On December 31, President Trump extended Presidential Proclamations 10014 and 10052, which suspended the entry and visa issuance of certain immigrants and nonimmigrants, until March 31, 2021. The Presidential Proclamations were previously set to end after December 31 ,2020. According to the Trump Administration, the purpose of the executive actions, which were issued in April and June 2020, respectively, was to protect the U.S. labor market due to COVID-19. However, many business groups asserted that the bans would hamper recovery, and in July 2020, the U.S. Chamber of Commerce led a coalition of businesses in filing a complaint to challenge the legality of Presidential Proclamation 10052.
Through the course of the litigation, in October 2020, a court issued a preliminary injunction, preventing the government from implementing Section 2 of Presidential Proclamation 10052, which suspended the entry of certain nonimmigrant workers. The preliminary injunction was limited only to the Plaintiffs (the National Association of Manufacturers, the Chamber of Commerce of the United States of America, the National Retail Federation, Technet, and Intrax, Inc.) in the litigation and their members. For individuals who are unable to benefit from the preliminary injunction, we have been successful seeking national interest exemptions under Presidential Proclamation 10052 for eligible individuals.
We expect Present-Elect Biden will withdraw the Proclamations after he takes office on January 20, 2021. The timing of the withdrawal is unknown. However, whenever it occurs, we can expect backlogs and delays in issuance of new visas given the extended time these bans have been in effect.
Please contact a member of our legal team if you have questions regarding the Presidential Proclamations extension or whether you may qualify for a national interest exemption.
It is that time of year again, when companies look to support existing employees and new hires in their application for H-1B. We have seen unprecedented changes in business immigration in the last few years, and there is a strong likelihood of additional changes coming soon – including the Fairness for High Skilled Immigrants Act – all of which suggest maintaining stable non-immigrant status is an important part of any company’s immigration strategy. Join Managing Partner, David Zaritzky Brown, as he walks through what to expect for this upcoming H-1B Cap season and how our firm will process applications. A must attend for HR and employees who are going through the process.
Additionally, David will spend a few minutes providing key immigration updates related to Trump’s most recent maneuvers and Biden’s likely first steps post inauguration. The core program will be a quick 30 minutes and leave ample time for Q&A.
If your company or fellow HR colleague can benefit from such a session, please register, and invite your friends.
Once registered, you will receive an email with a link to use to join the video chat on the day of the event. Please note: This link should not be shared with others; it is unique to you. If you ever misplace the invitation link, simply visit the webinar schedule on our website to join the LIVE chat.
If you have contacts or colleagues who may benefit from our talks, you are welcome to invite them to join our VIP invitation list by sharing our webinar schedule where they can subscribe for further information.
Don’t miss these opportunities to increase your knowledge on important immigration issues!
Thank you and we look forward to having you at the event.
The Team at Brown Immigration Law
** This newsletter/memo is provided for informational and discussion purposes only. It does not act as a substitute for direct legal contact on an individual basis **