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Like millions of American workers, an Indian software engineer, a British market researcher and an Iranian architect lost their jobs amid the coronavirus pandemic. Unlike Americans, they are not entitled to unemployment benefits, despite paying taxes, because they are on foreign work visas. And, if they fail to find similar jobs soon, they must leave the country.

Rejish Ravindran analyzed data for a national footwear retailer, helping make sales projections and investment decisions. After hiring him on an H-1B skilled-worker visa nearly two years ago, the company recently sponsored his application for legal permanent residency, a process that takes several years to complete.

“It was g...

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On April 22, 2020, President Trump issued a proclamation suspending the entry of any individual seeking to enter the United States as an immigrant who:

• Is outside the United States on the effective date of the proclamation;
• Does not have a valid immigrant visa as of April 23, 2020; and
• Does not have a valid official travel document as of April 23, 2020, or issued on any date thereafter.

The proclamation goes into effect at 11:59 pm (ET) on April 23, 2020, for at least 60 days. It can be extended and modified.

The following categories are EXEMPT from the proclamation:
• Lawful permanent residents (green card holders)
• Individuals, and their spouses and children, see...

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The Families First Coronavirus Response Act (FFCRA or Act) signed into law on March 18, 2020, requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (Department) Wage and Hour Division dministers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date through December 31, 2020.

Generally, the Act provides that employees of covered employers are eligible for:(WHD) a

Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is ...

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The coronavirus emergency relief package, which became law Wednesday, gives many American workers paid leave if they need to take time off work because of the coronavirus.

It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers.

What type of paid leave does the law offer?

It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for the coronavirus, or if they are caring f...

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The U.S. Citizenship and Immigration Services ("USCIS") has announced that it is implementing a new registration process in the next Fiscal Year 2021 H-1B lottery. Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay a $10 H-1B registration fee.The electronic registration process will dramatically streamline processing by reducing paperwork and data exchange, and will provide an overall cost savings to petitioning employers according to the USCIS.

Under this new process, employers seeking H-1B workers subject to the cap, or their authorized representatives, w...

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The U.S. Citizenship and Immigration Services recently expanded its policy guidance last month regarding unlawful acts that may prevent an applicant from meeting the good moral character ("GMC") requirement for naturalization. The commission of, or conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may render an applicant ineligible for naturalization should the act be found to adversely reflect on moral character. Further, a lawful permanent resident who applies for naturalization should note that they are essentially making an application for admission into the U.S., and that a denial of their application could result in deportation proceedin...

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California rings in the New Year and decade with new laws designed to give employees more protections of their rights, and businesses more incentives to leave the state.

1) AB 5: Codifies the ABC Test to determine whether a worker is an Independent Contractor or Employee

In 2018, the California Supreme Court held that the “ABC Test” should be used to determine worker classification status for claims brought by independent contractors seeking protections under the California Wage Orders. Dynamex Operations West, Inc. v. Super. Ct., 4 Cal. 5th 903 (2018). Under the ABC Test, a worker is deemed to be an employee unless the hiring entity proves that: (a) the worker is free from the c...

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Ever since I began practicing immigration law in 2000, I have used the same methodology in preparing my countless clients for their green card / adjustment of status interviews. First impressions are truly important during any interview with the USCIS. A key to making that important first impression is thoughtful organization of your supporting documents. Many USCIS adjudicating officers have complimented me on how I prepare my clients for their interviews and tell me terrible nightmare stories for those who come to their interviews unprepared. In particular, the USCIS officers tend to disfavor the unprepared - those who bring their documents in a disorganized fashion piled randomly in a sho...

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Many hardworking employees who dedicate their lives and sacrifice their own health and family for the good of their corporate employers will sooner or later find a pink slip in their inbox, usually right before the holidays. Whether it's due to "downsizing" or for whatever pretextual reason the employer can think of to justify their discriminatory reason for their termination of employment, getting fired hurts. Getting fired creates immediate fear, especially for those living paycheck to paycheck and have a family to support. Employers try to soften the blow by offering a severance package consisting of a severance check, usually calculated at one week of pay per year of service, and a se...

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Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations rather than on public resources.

This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresse...

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