The Future of Immigration and the Use of Foreign Nationals ...
Transcript of The Future of Immigration and the Use of Foreign Nationals ...
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Keith Pabian, Founding Partner
Pabian Law-HFTP Webinar
June 2, 2020
The Future of Immigration and the Use of Foreign Nationals in a New
COVID-19 World
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About Pabian Law
• Pabian Law is a premier national corporate immigration law firm
• Major focus on the private club and hospitality industries (H-2B visas, year-round visas, and green card applications)
• Heavily involved with numerous industry groups in the private club, hotel, resort, and ski industries
• National firm headquartered in Massachusetts
• We focus on customer-service, results, and client education
• Introduced 1st-ever proprietary H-2B visa software platform, Pabian BOOM!, in April 2020
• Keith is a proud HFTP Member & past Board Member of the New England Club Chapter
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At this moment, what is happening from an immigration standpoint?
How is COVID-19 affecting U.S. immigration?
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What has changed since mid-March?
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Immigration-related changes since outbreak of COVID-19
• Suspension of Premium Processing (expedited processing)
• Return of Premium Processing just announced!!!
• Closures of U.S. consulates and embassies worldwide
• They’re starting to reopen & schedule appointments
• Land border closures with Canada and Mexico
• Closures of international borders and airports
• Closure of government offices/suspension of interviews
• Unprecedently high unemployment
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President Trump’s recent Executive Action on Immigration
• Signed on April 22nd
• 60 Day Suspension of some green card applications filed through consulate/embassies
• Did nothing to affect any work that we do with clubs• H-2B visas, J-1 visas, H-1B visas, green card applications, etc.
• In order, instructions to speak to agency heads within 60 days for recommendations• Support and opposition for additional changes and/or extension of order
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Changes targeting Chinese nationals
• Limitations on Optional Practical Training (OPT) for Chinese students with ties to military
• Hong Kong to be considered part of mainland China
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Is immigration to the U.S. still possible?
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But, what could be coming…and why?
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Poll: Are you worried about potential changes to U.S. immigration laws during/as a result of the pandemic?
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President Trump’s Approval Ratings
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Poll: If U.S. immigration were suspended, do you think it should be due to high unemployment, protecting against the spread of the virus, or both?.
immigration laws during/as a result of the pandemic?
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Conflicting Immigration Views in the Trump White House
• Kushner
• Represents the side of “Trump uses foreign nationals. Why would he make changes?”
• H-2B seasonal visas
• H-1B professional year-round visas
• EB-5 investment green cards
• Miller
• Anti-immigration
• “Turn it off”
• Against “chain migration”
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Possible changes to U.S. Immigration due to COVID-19
IMPORTANT: These are currently all just rumors!!!
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H-1B Visa Rumored Changes
• Only allowing “essential” workers to enter the USA
• Forcing employers to pay Level 4 wages
• Mandating recruitment as part of application process
• Suspension of Employment Authorization for spouses of H-1B visa holders
• Employers are not required to sponsor the foreign national spouses for work authorization
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What could prevent these changes?
• Some of the country’s largest companies heavily utilize H-1B visas
• They are going to have BIG opinions on any changes
• Lobbying efforts are underway
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Rumored Changes to OPT and CPT
• Work authorization through F-1 visas that allows foreign nationals to work for employers in a job related to their field of study
• Employers are not required to sponsor the foreign national for this work authorization
• Limiting or suspending this work allowance
• Extra period of work available to STEM graduates• Could this go away?
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What could prevent these changes?
• Universities and colleges rely on foreign nationals to pay the bills
• Often they are some of the few that pay full tuition
• Lobbying efforts are underway
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Rumored changes to the L-1 visa
• Suspension of L-1A and L-1B intercompany transferee visas
• Suspension of Employment Authorization for spouses of L-1 visa holders
• Employers are not required to sponsor the foreign national spouses for work authorization
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What could prevent these changes?
• Some of the country’s largest companies rely on L-1 visas to move top executives and managers
• They are going to have BIG opinions on any changes
• Lobbying efforts are underway
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Rumored changes to J-1 visas
• Suspension of J-1 visas
• U.S. Department of State was one of earliest agencies to get involved to try to curb use of J-1 visas during pandemic
• Initiatives seemed aimed at protecting foreign national trainees
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What could prevent these changes?
• Concern here is that J-1 visas have been a target of Trump administration even while he was on campaign trail pre-presidency
• J-1 visas are not supposed to do substantive work
• Could this come to fruition?
• Would likely see some exceptions for essential areas (ex. Physicians) Employers are not required to sponsor the foreign national spouses for work authorization
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Rumored H-2B visa changes
• Suspension of H-2B visas for 12 months
• Would those already in the USA be exempt?
• Substantive changes to H-2B program
• Enhanced advertising initiatives?
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What could prevent these changes?• Many industries across the country heavily utilize H-2B
visas
• They are going to have BIG opinions on any changes
• Even in pandemic with historic unemployment, can’t find U.S. workers
• Bi-partison support for and against H-2B visas
• In terms of changing regulations, laws were just updated in 2015
• Regulations are already very U.S. worker protectionist
• Substantial lobbying efforts are underway
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Rumored USCIS fee hikes
• U.S. Citizenship & Immigration Services is running out of money
• Funding comes through filing fees
• Remember when they suspended Premium Processing and those $1,410 per petition payments…?
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What could prevent this change?
Very little. Higher government filing fees are likely coming
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With any changes, exceptions are all but certain
• Exceptions for farmworkers
• Exceptions for those that support the food chain
• ”Essential” workers
• Exceptions for those already in the USA
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Which visa type, if suspended, would be most impactful to your
organization?
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Looking ahead
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How to handle staffing with foreign nationals in this environment?
Summer-season organizations
Winter-season organizations
Year-round organizations
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What to do if you already employ foreign nationals?
OPEN COMMUNICATIONS UNDERSTAND RUMORS VS. TRUTH & BE FLEXIBLE WITH MOVING
TARGETS
SHOW YOU CARE
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Takeaways and best practices
• It is more important than ever for organizations to work with a lawyer and file approvable petitions
• Be careful to pay attention to the world around us as we move forward
• Communication with foreign national workers is vital
• Understand your organization’s needs versus desires
• Learn from the past 3 months!
• Be careful with what news you trust
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Resources• We at Pabian Law are always happy to help!
• (617) 939-9444
• www.pabianlaw.com
• Consulate/Embassy Closures: https://www.usembassy.gov/ & https://www.nafsa.org/regulatory-information/covid-19-restrictions-us-visas-and-entry
• U.S. Citizenship & Immigration Services: https://www.uscis.gov/news/alerts/uscis-response-2019-coronavirus
• U.S. Citizenship & Immigration Services office closings: https://www.uscis.gov/about-us/uscis-office-closings
• U.S. Department of State: https://www.state.gov/coronavirus/
• Travel advisories/suspensions: https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/
• https://www.aljazeera.com/news/2020/03/coronavirus-travel-restrictions-border-shutdowns-country-200318091505922.htmlU.S. Department of Labor: https://www.dol.gov/coronavirus
• Centers for Disease Control and Prevention: https://www.cdc.gov/coronavirus/2019-ncov/index.html
• Countries with travel bans/suspensions: https://www.cnn.com/travel/article/coronavirus-travel-bans/index.html
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Questions?
Keith Pabian
Founding Partner
Pabian Law
40 Speen Street, 4th Floor
Framingham, MA 01701
(617) 939-9444
www.pabianlaw.com