Mid-June 2018 Immigration Update
Lottery Has Begun for Increased H-2B Petitions – USCIS began accepting H-2B petitions under the temporary final rule increasing the numerical limit, or cap, on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of FY 2018. Labor Dept. Adds Time Received to Receipt Date for Review of H-2B Temporary Labor Certification […]
June 2018 Global Immigration Update
Feature Article CITIZENSHIP: AN OVERVIEW – This article provides an overview in Q&A format of citizenship issues in several countries. Country Updates HONG KONG – This article discusses expatriation issues in Hong Kong; explains the rationale behind some U.S. citizens’ decision to migrate to Hong Kong and, in some cases, renounce their U.S. citizenship; provides […]
June 2018 Immigration Update
Headlines: DHS Announces Additional 15,000 H-2B Temporary Nonagricultural Worker Visas for FY 2018 – Secretary Nielsen said there are not enough qualified, U.S. workers available to perform temporary nonagricultural labor to satisfy the needs of U.S. businesses in FY 2018. This allocation is in addition to the 66,000 visas already issued this year. DHS Proposes […]
Mid-May 2018 Immigration Update
Headlines: Seven States Sue to End DACA; NAACP Declares Victory in Another DACA Decision – A lawsuit claims that the 2012 executive action creating DACA was unlawful, and seeks declaratory and injunctive relief; NAACP celebrates another DACA decision. USCIS Issues New Policy on Accrual of Unlawful Presence for F, J, M Nonimmigrants – The new […]
May 2018 Immigration Update
Headlines: USCIS Plans to Revise Definition of Specialty Occupation, Employment, Employer-Employee Relationship, Among Other Actions – The letter does not specify how these definitions will be revised or when the proposed regulations will be issued. Gorsuch Votes Against Trump Administration in Deportation Case; DHS, ICE Issue Statements – U.S. Supreme Court Justice Neil Gorsuch voted […]
Mid-April 2018 Immigration Update
Headlines: Attorney General Orders ‘Zero Tolerance’ Policy for Improper Entries at Southwest Border; President Issues Memo on ‘Catch and Release‘ – Attorney General Jeff Sessions directed federal prosecutors along the southwest border of the United States to adopt immediately a “zero-tolerance policy.” Later the same day, President Donald Trump issued a memorandum on “catch and […]
April 2018 Immigration Update
Headlines: USCIS To Begin Accepting FY 2019 H-1B Cap-Subject Petitions April 2, Suspends Premium Processing – Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the FY 2019 cap. USCIS said it will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a […]
H-1B Tips for Employers
On April 2, employers can start filing H-1B temporary visa petitions for foreign professionals for work starting October 1, 2018. The law limits new H-1B visa numbers to 85,000 a year. Because many more employers than that are likely to file petitions, U.S. Citizenship and Immigration Services (USCIS) will receive applications for one week and […]
Mid-March 2018 Immigration Update
Headlines: California, Sued by Dept. of Justice for ‘Sanctuary’ Laws, Continues to Resist – DOJ filed a lawsuit against the state of California, its governor, and its attorney general over several “sanctuary” laws passed by the state. State officials remained defiant. Lost in the Weed: Practitioners Warn About Potential Immigration Consequences of Marijuana Use – […]
March 2018 Immigration Update
Headlines: Supreme Court Declines Trump Administration Appeal in DACA Case – The U.S. Supreme Court let stand without comment a ruling by a federal judge to block the Trump administration’s plan to end Deferred Action for Childhood Arrivals by March 5, 2018. Supreme Court Says Certain Aliens May Be Held in Indefinite Detention, Remands Case […]
Mid-February 2018 Immigration Update
Headlines: Immigration Bills Fail in Senate, Including DACA; House Bill’s Prospects Appear Dim; Second Court Enjoins DACA Rescission – Four immigration bills failed in the U.S. Senate, and a House bill appears doomed. Also, a second court enjoined DACA rescission, with a nationwide preliminary injunction while lawsuits proceed. The decision included certain limitations. President Trump […]
February 2018 Immigration Update
Headlines: State of the Union Speech Outlines Immigration Reform Proposal; White House Releases ‘Framework’ on Immigration and Border Security – President Donald Trump outlined several immigration-related themes during his State of the Union address on January 30, 2018. Also, the Trump administration released its “Framework on Immigration Reform & Border Security” on January 25, 2018. […]
Mid-January 2018 Immigration Update
Headlines: Former DHS Secretaries Urge Congress To Act on DACA Now; Administration Begins Accepting DACA Renewal Applications – Former DHS Secretaries Michael Chertoff, Jeh Johnson, and Janet Napolitano sent a letter to Republican and Democratic congressional leaders urging swift passage of legislation to allow the 690,000 “Dreamers” under the Deferred Action for Childhood Arrivals program […]
January 2018 Immigration Update
Headlines ABIL Commentary: Threats, Opportunities for Employers in 2018 – After a tumultuous, difficult year in 2017 with respect to immigration and border issues, attorneys from the Alliance of Business Immigration Lawyers (ABIL) shared their thoughts on what employers can expect in 2018. REAL ID Act: New Security Measures Start January 22 – Starting January […]
December 2017 Global Immigration Update
Feature Article EFFECT OF CRIMINAL CONVICTIONS ON IMMIGRATION: AN OVERVIEW – This article provides an overview of recent developments in several countries with respect to the effect of criminal convictions on immigration. Country Updates EUROPEAN UNION – The European Court of Justice recently dismissed a challenge by Slovakia and Hungary to a mandatory allocation of […]
Mid-December 2017 Immigration Update
Headlines: USCIS Is Accepting Applications Under International Entrepreneur Rule (IER) But Plans Proposed Rule to Eliminate IER – USCIS is taking steps to implement the International Entrepreneur Rule (IER) in accordance with a recent court decision. USCIS noted that while the agency implements the IER, DHS will also “proceed with issuing a notice of proposed […]
December 2017 Immigration Update
Headlines: Federal Court Vacates Delay of International Entrepreneur Rule – On December 1, 2017, a federal court vacated the Trump administration’s delay of an Obama-era rule that would have allowed certain foreign entrepreneurs to obtain immigration parole. USCIS Designates Adopted Decisions Defining Affected Parties, Function Managers –USCIS has designated two Administrative Appeals Office decisions as […]
Mid-November 2017 Immigration Update
Headlines: DHS Announces Delayed Termination of TPS for Nicaragua, Six-Month Extension for Honduras – Acting Secretary of Homeland Security Elaine Duke is terminating TPS for Nicaragua with a delayed effective date of 12 months, to January 5, 2019. She also determined that additional information is necessary regarding the TPS designation for Honduras before a determination […]
November 2017 Immigration Update
Headlines: Ban on Refugees Expires; Trump Administration Calls for Additional Vetting for 11 Nationalities During 90-Day Review Period – The Trump administration’s 120-day ban on refugee admissions expired on October 24, 2017. On the same day, the Department of State announced that additional in-depth review is needed for refugees of 11 nationalities identified as potentially […]
October 2017 Global Immigration Update
Feature Article VISA OPTIONS FOR INVESTORS: AN OVERVIEW – This article provides an overview of recent developments in several countries with respect to visa options for investors. Country Updates BELGIUM – A new Act implements a European Union directive regarding new rules on assignment. CANADA – The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) […]