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Greg Berk is a partner in the Labor and Employment Practice Practice Group and Leader of the Immigration Practice.

The travel bans imposed by the U.S. Government during the COVID-19 national pandemic created enormous logistical challenges for anyone seeking to fly to the U.S. from a country on the travel ban list.  Even today, there is still a great deal of confusion regarding who is subject to the travel ban, what are the exceptions, and how to go about applying for a National Interest Exception (NIE) waiver.  The checklist below is intended to help simplify an albeit complicated process.  Of course, most U.S. Consulates are still operating at limited capacities so significant delays for waivers and visa stamping is still the norm.


Continue Reading Navigating the Travel Ban Jungle: National Interest Exception Checklist for the U.S. COVID Travel Bans

Hiring employees does not usually call to mind international trade compliance obligations. However, together U.S. export controls and anti-discrimination laws create a web that is overlooked or misunderstood by many types of employers of all sizes across many industries. Anti-discrimination laws prohibit unlawful citizenship status restrictions when hiring, and U.S. export controls prohibit disclosing controlled information to foreign nationals without authorization. Together, these law limit acceptable job descriptions and hiring practices.
Continue Reading Export Control HR Pitfalls To Avoid When Hiring

The scenario happens all the time:

Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager has drafted the job posting.

What could go wrong? Export controls and anti-discrimination laws require employers to navigate an often-overlooked fine line when recruiting and hiring foreign nationals for positions involving export controlled information.


Continue Reading Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

With the growing concern about Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) some foreign nationals who live outside the U.S. have decided to fly to the U.S. and wait out the crisis.  This article discusses the related visa and immigration issues, and what U.S. Customs and Border Protection requires to admit someone into the U.S.
Continue Reading Coming to America…to Wait Out the Coronavirus — Visa & Immigration Considerations

Lately, ICE has been more active in making arrests of undocumented individuals. Statistically however, the number of arrests are very small and the “bark” is much bigger than the “bite.” Nonetheless, it is helpful for employers and other stakeholders to know what the required protocols and duties are if ICE shows up, employee rights, and bystander rights. Below is a quick checklist to help you along with important guidance.

Major Points

  • Immigration is a civil matter, not criminal. The majority of ICE warrants are administrative civil warrants.
  • ICE priorities are arresting those with criminal convictions and those who have been previously ordered removed (absconders). ICE may pursue these activities in public areas.
  • Anybody arrested by ICE has the right to counsel.
  • ICE agents are federal employees that are working as directed. Nonetheless, it is the policy of most employers that ICE activities focusing on the personal immigration issues of an individual shall not take place on company property.
  • If an ICE agent does attempt to arrest someone on company property, do not interfere as that will complicate matters. However, please contact your manager and they will coordinate with HR and Legal.
    Continue Reading ICE May Visit Your Company or University Campus – a Quick Checklist and Guidance

While the Travel Ban continues to move up and down the federal court system, here are the latest rules governing travel for citizens of the affected countries as a result of the U.S. Supreme Court’s lifting of the lower courts’ injunctions on December 4, 2017, a December 22 ruling by the Ninth Circuit invalidating the latest travel ban but not enjoining it, and recent action by a Federal District Court in Seattle partially lifting the refugee ban on December 23, 2017:
Continue Reading Confused by the Evolving Travel Ban? Here’s a Cheat Sheet with the Latest Guidance

USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the “dreamers” who came here as children without visas. Here’s a summary of how the new rules will impact your employees that have DACA status:
Continue Reading The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees