As a result of a technical issue, applications from October 3rd to October 10th for the 2019 Diversity Lottery were labeled as invalid and excluded from the Department of State’s entry system.
On October 8th, 2017, the White House produced an executive summary of the Trump Administration’s Immigration Policy Priorities. The one-page document outlines several policy proposals, some far more drastic than others, concerning border security, interior enforcement, and a merit-based immigration system.
USCIS has been denying Form I-131 advance parole applications for abandonment in instances in which the applicant traveled abroad while their application was pending. In their denial notification, USCIS references page six (6) of the Form I-131 instructions which states: “If you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned”.
On October 2, 2017, USCIS announced that due to a new relationship with the Social Security Administration, foreign nationals under certain categories and classifications are eligible to apply for an employment authorization document (EAD) and a Social Security Number (SSN) using a single form.
On September 24, 2017, the White House Office released a Presidential Proclamation signed by President Donald J. Trump, which enhances vetting processes and suspends travel to the United States for certain citizens of seven (7) nations: Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen. President Trump described the Proclamation as necessary to “protect the security and interests of the United States and its people.”
On September 27, 2017, the White House formally announced to congressional leaders that it plans to lower the cap on the number of refugees accepted into the United States to 45,000 in the next fiscal year.
Effective October 1, 2017, USCIS will begin to require substantially more in-person interviews for those applying for permanent residence status. USCIS will specifically begin implementing in-person interviews for all employment-based green card applicants, as well as asylees and refugees who are petitioning for spouse or child to join them in the United States.
On August 18th, 2017, the American Immigration Lawyers Association (AILA) released a practice alert concerning the recent USCIS policy change to deny Form 1-131 advance parole applications for abandonment in instances in which the applicant has traveled abroad during the pendency of the application. USCIS has maintained that these applications are considered abandoned even when the applicant has a separate valid advance parole document or a valid H, K, L, or V visa to return to the United States.
USCIS has determined TPS recipients to be eligible for adjustment of status to permanent residence status under the 6th and 9th Circuit jurisdictions. As long as the applicant meets all other eligibility grounds at the time of filing, TPS recipients under these jurisdictions are eligible for adjustment of status.
On July 11, 2017, the Department of Homeland Security announced their decision to delay the implementation of the International Entrepreneur Final Rule, previously set to go into effect on July 17. This rule will now go into effect on March 14, 2018.
On May 3, 2017, U.S. Citizenship & Immigration Services (USCIS) announced it had completed data entry of all fiscal year 2018 H-1B cap-subject petitions. The returning of all H-1B cap-subject petitions that were not selected will now begin.
U.S. Citizenship and Immigration Services (USCIS) announced that the congressionally mandated 65,000 visa H-1B cap for Fiscal Year 2018 has been reached. USCIS has also received a sufficient number of H-1B petitions to meet the additional 20,000 visa U.S. advanced degree allotment, also known as the Master’s Cap. USCIS will therefore reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.
On March 3, 2017 U.S. Citizenship and Immigration Services (USCIS) announced that Premium Processing for the H-1B skilled-worker visa program will be temporarily suspended. Suspension will be effective April 3, 2017 up to six (6) month period. Applicants who wish to pay the additional fee of $1,225 for a Premium Processing response within fifteen days will no longer have that option.
Certain dependent nonimmigrant statuses are eligible to apply for work authorization. To apply, a separate petition is required.
On January 20, 2017, President Donald J. Trump assumed office as President of the United States. With the administration change comes certain policy changes that will affect U.S. immigration law. We strive to keep our clients informed of all important news updates, and we will continue to provide ongoing updates.
Beginning on January 22, 2017, employers must use the newest version of Form I-9, Employment Eligibility Verification, released on November 14, 2016. Form I-9 is used to verify the identity and work eligibility of every new employee hired or for the reverification of expiring employment authorization, if applicable.
On January 17, 2017, the Department of Homeland Security (DHS) published a rule, effective on July 17, 2017, that allows certain international entrepreneurs to be considered for temporary parole for a maximum stay of up to five (5) tears. The rule will allow entrepreneurs of start-up entities, whose entry into the U.S. would provide a significant public benefit through substantial and demonstrated potential for rapid business growth and job creation, to be granted temporary parole.
Spring 2017 is just around the corner, and now is the time to start preparing for H-1B filing season, which begins on April 1. Our office would like to remind Human Resources personnel that they should make determinations about hiring, with H-1B eligible persons in mind. It is crucial to make plans with counsel to ensure that all information is gathered before the April 1 filing period.
On August 26, 2016, the United States Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) intends to publish a proposed rule that would allow certain international entrepreneurs to be considered for temporary parole for an initial stay of up to two (2) years. The proposed rule would allow entrepreneurs of start-up entities, whose entry into the U.S. would provide a significant public benefit through substantial and demonstrated potential for rapid business growth and job creation, to be granted temporary parole.
The U.S. Court of Appeals for the Fifth Circuit ruled last month that I-9 corporate attestation was permissible in ESSG v. OCAHO, as Employer’s Solutions Staffing Group (ESSG) lacked fair notice that corporate attestation was prohibited.