News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4C • April 14, 2019
Headlines:
1. DHS Secretary Forced Out; Others May Leave in Trump Purge -Secretary of Homeland Security Kirstjen Nielsen has been forced to resign, according to reports. Officials told media organizations that other departures may follow.
2. USCIS Completes H-1B Cap Random Selection Process for FY 2020, Reaches Advanced Degree Exemption Cap -On April 10, 2019, USCIS used a computer-generated random process to select enough H-1B petitions to meet the congressionally mandated regular cap and the U.S. advanced degree exemption for FY 2020.
3. Some POEs Refusing Canadian L-1 Renewal/Extension Petitions Under NAFTA -Various U.S. POEs and preclearance locations have begun to refuse to process L-1 renewal and extension petitions from Canadians pursuant to NAFTA.
4. DHS Increases Greece’s ESTA Validity Period to Two Years -DHS determined that Greece has satisfied the requirements for normalizing Greece’s ESTA validity period to two years again, following a reduction to one year in 2016.
Details:
1. DHS Secretary Forced Out; Others May Leave in Trump Purge
Secretary of Homeland Security Kirstjen Nielsen has been forced to resign, according to reports. Officials told media organizations that other departures may follow, including L. Francis Cissna, head of U.S. Citizenship and Immigration Services; Kathy Nuebel Kovarik, his deputy; and John Mitnick, USCIS general counsel and a member of Ms. Nielsen’s senior leadership team. The latter departures haven’t happened yet, however, and some reports suggest that they may not.
Meanwhile, President Trump withdrew Ron Vitiello’s nomination for director of U.S. Immigration and Customs Enforcement (ICE). President Trump said he wanted a “tougher direction,” echoing his immigration adviser Stephen Miller. Mr. Vitiello, who had been serving as acting director of ICE, subsequently announced that he was leaving the agency.
Details: Vox report; CNN video; NPR report; NBC News report
2. USCIS Completes H-1B Cap Random Selection Process for FY 2020, Reaches Advanced Degree Exemption Cap
On April 10, 2019, USCIS used a computer-generated random process to select enough H-1B petitions to meet the congressionally mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020.
USCIS received 201,011 H-1B petitions during the filing period, which began April 1, 2019, including petitions filed for the advanced degree exemption.
Details: USCIS announcement; Foster LLP blogs, one and two
3. Some POEs Refusing Canadian L-1 Renewal/Extension Petitions Under NAFTA
According to reports, contrary to previous practice, various U.S. Customs and Border Protection (CBP) ports of entry (POEs) and preclearance locations have begun to refuse to process L-1 renewal and extension petitions from Canadians pursuant to the North American Free Trade Agreement. Anecdotally, the affected POEs include Toronto, Winnipeg, Vancouver, Calgary, Montreal, Pearson, Edmonton, Seattle, Pembina, Warroad, Pt. Roberts and Sumas.
Some practitioners have sent their Canadian L’s to consular posts instead to file their I-129S (Nonimmigrant Petition Based on Blanket L Petition).
Details: Fredrikson & Byron, P.A. (report prepared with the assistance of the Alliance of Business Immigration Lawyers)
4. DHS Increases Greece’s ESTA Validity Period to Two Years
The Department of Homeland Security (DHS) has increased Greece’s Electronic System for Travel Authorization (ESTA) travel authorization validity period for travel by nationals of Greece under the Visa Waiver Program (VWP) to two years, following a reduction in 2016 from two years to one year due to identified shortcomings in meeting VWP requirements. In November 2018, DHS determined that Greece has satisfied the requirements for normalizing Greece’s ESTA validity period to two years again.
Details: Federal Register notice