BREAKING: June 22, 2020

The Trump Administration has announced that the president will issue an Executive Order suspending the issuance of new work visas abroad, including H-1B visas, H-2B visas, L Intracompany Transferees and J-1 Exchange Visitors, through at least October 1, 2020, a move that will severely curtail the entry of foreign labor into the United States.  The suspension is intended to bolster the job market for U.S. workers during the coronavirus pandemic, however critics question the economics behind the policy and suggest the suspension could lead to a reduction in U.S. competitiveness in the global economy and could hurt U.S. techology companies.

Stay tuned for further developments.

 

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INA § 101(a)(15)(L), 8 CFR § 214.2(l)

An Intracompany Transferee. . .

The employee must have worked abroad for the foreign company for a continuous period of ONE YEAR in the preceding THREE YEARS.

. . . between qualifying companies. . .

The foreign company for which the employee has worked for at least one year abroad must possess shared ownership with the sponsoring U.S. company in a specific manner recognized by U.S. business laws.

. . . during the entire period of stay in the U.S. . .

Both foreign and U.S. companies must be qualifying organizations that are actively engaged in business during the ENTIRE PERIOD of employee assignment to the U.S.

. . .who was employed abroad in a specialized capacity. . .  

The employee to be transferred must have been employed abroad in an EXECUTIVE or MANAGERIAL position (L-1A) or a position requiring SPECIALIZED KNOWLEDGE (L-1B).

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