MAGGIO KATTAR PRESENTS U S IMMIGRATION AMID COVID19S

MAGGIO KATTAR PRESENTS: U. S. IMMIGRATION AMID COVID-19’S SPECIAL CIRCUMSTANCES: Restrictions and recommendations

YOUR PRESENTERS Jim Alexander Managing Shareholder Giulia Principe Attorney

TOPICS CHANGES TO NONIMMIGRANT VISA PROCESSING AFTER THE SPREAD OF COVID 19 PRESIDENT TRUMP’S APRIL EXECUTIVE ORDER CHANGES IN USCIS ADJUDICATION AND CONSULAR VISA PROCESSING BEST PRACTICES FOR PREPARING VISA APPLICATIONS RECCOMMENDATIONS FOR EMPLOYERS MANAGING EXPATRIATES

IMPLEMENTATION OF TRAVEL BANS & CONSULAR CLOSURES Ban On Travel From China • Feb 2, 2020 • Wait 14 Days After Departing China To Enter U. S. • U. S. Citizens, Permanent Residents, and Their Families Exempt Ban On Travel From Iran • March 2, 2020 • Wait 14 Days After Departing Iran To Enter U. S. • U. S. Citizens, Permanent Residents, and Their Families Exempt European & UK Travel Ban • March 13, 2020 • Wait 14 Days After Departing Schengen Region or U. K. • Ireland subsequently included • U. S. Citizens, Permanent Residents, and Their Families Exempt • Other strict exemptions apply (such as alien whose entry would be in the national interest of the US) • Travel will be into effect until further proclamation by the President Consulates Close • Weeks of March 9 th and 16 th, 2020 • Only emergency appointments can be scheduled 4 US Borders Close to Canada and Mexico • March 24, 2020 • Temporary closures restricts admission of tourists • However, foreign national workers and students who must travel to US country may be eligible for admission

PRESIDENT TRUMP’S APRIL 22, 2020 PROCLAMATION Effective April 23, 2020 -Only applies to immigrants who are outside the U. S. on April 22, 2020 and seeking entry in the United States for the first time as Immigrants. -Does not apply to immigrants who are already in possession of an immigrant visa and other travel documents. -60 day ban, which may be renewed. -Intended to protect U. S. Workers. -Asks Secretary of State, Secretary Of Homeland Security and Secretary of Labor to review nonimmigrant visa classifications within 30 days and to advise on additional measures.

USCIS ADJUDICATIONS • USCIS is still open and is reviewing petitions and applications. • If individuals are in the United States in a valid nonimmigrant status, companies may seek extensions through USCIS. • Automatic extension of work authorization for most nonimmigrant visa classifications, if employer timely files extension request, is still available. • Employers should anticipate additional scrutiny when requesting extensions of status. § Buy American Hire American Executive Order. Instructs USCIS examiners to consider whether the foreign employee is taking a job away from U. S. Workers. § Premium processing has been suspended. § Start extension process timely so that petitions can be submitted six months before expiration

BEST PRACTICES FOR PREPARING VISA APPLICATIONS • ESTA and B-1 Business Travelers § Review proposed activities of individuals seeking admission to the U. S. on ESTA or B-1 visas. § Ensure that business travelers do not intend to engage in unauthorized work while in the U. S. § If ESTA or B-1 business travelers are in a Schengen country, the U. K. , Ireland, Switzerland, Iran or China, do not plan to send them directly to the U. S. if travel bans are still in effect. § Ensure employees traveling to the U. S. can demonstrate the urgency for their presence in the U. S. § Do not plan to send employees to the U. S. on ESTA for more than 90 days

BEST PRACTICES FOR PREPARING VISA APPLICATIONS • E Visa Applications § All E-1 and E-2 Visa Applications in Italy are submitted electronically to the U. S. Embassy in Rome. § Applications are still being accepted. § Anticipate a backlog of applications once the Embassy reopens. § Delays in scheduling visa interviews is likely. § Important! Do not delay the preparation and submission of applications. § Submit evidence of the employee’s critical role in the United States. § Highlight as applicable, whether the applicant will hire US workers as part of his role

L-1 VISA APPLICATIONS Two ways to process L-1 visa applications. § Blanket L petitions – no need to submit an L-1 petititoin to USCIS before scheduling visa interview at U. S. Consulate. Must have valid approved blanket L petition that includes the U. S. Petitioner and the beneficiary’s foriegn employer. • New Standard Of Review: • Consular officers must deny L-1 visa applications if there is any doubt that the applicant qualifies for L-1 status. • New standard will lead to increased scrutiny by Consulate Offices. • Additional evidence and information to be included in L-1 visa application. § Individual L-1 petition – submit L-1 petition through USCIS. Will take USCIS between 2 to 4 months to complete initial review. USCIS must approve the L-1 petition before an employee may appear at a U. S. Consulate outside this country for a visa interview.

RECOMMENDATIONS FOR EMPLOYERS • Start the preparation of initial petitions with USCIS and visa application processes with Consulates early given the current closure of consulates and the possibility of backlog in obtaining visa interviews. • Give priority to mission critical assignments. • Select transferees with clearly unique skills or knowledge of the company’s technology, products, processes or procedures that can be documented (patents, trademarks, trade secrets always a plus). • Seek the support of the U. S. hiring manager to obtain information regarding the important nature of the assignment and how the transferee will enhance U. S. Company’s workforce. • For foreign national workforce populatioon already working in the U. S. , request copies of their most recently issued I-94 s and start extension process as early as possible – ideally eight months before expiration date on the I-94

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