the future of immigration and the use of foreign nationals
TRANSCRIPT
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
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
At this moment, what is happening from an immigration standpoint?
How is COVID-19 affecting U.S. immigration?
What has changed since mid-March?
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
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
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
Is immigration to the U.S. still possible?
But, what could be coming…and why?
Poll: Are you worried about potential changes to U.S. immigration laws during/as a result of the pandemic?
President Trump’s Approval Ratings
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?
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”
Possible changes to U.S. Immigration due to COVID-19
IMPORTANT: These are currently all just rumors!!!
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
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
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?
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
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
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
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
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
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?
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
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…?
What could prevent this change?
Very little. Higher government filing fees are likely coming
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
Which visa type, if suspended, would be most impactful to your
organization?
Looking ahead
How to handle staffing with foreign nationals in this environment?
Summer-season organizations
Winter-season organizations
Year-round organizations
What to do if you already employ foreign nationals?
OPEN COMMUNICATIONS UNDERSTAND RUMORS VS. TRUTH & BE FLEXIBLE WITH MOVING
TARGETS
SHOW YOU CARE
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
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
Questions?
Keith Pabian
Founding Partner
Pabian Law
40 Speen Street, 4th Floor
Framingham, MA 01701
(617) 939-9444
www.pabianlaw.com