President Trump Issues Travel Restrictions for Foreign Nationals from Schengen Area and UK and Ireland

President Donald Trump announced last night that effective Friday, March 13, at midnight, the US government would begin restricting travel for foreign nationals coming to the US from more than two dozen European countries in the Schengen area for thirty days, in an attempt to contain the spread of coronavirus (COVID-19). The thirty-day travel restriction will only apply to foreign nationals who were physically present within the Schengen area during a fourteen-day period preceding entry to the US. The travel restrictions do not apply to American citizens or lawful permanent residents or their spouses or children.

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Forbes: "Judge Slaps Down USCIS In Significant H-1B Visa Court Case"

US Magistrate Judge L. Patrick Auld has ruled that US Citizenship & Immigration Services (USCIS) improperly denied an H-1B petition after USCIS claimed the position did not qualify as a “specialty occupation.” Stuart Anderson, senior contributor at Forbes, writes that this ruling is the “first known case where a federal judge has analyzed whether the USCIS interpretation of its H-1B regulation is entitled to deference under the recent Supreme Court Kisor decision — and the judge determined the USCIS interpretation was not entitled to deference.” In the ruling, the judge rejected USCIS’s assertion that the agency could deny an H-1B petition because the position did not require a degree in a specific subspecialty and that position could be filled by an individual with a degree in more than one discipline.

USCIS uses a convoluted, nearly indecipherable rationale to define the word ‘degree’ to mean ‘not just a degree,’ but a degree in a specific specialty,” Bradley Banias, a partner with Wasden Banias, LLC who argued the case for the plaintiff, told Anderson in an interview. “Based on this rationale, the agency would find if the position could be filled by someone with a mechanical engineering degree or an electrical engineering degree, USCIS would say that position is not a specialty occupation because it does not require a lone type of degree in a specific specialty.” Banias praised the ruling: “For years, USCIS has used nonsensical distinctions to deny H-1Bs. This opinion will allow employers to push back hard.”

CNN: "1 in 10 eligible voters in 2020 are immigrants. That's a record high"

As voters go to the polls today to vote in the “Super Tuesday” democratic presidential primary, many of those voters could be immigrants. More than 23 million US immigrants will be eligible to vote in the 2020 presidential election, a record high, according to a Pew Research Center report based on Census Bureau data. The report, released last Wednesday, notes that the size of the immigrant electorate has nearly doubled since 2000 with immigrants making up roughly 10% of the nation’s overall electorate. The report notes that most immigrant eligible voters are either Hispanic or Asian with immigrants from Mexico making up the single largest group with sixteen percent of foreign-born voters.

The increase in immigrant voting population coincides at a time when immigration policy issues are a key consideration for many voters. "Many of the administration's proposed policy changes, such as expanding the U.S.-Mexico border wall and limiting legal immigration, have generated strong, polarized reactions from the public," the Pew Research Center says. "These proposals may also affect how immigrants see their place in America and the potential role they could play in the 2020 presidential election.”

Can I Freelance on My Nonimmigrant Visa? Limitations and Opportunities in the US Immigration System

It is more and more common for people to want to structure their careers free from the ties of a standard employer/employee relationship. What used to be the standard nine-to-five job with the same employer is becoming less and less suited to the new ways that people work. For many people who work in the arts especially, working on projects for multiple employers is the best way to structure their work. However, doing myriad projects for multiple clients or employers can be challenging under the current immigration system and visa structures. While the US has a clear interest in protecting US workers and ensuring foreign nationals do not come to the US without actual work lined up, the immigration system fails to properly allow for the increasing trend of people working under a freelance model.

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