Category Archives: north-america

Categories north-america

DHS Further Extends Flexibility in I-9 Verifications

On March 20th, DHS deferred the physical examination requirement of work authorization documents for Form I-9.? This allowed employers to inspect Section 2 documents via video link, fax, or email, as long as specific notation is entered in the “Additional Information” field on Section 2.? You can find our news alert on the initial guidance here.

 

Due to continued precautions related to COVID-19, DHS extended this flexibility for another 30 days to August 19th.

 

If you have any questions on how to complete the Form I-9 during these times, please contact your Graham Adair representative.

Categories north-america

DHS Further Extends Flexibility in I-9 Verifications

On March 20th, DHS deferred the physical examination requirement of work authorization documents for Form I-9.  This allowed employers to inspect Section 2 documents via video link, fax, or email, as long as specific notation is entered in the “Additional Information” field on Section 2.  You can find our news alert on the initial guidance here.

 

Due to continued precautions related to COVID-19, DHS extended this flexibility for another 30 days to August 19th.

 

If you have any questions on how to complete the Form I-9 during these times, please contact your Graham Adair representative.

Categories north-america

New Guidance on Visa Applications for H-4 and L-2 Dependents

Today, the Department of State (DOS) issued a clarification on the June 22 executive order that restricted entry against those applying for H-1B, H-4, L-1, L-2, H-2B, and J visas. As we previously reported, the executive order impacted individuals currently outside the United States who are waiting for U.S. consular posts to reopen in order to apply for visas in one of the newly restricted categories.

 

Today’s clarification by DOS alleviates the burden on some would-be visa applicants. Specifically, H-4 and L-2 dependents can apply for and receive visas if their H-1B or L-1 spouse or parent is currently in the United States.

 

Some families have been separated for months due to the shutdown of U.S. consulates and embassies around the world, and the June 22 executive order appeared to move the finish line out to the end of the year, and potentially longer. But with today’s clarification, some families can now start planning to be reunited in the near future as U.S. consular posts begin the slow process of reopening.

 

Please contact your Graham Adair attorney with any questions.

Categories north-america

New Guidance on Visa Applications for H-4 and L-2 Dependents

Today, the Department of State (DOS) issued a clarification on the June 22 executive order that restricted entry against those applying for H-1B, H-4, L-1, L-2, H-2B, and J visas. As we previously reported, the executive order impacted individuals currently outside the United States who are waiting for U.S. consular posts to reopen in order to apply for visas in one of the newly restricted categories.

 

Today’s clarification by DOS alleviates the burden on some would-be visa applicants. Specifically, H-4 and L-2 dependents can apply for and receive visas if their H-1B or L-1 spouse or parent is currently in the United States.

 

Some families have been separated for months due to the shutdown of U.S. consulates and embassies around the world, and the June 22 executive order appeared to move the finish line out to the end of the year, and potentially longer. But with today’s clarification, some families can now start planning to be reunited in the near future as U.S. consular posts begin the slow process of reopening.

 

Please contact your Graham Adair attorney with any questions.

Categories north-america

U.S Will Rescind SEVP Rule Restricting Online Curriculum for Foreign Students

On July 14, 2020, the U.S. Department of Homeland Security and Immigration and Customs Enforcement, as part of a resolution reached pursuant to a lawsuit, agreed to rescind the July 2020?Student and Exchange Visitor Program (SEVP) policy change. As we?previously reported, the SEVP policy change would have required?foreign students in F-1 or M-1 status in the U.S. to take at least some in-person coursework in the fall 2020 semester. According to the resolution, the federal government will rescind the July 6, 2020 SEVP Policy Directive and the July 7, 2020 SEVP FAQ (as well as the implementation of the same).

 

Based on this update, the prior COVID-19-related SEVP guidance issued in March 2020 continues in effect, which will allow F-1 and M-1 students taking only online courses in the fall 2020 semester to continue to lawfully reside in the United States.

 

Please contact your Graham Adair attorney with any questions.

Categories north-america

U.S Will Rescind SEVP Rule Restricting Online Curriculum for Foreign Students

On July 14, 2020, the U.S. Department of Homeland Security and Immigration and Customs Enforcement, as part of a resolution reached pursuant to a lawsuit, agreed to rescind the July 2020 Student and Exchange Visitor Program (SEVP) policy change. As we previously reported, the SEVP policy change would have required foreign students in F-1 or M-1 status in the U.S. to take at least some in-person coursework in the fall 2020 semester. According to the resolution, the federal government will rescind the July 6, 2020 SEVP Policy Directive and the July 7, 2020 SEVP FAQ (as well as the implementation of the same).

 

Based on this update, the prior COVID-19-related SEVP guidance issued in March 2020 continues in effect, which will allow F-1 and M-1 students taking only online courses in the fall 2020 semester to continue to lawfully reside in the United States.

 

Please contact your Graham Adair attorney with any questions.

Categories north-america

New Rule Impacts International Students Who Take Online Courses

Due to the COVID-19 pandemic, the Student and Exchange Visitor Program (SEVP) instituted a temporary exemption for the spring and summer semesters that allowed non-immigrant students to take more online courses than normally permitted. On Monday, July 6th, SEVP modified these temporary exemptions; the modifications will be effective for the fall 2020 semester. DHS will be publishing these modifications in the Federal Register as a Temporary Final Rule.

 

Beginning in the fall 2020 semester:

 

1. F-1 and M-1 students attending schools operating entirely online may not remain the United States. The Department of State will not issue visas to such students, and Customs and Border Protection will not allow them to enter the United States. Active students currently in the U.S. must depart the country or take other measures, such as transferring to another school that provides in-person instruction. Otherwise, they may face initiation of removal proceedings.

 

2. F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F students may take a maximum of one class or three credit hours online.

 

3. F-1 students attending schools?adopting a hybrid model (mixture of online and in-person classes) will be allowed to take more than one class or three credit hours online. But the school must certify to SEVP through an I-20 that the program is not entirely online. They must also confirm that the student is taking the minimum number of online classes required to make normal progress in their program.

 

Non-immigrant students within the United States are not permitted to take a full course of study through online classes.
Please contact a Graham Adair attorney with any questions.
Categories north-america

New Rule Impacts International Students Who Take Online Courses

Due to the COVID-19 pandemic, the Student and Exchange Visitor Program (SEVP) instituted a temporary exemption for the spring and summer semesters that allowed non-immigrant students to take more online courses than normally permitted. On Monday, July 6th, SEVP modified these temporary exemptions; the modifications will be effective for the fall 2020 semester. DHS will be publishing these modifications in the Federal Register as a Temporary Final Rule.

 

Beginning in the fall 2020 semester:

 

1. F-1 and M-1 students attending schools operating entirely online may not remain the United States. The Department of State will not issue visas to such students, and Customs and Border Protection will not allow them to enter the United States. Active students currently in the U.S. must depart the country or take other measures, such as transferring to another school that provides in-person instruction. Otherwise, they may face initiation of removal proceedings.

 

2. F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F students may take a maximum of one class or three credit hours online.

 

3. F-1 students attending schools adopting a hybrid model (mixture of online and in-person classes) will be allowed to take more than one class or three credit hours online. But the school must certify to SEVP through an I-20 that the program is not entirely online. They must also confirm that the student is taking the minimum number of online classes required to make normal progress in their program.

 

Non-immigrant students within the United States are not permitted to take a full course of study through online classes.
Please contact a Graham Adair attorney with any questions.
Categories north-america

E.U. Lifting Travel Restrictions for Select Countries; U.S. Travelers Excluded

The E.U.?s European Commission is actively planning to re-open its borders on July 01, 2020 for select countries and have noted countries otherwise not selected will be temporarily barred from entering E.U. member states. The countries that will be allowed in are: Algeria, Australia, Canada, Georgia, Japan, Montenegro, Morocco, New Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia, Uruguay, and China (Subject to reciprocity). Notable countries that are not on the list include travelers from the United States, Russia, and Brazil. The E.U. cites COVID-19 concerns as the reason for the temporary policy.

 

It appears that the most recent E.U. directive is an extension of the already-implemented E.U. travel restrictions that took effect on March 17, 2020. Currently and through June 30, 2020, the E.U. and Schengen Associated countries continue to suspend all non-essential travel from third countries into the E.U.+ area. The ?E.U.+ area? includes 30 countries: all 26 E.U. member states (including the UK) as well as the four Schengen Associated states: Iceland, Liechtenstein, Norway, and Switzerland.? Exemptions include all EU citizens, and citizens of the Schengen Associated states, and their family members for the purpose of returning home, and non-EU citizens who are long-term residents in the E.U. The newly implemented entry regulations, that will take effect on July, 01, 2020, lifts the travel restrictions to the above-mentioned countries.

 

The new E.U. directive continues to affect wide-spread travel into the E.U.+ entering from specific countries, including for both personal and business travel, while it exempts student visa holders, highly-skilled non-EU workers, and other work permit categories.

 

Companies should continue to consult with a Graham Adair attorney when coordinating any international travel for their employees to ensure country-specific entry requirements are met. Graham Adair will continue to closely monitor developments and provide updates accordingly.

Categories north-america

E.U. Lifting Travel Restrictions for Select Countries; U.S. Travelers Excluded

The E.U.’s European Commission is actively planning to re-open its borders on July 01, 2020 for select countries and have noted countries otherwise not selected will be temporarily barred from entering E.U. member states. The countries that will be allowed in are: Algeria, Australia, Canada, Georgia, Japan, Montenegro, Morocco, New Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia, Uruguay, and China (Subject to reciprocity). Notable countries that are not on the list include travelers from the United States, Russia, and Brazil. The E.U. cites COVID-19 concerns as the reason for the temporary policy.

 

It appears that the most recent E.U. directive is an extension of the already-implemented E.U. travel restrictions that took effect on March 17, 2020. Currently and through June 30, 2020, the E.U. and Schengen Associated countries continue to suspend all non-essential travel from third countries into the E.U.+ area. The “E.U.+ area” includes 30 countries: all 26 E.U. member states (including the UK) as well as the four Schengen Associated states: Iceland, Liechtenstein, Norway, and Switzerland.” Exemptions include all EU citizens, and citizens of the Schengen Associated states, and their family members for the purpose of returning home, and non-EU citizens who are long-term residents in the E.U. The newly implemented entry regulations, that will take effect on July, 01, 2020, lifts the travel restrictions to the above-mentioned countries.

 

The new E.U. directive continues to affect wide-spread travel into the E.U.+ entering from specific countries, including for both personal and business travel, while it exempts student visa holders, highly-skilled non-EU workers, and other work permit categories.

 

Companies should continue to consult with a Graham Adair attorney when coordinating any international travel for their employees to ensure country-specific entry requirements are met. Graham Adair will continue to closely monitor developments and provide updates accordingly.