Key Points - Last Tuesday, USTR announced the results of its Section 301 “necessity review.” Today, USTR followed up with a Federal Register notice providing details on the further proposed modifications to the Section 301...more
On March 1, 2024, the Department of Commerce (Commerce), Bureau of Industry and Security (BIS), through its Office of Information and Communication Technology and Services (ICTS), released an advanced notice of proposed...more
3/4/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bureau of Industry and Security (BIS) ,
China ,
Executive Orders ,
Foreign Adversaries ,
National Security ,
Satellites ,
Software ,
Supply Chain ,
Telecommunications ,
U.S. Commerce Department
Key Points -
On February 24, the one-year anniversary of Russia’s invasion of Ukraine, President Joe Biden announced, via Presidential Proclamation 10522, an additional 200% ad valorem tariff on Russian origin aluminum...more
On November 1, USTR released a comment form prescribing the submission format for public comments in the “necessity review” process for the Section 301 China tariffs. USTR first announced the public comment phase of the...more
Key Points -
On June 21, 2022, CBP began enforcing the UFLPA’s revisions to section 307 of the Tariff Act of 1930—19 U.SC. § 1307—by applying a rebuttable presumption that the following goods are prohibited from...more
Key Points -
The United States and its allies are banning imports or increasing tariffs on Russia’s top products—crude oil, petroleum, petroleum fuels, oils, liquefied natural gas, coal, fish, seafood, alcohol,...more
Key points -
H-1B lottery will be open from March 1 until March 18, 2022.
There will be no changes from last year’s lottery rules...more
Key Points -
On December 23, 2021, President Biden signed the UFLPA into law after it unanimously passed both chambers of Congress. The UFLPA aims to strengthen the forced labor statute by prohibiting the importation and...more
Key Points -
U.S. embassies and consulates abroad may now waive many in-person appointments for U.S. visas.
Visa applicants for in-person appointment waiver must have a previously issued visa or previous travel to the...more
Yesterday, in the unprecedented “In re Section 301 Cases” litigation, the U.S. Court of International Trade (CIT) entered a preliminary injunction that suspends the liquidation of plaintiffs’ unliquidated entries from China...more
Key Points -
CBP recently ruled that the Jones Act applies to the transportation of merchandise from a U.S. port to locations on the OCS used for developing and producing wind energy, following Congressional amendments to...more
Key points:
- H-1B lottery will be open from March 9 until March 25, 2021.
- There will be no changes from last year’s lottery rules.
- Priority for higher-paid H-1B applicants will not be implemented in 2021, but...more
CBP has issued a “region-wide” WRO on cotton and tomato products “grown or produced” by entities “operating in” the XUAR. In a press release, CBP states that the order covers “apparel, textiles, tomato seeds, canned tomatoes,...more
Key Points
- DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court.
- Definition of “specialty occupation” and rules for third-party placement of H-1B employees...more
12/7/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Interim Final Rules (IFR) ,
Presidential Proclamations ,
Prevailing Wages ,
Trump Administration ,
Visas ,
Wage and Hour
- DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels.
- DHS tightens “specialty occupation” definition and restricts third-party placement of H-1B employees.
- DOL significantly raises...more
10/23/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Interim Final Rules (IFR) ,
Preliminary Injunctions ,
Prevailing Wages ,
Specialty Occupations ,
Trump Administration ,
Visas ,
Wage and Hour
- On August 10, 2020, FEMA extended the duration of its restrictions on the export of certain shipments of PPE through December 31, 2020.
- The August 10 notice narrowed the types of PPE covered by the restrictions to...more
- On July 1, the Departments of Commerce, Homeland Security, State, and the Treasury issued a joint advisory on the “Risks and Considerations for Businesses with Supply Chain Exposure to Entities Engaged in Forced Labor and...more
7/10/2020
/ China ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Federal Contractors ,
Financial Institutions ,
Forced Labor ,
Human Rights ,
Imports ,
Office of Foreign Assets Control (OFAC) ,
Risk Mitigation ,
Supply Chain
- Visa issuance and entry of certain H-1B, H-2B, L-1, and J-1 visa holders are suspended.
- Proclamation does not apply to anyone currently in the United States.
- Proclamation does not apply to anyone who already...more
6/23/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Students ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
USCIS ,
Visas
- The U.S. Supreme Court held that the Trump administration did not properly terminate the DACA program under the APA.
- The DACA program is restored to its full form, as it existed prior to the rescission in 2017.
-...more
6/22/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
- On May 14, 2020, OFAC, the Department of State and the U.S. Coast Guard jointly released guidance for persons involved in the maritime industry regarding common deceptive shipping practices used to subvert U.S. and United...more
6/4/2020
/ Economic Sanctions ,
Energy Sector ,
Enforcement Actions ,
Exports ,
Imports ,
Iran ,
Maritime Transport ,
Metals ,
New Guidance ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Shipping ,
Supply Chain ,
Syria ,
Unfair or Deceptive Trade Practices ,
Vessels
- Proclamation only suspends entry of applicants for an immigrant visa (“green card”) who are currently outside the United States.
- Proclamation does not apply to anyone currently in the United States.
- Proclamation...more
- On April 18, 2020, President Trump issued an Executive Order authorizing temporary deferral of certain duty payments, which CBP implemented via a Temporary Final Rule on April 20, 2020
- Importers of record who have...more
- Foreign visitors and employees can extend or change their immigration status.
- DHS relaxes requirements for original documents and original signatures.
- DHS offices are closed to the public but continue to...more
4/21/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
E-Signatures ,
Employment Eligibility Verification ,
Filing Deadlines ,
Foreign Workers ,
Form I-9 ,
Passports ,
Remote Working ,
Time Extensions ,
Travelers ,
US Department of State ,
USCIS ,
Visa Applications ,
Visa Waiver Program ,
Visas
- Effective April 17, 2020, FEMA expanded exemptions to its April 7, 2020, Temporary Rule that implemented export restrictions on certain shipments of personal protective equipment.
- FEMA issued the Temporary Rule to...more
- Beginning April 7, 2020, CBP is authorized to temporarily detain all shipments of five categories of personal protective equipment used in the response to and treatment of COVID-19, pursuant to a Temporary Rule issued by...more