Biden Administration Allows Work Visa Ban to Expire; Other Restrictions on Travel Remain in Place

Biden Administration Allows Work Visa Ban to Expire; Other Restrictions on Travel Remain in Place

The Biden Administration has allowed the temporary work visa ban (Presidential Proclamation 10052) to expire on March 31, 2021 and will not extend it. While this is welcome news, individuals may still face challenges traveling to the U.S. due to other COVID-19 measures, including regional travel bans, consular service limitations and COVID-19 testing requirements.

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New DOL Rule Results in Substantial Increases to H-1B, E-3 and PERM Prevailing Wage Levels

New DOL Rule Results in Substantial Increases to H-1B, E-3 and PERM Prevailing Wage Levels

The Department of Labor (DOL) has published a new regulation that substantially increases the prevailing wage levels used when filing H-1B and E-3 work visa applications and PERM labor certification applications. This new DOL rule is effective immediately.

However, since DOL circumvented the normal rulemaking process to roll out this new rule with very weak legal justifications for doing so, we expect this new rule will be challenged in court.w rule with very weak legal justifications for doing so, we expect this new rule will be challenged in court.

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Trump Issues Proclamation Suspending Entry to the US in Several Major Work Visa Categories

Trump Issues Proclamation Suspending Entry to the US in Several Major Work Visa Categories

In a move that many had anticipated for some time, President Trump signed a Presidential Proclamation on Monday, June 22, suspending the issuance of work visas in the H-1B, H-2B, J-1 and L visa categories based on the administration’s belief that doing so will avoid the risk of “displacing and disadvantaging United States workers during the current recovery.”

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President's Promised Immigration Suspension Very Limited in Scope; Only Suspends Entry of Some Immigrant Visa Applicants for 60 Days

President's Promised Immigration Suspension Very Limited in Scope; Only Suspends Entry of Some Immigrant Visa Applicants for 60 Days

On April 22, 2020 President Trump signed a presidential proclamation suspending the entry of only a limited group of immigrant visa applicants to the US for 60 days. The proclamation is effective as of 11.59pm on April 23, 2020. Notably, the proclamation does not impact immigrants already in the US, or individuals or any nonimmigrant visa programs, including the H-1B, L-1, TN, E, O-1, P-1, F-1, J-1 and B visa programs.

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