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
- 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
- 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
- On March 11, 2020, President Trump issued a Presidential Proclamation restricting the entry of certain travelers that have been in one of 26 European countries in the 14 day period preceding their entry.
- The rule...more
- On January 24, 2020, the DHS released a report (“DHS Report”) on the global trade in counterfeit goods, outlining a series of recommendations and actions that should be taken by CBP, ICE and the private sector to combat the...more
- President Trump issued Presidential Proclamation 9980 on January 24, 2020, expanding the product scope of existing tariffs imposed under Section 232 of the Trade Expansion Act of 1962 on certain articles of aluminum and...more
2/10/2020
/ Aluminum Sales ,
Customs and Border Protection ,
Exclusions ,
Imports ,
National Security ,
Presidential Proclamations ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
• On May 16, 2019, President Trump announced broad parameters of an immigration plan to address border security, interior enforcement, asylum policy, modernization of ports of entry and the current immigrant visa or “green...more
• Following a setback in U.S.-China trade negotiations, the USTR has increased the Section 301 List 3 additional duty rate on $200 billion of Chinese-origin products from 10% to 25% (the rate already in effect for $50 billion...more
5/14/2019
/ China ,
Customs and Border Protection ,
Exclusions ,
Exports ,
Imports ,
Notice and Comment ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
• Late on Friday, December 21, 2018, the United States Trade Representative (USTR) quietly announced that it has granted the first product exclusions for products covered by “List 1” of the Section 301 tariffs, effective...more
• Prior to submitting petitions for H-1B visas, employers first will be required to register electronically with USCIS during a designated registration period.
• DHS proposes to use a computer-generated process to select a...more
12/11/2018
/ Comment Period ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Employer Liability Issues ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Proposed Rules ,
Public Comment ,
Registration Requirement ,
Trump Administration ,
USCIS ,
Visa Caps ,
Visas
• The new United States-Mexico-Canada Agreement (USMCA) would increase Mexico’s and Canada’s de minimis thresholds for express shipments to $117 USD and $150 CAD for duty-free entry, respectively, and $50 USD and $40 CAD for...more
10/26/2018
/ Canada ,
Common Carriers ,
Cross-Border Transactions ,
Duty Free ,
Exports ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Reciprocity Rules ,
Shipping ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
On Sunday, September 30, President Trump reached an agreement with the governments of Canada and Mexico to revise and modernize the North American Free Trade Agreement (NAFTA). Publishing the text of the new agreement just...more
10/10/2018
/ Agricultural Sector ,
Aluminum Sales ,
Automotive Industry ,
Canada ,
Copyright Infringement ,
Cross-Border Transactions ,
Dairy Farmers ,
Dispute Resolution ,
Exchange Rates ,
Exports ,
Forced Labor ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Investor State Dispute Settlement (ISDS) ,
Mexico ,
NAFTA ,
Section 232 ,
Steel Industry ,
Sunset Provisions ,
Tariffs ,
TPA Agreement ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
• On September 12, 2017, U.S. Customs and Border Protection issued a Federal Register notice, “Reducing Regulation and Controlling Regulatory Costs,” to request comments from interested parties on CBP regulations, paperwork...more
9/18/2017
/ Comment Period ,
Customs and Border Protection ,
Federal Register ,
Foreign Trade Regulations ,
Modification ,
Public Comment ,
Regulatory Burden ,
Regulatory Reform ,
Repeal ,
Supporting Documentation ,
Trump Administration
On September 5, 2017, Attorney General Jeff Sessions announced the decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, which was originally adopted in 2012 and provided deferred action (protection...more
9/7/2017
/ Attorney General ,
DACA ,
DAPA ,
Deferred Action ,
Department of Homeland Security (DHS) ,
Deportation ,
Employment Authorization Documents (EAD) ,
Immigration Enforcement ,
Immigration Reform ,
Legislative Agendas ,
Obama Administration ,
Rescission ,
Temporary Work Visas ,
Trump Administration
On March 31, President Trump signed two Executive Orders (EOs) that address trade. The first EO addresses increased enforcement of U.S. trade and customs laws and specifically calls for plans and strategies to combat the...more
4/5/2017
/ Anti-Dumping Duty ,
Counterfeit Goods Regulation ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Exports ,
Free Trade Agreements ,
Imports ,
Trade Facilitation and Trade Enforcement Act ,
Trade Remedies ,
Trump Administration ,
U.S. Customs ,
USTR
Key Points -
- Congress acts to repeal the SEC’s Resource Extraction Payments Disclosure Rule.
- Full repeal is subject to President Trump’s signature.
- Once enacted, all future administrations...more
On January 27, 2017, President Trump announced restrictions on entry to the United States by several categories of non-citizens. The EO titled “Protecting the Nation from Foreign Terrorist Entry into the United States” cites...more
The results of the U.S. presidential election are historic and unanticipated, and they will have significant economic, political, legal and social implications. As we prepare for the Trump presidency, many uncertainties...more
11/17/2016
/ Antitrust Provisions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Energy Sector ,
Environmental Policies ,
Foreign Policy ,
Health Insurance ,
Immigration Enforcement ,
Tax Reform ,
Trade Policy ,
Trump Administration