Employee Visa Updates: Brace Yourself for Post-Pandemic Hassles

Live Webinar

  • 90 minutes

COVID-19 has changed America ---and American business and educational institutions --- for the foreseeable future. And perhaps forever. The changes are many, some predictable, others unexpected, and even surprising. One impact, perhaps expected by the experts but surprising to many businesses and universities, is the dramatic shift in U.S. work-related visa policies.

The alert observer perhaps saw it coming. Since the onset of the Trump Administration in 2017, a series of Executive Orders sought to limit travel and immigration into the United States by citizens of selected, specific countries. New Department of Homeland Security regulations, that thus far has survived Supreme Court scrutiny, exclude would-be immigrants whose financial status suggests future dependence on social services. And, in 2019, immigration attorneys were detecting negative alterations in the way L-1 visa holders were being treated at the Canadian border.

Mid-way through the pandemic shutdown of non-essential businesses, President Trump issued an executive order, restricting entry into the U.S. of H-1B and L-1 worker- visa holders. The order expired on June 22nd … and was immediately succeeded by a new Executive Order extending the restrictions through the remainder of the calendar 2020.

The new, longer-lived Executive Order impacts not only H and L visas but also J visas awarded to au pairs, summer-season employees, and other temporary workers. Meanwhile, the U.S. Supreme Court in a 5-4 decision penned by Chief Justice Roberts stunned the White House with its mid-June ruling that the rescission of the DACA program by yet another executive order was improper and unenforceable. The fate of the hundreds of thousands of Dreamers is now back in the hands of the Administration and the Congress, precisely when the June 22nd Order signals a protectionist policy toward American jobs.

Join Attorney Jim Castagna, as he brings his decades of experience with student and employee visas to bear on these latest developments and offers prescriptive measures aimed at helping businesses, institutions, and organizations to cope with the “new normal” in the visa arena.

Session Highlights:

  • Overviews of the H-1B, H-2B, and L-1 visas 

  • Detailed analysis of the June 22nd Executive Order

  • Review of the Supreme Court’s new DCA decision and the future of the Dreamers 

  • Detailed analysis of possible alternatives to the H and L visas, including the business-visitor and outstanding-individual categories 

  • Review of the TN visa program under the “New NAFTA”

  • Advice on dealing with the “new normal” at the Department of Homeland Security, as America struggles to recover from the economic impact of the pandemic 

  • An overview of Curricular Practical Training and Optional Practical training at the university level

  • An evaluation of the pros and cons of CPT v. OPT and an assessment of their futures

Why You Should Attend:

By attending this webinar, you will get to know that would you still be able to recruit international students straight out of college. You will also learn how harder it is going to demonstrate that your H-1B applicants have the specialized technical skills necessary to qualify. The webinar will also cover: Is USCIS changing the definition of the employer-employee relationship and minimum salary requirements for the H-1B and Is USCIS seeking to force outsourcing out of the H-1B market. Also, you will get to know that how does the USCIS plan to make it harder for my multi-national corporation to transfer foreign executive to U.S. operations.

Who Should Attend:

  1. Human resource professionals 

  2. Legal counsel 

  3. EEO and diversity professionals Representing: 

  • For-profit corporations

  • Non-profit organizations 

  • Colleges and universities

You may ask your Question directly to our expert during the Q&A session. 

** You can buy On-Demand and view it at your convenience.

Jim Ottavio Castagnera

Jim Ottavio Castagnera

Dr. Jim Castagnera, Esq. holds a JD and a PhD from Case Western Reserve University. He spent 10 years as a labor, employment and IP lawyer with the major Philadelphia law firm Saul Ewing, before entering higher education. For the past 22 years he has been legal counsel and associate provost at a central New Jersey university. He also is the principal consultant and co-owner of K&C HR Enterprises/Holland Media Services, which provides writing, educational and consulting services to its clients, primarily in business and employment law, higher education/non-profit law and policy, and enterprise risk management.

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