Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some U.S. employers’...more
1/5/2022
/ E-2 ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Foreign Workers ,
H-4 Spouses ,
Immigration Procedures ,
L-2 Visas ,
Non-Immigrant Visas ,
Popular ,
USCIS ,
Visas
Resources -
South Carolina Business License Reforms Go Into Effect January 1, 2022 -
South Carolina businesses have historically been subject to business license taxes on their gross income that vary widely from...more
12/16/2021
/ Biden Administration ,
Business Licenses ,
Contract Management ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Contractors ,
Infectious Diseases ,
Minimum Wage ,
Online Contracts ,
Tax Liability ,
Tax Reform ,
Tipped Employees ,
Tips ,
Travel Ban ,
Vaccinations ,
Wage and Hour
On October 25, 2021, President Biden announced plans to revoke the current country-by-country travel restrictions to the United States which have been in place since January 2020....more
11/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
International Travel ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Vaccinations ,
Vaccine Passports
Resources -
COVID-19 Vaccine Guidance for Federal Contractors -
On September 24, 2021, the Safer Federal Workforce Task Force released guidance detailing COVID-19 vaccination and other pandemic-related workplace...more
10/8/2021
/ Biden Administration ,
Construction Project ,
Construction Workers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Foreign Workers ,
I-94 Cards ,
Infectious Diseases ,
Real Estate Development ,
Safety Programs ,
Vaccinations ,
Workplace Safety
Beginning October 1, 2021, United States Citizenship and Immigration Services (“USCIS”) will require COVID-19 vaccinations for all applicants applying for lawful permanent residence (i.e. green card) with some exceptions. ...more
9/22/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
Green Cards ,
Immigration Procedures ,
Individual Mandate ,
Infectious Diseases ,
New Guidance ,
Permanent Residence Cards ,
Request for Evidence (RFEs) ,
USCIS ,
Vaccinations ,
Visas
On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” would go into...more
9/14/2021
/ Department of Labor (DOL) ,
E-3 ,
Foreign Workers ,
H-1B ,
H-1B1 ,
Immigration Procedures ,
Interim Final Rules (IFR) ,
Non-Immigrant Visas ,
PERM ,
Prevailing Wages ,
Remand ,
Vacated
The Form I-94, Arrival/Departure Record is a document U.S. Customs and Border Protection (CBP) issues to all persons entering the United States except U.S. citizens, returning Legal Permanent Residents, and immigrant visa...more
Resources -
Federal Regulators Taking Aim at Anti-Competitive Employment Practices -
Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. ...more
9/1/2021
/ Construction Project ,
Construction Workers ,
Employment Contract ,
Employment Policies ,
Foreign Nationals ,
Foreign Workers ,
Immigration Procedures ,
National Interest Waiver ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Vaccinations
Department of State Extends Validity of National Interest Exceptions to Regional COVID-19 Travel Restrictions -
On July 6, 2021, the Department of State updated its National Interest Exception (NIE) guidelines. Going...more
8/31/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employment Policies ,
Food Service Workers ,
Foreign Workers ,
Franchises ,
Immigration Procedures ,
Infectious Diseases ,
National Interest Waiver ,
Restaurant Industry ,
Tax Reform ,
Travel Restrictions ,
Vaccinations ,
Workplace Safety
Over the past year, several Presidential Proclamations have restricted travel to the United States by foreign nationals physically present in China, Iran, the Schengen Region, the United Kingdom, Ireland, Brazil, South...more
Resources -
Effective Date Announced for New COVID-19 Safety Rule for Healthcare Providers -
OSHA's Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Employers must comply with...more
Focus -
DOL Issues New COVID-19 Safety Rule for Healthcare Providers -
OSHA's Emergency Temporary Standard imposes new COVID-19 requirements on healthcare providers. Most of the new requirements go into effect...more
6/23/2021
/ Coronavirus/COVID-19 ,
Cyber Crimes ,
Employer Liability Issues ,
Health and Safety ,
Independent Contractors ,
Infectious Diseases ,
IRS ,
Misclassification ,
OSHA ,
Public Health ,
Travel Ban ,
Workplace Safety
While the United States has seen a drastic drop in COVID-19 cases as vaccinations become more prevalent, other countries continue to see significant infection rates. Travel restrictions aimed at curbing the spread of...more
6/8/2021
/ Coronavirus/COVID-19 ,
E-2 ,
Foreign Nationals ,
H-1B ,
Immigrants ,
Immigration Reform ,
Infectious Diseases ,
L-Visas ,
National Interest Waiver ,
O Visa Petitions ,
Travel Ban
Focus -
America's Immigration System: President Biden's First 100 Days -
Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing on a myriad of...more
Updated CDC COVID-19 Guidance -
The CDC has updated its guidance regarding masking and physical distancing for fully vaccinated individuals. Once fully vaccinated, people can resume activities without wearing masks or...more
6/2/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Gender Identity ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Infectious Diseases ,
LGBTQ ,
Masks ,
Patient Access ,
Public Health ,
Relief Measures ,
Sex Discrimination ,
Sexual Orientation ,
Social Distancing ,
Title IX ,
Vaccinations
Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more
5/20/2021
/ DACA ,
Foreign Nationals ,
Green Cards ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
J-1 Visas ,
L-1 Visas ,
Popular ,
Presidential Proclamations ,
Prevailing Wages ,
Public Charge ,
USCIS ,
Wage and Hour
On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process. Beginning April 1st, those selected were eligible to start filing. But what if your employee was not selected? ...more
4/29/2021
/ Employment Authorization Documents (EAD) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Lottery ,
O Visa Petitions ,
OPT ,
STEM ,
TN-Visas ,
USCIS ,
Visas
On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire...more
In episode 15 of the Take 5 Immigration Podcast Series, host Melissa Azallion Kenny is joined by Burr partner Jonathan Eggert to discuss what's on the immigration horizon for businesses in 2021, including the DACA program,...more
2/10/2021
/ Biden Administration ,
DACA ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Form I-9 ,
H-1B ,
H-4 ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Immigration Reform ,
Visas
Since its 2012 inception, the Deferred Action for Childhood Arrivals (“DACA”) program has survived various lawsuits challenging its constitutionality as well as an attempt by the Department of Homeland Security (“DHS”) to...more
From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the...more
2/2/2021
/ Biden Administration ,
Border Security ,
DACA ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Green Cards ,
H-1B ,
H-4 ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Visas
After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more
1/25/2021
/ Department of Labor (DOL) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Labor Regulations ,
Minimum Wage ,
PERM ,
Prevailing Wages ,
USCIS ,
Visas ,
Wage and Hour
Spotlight -
U.S. Supreme Court Rules in Favor of Burr's Petition for the South Carolina Election Commission: South Carolina's Witness Requirement on Absentee Ballots is Here to Stay -
On October 5th, the Supreme Court...more
10/30/2020
/ Absentee Voting ,
Coronavirus/COVID-19 ,
H-1B ,
Health Care Providers ,
Immigration Reform ,
Infectious Diseases ,
Masks ,
OSHA ,
Political Campaigns ,
Presidential Elections ,
Retirement Plan ,
Right to Vote ,
SCOTUS ,
Wage and Hour ,
Witnesses ,
Workplace Safety
Earlier this year, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas through at least December 31, 2020 (“the Proclamation”). On...more
10/6/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration and Nationality Act ,
Injunctions ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Temporary Work Visas ,
Trump Administration
COVID-19 has affected nearly all areas of immigration, including the speed at which the United States Citizenship and Immigration Services (“USCIS”) is able to produce the Employment Authorization Document (“EAD card”). ...more