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Worldwide ERC® Files Amicus Brief Supporting Legal Challenges to Immigration Proclamation

Worldwide ERC® has filed an amicus brief supporting two lawsuits challenging the administration’s immigration proclamation that suspends certain nonimmigrant workers from entering the United States until the end of the year.

On 28 August, Worldwide ERC® filed an amicus brief in support of two complaints (Gomez et al v. Trump et al and National Association of Manufacturers, et al. v. Dept Homeland Security, et al) filed against the administration’s immigration proclamation that suspends certain nonimmigrant workers, H-1B, H-2B, L-1 and certain J-1 cultural exchange visitors, from entering the United States until the end of the year.

What is an Amicus Curiae?

An amicus curiae, commonly referred to as an amicus brief, is filed on behalf of a party in court to educate the court “on points of law that are in doubt, gathers or organizes information, or raises awareness about some aspects of the case that the court might otherwise miss.” Amicus curiae literally means “friend of the court,” helping to educate the court on a certain issue.

Why did Worldwide ERC® file this amicus brief?

As the trade association representing organizations that rely on executive and manager intracompany transferees to run their worldwide operations, as well as the many service providers who assist in relocating these employees, Worldwide ERC® was best positioned to file an amicus brief and highlight the adverse impact of the visa entry ban on U.S. businesses that utilize the L visas. This amicus brief will support complaints already filed by the U.S. Chamber of Commerce and the National Association of Manufacturers, as well as the American Immigration Lawyers Association in support of the H-1B, H-2B, L-1 and certain J-1 cultural exchange visitors. Other organizations have filed amicus briefs in support of visas that are particularly important to their constituents. No other organization is as well-positioned as Worldwide ERC® to lead on L visas.

Why was it important to file the amicus brief?

In particular, executives and managers are essential to the U.S. operations of global organizations, and they cannot run or supervise the U.S. operations from abroad. If L visas users are banned from entering the U.S. for at minimum six months, then business plans could be significantly disrupted, market share could be lost, and organizations’ ability to deliver goods to consumers could be impaired.

Is focusing an amicus brief on the L visa a strong argument?

Yes. The legal arguments and factual arguments for limiting the reach of the administration’s visa entry ban are strong. Executives and managers are core to the U.S. operations of global organizations, and they cannot run or supervise the U.S. operations from abroad. Further, L visas can truly not be accused of taking U.S. worker jobs as the job is never open given a transferee is an organization’s employee.

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How This Impacts Mobility

By filing this amicus brief, Worldwide ERC® is uniquely positioned to highlight the adverse impact of the visa entry ban on U.S. businesses that utilize the L visas. The executive and manager intracompany transfers as well as the service providers who assist in relocating these employees are crucial to the operations of global organizations in the U.S. As this issue develops, Worldwide ERC® will continue to provide updates on this issue, and should any member have questions regarding the amicus brief, please reach out to Vice President, Member Engagement and Public Policy Rebecca Peters, rpeters@worldwideerc.org.

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