travel history for the past 15 years, including locations visited, dates, and source of funds for the visit; all passport numbers; names and dates of birth of all siblings, children, and spouses/partners; complete address and dates of residence for the past 15 years; employment history for the past 15 years; and all social media handles, phone numbers and email addresses for the past five years.
The supplemental questionnaire will not be required of all visa applicants. As part of the visa application interview and screening process, Visa Officers will decide when the individual visa applicant’s background warrants additional security checks. Previous travel by the visa applicant to areas controlled by terrorist groups is expected to make it more likely that the supplemental questionnaire will be requested. The U.S. Department of State estimates that approximately 65,000 people (less than 1% of 13 million visa applicants worldwide) may be requested to complete the supplemental questionnaire each year.Continue Reading Extreme Vetting Measures To Include Questionnaires Asking for Detailed Travel History and Social Media Information
The order in question is the Trump Administration’s revised Executive Order of March 6, 2017 (“revised EO”). The revised EO would have temporarily restricted certain foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States for a period of 90 days. The revised EO sought
Continue Reading The 4th U.S. Circuit Court of Appeals Maintains Nationwide Preliminary Injunction Blocking the Trump Administration’s Revised Travel Ban
At a program held today at Seyfarth Shaw’s offices in Chicago, partners Jim King and Leon Rodriguez discussed rapidly developing changes in business immigration in the first 100 days of the Trump administration. King serves as co-chair of the Business Immigration Group and Rodriguez is the most recent director of United States Citizenship and Immigration Services.
King and Rodriguez identified changes flowing from a series of executive orders issued by President Trump since inauguration which direct changes in areas including arrival of foreign travelers in the United States, screening of visa applicants and immigration enforcement in the interior of the United States. King and Rodriguez also discussed possible policy changes that could operate to change and possibly restrict the availability of employment-based visas to the United States.Continue Reading SEYFARTH BUSINESS IMMIGRATION GROUP PARTNERS JIM KING AND LEON RODRIGUEZ DISCUSS IMMIGRATION TRENDS BEFORE CHICAGO AREA BUSINESS LEADERS
Seyfarth Synopsis: The EO orders the Departments of State, Justice, Labor, and Homeland Security to propose new rules and issue new guidance to “protect the interests of U.S. workers” and “promote the functioning of the H-1B visa program.”
On Tuesday, April 18, President Trump signed an Executive Order (EO) instructing
Continue Reading Trump Administration Issues “Buy American and Hire American” Executive Order
Seyfarth Synopsis: USCIS completes the lottery process and receives 199,000 H-1B cap petitions.
On April 17, 2017, United States Citizenship and Immigration Services (USCIS) announced that it received 199,000 H-1B petitions to meet both the Master’s and regular H-1B quotas (or “caps”) for Fiscal Year 2018, which begins on
Continue Reading USCIS Receives 199,000 H-1B Cap Petitions and Completes Lottery Process
On March 17, Secretary of State Rex Tillerson issued a cable to all diplomatic and consular posts worldwide calling for the immediate implementation of heightened screening of visa applications. Through the cable, Secretary Tillerson instructed consular posts to undertake additional screening measures based on the conclusions of the interagency working groups mandated by the President’s Executive Order. Visa processing screens at U.S. consular posts will be more invasive and time-consuming for certain individuals, particularly those from the countries listed in the President’s most recent Executive Order and those from Iraq.
Continue Reading New Department of State Cable Implements Extreme Vetting Measures
Seyfarth Synopsis: Federal judges from Hawaii and Maryland have issued nationwide Temporary Restraining Orders (TROs) effectively blocking the implementation of the Trump administration’s revised travel ban, which was scheduled to take effect on March 16, 2017.
Late on Wednesday, March 15, Judge Derrick K. Watson of the Federal District Court in Honolulu issued a nationwide TRO suspending the implementation of the Trump administration’s revised Executive Order (EO) and associated travel ban. Early Thursday morning, Maryland federal Judge Theodore D. Chang issued a separate TRO blocking key provisions of the EO from taking effect nationwide. Both decisions took the position that the revised EO violates the First Amendment because it was designed to discriminate against Muslims. According to Judge Watson, even the new order was “issued with a purpose to disfavor a particular religion, in spite of its stated, religiously neutral purpose.”Continue Reading Federal Courts Temporarily Block the Trump Administration’s Revised Travel Ban
Seyfarth Synopsis: The UK Parliament has passed the EU Withdrawal Bill, paving the way for the Government to invoke Article 50, the mechanism for leaving the European Union, by the end of March 2017.
On March 13, 2017, the UK Parliament passed the European Union (Notification of Withdrawal) Bill. The Bill’s purpose is to allow the Prime Minister to notify the European Union of the United Kingdom’s intention to withdraw from the European Union, through invocation of Article 50 of the Lisbon Treaty.
The British Prime Minister, Theresa May, has previously indicated that she wishes to make the notification, triggering such withdrawal, before the end of March 2017. The passing of this Bill now makes such a timetable likely.
What Will Happen Next?
Once Article 50 has been invoked, the United Kingdom will enter into a period of negotiation with the European Union. The parties have a period of two years to negotiate an exit agreement for the UK. If no agreement has been reached by the end of the two year period, all EU Treaties that apply to the UK will be void, unless the European Council (comprised of the Heads of all Member States) agrees to continue the negotiations.Continue Reading U.K. Parliament Passes Brexit Bill