News from the Alliance of Business Immigration Lawyers Vol.13, No 1B • January 15, 2017

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Headlines:

1. Reading the Tea Leaves: Requests From DHS Office By Trump Transition Team, Policy Statement, Cabinet Nominees Offer Hints -President-elect Donald Trump’s transition team has requested various documents and information from the Department of Homeland Security (DHS) that, along with a statement of policies on his website, may provide hints of what Mr. Trump might prioritize once he becomes President.

2. USCIS Releases New Policy Guidance on Physicians of National or International Renown -USCIS released a new policy memorandum that designates as precedent Matter of T-O-S-U-, a 2015 decision of the Administrative Appeals Office (AAO). The decision explains that physicians of national or international renown who are graduates of medical schools in foreign states are exempt from the USMLE requirement in the H-1B context.

3. DHS Proposes Changes to EB-5 Program, Regional Center Program -DHS Proposes Changes to EB-5 Program, Regional Center Program

4. Georgia Board of Regents Appeals Decision Allowing In-State Tuition for DACA Recipients -The Board of Regents for Georgia’s state colleges and universities has filed an appeal of a Fulton County superior court judge’s decision allowing DACA recipients to pay in-state tuition.

5. USCIS Extends, Redesignates TPS for Yemen -USCIS has extended the designation of the Republic of Yemen for TPS for 18 months, through September 3, 2018, and has redesignated Yemen for TPS for 18 months, through the same date. The initial registration period for new applicants under the redesignation runs through July 3, 2017. For individuals who have already been granted TPS under Yemen’s designation, the 60-day re-registration period runs through March 6, 2017.

6. New Publications and Items of Interest -New Publications and Items of Interest

7. ABIL Member/Firm News -ABIL Member/Firm News

8. Government Agency Links -Government Agency Links

Details:

1. Reading the Tea Leaves: Requests From DHS Office By Trump Transition Team, Policy Statement, Cabinet Nominees Offer Hints

President-elect Donald Trump’s transition team has requested various documents and information from the Department of Homeland Security (DHS) that, along with a statement of policies on his website and statements made by his Cabinet nominees, may provide hints of which immigration issues Mr. Trump may prioritize once he becomes President.

Document requests by transition team. The Trump team met with DHS officials on December 5, 2016, and requested agency records on border barriers, assets available for border wall and barrier construction, and the agency’s capabilities to expand detention. The Trump team also asked for information on an aerial surveillance program President Obama downsized that authorizes the Army National Guard to monitor the southern border. The team also reportedly asked whether biographical information on immigrants has been altered out of concern for civil liberties, and asked for copies of all executive orders and directives sent to immigration agents since Obama became president in 2009.

In response to the Trump team’s queries about building a border wall, DHS estimated that a northern border fence would cost $3.3 billion to cover 452 miles, and a southern border fence would cost $11.37 billion to add 413 miles of fencing.

Policy statements. Mr. Trump’s statement of policies related to immigration as published on his website includes building “an impenetrable physical wall on the southern border” beginning on “day one,” which he said repeatedly during his presidential campaign that “Mexico will pay for.” More recently, the transition team reportedly told Congressional Republicans that he’d prefer to pay for the wall via appropriations of U.S. taxpayer dollars and asserted that Mexico would reimburse the United States later. Mexican President Enrique Peña Nieto had said that during his meeting with Mr. Trump in August 2016, he “made it clear that Mexico will not pay for the wall.”

Among other things, the Trump statement also includes prioritizing jobs, wages, and security of Americans; establishing “new immigration controls to boost wages and to ensure that open jobs are offered to American workers first”; selecting immigrants based on “their likelihood of success in the U.S. and their ability to be financially self-sufficient”; vetting applicants to ensure that they support “America’s values, institutions and people,” and temporarily suspending immigration from “regions that export terrorism and where safe vetting cannot presently be ensured”; detaining anyone who crosses the border without authorization until they are removed; ending sanctuary cities; immediately terminating “President Obama’s two illegal executive amnesties”; tripling the number of U.S. Immigration and Customs Enforcement agents; fully implementing a biometric entry-exit visa tracking system at all land, air, and sea ports; “[turning] off the jobs and benefits magnet; and reforming legal immigration.

Cabinet nominee statements. Mr. Trump’s Cabinet nominees’ statements and actions have sometimes but not always matched immigration-related statements Mr. Trump has made. John Kelly, a retired Marine Corps general and Mr. Trump’s nominee to head the Department of Homeland Security, said that securing the U.S. border with Mexico would be his top priority but that building a wall would not be enough. “A physical barrier in and of itself will not do the job. It has to be really a layered defense.” He suggested measures such as increased patrols and surveillance along the border, drones, improving alerts of DHS officials when visas expire, and partnerships with other countries to prevent drug trafficking and unauthorized travel to the United States. Gen. Kelly said that deporting Deferred Action for Childhood Arrivals (DACA) recipients would “probably not be at the top of the list” of his priorities. Regarding Mr. Trump’s proposal to register Muslims, he said, “I don’t agree with registering people based on ethnic[ity] or religion or anything like that.”

Like Mr. Trump, Sen. Jeff Sessions (R-Ala.), tapped to serve as Attorney General, has been a proponent of border security measures including physical barriers like fences. At the Republican National Convention, Sen. Sessions said, “Donald Trump will build the wall.” On the other hand, Sen. Sessions testified in his confirmation hearing that he did not support Mr. Trump’s proposed Muslim immigration ban: “I do not support the idea that Muslims as a religious group should be denied entry to the United States.” However, he seemed to allow some wiggle room in specific situations: “Many people do have religious views that are inimical to the public safety of the United States.” He also said, however, that he would not favor a registry of Muslims in the United States.

MR. TRUMP’S STATEMENT OF POLICIES RELATED TO IMMIGRATION

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2. USCIS Releases New Policy Guidance on Physicians of National or International Renown

U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum on January 4, 2017, that designates as precedent Matter of T-O-S-U-, a 2015 decision of the Administrative Appeals Office (AAO). The decision explains that physicians of national or international renown who are graduates of medical schools in foreign states are exempt from the U.S. Medical Licensing Examination (USMLE) requirement in the H-1B context.

In the new policy memo, USCIS noted that Matter of T-O-S-U- clarifies that a “physician of national or international renown” is a doctor of medicine or osteopathy “who is widely acclaimed and highly honored in the field of medicine within one or more countries, so long as the achievements leading to national renown are comparable to that which would result in national renown in the United States.” USCIS noted that the decision also suggests, but does not mandate, what types of evidence may be persuasive in establishing eligibility for this exemption.

The AAO originally decided Matter of T-O-S-U- on February 20, 2015, as a nonprecedent case. The petitioner had filed a petition to classify the beneficiary, an “Assistant Professor—Clinical Physician,” as an H-1B temporary nonimmigrant worker. The California Service Center (CSC) denied the petition, concluding that the evidence did not demonstrate that the beneficiary was exempt from the USMLE requirement as a “physician of national or international renown in the field of medicine.” The AAO withdrew the CSC’s decision and approved the petition, noting that regulations specifically provide a licensing examination exception for physicians of national or international renown in the field of medicine.

The AAO said that to satisfy this exemption, the petitioner must demonstrate that the beneficiary: (1) is a physician; (2) is a graduate of a medical school in a foreign country; and (3) is of national or international renown in the field of medicine.

To establish “renown” for purposes of adjudicating exemption claims, the AAO said that “national or international renown” could be restated as “widely acclaimed and highly honored within one or more countries.” But the AAO noted that this cannot be interpreted to permit standards that may allow physicians from certain countries where renown in the field of medicine is more readily achieved—considering factors such as population size and available medical resources—to more easily qualify than those from countries where renown in the field of medicine is more difficult to achieve. Considering that physicians meeting the requirements for this exemption can provide patient care in the United States without passing the USMLE or establishing competency in English, the AAO said the standard for national renown “should be set at a level that requires achievements necessary to garner national renown in the United States and thus, applied consistently, would obviate potentially adverse effects on U.S. patients.” The AAO said it “reserve[d] without answering the question of whether international renown must also be at a level comparable to that which would result in national renown in the United States.”

The AAO provided the following “non-exhaustive list” of evidence that, depending on the qualitative nature of the evidence, may establish eligibility for the exemption:

  • Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards in the field of medicine;
  • Evidence of the beneficiary’s authorship of scientific or scholarly articles in the field of medicine published in professional journals, major trade publications, or other major media;
  • Published material about the beneficiary’s work in the medical field that appears in professional journals, major trade publications, or other major media (which includes the title, date, and author of such material);
  • Evidence that the beneficiary has been employed in a critical, leading, or essential capacity for organizations or establishments that have distinguished reputations in the field of medicine;
  • Evidence of the beneficiary serving as a speaker or panelist at medical conferences;
  • Evidence of the beneficiary’s participation as a judge of the work of others in the medical field;
  • Documentation of the beneficiary’s membership in medical associations, which require significant achievements of their members, as judged by recognized experts in the field of medicine;
  • Evidence that the beneficiary has received recognition for his/her achievements or contributions from recognized authorities in the field of medicine; and
  • Any other evidence demonstrating the beneficiary’s achievements, contributions, and/or acclaim in the medical field.

USCIS POLICY MEMO, which includes the original decision in Matter of T-O-S-U. The USCIS made the decision a precedent on January 4, 2017.

 

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3. DHS Proposes Changes to EB-5 Program, Regional Center Program

The Department of Homeland Security (DHS) has published a notice of proposed rulemaking on the EB-5 program in the Federal Register on January 13, 2017, and an advance notice of proposed rulemaking on the regional center program on January 11, 2017. Following are highlights of the notices:

Proposed Rule on EB-5 Program

Priority date retention. DHS proposes to authorize certain EB-5 petitioners to retain the priority date of an approved EB-5 immigrant petition for use in connection with any subsequent EB-5 immigrant petition. Petitioners with approved immigrant petitions might need to file new petitions due to circumstances beyond their control (for example, DHS might have terminated a regional center associated with the original petition) or might choose to do so for other reasons (for example, a petitioner may seek to materially change aspects of his or her qualifying investment). DHS proposes to generally allow EB-5 petitioners to retain the priority dates of previously approved petitions to avoid further delays on immigrant visa processing associated with the loss of priority dates. DHS said it believes that priority date retention “may become increasingly important due to the strong possibility that the EB-5 visa category will remain oversubscribed for the foreseeable future.”

Increases in the investment amounts. DHS is proposing to increase the minimum investment amounts for all new EB-5 petitioners. DHS said the increase “would ensure that program requirements reflect the present-day dollar value of the investment amounts established by Congress in 1990.” Specifically, DHS proposes initially to increase the standard minimum investment amount, which also applies to high employment areas, from $1 million to $1.8 million to adjust for inflation. For those investors seeking to invest in a new commercial enterprise that principally will be doing business in a targeted employment area (TEA), DHS proposes to increase the minimum investment amount from $500,000 to $1.35 million. In addition, DHS proposes to make regular adjustments based on the Consumer Price Index for urban consumers (CPI-U) in the standard minimum investment amount, and conform adjustments to the TEA minimum investment amount, every 5 years, beginning 5 years from the effective date of the rule.

TEA designations. DHS proposes to “reform the TEA designation process to ensure consistency in TEA adjudications and ensure that designations more closely adhere to Congressional intent.” First, DHS proposes to allow any city or town with high unemployment  and a population of 20,000 or more to qualify as a TEA. Currently, TEA designations are not available at the city or town level, unless a state designates the city or town as a TEA and provides evidence of such designation to a prospective EB-5 investor for submission with the Form I-526, Immigrant Petition by Alien Entrepreneur. Second, DHS proposes to eliminate the ability of a state to designate certain geographic and political subdivisions as high-unemployment areas. Instead, DHS would make such designations directly, using standards described in the proposed rule. DHS said it believes these changes would “help address inconsistencies between and within states in designating high unemployment areas, and better ensure that the reduced investment threshold is reserved for areas experiencing significantly high levels of unemployment.”

Removal of conditions. DHS proposes to clarify that derivative family members must file their own petitions to remove conditions on their permanent residence when they are not included in a petition to remove conditions filed by the principal investor. In addition, DHS proposes “to improve the adjudication process for removing conditions by providing flexibility in interview locations and to update the regulation to conform to the current process for issuing permanent resident cards.”

Written comments should be submitted by April 11, 2017. PROPOSED RULE

Advance Notice of Proposed Rule on EB-5 Regional Center Program

DHS said it is considering regulatory changes to the EB-5 immigrant investor regional center program and invites comments, data, and information. DHS seeks comments on: (1) the process for initially designating entities as regional centers; (2) a potential requirement for regional centers to use an “exemplar” filing process, explained in detail in the advance notice; (3) “continued participation” requirements for maintaining regional center designation; and (4) the process for terminating regional center designation.

DHS said that it has some information on these topics but seeks additional information that can help the agency “make operational and security updates to the Regional Center Program while minimizing the impact of such changes on regional center operations and EB-5 investors.” DHS said it is particularly interested in data that would inform a quantitative and qualitative assessment of the costs and benefits of the potential changes described in the advance notice. DHS is also interested in receiving more information on how to identify the small entity status of EB-5 stakeholder entities, such as regional centers and new commercial enterprises. DHS specifically requests information on revenue or employment data sources on regional centers and new commercial enterprises.

Written comments should be submitted by April 11, 2017. NOTICE

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4. Georgia Board of Regents Appeals Decision Allowing In-State Tuition for DACA Recipients

The Board of Regents for Georgia’s state colleges and universities has filed an appeal of a December 30, 2016, Fulton County superior court judge’s decision allowing Deferred Action for Childhood Arrivals (DACA) recipients to pay in-state tuition. The Board of Regents had required DACA recipients to pay out-of-state tuition, which is higher, because they didn’t meet a requirement of “lawful presence” for in-state tuition. The judge found, however, that their lawful presence was “federally established.”

It is unclear what will happen to DACA after the change in administration. Meanwhile, State Sen. Josh McKoon (R-Columbus) reportedly plans to introduce legislation shortly to limit in-state tuition to those with legal status in the United States, not just lawful presence. And DACA students are already banned under “Policy 4.1.6” from admission at the University of Georgia, Georgia Institute of Technology, and Georgia College & State University.

Charles H. Kuck represented the 10 DACA plaintiffs. For more on this case, including links to related articles, see ABIL Member/Firm News, below.

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5. USCIS Extends, Redesignates TPS for Yemen

U.S. Citizenship and Immigration Services (USCIS) has extended the designation of the Republic of Yemen for temporary protected status (TPS) for 18 months, through September 3, 2018, and has redesignated Yemen for TPS for 18 months, through the same date. The 180-day initial registration period for new applicants under the Yemen TPS redesignation began on January 4, 2017, and runs through July 3, 2017. For individuals who have already been granted TPS under Yemen’s designation, the 60-day re-registration period began on January 4, 2017, and runs through March 6, 2017.

The extension allows TPS beneficiaries to retain TPS through September 3, 2018, so long as they continue to meet the eligibility requirements for TPS. The redesignation of Yemen expands eligibility for TPS to include individuals who have been continuously residing in the United States since January 4, 2017. Previously, only individuals who had been continuously residing in the United States since September 3, 2015, were eligible for TPS under Yemen’s designation. The redesignation will extend TPS protection to eligible individuals who have arrived in the United States after the eligibility cutoff dates established by Yemen’s previous designation for TPS in September 2015.

The redesignation is based on determinations that (1) there continues to be an ongoing armed conflict in Yemen and, due to such conflict, requiring the return of Yemeni nationals to Yemen would pose a serious threat to their personal safety, and (2) there are extraordinary and temporary conditions in Yemen that prevent Yemeni nationals from returning to Yemen in safety, and it is not contrary to the national interest of the United States to permit Yemeni nationals to remain temporarily in the United States.

USCIS published a notice on January 4, 2017, announcing the extension and redesignation and detailing procedures for those applying for renewal of TPS or for initial registration. NOTICE

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6. New Publications and Items of Interest

The Alliance of Business Immigration Lawyers (ABIL) has issued a press release on U.S. Citizenship and Immigration Services’ precedent decision, Matter of Dhanasar. Among other things, the press release says ABIL is “delighted” by the decision and believes the new framework for national interest waiver cases spelled out by the Administrative Appeals Office “opens the door to permanent residence for an expanded range of foreign nationals, including junior scientists, postdoctoral scholars, and biomedical researchers; entrepreneurs involved in job creation; academic physicians; certain advanced-level graduate students, particularly those engaged in the STEM disciplines; certain artists operating at a national level; and a wide range of other professionals who contribute (or even prospectively contribute) to the national welfare.”

The Department of Commerce’s Economics and Statistics Administration (ESA) has published an economic impact report on the EB-5 program entitled Estimating the Investment and Job Creation Impact of the EB-5 Program. The ESA examined individual projects that were active during fiscal years 2012 and 2013, and compiled a new dataset that includes the number of EB-5 projects, the number of investors, the amount of EB-5 and non-EB-5 related investment spending, and the resulting expected job creation. By using EB-5 investment and job creation estimates over the two-year period, ESA tabulated that there were 10,644 investors, a total dollar value of investment of $16.4 billion, and 169,759 expected jobs from 134 projects in EB-5 regional centers. ESA also tabulated 428 stand-alone investor projects during those two years that were expected to create or save 4,820 jobs. Active EB-5 projects, both those associated with regional centers and stand-alone projects, resulted in an estimated 174,039 expected jobs—nearly 16 jobs per immigrant investor.

The latest E-Verify webinar schedule from USCIS is available HERE.

The latest edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in 30 immigration hotspots around the world.

The latest edition adds chapters on Malta and Romania. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Ghana, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Peru, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is for:

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7. ABIL Member/Firm News

Klasko Immigration Law Partners, LLP, has published a new client update on the USCIS precedent decision, Matter of Dhanasar. “The New National Interest Waiver: A More Flexible Test for Highly Skilled Immigrants”

Charles Kuck was quoted in “DACA Immigrants Can Pay Ga. In-State Tuition, Judge Says,” published by Law360 on January 5, 2017. Mr. Kuck represented plaintiffs in the case before the Fulton County, Georgia, Superior Court. The issue was previously litigated in another, unsuccessful suit, Kuck said. He filed the precursor in 2013 but said it was struck down when the Georgia state constitution was reinterpreted, rendering his suit as moot. He launched this second action in early 2016, this time seeking mandamus relief. Georgia’s Board of Regents has filed an appeal. Mr. Kuck was also quoted in an article about the appeal. INFORMATION ABOUT THE CASE.

Mr. Kuck was quoted in “Immigrant Investor Proposal Could Ease Congressional Tensions,” published in Bloomberg Law’s Daily Labor Report on January 12, 2017. The article discusses proposed Department of Homeland Security (DHS) EB-5 program regulations that define a targeted employment area (TEA) as the census tract where a commercial enterprise principally does business and all adjacent census tracts, as long as the weighted average unemployment rate for the entire area is at least 150% above the national average. Mr. Kuck said the new TEA definition “is not necessarily a bad thing.” Allowing cities and towns to be considered TEAs is a “terrific change” because it allows those local communities to attract investors rather than leaving it up to the states, he said. However, he said he wasn’t so sure about shifting TEA designations to the DHS.

Cora-Ann Pestaina, of Cyrus D. Mehta & Partners PLLC, has published a new blog entry. “Matter of Dhanasar: The New National Interest Waiver Standard”

Angelo Paparelli, Greg Siskind of Siskind Susser, PC, and Stephen Yale-Loehr were recently quoted in two articles published by Bloomberg BNA’s Daily Labor Report. Among other things, Mr. Paparelli suggested that President-elect Donald Trump’s promise to reduce regulations could mean a return to “ambiguous USCIS policy memoranda leading to “an accentuated repeat of what we’ve had over the past few years.” He noted that “the magnitude is probably far more daunting than what it has been.” He added that Mr. Trump’s pick of Sen. Jeff Sessions (R-Ala.) for attorney general is concerning because Sen. Sessions “has been the most vehement, adamant foe of legal immigration, not just illegal immigration, in the Congress.” Mr. Yale-Loehr noted that even after employers are cleared for visas, their foreign employees will likely face additional screening. Mr. Siskind noted concern about a recently finalized regulation on high-skilled immigration that is intended to make it easier for businesses to hire immigrant workers. Mr. Siskind said that rule has made the “hit list” of groups that advocate for lower immigration levels. BNA’s LABOR AND EMPLOYMENT OUTLOOK

Christian Triantaphyllis, a Foster LLP attorney, moderated a panel, “Regional Center/Issuer Obstacles: What Lies Ahead in 2017,” at the 2017 Las Vegas EB-5 & Investment Immigration Convention, sponsored by eb-5 investors, held January 13-14, 2017. MORE INFORMATION ABOUT THE CONFERENCE

Bernard Wolfsdorf and Charles C. Foster, Foster LLP founder, spoke on the advanced panel, “China Issues: Navigating the Evolving Chinese Landscape,” at the 2017 Las Vegas EB-5 & Investment Immigration Convention, sponsored by eb-5 investors, held January 13-14, 2017. MORE INFORMATION ABOUT THE CONFERENCE

Mr. Yale-Loehr was quoted by various news outlets in “Trump Says Mexico Should Reimburse U.S. for Border Wall,” published in Yahoo News on January 7, 2017. Mr. Yale-Loehr said that to obtain money for building the wall once Donald Trump becomes President, he could reallocate current fiscal year funding at the Department of Homeland Security. If he wanted to raise visa and border crossing costs, Mr. Yale-Loehr said, the relevant U.S. agencies would need to publish regulations to this effect. Also, “he would need Congress to pass a funding bill to pay for the wall,” Mr. Yale-Loehr noted.

Mr. Yale-Loehr was quoted in “Trump Faces Hurdles Turning Immigration Pledges Into Reality,” published by CNN.com on January 4, 2017. He agreed that Trump would be able to have meaningful impact during the first year of his presidency, but not to the extent suggested during the campaign. “On the campaign trail things are not nuanced. They’re black and white. It takes a while to turn the battleship of bureaucracy around.”

Mr. Yale-Loehr was quoted in “Senators Reintroduce Legislation to Save ‘Dreamers,'” published by Bloomberg BNA on January 13, 2017. Commenting on companion legislation in the House of Representative to the Senate bill introduced in December, the “Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act,” Mr. Yale-Loehr said the bills would provide a legislative basis to give the Deferred Action for Childhood Arrivals (DACA) program permanent footing. He noted that there is growing activity by DACA recipients but that the BRIDGE Act’s prospects seem “dim given the Republican-controlled Congress.” DACA, which was established by executive order, covers more than 750,000 individuals.

Mr. Yale-Loehr was quoted in “Trump, Tech Tycoons Talk Overhaul of H-1B Visas,” published by Reuters on January 12, 2017. He noted that although President-elect Donald Trump could initiate some changes to the visa program with executive actions once he becomes President, any significant shifts would likely need to go through a lengthy formal rulemaking process, and major changes could be subject to court challenges. Other reforms, like changing the H-1B visa cap or offering more green cards to high-tech workers, could require Congressional action, he noted.

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8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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ABIL Welcomes New Immigration Decision for National Interest Waiver Green Card Applicants

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One way to obtain a green card is to file a national interest waiver (NIW) application. Foreign nationals can qualify if they can show their work is in the national interest. There are two significant advantages to this immigration strategy: 1) a foreign national can self-petition rather than having to be sponsored by an employer; and 2) the submission is made directly to the U.S. Citizenship and Immigration Services (USCIS), thereby avoiding the normal recruitment and advertising requirements of the labor certification application process through the Department of Labor. Despite its advantages, however, immigration examiners have operated under vague guidance on NIW adjudication standards.

The Administrative Appeals Office of USCIS (AAO) recently issued a precedent decision called Matter of Dhanasar that revises and expands the grounds for pursuing an NIW-based green card. This decision supersedes a previous 1998 decision called Matter of New York State Department of Transportation (NYSDOT).

Under the NYSDOT framework, a NIW case required fulfillment of 3 prongs: 1) the foreign national’s endeavor is national in scope; 2) the foreign national’s work is “intrinsically meritorious;” and 3) factors in the case outweigh the need to test the U.S. labor market through the labor certification application process. While prongs 1-2 were relatively straightforward, prong 3 led to uneven and at times contradictory NIW adjudications.

The improved analytical framework spelled out by the AAO in Matter of Dhanasar states: 1) the foreign national’s proposed endeavor has both substantial merit and national importance; 2) the foreign national is well-positioned to advance the proposed endeavor; and 3) on balance, it would be beneficial to the United States to waive the job offer and the labor certification application requirement.

This new analytical approach creates a clearer framework for adjudicating NIW cases. This decision implicitly recognizes that a broader range of endeavors by foreign nationals can contribute to the national welfare, which creates greater latitude for examiners to approve NIW cases that can establish “potential prospective impact” rather than concrete, existing results.

The Alliance of Business Immigration Lawyers believes this new framework for NIW cases opens the door to permanent residence for an expanded range of foreign nationals, including junior scientists, postdoctoral scholars, and biomedical researchers; entrepreneurs involved in job creation; academic physicians; certain advanced-level graduate students, particularly those engaged in the STEM disciplines; certain artists operating at a national level; and a wide range of other professionals who contribute (or even prospectively contribute) to the national welfare.

PRESS RELEASE

News from the Alliance of Business Immigration Lawyers Vol.13, No 1A • January 01, 2017

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Headlines:

1. Most Previous Forms Accepted Until February 21, But Must Include New Fees -USCIS said it will accept most prior versions of forms until February 21, 2017, but all filings postmarked December 23 or later must include the new fees or they will be rejected.

2. USCIS Urges H-2B Employers To Stop Identifying Returning Workers in Petitions for FY 2017 -Because Congress has not reauthorized the H-2B returning worker program, USCIS now urges employers to stop identifying returning workers in petitions for FY 2017.

3. DHS Designates AAO Precedent Decision on National Interest Waivers –Matter of Dhanasar vacates Matter of New York State Department of Transportation.

4. USCIS Issues Policy Guidance on Registration of Lawful Permanent Resident Status -The updated policy: (1) provides guidance on eligibility and evidentiary requirements for presumption of lawful admission and creation of record, registration by children born in the United States to accredited foreign diplomats, and the registry program; (2) provides guidance on presumption of lawful admission following certain errors that occurred at the time of admission; and (3) explains relevant codes of admission and effective dates of LPR status for approved applications for registration.

5. United States, Honduras Sign MOU To Protect Workers From Discrimination -The U.S. Department of Justice and Honduras announced a formal partnership to protect workers from discrimination based on citizenship, immigration status, and national origin.

6. USCIS Announces Extension of Parole for Immediate Relatives of U.S. Citizens in CNMI -To allow immediate relatives of U.S. citizens and certain stateless individuals to maintain legal status in the Commonwealth of the Northern Mariana Islands, USCIS has extended the parole program for these relatives until December 31, 2018.

7. ABIL Global: Non-Lucrative Residence Visa and Permit in Spain -The Spanish immigration legal framework regulates the non-lucrative residence permit allowing third-country nationals (foreign nationals not covered by the European Union legal framework) to live in Spain without performing labor activities.

8. ABIL Global: A Memo to Santa -Nicolas Rollason of Kingsley Napley LLP responds to a query from Santa noting that the United Kingdom (UK) is one of his largest markets and that he has a number of concerns about current political developments there.

9. New Publications and Items of Interest -New Publications and Items of Interest

10. ABIL Member/Firm News -ABIL Member/Firm News

11. Government Agency Links -Government Agency Links

Details:

1. Most Previous Forms Accepted Until February 21, But Must Include New Fees

When new fees for most U.S. Citizenship and Immigration Services (USCIS) forms went into effect on December 23, 2016, the agency published updated versions of the forms. USCIS strongly encourages applicants to submit the new versions, which have an edition date of 12/23/16. However, USCIS said it will accept most prior versions of forms until February 21, 2017, but all filings postmarked December 23 or later must include the new fees or they will be rejected. USCIS said it will accept only the new 12/23/16 edition of Form N-400, Application for Naturalization.

UPDATED FORMS

ANNOUNCEMENT

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2. USCIS Urges H-2B Employers To Stop Identifying Returning Workers in Petitions for FY 2017

The H-2B returning worker provisions of the Consolidated Appropriations Act of 2016 expired on September 30, 2016. In anticipation that Congress could reauthorize this exemption from the H-2B cap, U.S. Citizenship and Immigration Services (USCIS) had previously advised H-2B employers to continue identifying potential returning workers with employment start dates in fiscal year (FY) 2017. However, because Congress has not reauthorized the H-2B returning worker program, USCIS now urges employers to stop identifying returning workers in petitions for FY 2017.

Because the returning worker program has expired, petitions requesting H-2B workers for new employment with an employment start date on or after October 1, 2016, will generally be counted toward the annual H-2B cap of 66,000 for FY 2017, USCIS said.

Petitions for the following types of workers are still exempt from the H-2B cap:

  • Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians, or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of the Northern Mariana Islands or Guam from November 28, 2009, until December 31, 2019.

For FY 2017, USCIS will consider those identified by employers as potential returning workers as subject to the cap. Once the H-2B cap is reached, USCIS may accept petitions only for H-2B workers who are exempt from or not subject to the H-2B cap. The spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap, USCIS noted.

INFORMATION ABOUT THE H-2B PROGRAM

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3. DHS Designates AAO Precedent Decision on National Interest Waivers

Jeh Johnson, Secretary of the Department of Homeland Security (DHS), recently designated as precedential a U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) decision, Matter of Dhanasar. The decision vacates Matter of New York State Dep’t of Transp. [NYSDOT], 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998).

The AAO said that, based on the agency’s experience with NYSDOT, “we believe it is now time for a reassessment.” This precedent decision in Dhanasarmeans USCIS may grant a national interest waiver if the petitioner demonstrates that: (1) the foreign national’s proposed endeavor has both substantial merit and national importance; (2) he or she is well positioned to advance the proposed endeavor; and (3) on balance, it would be beneficial to the United States to waive the requirement of a job offer and thus of a labor certification.

Among other things, the AAO decision noted that the first Dhanasar prong of the three listed above—substantial merit and national importance—focuses on the specific endeavor that the foreign national proposes to undertake. The endeavor’s merit may be demonstrated in a range of areas, such as business, entrepreneurialism, science, technology, culture, health, or education. The AAO explained that evidence that the endeavor has the potential to create a significant economic impact may be favorable but is not required because an endeavor’s merit may be established without immediate or quantifiable economic impact. For example, endeavors related to research, pure science, and the furtherance of human knowledge may qualify, whether or not the potential accomplishments in those fields are likely to translate into economic benefits for the United States. In determining whether the proposed endeavor has national importance, the AAO said it considers its potential prospective impact. An undertaking may have national importance, for example, because it has national or even global implications within a particular field, such as those resulting from certain improved manufacturing processes or medical advances. “But we do not evaluate prospective impact solely in geographic terms. Instead, we look for broader implications. Even ventures and undertakings that have as their focus one geographic area of the United States may properly be considered to have national importance,” the AAO noted. “In modifying this prong to assess ‘national importance’ rather than ‘national in scope,’ as used in NYSDOT, we seek to avoid overemphasis on the geographic breadth of the endeavor. An endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area, for instance, may well be understood to have national importance.”

The second prong, the AAO said, shifts the focus from the proposed endeavor to the foreign national. To determine whether he or she is well positioned to advance the proposed endeavor, the AAO said it considers factors including, but not limited to, “the individual’s education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals.”

The AAO said it recognizes that forecasting feasibility or future success may present challenges to petitioners and USCIS officers, and that many innovations and entrepreneurial endeavors may ultimately fail, in whole or in part, despite an intelligent plan and competent execution. “We do not, therefore, require petitioners to demonstrate that their endeavors are more likely than not to ultimately succeed. But notwithstanding this inherent uncertainty, in order to merit a national interest waiver, petitioners must establish, by a preponderance of the evidence, that they are well positioned to advance the proposed endeavor.”

The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification, the AAO said. “On the one hand, Congress clearly sought to further the national interest by requiring job offers and labor certifications to protect the domestic labor supply. On the other hand, by creating the national interest waiver, Congress recognized that in certain cases the benefits inherent in the labor certification process can be outweighed by other factors that are also deemed to be in the national interest. Congress entrusted the Secretary to balance these interests within the context of individual national interest waiver adjudications,” the AAO noted.

In performing this analysis, the AAO said that USCIS may evaluate factors such as “whether, in light of the nature of the foreign national’s qualifications or proposed endeavor, it would be impractical either for the foreign national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from the foreign national’s contributions; and whether the national interest in the foreign national’s contributions is sufficiently urgent to warrant forgoing the labor certification process.” The AAO emphasized that, in each case, the factors considered “must, taken together, indicate that on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.” The AAO noted that this new prong in Dhanasar, unlike the third prong in NYSDOT, “does not require a showing of harm to the national interest or a comparison against U.S. workers in the petitioner’s field. … NYSDOT‘s third prong was especially problematic for certain petitioners, such as entrepreneurs and self-employed individuals. This more flexible test, which can be met in a range of ways …, is meant to apply to a greater variety of individuals.”

USCIS noted that the Secretary of DHS may, with the Attorney General’s approval, designate AAO or other DHS decisions to serve as precedents in all future proceedings involving the same issue or issues. Precedent decisions are binding on DHS employees except as modified or overruled by later precedent decisions, statutory changes, or regulatory changes.

The decision is in the Virtual Law Library of the Department of Justice’s Executive Office for Immigration Review.

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4. USCIS Issues Policy Guidance on Registration of Lawful Permanent Resident Status

U.S. Citizenship and Immigration Services (USCIS) issued policy guidance on December 21, 2016, addressing registration of lawful permanent resident (LPR) status.

USCIS said the updated policy: (1) provides guidance on eligibility and evidentiary requirements for presumption of lawful admission and creation of record, registration by children born in the United States to accredited foreign diplomats, and the registry program; (2) provides guidance on presumption of lawful admission following certain errors that occurred at the time of admission; and (3) explains relevant codes of admission and effective dates of LPR status for approved applications for registration.

POLICY ALERT (PA-2016-10)

The updated guidance is included in the USCIS Policy Manual.

SUMMARY OF NEW OR UPDATED POLICIES FOR COMMENT

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5. United States, Honduras Sign MOU To Protect Workers From Discrimination

The U.S. Department of Justice (DOJ) and the government of Honduras announced a formal partnership to protect workers from discrimination based on citizenship, immigration status, and national origin.

On December 7, 2016, Principal Deputy Assistant Attorney General Vanita Gupta, head of the DOJ’s Civil Rights Division, and Honduran Charge D’Affaires Luís F. Cordero, signed a memorandum of understanding (MOU) between the embassy and its consulates and the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

Among other things, OSC pledged to conduct training of consular staff identified by each Honduran consulate; attend and participate in forums organized by the Honduran consulates for Honduran nationals and employers involving topics under OSC’s jurisdiction; disseminate compliance and educational materials through the U.S. embassy to Honduran consulates and stakeholders in other locations; and publicizing the MOU. The Honduran government pledged to establish a system, through its Secretariat at the Honduran embassy in Washington, DC, for referring discrimination, unfair documentary practices, and retaliation allegations to OSC, and consult periodically with OSC to ensure that Honduran consulates are referring such allegations.

MOU IN ENGLISH

MOU IN SPANISH

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6. USCIS Announces Extension of Parole for Immediate Relatives of U.S. Citizens in CNMI

To allow immediate relatives of U.S. citizens and certain stateless individuals to maintain legal status in the Commonwealth of the Northern Mariana Islands (CNMI), U.S. Citizenship and Immigration Services (USCIS) has extended the parole program for these relatives until December 31, 2018.

USCIS said this parole extension will allow an immediate relative to lawfully remain with a U.S. citizen in the CNMI, but parole does not authorize employment. Immediate relatives must, as before, obtain an employment authorization document (EAD_ by submitting Form I-765, Application for Employment Authorization, or obtain work authorization as a CW-1 CNMI-Only Transitional Worker or in another employment-based nonimmigrant status.

The announcement does not extend to anyone other than the immediate relatives of U.S. citizens and certain stateless individuals. USCIS noted that it may grant parole on a case-by-case basis based on individual circumstances and has exercised parole authority on a case-by-case basis in the CNMI since 2009 for special situations.

To apply for extension of parole, individuals must: (1) reside in the CNMI; (2) be an immediate relative; and (3) have been granted parole previously. There is no fee.

ANNOUNCEMENT, with application details.

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7. ABIL Global: Non-Lucrative Residence Visa and Permit in Spain

The Spanish immigration legal framework regulates the non-lucrative residence permit allowing third-country nationals (foreign nationals not covered by the European Union legal framework) to live in Spain without performing labor activities.

Foreign nationals wishing to obtain this type of permit must meet four main requirements:

  • To be financially reliable, evidencing a regular monthly income of at least 2,130 euros for the principal and 532.51 euros for each dependent, if applicable.
  • Not to have a criminal background in the country/countries of residence during the last 5 years.
  • To hold private or public medical insurance coverage for Spain (including for hypothetical repatriation).
  • Not to have any of the illnesses/diseases listed in the international Sanitary Regulation of 2005 as serious conditions for public health.

In addition to these requirements, the applicant should not be in unlawful status in Spanish territory during the process and should not have signed a non-return agreement to Spain.

If the foreign national has fulfilled the above conditions, he or she may apply for the non-lucrative visa and residence permit at the Spanish consulate having jurisdiction over the applicant’s place of legal residence. The applications are currently being resolved in approximately 15 days (the statutory processing time is 3 months) and the applicant has one month to collect the visa from the notification of approval.

Once the foreign national is in Spain with a valid visa, he or she must apply for and collect a residence card, initially valid for one year. This type of permit can be extended for two consecutive periods of two years each provided the conditions that led to the initial approval are maintained. After five years of legal residence, the non-lucrative residence permit holder may apply for a long-term residence permit, provided the legal requirements are fulfilled.

Also, after one year of living in Spain with a non-lucrative permit, the visa-holder can apply for a residence permit allowing work, and the Labor Market Test will not be applicable.

Stays outside of Spain for more than 180 days in a year, either continuous or discontinuous, are grounds of cancellation of this permit.

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8. ABIL Global: A Memo to Santa

To: sclaus@laplandtoys.eu
From: nrollason@kingsleynapley.co.uk
Date: 24 December 2016

Dear Father Christmas:

Thank you for your letter of 12 December in which you asked for advice regarding your ability to travel to and deliver presents to British children on the night of 24-25 December 2019. I understand that the United Kingdom (UK) is one of your largest markets and that you have a number of concerns about current political developments there. You have asked in particular about whether your rights of free movement as a Finnish and European Union (EU) national, and your ability to provide cross-border services in the UK, will be affected by the UK leaving the European Union.

The Current Position

As you will know, as an EU national, you currently have full rights to enter the UK in order to provide services and, if required, to reside and work in the UK. The right to provide services enables you to come to the UK, visit children’s parties, department stores, and shopping centers, and fly back home after a temporary stay. You may also reside in the UK as an employed, a self-employed, or a self-sufficient person. The EU Treaty also allows you, should you wish to do so, to establish your toy-making factory in the UK and to transfer your elves/helpers to work in the UK.

Because your toys are goods that are made and therefore originate in the EU, these toys can be exported from Lapland and imported into the UK without any import duty or tariffs. In addition, as I am sure that your toy factory in Lapland complies with strict EU-wide standards on safety, all these toys will automatically meet the identical EU standards applied to children’s toys in the UK.

Finally, I can also confirm that because your reindeer have all had their rabies vaccinations, have been microchipped, and have been issued with EU pet passports, they can currently freely come to the UK without having to be quarantined before travel.

The Position Post-Brexit

As I am sure you will be aware from reading the international press, there is a lot of uncertainty about when and on what terms the UK will leave the EU. The UK government has indicated that it will set in motion the two-year exit period by triggering Article 50 of the EU Treaty in March 2017, which would mean that the UK would be likely to leave the EU sometime after March 2019. While this timetable may be subject to change due to a current legal challenge in the House of Lords, the consensus appears to be that the UK will leave the EU in the second half of 2019. This means that, as you have indicated in your letter, any departure from the EU would first affect you in the Christmas season that year.

Your ongoing ability to come to the UK to provide services and to work here and to provide your toys and presents to British children will depend on the terms on which the UK leaves the EU and, in particular, whether UK companies and individuals will continue to have free unfettered access to the EU’s single market. As you may know, access to the single market is given to all members of the EU, the European Economic Area (EEA) and, to a more limited extent, to Switzerland through its specific agreements with the EU. The key to such access is that each participating state agrees to allow free movement of EU, EEA, or Swiss nationals by allowing them to live and work in each respective country.

The UK’s access to the single market is therefore almost entirely dependent on whether it will allow continued free movement of EU nationals. Although there are no official statistics on the specific reason why the UK population voted to leave the UK, the UK Prime Minister and her cabinet have stated that the vote against remaining in the EU was due to a majority of UK citizens (52% of those who voted) no longer wanting to allow free movement of EU citizens. While I would not want to give a running commentary on the many differing views expressed by the current members of the UK government, the previous anti-immigration statements made by the Prime Minister (and former Home Secretary) Theresa May would seem to indicate that free movement for EU nationals will not continue and that therefore the UK will not have access to the single market.

So what does this mean for you and your ability to continue coming to the UK every Christmas? While any new regime will take many years to finalize, the current advice I can give you is:

Service provision: It is likely that if you come to the UK to provide services without any form of work permission or a visa allowing you to do this, you would be entering the UK illegally and would be subject to administrative removal action. As you would also be in breach of your visit entry conditions, you could be liable to an entry and visa ban, which would prevent you from entering the UK for 12 months.

Working in the UK: You would most likely need a work permit (known as sponsorship) to come to the UK to work here. It is not clear whether the role you would be filling (e.g., appearing at public events, distributing presents) would be treated as skilled enough under the UK’s current Points Based System. You are well-known internationally, but you would not currently meet the requirements of the UK’s Tier 1 Exceptional Talent visa because this only applies to those working in the sciences, the arts, or the technology sectors.

Import tariffs: As it is unlikely that the UK will have negotiated a trade deal with the EU (these deals can take up to 10 years to finalize), it is likely that the UK will apply World Trade Organisation tariffs by default. This means you would pay 10% tariff duties on the value of goods imported to the UK. Considering that you are not selling these products and that you would still be charged, you may need to consider whether the UK will remain a viable market for your toys and presents.

Establishing your toy-making facility in the UK: If you wanted to come to set up your business here, you would need an Entrepreneur visa, which requires an investment of at least £200,000. It is likely that you would fail the genuine entrepreneur test, which requires you to provide a business plan for a viable business—since you would be giving away the presents you make, it is likely that the business would not be seen as financially viable. Around 60% of these applications are refused. Even if you were able to, you would not be able to sponsor your elves to come and work in the UK because the UK sponsored work permit regime does not allow sponsorship of lower-skilled workers.

You have also asked whether, if the UK were to leave the EU, the position would revert to the pre-1973 position where your presence and your activities were tolerated by the UK immigration authorities during each Christmas season. In light of the existing UK political climate, the rise of anti-immigration sentiment, and the current government’s approach to illegal immigration (shown through a number of recent draconian Acts of Parliament, such as the Immigration Act 2014 and 2016), it is very unlikely that any breaches of UK immigration law would be tolerated. You should therefore work on the assumption that any breaches will be dealt with severely.

I am very sorry that I cannot bring you better news. As always, and subject to my comments on not providing a running commentary, I will keep you updated on any developments whenever they happen.

In the meantime, I wish you a very happy Christmas and New Year.

Kind regards,

Nick Rollason

Head of Immigration, Kingsley Napley LLP

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9. New Publications and Items of Interest

The latest E-Verify webinar schedule from USCIS is available HERE.

The latest edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in 30 immigration hotspots around the world.

The latest edition adds chapters on Malta and Romania. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Ghana, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Peru, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is for:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

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10. ABIL Member/Firm News

Charles Kuck has published a new blog entry. “3 Ways National Interest Waivers Have Changed Under Dhanasar!”

Mr. Kuck was quoted in “Immigrants Use Asylum Applications To Delay Possible Deportation,” published by the Wall Street Journal on December 17, 2016.

Cyrus Mehta has published several new blog entries. “Top 10 Posts on the Insightful Immigration Blog in 2016” “The Ethical Role of a Lawyer Under a Trump Administration”

Greg Siskind, of Siskind Susser, PC, shared an example of a successful appeal under the new Dhanasar national interest waiver standard, an Administrative Appeals Office case the firm won on December 27, 2016.

Stephen Yale-Loehr was quoted in “What the Immigration Battle Could Look Like Under Trump,” published by CNN.com on December 27, 2016. He said some actions, like college campuses all making declarations of sanctuary for their students, even if they aren’t strong legally, are designed to win the court of public opinion. “There’s legislation, litigation and public opinion … and I think all three avenues will be deployed,” he said.

Mr. Yale-Loehr was quoted in “Fearing Trump, a U.S. Campus Calls for Sanctuary,” published by The Star on January 2, 2017. After more than 2,000 Cornell University students and professors called for the school to declare itself a sanctuary for undocumented students, he noted, “You can call yourself a sanctuary university, but it doesn’t have a legal meaning.” Mr. Yale-Loehr predicted that undocumented immigrants who have committed crimes will be prioritized for removal, rather than students.

Mr. Yale-Loehr was quoted in “The Devil is in the Details,” published by U.S. News & World Report on December 16, 2016. On immigration, President-elect Donald Trump may not get Congress to fund an expensive and extensive wall, but he could do a lot on his own to control who comes into the country, Mr. Yale-Loehr said. He also noted that Trump could try to make other changes, such rewriting certain regulations. “But any regulation requires notice and comments from the public. That takes several months, if not years” to complete, Mr. Yale-Loehr cautions.

Mr. Yale-Loehr was quoted in “Once Accepted, Soon Rejected? New York’s Young Immigrants Uncertain Under Trump,” published by the New York Timeson December 15, 2016. The article profiles several Deferred Action for Childhood Arrivals (DACA) recipients who worry what might happen to them if President-elect Donald Trump revokes the DACA program. According to Mr. Yale-Loehr, Mr. Trump’s options include canceling the program immediately or letting the existing two-year work permits expire.

Mr. Yale-Loehr was quoted in “Advocates Vow To Fight Broad Deportation of Immigrants,” published by the Houston Chronicle on December 15, 2016. He noted that universities could provide counseling and legal assistance for students in the United States without authorization, and train administrators and campus police on what information they are required to disclose to federal authorities. They could require that immigration officials have an arrest warrant if they want to enter campus and detain students. And although it would not be legally binding, they could designate certain parts of the campus as safe spaces, Mr. Yale-Loehr said: “If every single campus in America does this to a degree, it will be very hard to go after everyone.”

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11. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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