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The 10 Things Trump Has Done Without Legislation

February 15, 2018/in News /by ABIL

In the year since President Trump’s inauguration there have been consistent attacks on immigration, according to the Alliance of Business Immigration Lawyers (ABIL). ABIL lawyers Cyrus Mehta and Greg Siskind have narrowed down these attacks to 10, and also provided practice pointers on how to assist.

In a January 25 teleconference, ABIL lawyers Cyrus Mehta and Greg Siskind discussed 10 things that President Trump has done without legislation to target legal and undocumented immigration in the county. Radical immigration reform was a major focus of Trump’s campaigning and remained under fire with consistent attacks in the first year of his presidency.

The 10 attacks include:

  1. Termination of Temporary Protected Status for several countries’ nationals
  2. Termination of the DACA program
  3. Imposing new, unwritten and unlawful requirements into the H-1B program
  4. Ignoring prior decisions of the agency when deciding new cases
  5. The continued enforcement of the Travel Ban
  6. The expected revocation of work cards for spouses of H-1B workers with pending green card applications
  7. Expected new restrictions on the ability of Immigration Judges to administratively close cases
  8. The new requirement to conduct in person interviews for all employment-based green card applications
  9. Punishing nationals of countries disfavored by the Trump Administration
  10. Changes to the Foreign Affairs Manual further restricting the ability to change visas within the US.

In the teleconference, Mehta and Siskind discuss the list, how certain legislation came to be and evolved, and also offer practice pointers on how immigration lawyers can assist.

RECORDING OF THE DISCUSSION

PRESS RELEASE

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2018-02-15 13:19:492019-03-28 13:21:45The 10 Things Trump Has Done Without Legislation

News from the Alliance of Business Immigration Lawyers Vol. 14, No. 2B • February 15, 2018

February 15, 2018/in Immigration Insider /by ABIL

Headlines:

 

1. 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.

2. President Trump Calls for Establishment of National Vetting Center -President Donald Trump signed a National Security Presidential Memorandum to establish a National Vetting Center “to coordinate the efforts of departments and agencies to better identify individuals seeking to enter the country who present a threat to national security, border security, homeland security, or public safety.”

3. Coalition of Business Leaders Tells Trump: We Support International Entrepreneur Rule -A coalition of business leaders, investors, and organizations sent a letter on February 8, 2018, to President Donald Trump in support of the International Entrepreneur Rule (IER), which is in effect following a court order. The Trump administration has signaled that the IER is likely on the chopping block. The letter says that killing the IER “would upend the ability of talented immigrant entrepreneurs to launch new enterprises and employ American workers in communities across the United States.”

4. Surge in H-2B Petitions Possible for Second Half of FY 2018, USCIS Announces -Following the Department of Labor’s recent announcement that it will not begin releasing H-2B temporary labor certifications until February 20, 2018, due to an unprecedented number of applications, USCIS announced that it may receive more H-2B nonimmigrant petitions than there are H-2B visas available in the second half of fiscal year 2018, and will take a “flexible” approach.

5. Alleged P-3 Entertainer Visa Fraud Scheme Busted -The P-3 visa allows entertainers to visit the United States to perform in culturally unique events and deepen U.S. understanding of different cultures. An indictment alleged that defendants choreographed a widespread P-3 visa fraud scheme by dressing visa applicants in traditional dance costumes and creating fake concert flyers.

6. USCIS To Process Recently Filed Asylum Applications Over Older Ones -USCIS will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog.

7. USCIS, DOS Tighten Screening Procedures for Refugees and Family Members -USCIS and DOS implemented new procedures “to ensure that all individuals admitted as refugees receive similar, thorough vetting—whether they are principal refugees, accompanying family members, or following-tojoin refugees.”

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

9. ABIL Member / Firm News -ABIL Member / Firm News

10. Government Agency Links -Government Agency Links


Details:

1. Immigration Bills Fail in Senate, Including DACA; House Bill’s Prospects Appear Dim; Second Court Enjoins DACA Rescission

A bipartisan deal on immigration, the so-called “Common Sense Plan,” failed on February 15, 2018, in the U.S. Senate, 54-45. The legislation would have provided a pathway to legalization for Deferred Action for Childhood Arrivals (DACA) “Dreamers” and provided $25 billion for border security measures, among other things. Reportedly, the Trump administration opposed the deal and had threatened to veto it despite substantial bipartisan support. A White House-supported bill also failed in the Senate, 39-60. The latter bill would have cut family immigration, ended the diversity visa (DV) program, and increased federal removal powers. Two other immigration proposals also failed on February 15.

Sen. John Thune was quoted as saying, “Well, we’ll go back to the drawing board.” Sen. Susan Collins (R-Maine) said she was “very disappointed” and added that “we’ve got real problems that we need to solve.”

Meanwhile, the U.S. House of Representatives is hard at work on a tough bill—the “Securing America’s Future Act,” also dubbed the “Goodlatte bill” after its main author, Rep. Bob Goodlatte (R-Va.), the chairman of the House Judiciary Committee—that appears not to have sufficient support in either the House or the Senate. Among other things, the bill would provide temporary, renewable legal status to DACA recipients rather than citizenship. It would authorize border wall funding, end family-based immigration, end the DV program, and require employers to use the E-Verify program, among other measures.

Also, on February 13, 2018, the U.S. District Court for the Eastern District of New York became the second court to enjoin DACA rescission, with a nationwide preliminary injunction while lawsuits proceed. The court ordered the Trump administration to maintain the DACA program on the same terms and conditions that existed before promulgation of the DACA Rescission Memo, subject to several limitations: the administration need not consider new applications by individuals who have never before obtained DACA benefits; need not continue granting advance parole to DACA beneficiaries; and may adjudicate DACA renewal requests on a case-by-case basis.

COURT DECISION

DEPARTMENT OF HOMELAND SECURITY PRESS RELEASE issued before the Senate voted on the “Common Sense Plan”

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2. President Trump Calls for Establishment of National Vetting Center

On February 6, 2018, President Donald Trump signed a National Security Presidential Memorandum to establish a National Vetting Center (NVC) “to coordinate the efforts of departments and agencies to better identify individuals seeking to enter the country who present a threat to national security, border security, homeland security, or public safety.”

A statement issued by the White House said the NVC, to be led by the Department of Homeland Security, “will help fulfill the President’s requirement that departments and agencies improve their coordination and use of intelligence and other information in the vetting process.”

The statement says:

The Federal Government’s current vetting efforts are ad hoc, which impedes our ability to keep up with today’s threats. The NVC will better coordinate these activities in a central location, enabling officials to further leverage critical intelligence and law enforcement information to identify terrorists, criminals, and other nefarious actors trying to enter and remain within our country. The NVC’s operations will adhere to America’s strong protections for individuals’ privacy, civil rights, and civil liberties. The Administration’s top priority is the safety and security of the public, and the NVC will empower our frontline defenders to better fulfil that obligation.

The statement may be viewed here.

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3. Coalition of Business Leaders Tells Trump: We Support International Entrepreneur Rule

A coalition of business leaders, investors, and organizations sent a letter on February 8, 2018, to President Donald Trump in support of the International Entrepreneur Rule (IER), which is in effect following a court order. The Trump administration has signaled that the IER is likely on the chopping block. The letter says that killing the IER “would upend the ability of talented immigrant entrepreneurs to launch new enterprises and employ American workers in communities across the United States.”

Among other things, the letter notes that “Rescission of the International Entrepreneur Rule” has been pending review with the Office of Management and Budget since November 17, 2017. “This potential new rule places a dark cloud over IER, as immigrant entrepreneurs are uncertain of how long IER will be in place,” the letter notes:

The rescission rule stifles investment into new companies with foreign-born founders, which ultimately costs the U.S. economy. It also exacerbates an alarming trend of elite entrepreneurs launching successful startups outside the United States. Twenty years ago our country’s share of global venture investment was 90%, but that number has dropped precipitously to 81% in 2006 and to 53% in 2017. In 2016, China was home to six of the ten largest venture capital investments in the world. If we continue to push entrepreneurs overseas, our share of global investment will continue to decrease.

As background, on January 17, 2017, the Department of Homeland Security (DHS) published the International Entrepreneur final rule with an original effective date of July 17, 2017. On July 11, 2017, DHS published a final rule delaying the effective date until March 14, 2018, to allow for a full review of the rule. The Trump administration proposed in late 2017 to rescind the final rule. In December 2017, a federal court ruled in National Venture Capital Association v. Duke that the rule should go into effect because the government had not provided sufficient notice-and-comment for the delay rule under the Administrative Procedure Act.

The full text of the coalition letter may be viewed HERE.

TechNet, with 77 member companies, sent a similar letter to U.S. Citizenship and Immigration Services, available HERE.

The court’s decision is available HERE.

View the USCIS statement following the court order HERE.

Information on how to submit an international entrepreneur application is HERE.

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4. Surge in H-2B Petitions Possible for Second Half of FY 2018, USCIS Announces

Following the Department of Labor’s recent announcement that it will not begin releasing H-2B temporary labor certifications until February 20, 2018, due to an unprecedented number of applications, U.S. Citizenship and Immigration Services (USCIS) announced that it may receive more H-2B nonimmigrant petitions than there are H-2B visas available in the second half of fiscal year 2018.

USCIS said it is “maintaining a flexible approach to this issue,” which may include randomly selecting petitions received on the final receipt date “to ensure that we allocate H-2B visas fairly and do not exceed the cap.” USCIS said more information would be forthcoming.

View the USCIS announcement is HERE.

Information on the cap count for H-2B nonimmigrants is HERE.

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5. Alleged P-3 Entertainer Visa Fraud Scheme Busted

A 15-count indictment was unsealed on February 8, 2018, in federal court in Brooklyn, New York, charging Stella Boyadjian, Hrachya Atoyan, and Diana Grigoryan, also known as “Dina Akopovna,” for their roles in a multi-year visa fraud scheme that brought Armenian citizens into the United States for profit. The defendants are charged with multiple counts of visa fraud and with conspiring to defraud the United States, commit visa fraud, and illegally bring undocumented persons into the United States. Boyadjian and Grigoryan are also charged with related money laundering, and Boyadjian is charged with aggravated identity theft.

As alleged in the indictment, the defendants choreographed their widespread visa fraud scheme by dressing visa applicants in traditional dance costumes and creating fake concert flyers to deceive a government program that allows foreign nationals to temporarily enter the United States as artistic performers in the P-3 visa category. That category allows entertainers to visit the U.S. to perform in culturally unique events and to deepen U.S. understanding of different cultures.

Boyadjian allegedly ran a nonprofit organization called Big Apple Music Awards Foundation Inc. (BAMA), based in Rego Park, New York, which she and her co-conspirators used to further their visa fraud scheme. As part of the alleged scheme, the defendants and their co-conspirators solicited undocumented persons and charged them fees ranging from $3,000 to $15,000 per applicant to fraudulently obtain P-3 visas by submitting false Forms I-129 and supporting documents to U.S. Citizenship and Immigration Services. Upon approval of the I-129 petitions, the defendants and their co-conspirators acquired fraudulent dance certificates and organized staged photo sessions where foreign nationals wore Armenian dance costumes to make it appear as though they were traditional Armenian musicians, singers, and performers. After being trained how to falsely answer questions during visa interviews, the P-3 visa applicants presented these fake certificates and photos during their P-3 visa interviews. Once in the United States, some beneficiaries of the P-3 visas paid the defendants an additional fee to be included in applications for extensions of their fraudulently obtained visas. The defendants furthered their visa fraud scheme by creating flyers and other documents purporting to hold BAMA-sponsored concerts and events in the United States.

USCIS’ announcement is HERE.

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6. USCIS To Process Recently Filed Asylum Applications Over Older Ones

U.S. Citizenship and Immigration Services (USCIS) announced recently that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog. The agency said it faces a “crisis-level backlog” of 311,000 pending asylum cases as of January 21, 2018, making the asylum system “increasingly vulnerable to fraud and abuse. This backlog has grown by more than 1750 percent over the last five years, and the rate of new asylum applications has more than tripled.”

To address this issue, USCIS said it will follow these priorities when scheduling affirmative asylum interviews:

Applications that were scheduled for an interview but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;

Applications pending 21 days or fewer since filing; and

All other pending applications, starting with newer filings and working back toward older filings.

Additionally, the Affirmative Asylum Bulletin issued by USCIS has been discontinued.

USCIS said this priority approach was used for 20 years until 2014, and “seeks to deter those who might try to use the existing backlog as a means to obtain employment authorization.” Returning to a “last in, first out” interview schedule will allow USCIS “to identify frivolous, fraudulent or otherwise non-meritorious asylum claims earlier and place those individuals into removal proceedings,” USCIS said.

The USCIS announcement is HERE.

Information on affirmative asylum interview scheduling is HERE.

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7. USCIS, DOS Tighten Screening Procedures for Refugees and Family Members

On February 1, 2018, U.S. Citizenship and Immigration Services (USCIS) and the Department of State implemented new procedures “to ensure that all individuals admitted as refugees receive similar, thorough vetting—whether they are principal refugees, accompanying family members, or following-to-join refugees.” A following-to-join refugee is the spouse or child of a principal refugee who lives abroad and wishes to join the principal refugee in the United States.

These measures were implemented following a 120-day review mandated by Executive Order 13780, which directed the Department of Homeland Security to determine what additional procedures should be implemented to ensure that individuals seeking admission as refugees do not pose a threat to the security and welfare of the United States.

According to USCIS, new measures that apply to following-to-join refugees processed overseas include:

Ensuring that following-to-join refugees receive the full baseline interagency screening and vetting checks that other refugees receive.

Requesting that the following-to-join refugee submit his or her Form I-590, Registration for Classification as Refugee, in support of the principal refugee’s Form I-730, Refugee/Asylee Relative Petition, earlier in the adjudication process. USCIS or the Department of State will contact petitioners directly to request this information.

Vetting certain nationals or stateless persons against classified databases.

The USCIS notice is HERE.

A related Department of State memorandum is HERE.

A report required by Executive Order 13780 is HERE.

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8. New Publications and Items of Interest

Trump’s first year. The Migration Policy Institute has released a new report, “Trump’s First Year on Immigration Policy: Rhetoric vs. Reality.”

E-Verify free webinar listings are HERE.

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are 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.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

An excerpt of the book is on the ABIL website.

Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is on Twitter: @ABILImmigration. Recent ABIL member blogs are HERE.

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9. ABIL Member / Firm News

Dagmar Butte spoke on “I-140 Adjudications Post Kazarian and Matter of Dhanasar” at the American Immigration Lawyers Association’s Mid-Year Conference in Cancun, Mexico, on February 2, 2018, and on “Challenging RFE Issues” at the New York Chapter Symposium on December 15, 2017.

H. Ronald Klasko recently presented at the 11th Global Residence and Citizenship Conference in Hong Kong. He presented on the E-2 (Treaty Investor) visa. When paired with the Grenada Citizenship by Investment program, the E-2 visa could be a solution for Chinese investors to avoid the 10-year EB-5 backlog. The conference was hosted by Henley & Partners. The event has become the world’s largest and most significant investment migration conference, with nearly 500 international delegates from more than 40 countries. Attendees included presidents, prime ministers, senior government officials, leading academics, industry professionals, and financial and business media. More information HERE.

Mr. Klasko and Daniel B. Lundy have been named to the list of the top 25 EB-5 lawyers in the country by EB5 Investors Magazine. According to the magazine, “Candidates were evaluated based on their experience in the EB-5 industry, their track record and their reputation within the field.”

Vincent Lau will speak on various topics at the following upcoming conferences:

Advanced PERM Issues, American Immigration Lawyers Association Midwinter CLE Conference, February 2018, Cancun, Mexico

Sangre y Arena: The BAHA Effect Across Agencies, American Immigration Lawyers Association Rome District Chapter Conference, February 2018, Madrid, Spain

PERM Under the Trump Administration, American Immigration Lawyers Association New England Immigration Law Conference, March 2018, Boston, Massachusetts

2018 Top PERM and LCA Issues, American Immigration Lawyers Association Midwest Regional Conference, March 2018, Chicago, Illinois

Inside the Beltway with the DOL Liaison Committee, American Immigration Lawyers Association 2018 Spring CLE Conference, April 2018, Washington, DC

PERM BALCA and FAQ Review, American Immigration Lawyers Association Annual Conference on Immigration Law, June 2018, San Francisco, California

U.S. Department of Labor Open Forum, American Immigration Lawyers Association Annual Conference on Immigration Law, June 2018, San Francisco, California

Mr. Lau spoke at Permanent Labor Certification Program (PERM)—Current Adjudication Trends and Anticipated Changes, Practising Law Institute, December 2017, New York City.

Robert Loughran, in his role as a member of the Texas State Bar Committee on Laws Relating to Immigration and Nationality, met with consular supervisors at the largest visa issuing post in the world in Ciudad Juarez, Mexico, on February 8, 2018, to review the latest procedures.

Cyrus Mehta has authored or co-authored several new blog entries. “The Evolving Rights of Deportable Immigrants As Seen in the Case of Ravi Ragbir” is HERE. “The AAO Finds That Entry-Level Wages Do Not Automatically Preclude H-1B Visa Classification” is HERE.

Mr. Mehta moderated “Lessons Across Borders: What the U.S. and Canada Can Teach One Another About Establishing a Successful Immigration and Asylum Policy” at the American Bar Association’s (ABA) 2018 Midyear Meeting in Vancouver, Canada, on February 3, 2018. More information is HERE. Video highlights are HERE. A related ABA article is HERE.

Mr. Mehta announced the following recent speaking engagements:

Program Chair and Speaker, “Basic Immigration Law 2018,” Practising Law Institute, New York City and via webcast, February 8, 2018

Program Chair, “Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Related Relief,” Practising Law Institute, New York City and via webcast, February 9, 2018

Moderator, “Lessons Across Borders: What the U.S. and Canada Can Teach One Another About Establishing a Successful Immigration and Asylum Policy,” American Bar Association 2018 Midyear Meeting, Vancouver, Canada, February 3, 2018

Guest Speaker, “How To Help Clients Even While President Trump Is Restricting Immigration,” AILA Philadelphia Chapter Meeting, Philadelphia, Pennsylvania, January 18, 2018

Wolfsdorf Rosenthal LLP has published several new blog entries. “10 Things Every Departing Alien Needs to Know About IRS ‘Sailing’ Permits” is HERE. “Ten Things To Know About Communist Party Membership Inadmissibility” is HERE. “New Streamlined E-1 & E-2 Investor Visa Processing at the U.S. Consulate in Toronto, Canada” is HERE.

Stephen Yale-Loehr co-authored “Trump and Obama Immigration Enforcement: A Tale of the Tape So Far,” published by New York Daily News on February 5, 2018. The article is HERE.

Mr. Yale-Loehr moderated a panel discussion in Palo Alto, California, on how the Trump administration’s immigration changes are affecting the tech industry. The panelists included Julie Pearl. The discussion is available as a podcast edited by Cornell Law School HERE (scroll down to “Faculty Podcasts: Immigration and the Tech Sector: What’s Changed, What Hasn’t, and What Might in the Trump Administration.”

Mr. Yale-Loehr will speak at the 16th Washington International Education Conference, an event offering independent objective information to the international education community, to be held at the University of California, Washington DC Center, on February 14-15, 2018. For further information, see HERE.

Mr. Yale-Loehr will give three talks in Sarasota and Venice, Florida, on March 6 and 7, 2018. On March 6, he will speak at 10:30 am at the First United Methodist Church, 104 S. Pineapple Ave., Sarasota, and at 2:30 pm at the Venice Community Center, 326 Nokomis Ave. South, Venice, about Green Card Stories. This book, featuring many ABIL members’ clients, puts a human face on immigration, moving the debate beyond divisive politics and into the landscape of everyday America. The individuals profiled in the book illustrate how immigrants are contributing to our nation today. On March 7, Mr. Yale-Loehr will talk about our broken immigration system and how to fix it at 10:30 am at the First United Methodist Church, 104 S. Pineapple Ave., Sarasota. All three talks are through the Sarasota Institute of Lifetime Learning. Details are HERE.

Mr. Yale-Loehr was quoted in Inside Higher Education in “A Year of Travel Bans,” about a decline in student and B visas issued in certain countries. He said the percentage changes were “higher than I would have anticipated. For example, a 53 percent decline in the number of F visas issued to people from Iraq, that’s very significant. Even if the numbers are small, the percentage change is very significant, and it shows that the State Department is implementing the travel ban more aggressively than many people may have thought.” He added, “The fact that despite the exception that theoretically allows students from Iran to come to the United States we still see a 24 percent decrease in the number of F-1 visas granted from Iran, shows that there is a de facto travel ban in place for many students from Iran even though legally they are allowed to apply to come under the same conditions as before.” The article is HERE.

Mr. Yale-Loehr was quoted in PolitiFact in “Donald Trump’s Misleading Claim About Chain Migration, Unlimited Sponsorship of Distant Relatives,” rebutting President Trump’s false claim that “a single immigrant can bring in unlimited numbers of distant relatives.” Mr. Yale-Loehr noted, “As a practical matter, because of these long backlogs there is not as much chain migration as President Trump claims.” The article is HERE.

Mr. Yale-Loehr was quoted in Deutsche Welle News Service in “Why Donald Trump’s Immigration Deal is a Hard Sell.” Responding to President Trump’s false claim that countries send their “worst people” under the diversity visa program, Mr. Yale-Loehr cited a 2011 Congressional Research Service report, noting that “a higher percentage of immigrants who entered the United States through the diversity visa program had managerial and professional occupations than green card holders overall.” With respect to “chain migration,” Mr. Yale-Loehr noted, “Chain migration is President Trump’s derogatory way of labeling family reunification immigration.” He also said, “President Trump is wrong to claim that distant relatives can easily and quickly immigrate to the United States,” pointing out that U.S. citizens can only petition for close relatives like siblings, children, and parents—not aunts, uncles, or other, more distant relatives. Mr. Yale-Loehr noted that even under the current system, for a U.S. citizen to try to bring a relative to the country is no small feat and takes a long time: “If I am a U.S. citizen and petition for my brother, the wait would be almost 14 years for most countries. And if my brother is from the Philippines, the wait would be over 23 years.” With respect to a recent immigration deal proposed by President Trump, Mr. Yale-Loehr said the chances of passage in Congress were not good. The article is HERE.

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10. 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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https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2018-02-15 00:00:192019-09-03 12:14:23News from the Alliance of Business Immigration Lawyers Vol. 14, No. 2B • February 15, 2018

News from the Alliance of Business Immigration Lawyers Vol. 14, No. 2A • February 01, 2018

February 01, 2018/in Immigration Insider /by ABIL

Headlines:

1. 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.

2. Immigration Innovation Act of 2018 Introduced in Senate -Sens. Orrin Hatch (R-Utah) and Jeff Flake (R-Ariz.) introduced the “Immigration Innovation (I-Squared) Act of 2018” in the U.S. Senate on January 25, 2018. The bill (S. 2344) would authorize additional visas for “well-educated aliens” to live and work in the United States.

3. USCIS Announces Termination of TPS Designation in 2019 for El Salvador -TPS for El Salvador will be terminated effective September 9, 2019. The 60-day re-registration period began January 18, 2018, and runs through March 19, 2018.

4. USCIS Automatically Extends EAD Validity for Certain Haitians With TPS; Re-Registration Period Now Open -The designation of Haiti for TPS will expire on July 22, 2019. Current beneficiaries of TPS under Haiti’s designation who want to maintain that status through the program’s termination date must re-register by March 19, 2018. USCIS has automatically extended the validity of EADs for certain individuals with TPS from Haiti.

5. DOJ Announces End to Use of Civil Enforcement Authority to Enforce Agency Guidance Documents -The Office of the Associate Attorney General announced a new policy on January 25, 2018, that prohibits the Department of Justice from using its civil enforcement authority to convert agency guidance documents into binding rules.

6. USCIS Emailing Notifications to H-2A Petitioners, Using Pre-Paid Mailers to Send RFEs -USCIS has begun emailing notifications of receipt and approval to H-2A (temporary agricultural worker) petitioners who file Forms I-129, Petitions for a Nonimmigrant Worker. Also, USCIS said it is using pre-paid mailers provided by H-2A petitioners to send requests for evidence (RFE) if issued in a case.

7. DOL Issues Notice on Change for H-2B Labor Certification Period of Need -The DOL’s Office of Foreign Labor Certification alerted employers and other interested stakeholders about a process change “to better assure fairness regarding the issuance of H-2B temporary labor certifications due to the unprecedented volume of applications received on January 1, 2018.”

8. The Department of State recently updated guidance on affidavits of support and public charge determinations: -The Department of State recently updated guidance on affidavits of support and public charge determinations.

9. USCIS Releases Guidance on L-1 Relationships and Proxy Votes -A recent policy memorandum from U.S. Citizenship and Immigration Services (USCIS) clarifies a 1982 precedent decision, Matter of Hughes, by instructing officers that proxy votes must be irrevocable from the time of filing the L-1 petition through adjudication to establish a qualifying relationship. The petitioner must file an amended petition if any changes of ownership and control of the organization occur after USCIS adjudicates the petition.

10. CBP Issues Guidance on Border Searches of Electronic Devices -CBP issued a memorandum providing guidance and standard operating procedures for border searches of electronic devices.

11. Federal Contractors With E-Verify FAR Requirement Must Enroll in E-Verify -Federal contractors and subcontractors with an E-Verify Federal Acquisition Regulation (FAR) requirement must enroll in and use E-Verify.

12. ABIL Global: Mexico -This article provides commentary on “duty of care” in Mexico’s corporate immigration system.

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

14. ABIL Member/Firm News -ABIL Member/Firm News

15. Government Agency Links -Government Agency Links


Details:

1. 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. Following are highlights of these communications.

State of the Union. President Trump called for “immigration policies that focus on the best interests of American workers and American families.” He asserted that “for decades, open borders have allowed drugs and gangs to pour into our most vulnerable communities. They’ve allowed millions of low-wage workers to compete for jobs and wages against the poorest Americans. Most tragically, they have caused the loss of many innocent lives.” He said he is “calling on Congress to finally close the deadly loopholes that have allowed MS-13, and other criminal gangs, to break into our country.”

President Trump said that after meeting extensively with both Democrats and Republicans “to craft a bipartisan approach to immigration reform,” his administration “presented Congress with a detailed proposal” that includes four pillars:

  1. A path to citizenship for 1.8 million “illegal immigrants who were brought here by their parents at a young age.” Under the plan, “those who meet education and work requirements, and show good moral character, will be able to become full citizens of the United States over a 12-year period.”
  2. Fully securing the border. “That means building a great wall on the southern border, and it means hiring more heroes…to keep our communities safe. Crucially, our plan closes the terrible loopholes exploited by criminals and terrorists to enter our country, and it finally ends the horrible and dangerous practice of catch and release.”
  3. Ending the diversity visa lottery. “It’s time to begin moving toward a merit-based immigration system, one that admits people who are skilled, who want to work, who will contribute to our society, and who will love and respect our country.”
  4. Ending “chain migration” by limiting family migration to spouses and minor children.

President Trump also said he signed an order to keep the “detention facilities” open in Guantanamo Bay, Cuba.

Framework on Immigration Reform & Border Security. Among other things, the framework calls for a $25 billion “trust fund” for a border wall system, ports of entry/exit, and northern border enhancements. It also proposes providing legal status for Deferred Action for Childhood Arrivals (DACA) recipients, including a 10- to 12-year path to citizenship that includes “requirements for work, education and good moral character.” The framework would eliminate the Diversity Visa lottery.

The next day, Kirstjen Nielsen, Secretary of Homeland Security, released a brief statement supporting President Trump’s “security-focused immigration framework,” including funding for the “border wall system, the ability to quickly remove those who break our immigration laws and reforms to our immigration system.” Secretary Nielsen said, “This is what DHS front-line personnel have asked for to secure our borders and maintain the integrity of our immigration system.”

WHITE HOUSE STATEMENT

DHS SECRETARY NIELSN’S STATEMENT

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2. Immigration Innovation Act of 2018 Introduced in Senate

Sens. Orrin Hatch (R-Utah) and Jeff Flake (R-Ariz.) introduced the “Immigration Innovation (I-Squared) Act of 2018” in the U.S. Senate on January 25, 2018. The bill (S. 2344) would authorize additional visas for “well-educated aliens” to live and work in the United States.

A summary from Sen. Hatch outlines the bill as follows:

Employment-Based Nonimmigrant Visas (H–1B)

  • S. advanced degrees: Uncaps the existing exemption (currently 20,000) for holders of U.S. master’s degrees or higher from the annual numerical limitation on H–1B visas for individuals who are being sponsored for or who will be sponsored for a green card.
  • Statutory cap: Increases the annual base allocation of H–1B visas from 65,000 to 85,000.
  • Market escalator: Creates a market-based escalator to allow the supply of H–1B visas to meet demand. Under the escalator, up to 110,000 additional H–1B visas (for a total of 195,000) may be granted in a fiscal year if certain demand requirements are met.
  • Lottery prioritization: Prioritizes adjudication of cap-subject H–1B visa petitions for holders of U.S. master’s degrees or higher, holders of foreign Ph.D.’s, and holders of U.S. STEM (science, technology, engineering, and mathematics) bachelor’s degrees.
  • Hoarding penalties: Subjects employers who fail to employ an H–1B worker for more than 3 months during the individual’s first year of work authorization to a penalty.
  • Prohibitions on replacement: Prohibits employers from hiring an H–1B visa holder with the purpose and intent to replace a U.S. worker.
  • Work authorization for H–1B spouses and children: Provides work authorization for spouses and dependent children of H–1B visa holders.
  • Worker mobility: Increases H–1B worker mobility by establishing a grace period during which H–1B visa holders can change jobs without losing legal status.
  • Dependent employers: Updates 1998 law exempting H–1B dependent employers from certain recruitment and nondisplacement requirements. Raises from $60,000 to $100,000 the H–1B salary level at which the salary-based exemption takes effect. Narrows education-based exemption to H–1B hires with a U.S. Ph.D. Eliminates exemptions for “super-dependent” employers.

Green Cards

  • Per-country numerical limits: Eliminates annual per-country limit for employment-based permanent resident “green cards” and adjusts per-country caps for family-based green cards.
  • Green card recapture: Enables the recapture of green card numbers that were approved by Congress in previous years but not used.
  • Exemptions from green card cap: Exempts spouses and children of employment-based green card holders, holders of U.S. STEM master’s degrees or higher, and certain individuals with extraordinary ability in the arts and sciences, from worldwide numerical caps on employment-based green cards.
  • Worker mobility: Increases worker mobility for individuals on the path to a green card by enabling them to change jobs earlier in the process without losing their place in the green card line.
  • Employment–based conditional green cards: Creates a new conditional green card category to allow U.S. employers to sponsor university-educated foreign professionals through a separate path from H–1B.

Student Visas

  • Dual intent: Enables F–1 student visa holders to seek permanent resident status while a student or during Optional Practical Training (OPT).

STEM Education and Worker Training

  • Promoting American Ingenuity Account: Increases fees for H–1B visas and employment-based green cards and directs fees toward state-administered grants to promote STEM education and worker training.

SEN. HATCH’s STATEMENT

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3. USCIS Announces Termination of TPS Designation in 2019 for El Salvador

The designation of El Salvador for temporary protected status (TPS) was set to expire on March 9, 2018. The Secretary of Homeland Security has determined that conditions in El Salvador no longer support its designation for TPS and that termination of the TPS designation of El Salvador is required. The Secretary therefore is terminating the designation effective September 9, 2019, which is 18 months following the end of the current designation. The 60-day re-registration period began January 18, 2018, and runs through March 19, 2018.

Nationals of El Salvador (and those having no nationality who last habitually resided in El Salvador) who have been granted TPS and wish to maintain their TPS and receive TPS-based employment authorization documents (EAD) valid through September 9, 2019, must re-register for TPS in accordance with the procedures set forth in the USCIS notice.

USCIS has automatically extended the validity of EADs with TPS from El Salvador with an original expiration date of March 9, 2018, and containing the category code “A-12” or “C-19.” The employee with such an EAD may continue to work without a new one (and without a receipt notice) through the end of the automatic extension period, September 5, 2018, USCIS said.

NOTICE

CORRECTION NOTICE

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4. USCIS Automatically Extends EAD Validity for Certain Haitians With TPS; Re-Registration Period Now Open

As announced in late 2017, the designation of Haiti for temporary protected status (TPS) will expire on July 22, 2019. Current beneficiaries of TPS under Haiti’s designation who want to maintain that status through the program’s termination date of July 22, 2019, must re-register by March 19, 2018. Also, USCIS has automatically extended the validity of employment authorization documents (EADs) for certain individuals with TPS from Haiti.

EADs for Haitians with TPS with an original expiration date of January 22, 2018, and containing the category code “A-12” or “C-19” are automatically extended and the employee may continue to work without a new one (and without a receipt notice) through the end of the automatic extension period, July 21, 2018.

Additionally, those Haitians with TPS who have an EAD with an expiration date of July 22, 2017, and who have not yet received the new EAD applied for during the last re-registration period are also covered by this automatic extension. For the Form I-9, these employees may show their EAD with a July 22, 2017, expiration date, their EAD application receipt (Notice of Action, Form I-797C) that notes the application was received on or after May 24, 2017, and USCIS’s statement on this automatic extension.

RE-REGISTRATION NOTICE

NOTICE OF TERMINATION of TPS for Haitians

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5. DOJ Announces End to Use of Civil Enforcement Authority to Enforce Agency Guidance Documents

As a follow-up to a memorandum issued by Attorney General Jeff Sessions in November 2017, the Office of the Associate Attorney General announced a new policy on January 25, 2018, that prohibits the Department of Justice from using its civil enforcement authority to convert agency guidance documents into binding rules. Under the DOJ’s new policy, agency civil litigators are prohibited from using guidance documents, or noncompliance with guidance documents, to establish violations of law in affirmative civil enforcement actions.

The November memo prohibits the DOJ from issuing guidance documents that have the effect of adopting new regulatory requirements or amendments to the law that are binding on persons or entities outside the Executive Branch. The memo prevents the agency “from evading required rulemaking processes by using guidance memos to create de facto regulations. In the past, the Department of Justice and other agencies had blurred the distinction between regulations and guidance documents,” a DOJ announcement said.

“Although guidance documents can be helpful in educating the public about already existing law, they do not have the binding force or effect of law and should not be used as a substitute for rulemaking,” Associate Attorney General Rachel Brand said.

ANNOUNCEMENT

NOVEMBER MEMO

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6. USCIS Emailing Notifications to H-2A Petitioners, Using Pre-Paid Mailers to Send RFEs

As of January 22, 2018, U.S. Citizenship and Immigration Services (USCIS) has begun emailing notifications of receipt and approval to H-2A (temporary agricultural worker) petitioners who file Forms I-129, Petitions for a Nonimmigrant Worker. Also, USCIS said it is using pre-paid mailers provided by H-2A petitioners to send requests for evidence (RFE) if issued in a case.

These process changes apply only to H-2A petitions “due to their highly time-sensitive nature,” USCIS said.

Email notifications. USCIS will send notifications of receipt and approval to the email address provided by H-2A petitioners in Part 1 of Form I-129 and to any email address provided for their attorneys or accredited representatives on a valid Form G-28. There is no charge for this service.

In addition to these emailed notifications, USCIS will continue to send receipt and approval notices by postal mail and update Case Status Online at https://egov.uscis.gov/casestatus/landing.do.

Pre-paid mailers for RFEs. H-2A petitioners can submit two pre-paid mailers if they want to expedite delivery of both the final decision notice and any RFE issued for the petition.

Service centers normally use pre-paid mailers only for final decision notices. Any pre-paid mailers submitted for H-2A petitions must meet the same requirements (see link below) as pre-paid mailers used for other forms and classifications.

USCIS will no longer send receipt notices to H-2A petitioners via pre-paid mailer. This is because the emailed receipt notice will include the relevant receipt number, the agency said.

USCIS NOTICE

REQUIREMENTS FOR PRE-PAID MAILERS

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7. DOL Issues Notice on Change for H-2B Labor Certification Period of Need

The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) alerted employers and other interested stakeholders on January 17, 2018, about a process change “to better assure fairness regarding the issuance of H-2B temporary labor certifications due to the unprecedented volume of applications received on January 1, 2018.”

Among other things, the alert notes that H-2B employers receiving Notices of Acceptance can proceed to meet the additional regulatory requirements, including recruitment of U.S. workers and submission of recruitment reports. Employers receiving Notices of Deficiency that are corrected, and who then receive a Notice of Acceptance, can also proceed to meet the additional regulatory requirements.

The alert states that OFLC is making a change to its process regarding the issuance of final labor certification decisions. This process change “will better reflect the sequential order in which employers filed applications,” the alert notes. OFLC will not begin releasing certified H-2B applications (Form ETA-9142B, Application for Temporary Employment Certification) until February 20, 2018. On that day, OFLC will release certified H-2B applications that have met all regulatory requirements as of that day in sequential order based on the original calendar day and time the application was filed (i.e., receipt time).Thereafter, OFLC will continue to release certified H-2B applications in a sequential manner until all applications are released. OFLC will continue to issue rejections, withdrawals, and denials of labor certification applications in accordance with standard procedures. This process change “will allow employers who filed promptly on January 1, 2018, sufficient time to meet regulatory requirements, including the recruitment and hiring of qualified and available U.S. workers, thus preserving the sequential order of filing that took place on January 1, 2018, to the extent possible,” the alert states.

ALERT (scroll down to January 17, 2018).

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8. The Department of State recently updated guidance on affidavits of support and public charge determinations:

The Department of State recently updated guidance on affidavits of support and public charge determinations:

UNCLASSIFIED 18 STATE 942

January 4, 2018

From: SECSTATE WASHDC

Subject: Update to 9 FAM 302.8 Public Charge – INA 212(A)(4)

  1. Guidance at 9 FAM 302.8 has been updated and reorganized.
  1. INA 212(a)(4)(B) continues to provide that officers must take into account the totality of the alien’s circumstances at the time of visa application, including, at a minimum: (a) age, (b) health, (c) family status, (d) assets, resources, financial status, and (e) education and skills. As revised, 9 FAM 302.8-2(B)(2) now includes detailed guidance to help officers assess these statutory factors when considering the totality of the applicant’s circumstances. For instance, 9 FAM 302.8-2(B)(2)(f)(1)(b)(i) provides that an officer may consider “past or current receipt of public assistance of any type” in determining whether an applicant is likely to become a public charge, although officers must make a determination based on the present circumstances. Consequently, an applicant’s current receipt of public assistance may not raise significant future concerns, based on the totality of circumstances. For example, if the applicant just completed an educational degree and received a credible job offer, the applicant’s education and skills might provide a sufficient basis to find that the applicant overcomes any public charge ineligibility concerns in spite of current lack of assets. Alternatively, an applicant’s past receipt of public assistance could be very significant: for example, if the applicant’s spouse was the family’s primary income earner, but recently died. In this case, the applicant’s recent change in family status and likely change in financial status would weigh heavily in considering the totality of the circumstances.
  1. Additionally, 9 FAM 302.8-2(B)(3), paragraph b, as revised provides that a “properly filed and sufficient, non-fraudulent” Affidavit of Support by itself may not satisfy the INA 212(a)(4) public charge requirement. The Affidavit of Support requirement at INA 213A and the public charge ineligibility at INA 212(a)(4) are distinct requirements which, where both are applicable, must both be satisfied. Accordingly, a properly filed and sufficient Affidavit of Support is essential, but does not preclude denial on public charge grounds. Officers should consider such affidavits as one factor in the totality of the applicant’s circumstances, and, may find the applicant is likely to become a public charge if, for example, the applicant is in very poor health, is unable to work, and is likely to incur significant medical costs. Similarly, if an applicant does not clearly overcome public charge concerns but could with a joint sponsor, then a consular officer’s evaluation of the likelihood the joint sponsor would voluntarily meet his or her financial obligations toward the applicant becomes vital to the adjudication. See 9 FAM 302.8-2(B)(3)(b)(1)(b).
  2. The updated guidance at 9 FAM 302.8 is effective immediately.

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9. USCIS Releases Guidance on L-1 Relationships and Proxy Votes

A recent policy memorandum from U.S. Citizenship and Immigration Services (USCIS) clarifies a 1982 precedent decision, Matter of Hughes, by instructing officers that proxy votes must be irrevocable from the time of filing the L-1 petition through adjudication to establish a qualifying relationship. The petitioner must file an amended petition if any changes of ownership and control of the organization occur after USCIS adjudicates the petition.

The memo notes that although Matter of Hughes focused on joint venture scenarios, issues of ownership and control can arise in other circumstances. Specifically, owners of entities often use proxy votes to determine control of the entity. In typical proxy voting cases, a person is authorized to vote equity owned by another. Neither Matter of Hughes nor previous USCIS guidance have addressed whether proxy votes must be irrevocable to establish control, the memo states.

The fact that proxies may be revoked is an issue when establishing control of a company through proxy votes, the memo notes. A petitioner can show control by submitting documentation demonstrating that one or more equity holders irrevocably granted the ability to vote their equity to another equity holder, thereby effectively (and legally) giving the other equity holder “control” over the company or companies in question. The memo notes that such documentation may include relevant evidence regarding the legal framework under which the proxy was granted (such as the laws of the jurisdiction in which the entity is organized and the jurisdiction in which any agreements were executed), the organizational documents of the entity, irrevocable proxy agreements, official meeting minutes detailing the irrevocable proxy, and an affidavit from the proxy-granting equity holder with sufficient specificity regarding the details of the irrevocable proxy. As always, the memo states, the petitioner bears the burden of proof and the evidence the petitioner provides must be credible and sufficient for the adjudicator to determine eligibility. “If a petitioner cannot demonstrate the requisite common ownership and control from the time of filing through the time USCIS adjudicates the petition, it fails to establish a qualifying relationship,” the memo states. “Further, changes of ownership and control of the organization post-adjudication may constitute a substantial change in circumstances or new material information requiring re-adjudication by USCIS to ensure compliance with the regulations. In such cases, the petitioner must file an amended L-1 petition.”

MEMO

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10. CBP Issues Guidance on Border Searches of Electronic Devices

U.S. Customs and Border Protection (CBP) issued a memorandum on January 4, 2018, providing guidance and standard operating procedures for border searches of electronic devices. The guidance applies to “searching, reviewing, retaining, and sharing information contained in computers, tablets, removable media, disks, drives, tapes, mobile phones, cameras, music and other media players, and any other communication, electronic, or digital devices subject to inbound and outbound border searches” by CBP.

Among other things, the memo states that border searches of electronic devices may include searches of the information stored on a device when it is presented for inspection or during its detention by CBP for an inbound or outbound border inspection. The border search will include “an examination of only the information that is resident upon the device and accessible through the device’s operating system or through other software, tools, or applications. Officers may not intentionally use the device to access information that is solely stored remotely.” The memo includes procedures for handling material identified as protected by attorney-client privilege or attorney work product, and other sensitive information such as medical records, journalist work, and business or commercial information.

The memo states that if presented with an electronic device containing information that is protected by a passcode or encryption or other security mechanism, a CBP officer may request and retain passcodes or other means of access as needed to facilitate the examination of an electronic device or information contained on an electronic device, including information on the device that is accessible through software applications present on the device that is being inspected or has been detained, seized, or retained in accordance with the memo.

Passcodes and other means of access obtained during the course of a border inspection “will only be utilized to facilitate the inspection of devices” and information subject to border search “will be deleted or destroyed when no longer needed to facilitate the search of a given device, and may not be utilized to access information that is only stored remotely,” the memo states. If an officer is unable to complete an inspection of an electronic device because it is protected by a passcode or encryption, the officer may “detain the device pending a determination as to its admissibility, exclusion, or other disposition,” the memo notes.

MEMO

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11. Federal Contractors With E-Verify FAR Requirement Must Enroll in E-Verify

U.S. Citizenship and Immigration Services issued a reminder that as of January 5, 2018, federal contractors and subcontractors with an E-Verify Federal Acquisition Regulation (FAR) requirement must enroll in and use E-Verify. Beginning January 5, 2018, new federal contractors and subcontractors with a FAR requirement must provide their Data Universal Numbering System (DUNS) during the E-Verify enrollment process. The DUNS Number is a unique, nine-digit identification number assigned by Dun and Bradstreet to the organizations maintained in its database. Existing E-Verify employers designated as federal contractors with a FAR requirement do not have to provide their DUNS number, but will be prompted to enter it in E-Verify when they update their company profile.

MORE INFORMATION ON E-VERIFY HERE and HERE

 

E-VERIFY ENROLLMENT CHECKLIST

VIDEO ON HOW TO ENROLL IN E-VERIFY

CONTACT INFORMATION FOR E-VERIFY

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12. ABIL Global: Mexico

This article provides commentary on “duty of care” in Mexico’s corporate immigration system.

On a global scale, the immigration regimes of every country evolve according to diverse reasons. It is often hard to keep track due to the fast pace at which the financial and political climate may transform. In the case of Mexico, a major reform took place in 2012 after a longstanding regime that lasted nearly 40 years, and yet there is no legislation that specifically addresses the concept of “duty of care,” despite growing concerns among practitioners and employers.

From a regulatory standpoint, the Mexican immigration regime is governed by the Constitution, the Migration Act, and its regulations, along with several decrees, programs, and guidelines for the practical application of the law. All of these instruments are aligned with core objectives as established in the National Development Plan and the Strategic Plan of the National Immigration Institute 2013-2018, which are heavily oriented toward the protection of the human rights of migrants, fostering economic growth through facilitating legal migratory flows, promoting family reunion, and encouraging foreign direct investment.

In light of the above, illegal immigration was decriminalized and the term “illegal” was removed from a regulatory standpoint, the immigration procedures were streamlined, and the sanctions for non-compliance of foreigners in the country have been relaxed.

Within this context, such flexibilities are ironically deceiving. It is common to find employers and foreign nationals continuing to be penalized with administrative sanctions, monetary fines, and other difficulties that may interrupt business continuity and compromise a foreign national’s legal stay in the country. In addition, provisions in other areas of law, including tax and labor regulations, must be observed to ensure that foreign nationals working and doing business in the country remain fully compliant and avoid such risks.

There is a challenge to guarantee that the concept of “duty of care” not only remains in the vocabulary of law practitioners and employers but also is included in the regulations and the culture of all corporations that mobilize foreign employees internationally.

Although the Instituto Nacional de Migración (INM) does not directly penalize companies for foreign employees’ non-compliance with immigration laws, employers acting as sponsors are held accountable and the implications may indirectly affect business objectives. Furthermore, sanctions imposed on expatriates also permeate companies’ records with the INM and may affect future applications when the same company is acting as the sponsor.

Although duty of care is not a concept that Mexican laws specifically address, its practice is widespread within corporations and international assignees. Hence, the potential contingencies it may entail must be considered by corporations in defining their global immigration programs, even in countries such as Mexico, that could be deemed with a low risk and relaxed regulations for corporate and business activities.

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13. New Publications and Items of Interest

Trump’s first year. The Migration Policy Institute has released a new report, “Trump’s First Year on Immigration Policy: Rhetoric vs. Reality.”

E-Verify free webinar listings are HERE.

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are 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.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

An excerpt of the book is on the ABIL website.

Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is on Twitter: @ABILImmigration. Recent ABIL member blogs are HERE.

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14. ABIL Member/Firm News

H. Ronald Klasko recently presented at the American Immigration Lawyers Association’s (AILA) Latin America and Caribbean Chapter 2017 CLE Conference. Mr. Klasko presented on the outlook for immigration legislation and ethical issues in representation of foreign nationals in a changing environment. He also presented on topics related to EB-5 immigration.

Robert Loughran was interviewed on Good Day Austin (Fox 7) about the DACA debate and the proposed compromise on immigration.

Cyrus Mehta has authored or co-authored several new blog entries. “The American Dream is for Everyone” “Potential Adjustment of Status Options After the Termination of TPS” David Isaacson of Mr. Mehta’s office has authored a new blog entry. “What Comes Next: Potential Relief Options After the Termination of TPS”

Angelo Paparelli and Charles Foster of Foster LLP were quoted by Law360 in “4 Ways GCs Can Prepare for Potential Worksite Raids.” The article is available by registering HERE.

Mr. Paparelli was quoted by The Mercury News in “If Immigration Authorities Raid the Bay Area, Could the State Stop Them?” Conflicts between federal and state law “will cause a lot of confusion for employers as to walking the fine line between cooperating with immigration agents and refusing to cooperate,” he said. The article also references Mr. Paparelli’s commentary, “AB 450: California’s Law of Unintended Immigration Consequences.”

Wolfsdorf Rosenthal LLP has published several new blog entries. “Leveling Up…How to Handle the H-1B Level I Wage Issue” “Vietnam EB-5 Demand Exceeds Expectations—U.S. State Department Predicts April 2018 Cut-Off Date (Which Will Close the Door Until October 1, 2018) —There Will Be a Short EB-5 ‘Season’ for Vietnam, When Will the Boot Fall for India?” “U.S. Tax Delinquents: Travel Ban Implemented” “Options for TPS Recipients (English and Spanish)” “U.S. State Department Issues Travel and Visa Ban Guidance & Waiver Criteria for Certain Predominately Muslim Countries, Iran, Chad, Libya, Somalia, Syria, Yemen (& Venezuela & North Korea)” “5 Reasons Indian Citizens Should Consider EB-5 Visa to U.S. – 2018 Update”

Stephen Yale-Loehr will speak at “Starting Up and Staying Here: Immigrant Entrepreneurship,” a business networking event sponsored by Upstate Capital at Collegetown eHub in Ithaca, New York, on February 7, 2018, starting at 4 p.m.

Mr. Yale-Loehr will speak on the impact of President Trump’s immigration policy changes on international students at the 16th Washington International Education Conference to be held February 14-15, 2018, at the University of California Washington, DC Center. For more information or to register, see HERE.

Mr. Yale-Loehr was quoted by FactCheck.org in “Trump’s Claim on Diversity Visas.” “It is a complicated and lengthy process. Among other things, the consular officer must make sure the individual is not ‘inadmissible.’ This means that the person has not committed a crime, doesn’t have a serious health problem, isn’t a terrorist, hasn’t committed fraud, and hasn’t overstayed in the U.S. before. The diversity lottery is a true lottery. There is no way a foreign government can game the lottery to offload the worst of their citizenry.”

Mr. Yale-Loehr was quoted by Bloomberg Law’s BNA Daily Labor Report on the White House’s immigration proposal. “I think the White House proposal is dead on arrival. Substantively it contains too many poison pills for Democrats to swallow,” he said, and “it also may go too far for conservative Republicans who are opposed to granting legalization for up to 1.8 million noncitizens.”

Mr. Yale-Loehr was quoted by the New York Times about a federal court decision ordering immigration officials to release a detained immigration activist who was ordered deported. Calling the decision “groundbreaking,” he said, “It holds that the Constitution requires the government to give people subject to a final deportation order time to arrange their affairs.” But he cautioned, “Today’s decision was long on rhetoric and short on careful legal analysis. I worry that a higher court may reverse.”

Mr. Yale-Loehr was quoted by Reuters about whether the Trump administration is likely to extend temporary protected status for Syrians. “If the administration wants to make it known that they are considering whether to extend TPS on a case-by-case basis, Syria presents a much clearer case why it should be extended.” If they rescind the protection for Syrians, “then it signals that they think the concept and philosophy of TPS is unwarranted,” he said.

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15. 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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