, your ESTA may be not good anymore, if you have travelled to Cuba

The April2023 Newsletter

Greetings!

BridgehouseLaw wishes you a blessed and happy Easter.

And to all the students, out on spring break: enjoy and have fun!

This newsletter focuses on topics including:

ESTA restrictions
OSHAs authority to grant U and T visa certification
BridgehouseLaws Attorney Host Program

Read more in the newsletter below!

Best wishes.

Reinhard von Hennigs &

Your Team at BridgehouseLaw LLP

Morning Musings

As you may know, Reinhard von Hennigs has been musing about current events and topics for more than three years now. The second book is ready to be published.

In the meantime, do check out the Morning Musing library on YouTube.

Can You Still Apply for an ESTA if You’ve Been to Cuba?

Over the past few years, the United States announced changes with regard to ESTA eligibility for people who have been to Cuba. In January 2021, the Trump administration included Cuba in the U.S. Department’s State Sponsors of Terrorism List. This has also affected the way that travelers can gain entry into the United States via ESTA.

Foreign travelers from countries included in the Electronic System for Travel Authorization (ESTA)—a visa waiver program for over 40 countries including European Union member states—who visited Cuba during or after January 2021 are required to request a visa at the Consulate General or Consular Section of the U.S. Embassy in their home country.

What is a State Sponsor of Terrorism?

The U.S. Department of State determines the countries that have repeatedly provided support for acts of international terrorism and designates them pursuant to three U.S. laws. The four primary categories of sanctions resulting from designation under these authorities include: (1) restrictions on U.S. foreign assistance; (2) a ban on defense exports and sales; (3) certain controls over exports of dual use items; and (4) miscellaneous financial and other restrictions.

Which nations are designated by the Secretary of State as State Sponsors of Terrorism?

There are four countries that are currently designated by the U.S. Department as State Sponsors of Terrorism:

- Cuba (Designated on January 12, 2021)

- North Korea (Designated on November 20, 2017)

- Iran (Designated on January 19, 1984)

- Syria (Designated on December 29, 1979)

State Sponsors of Terrorism- U.S. Dept. of State

Why does this matter?

· Foreign travelers from countries included in the ESTA program who visited Cuba on or after January 2021 are required to request a visa at the Consulate General or Consular Section of the U.S. Embassy in their home country.

o This requirement will likely have negative impacts on Cuba’s tourism industry because it may disincentivize travel to Cuba.

· Cuba’s inclusion on the State Sponsors of Terrorism list limits foreign investment and creates substantial obstacles to delivering humanitarian aid to the island.

· The U.S. government is limited in its ability to support Cuban individuals and businesses.

· In addition to being penalized under the above-referenced legal authorities, designation on the State Sponsors of Terrorism list also implicates other sanctions laws that restrict trade with state sponsors.

Michelle Aguilar, Law Clerk, BridgehouseLaw Charlotte

For the First Time, the United States Department of Labor Grants

U & T Visa Certification Authority to OSHA

The Occupational Safety and Health Administration (OSHA) has historically been responsible for enforcing occupational health and safety laws that allow workers to perform jobs under safe protocols that provide them with recourse when subject to workplace retaliation.

On February 13, 2023, U.S. Secretary of Labor Marty Walsh joined OSHA Assistant Secretary Doug Parker to sign a memorandum that provides OSHA with the authority to issue certifications in support of applications for U nonimmigrant status and T nonimmigrant status visas.

U & T Visa Certifications

The Victims of Trafficking and Violence Protection Act of 2000 established two types of immigration benefits available to certain victims of crime. The U nonimmigrant status (U visa) provides temporary status to victims of an enumerated list of “qualifying criminal activities” (QCAs) who have suffered substantial physical or mental abuse as a result of the criminal activity. The T nonimmigrant status (T visa) provides temporary status to certain victims of human trafficking who have or are willing to assist law enforcement authorities in the detection, investigation, or prosecution of trafficking crimes.

Effective March 30, 2023, this authority will allow OSHA to authorize certifications when the agency, during a workplace safety investigation, identifies certain criminal activities, including forced labor, involuntary servitude, witness tampering, perjury, murder, manslaughter, blackmail, trafficking, extortion, felonious assault, obstruction of justice, conspiracy, or solicitation to commit any of the listed crimes.

What does this mean for employers?

This grant of authority may change the nature of OSHA workplace investigations. OSHA’s new grant of authority will permit the agency to issue U & T visa certifications during their inspections when the agency identifies QCAs. It is important for employers to note that OSHA inspections are serious activities that have the potential to raise grave ramifications.

Resources

Human trafficking fact sheet

Click here to access the U.S. Department of Labor’s February 2023 press release concerning this news.

Click here to learn more about worker protections and rights.

Michelle Aguilar, Law Clerk, BridgehouseLaw Charlotte

Attorney Host Program:

Attorney Becker’s Charlotte-Cologne Experience

BridgehouseLaw’s Attorney Host Program (AHP) provides enriching professional opportunities for attorneys to work from a different BridgehouseLaw office. In early 2023, I was selected as part of the pilot program for BridgehouseLaw’s Attorney Host Program from Charlotte, North Carolina, and for the past two months, I have been living and working in the German city of Cologne.

The past two months I have spent in Cologne have been fantastic for my professional development.

Working from BridgehouseLaw’s U.S. Desk in its Cologne office, I have developed my German language abilities, gained exposure to and understanding of German and European Union law, and provided international legal advice to BridgehouseLaw Cologne’s clients. I have observed German legal proceedings, written legal opinions submitted to the German court, and even traveled to the U.S. Consulate General in Frankfurt to learn and observe the practice of U.S. international notaries. Of all my experiences these past two months, the most valuable has been the opportunity to observe and work closely with two of BridgehouseLaw’s German attorneys and partners, Attorney Kevin Villwock and Attorney Michael Heinze.

Attorney Villwock and Attorney Heinze lead a well-organized office of attorneys, law clerks, and legal assistants in Cologne, providing complex and sophisticated legal advice in a wide variety of matters. Attorney Villwock is specialized in banking law and capital market law and regularly attends to complex estate administration and probate matters, and Attorney Heinze is specialized in commercial and corporate law, but the legal knowledge and capacity of their office are by no means limited to these areas. The Cologne office serves clients domestically and internationally with attention, care, and efficiency to achieve the client’s goals.

Contributing to BridgehouseLaw Cologne’s international practice has been an immensely rewarding experience. I have greatly enjoyed working with BridgehouseLaw Cologne’s team of professionals and providing U.S. legal advice to its clients via client meetings, legal memos, or otherwise.

On a personal level, I would be remiss if I didn’t mention the unique cultural experiences I’ve had in Cologne, from celebrating Karneval to attending an FC Köln soccer match—all of which have made me appreciate what it means to be a Kölner.

I am now excited to return to BridgehouseLaw’s Charlotte office, equipped with new and developed skills to serve my international clients as well as BridgehouseLaw Cologne’s clients from abroad. Und nach Köln sage ich, bis zum nächsten Mal!

Caitlin Becker, Attorney at Law, BridgehouseLaw Charlotte