Headlines:

1. ABIL Commentary: Threats, Opportunities for Employers in 2018 -After a tumultuous, difficult year in 2017 with respect to immigration and border issues, attorneys from the Alliance of Business Immigration Lawyers (ABIL) shared their thoughts on what employers can expect in 2018.

2. REAL ID Act: New Security Measures Start January 22 -Starting January 22, 2018, passengers who have driver’s licenses issued by a state that does not yet comply with the REAL ID Act and that has not received an extension will need to show an alternative form of acceptable identification for domestic air travel. Passengers who have licenses issued by a state that is complying or that has an extension to become compliant with REAL ID requirements may continue to use their licenses as usual.

3. DHS Implements New VWP Security Measures -The new measures include requiring VWP countries “to use counterterrorism information to better screen travelers,” assessing VWP countries “to ensure they implement safeguards against the aviation sector,” and requiring certain VWP countries “to initiate public information campaigns to reduce overstays.”

4. USCIS Announces Restrictions on TN Economist Status -New policy guidance states that financial analysts, marketing analysts, and market research analysts are not eligible for classification as a TN economist.

5. Judge Lifts Trump Ban on Certain Following-to-Join Refugees -A federal judge in Seattle preliminarily enjoined federal agencies from enforcing a Trump administration-imposed ban on certain following-to-join refugees from entering the United States. The court said that it did so at an early stage in the proceedings because the plaintiffs showed that they were likely to succeed on their claims that the agencies exceeded their statutory authority.

6. EB-5, Special Immigrant Religious Worker Categories Extended to January 19 -The Department of State’s Visa Bulletin for January 2018 discusses the scheduled expiration of two employment-based visa categories. Both have been extended at least until January 19, 2018, with passage of a short-term continuing resolution in Congress.

7. TPS Extended for Honduras Until July 2018, Terminated for Nicaragua in January 2019 -The Department of Homeland Security recently announced that the temporary protected status designation has been extended for Honduras until July 5, 2018, and will be terminated for Nicaragua as of January 5, 2019.

8. USCIS Reaches H-2B Cap for First Half of FY 2018 -December 15, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2018. USCIS will reject new cap-subject H-2B petitions received after December 15 that request an employment start date before April 1, 2018.

9. Cuba News: USCIS Rescinds Matter of Vazquez as Adopted Decision; U.S. Embassy in Havana Temporarily Suspends Operations -USCIS has made several announcements recently with respect to Cuba, including issuing a new policy memorandum that rescinds Matter of Vazquez as an Adopted Decision, and temporarily suspending operations at its field office in Havana.

10. USCIS Is Accepting Applications Under International Entrepreneur Rule (IER) But Plans Proposed Rule to Eliminate IER -USCIS is taking steps to implement the International Entrepreneur Rule (IER) in accordance with a recent court decision. USCIS noted that while the agency implements the IER, DHS will also “proceed with issuing a notice of proposed rulemaking (NPRM) seeking to remove the Jan. 17, 2017, IER. DHS is in the final stages of drafting the NPRM.”

11. Supreme Court Allows Trump Travel Ban to Proceed; State Dept. Issues Guidance -On December 4, 2017, the U.S. Supreme Court granted the Trump administration’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in Hawaii and Maryland. The Supreme Court’s orders allow the government to fully implement the Trump administration’s entry restrictions on certain countries.

12. USCIS Issues FAQ on Rejected DACA Requests, Resubmissions -U.S. Citizenship and Immigration Services recently released a FAQ on rejected Deferred Action for Childhood Arrivals requests, and resubmissions.

13. Attorney General Issues Memo to EOIR on Reducing Backlogs -The memo and accompanying documents set forth principles and plans to reduce the backlog of cases pending before the EOIR. Some of the proposals are controversial.

14. OFLC Releases Tips on H-2A Labor Certification Process for Employers -The Department of Labor’s Office of Foreign Labor Certification released a presentation including tips on the H-2A labor certification process for employers.

15. U.S. Mission in Canada Implements New Appointment Scheduling System for E Visas -On December 5, 2017, the U.S. Mission in Canada sent an alert announcing a new appointment scheduling system for E visa applications.

16. ABIL Global: France -The French government, in its continual effort to facilitate international professional mobility, is rolling out several digital tools to simplify entry and work procedures in France for foreign employees. The latest important innovation is the online portal “France Visas,” which allows applying for visas online. This portal is in addition to a number of other applications already in place for electronic registration and declarations relating to the international mobility of foreign employees.

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

18. ABIL Member/Firm News -ABIL Member/Firm News

19. Government Agency Links -Government Agency Links

Details:

1. ABIL Commentary: Threats, Opportunities for Employers in 2018

After a tumultuous, difficult year in 2017 with respect to immigration and border issues, attorneys from the Alliance of Business Immigration Lawyers (ABIL) shared their thoughts on what employers can expect in 2018. Below is a summary of their responses and reports from the field.

Where Things Stand Now

The Trump administration appears to be attempting to keep various campaign promises on immigration and border enforcement that mesh with the President’s (and his supporters’) overall dim view of foreign people entering the United States. Before he was elected, President Trump made a wide range of anti-immigration promises couched in national security terms. Those promises included, among other things, building a massive wall along the southern border and making Mexico pay for it; immediately deporting undocumented migrants; barring Muslims from entering the United States; “extreme vetting” of immigrants; and creating a “deportation force.” The President has waffled on Deferred Action for Childhood Arrivals (DACA) “Dreamers,” verbally expressing his support and understanding of their plight and then canceling the DACA program with an exhortation for Congress to handle it.

Executive orders issued since his inauguration have included various entry/travel bans, limits on refugees, and threats to sanctuary cities to pull their federal funding. The first travel ban on people entering from several predominantly Muslim countries was announced seven days after his inauguration with no apparent advance process, discussion, preparation, warning, or guidance to the Department of Homeland Security. The result was chaos and protests at airports. Various court challenges and subsequent travel bans ensued.

Arrests for “noncriminal immigration violators” are up, with 31,888 noncriminal arrests during the first eight months of the Trump administration, according to U.S. Customs and Immigration Enforcement. On the other hand, deportations have actually decreased by about 14,000 this year, reports say, but Attorney General Jeff Sessions has called for a “concerted effort” by immigration courts to speed up processing of pending immigration cases.

Concerns for 2018

Current concerns for 2018 include:

• Animosity of the administration toward immigrants: “This is leaching into all areas of USCIS adjudications and the attitude of [U.S. Customs and Border Patrol agents toward] travelers with a bona fide legal basis for entry,” one attorney reported. “They will do as they please right now until challenged,” said another.
• Creeping arbitrariness and unpredictability: Attorneys report clients being held up at the border or turned away in some cases due to considerations that do not seem to be based in law or regulation. Denials are being issued in some cases filed by employers on behalf of professionals that previously would have been considered routine. Some agents of the federal government appear to believe it is now open season on cracking down, and to be acting accordingly. Officers are no longer required to defer to previous decisions when extensions are requested. An attorney reported an example of such decision-making: a “perfectly clean” request for a three-year L-1 worker was approved without an RFE for one year because “she is an employee at will, so only one year is allowed.” Another attorney reported similar treatment for Trade NAFTA clients at certain ports of entry. A third attorney said, “To me the top threat is something that affects everything we do—it is the sense (which is not universal but permeates the ranks) inside [the Departments of Homeland Security and State] that they have impunity and are not bound by the rule of law. Unless and until employers adopt a long-term view and sue—as opposed to the short-term approach of just refiling and hoping for a better result—the agencies are right.”
• More and more demands for additional documents, interviews, and requests for evidence (RFEs): Among other things, U.S. Citizenship and Immigration Services (USCIS) is reportedly considering mandatory interviews for all applications to renew or replace green cards (Forms I-90). Interviews for petitions to remove conditions on residence for certain married couples (I-751) are already a “nightmare.” USCIS is phasing in interviews for adjustment of status applications based on employment, including for some who have already filed their applications. Executive orders are requiring visa applications and adjudications to be reviewed for compliance with “extreme vetting” and “Buy American/Hire American” policies, for both initial petitions and extensions. There has been a sharp uptick (45% compared to last year, according to USCIS) in RFEs on H-1B visa petitions for skilled workers.
• Massive backlogs and delays in applications and petitions increasing as a result of the greater scrutiny, in some cases leading to disruptions in travel, work, and study plans.
• Attorneys’ fees increasing as a result of the additional work.
• An overall “brain drain” and reduction in quality employees as immigration decreases, deportations increase, and more and more people leave the United States for Canada or other countries perceived to be friendlier to immigration, or never apply to enter the United States in the first place.
• Arbitrary caps on H-2B workers and lack of a returning worker exemption.
• A lack of visa categories for unskilled workers who are not temporary (which constitutes about 75% of the entire workforce).
• Denials of advance parole renewal requests filed by green card applicants if they leave the country.
• Stress on employers as they find it harder to fill important positions in a timely manner or are accused of not wanting to hire U.S. workers when in some cases there are simply not enough U.S. workers qualified and available to take the jobs.
• Stress on clients, including would-be immigrants and their families; family separation; stress on attorneys.
• Travel restrictions on people from certain countries based on a new ban issued in September that the Supreme Court allowed to be put into effect while appeals run their course.
• Ending temporary protected status for some (e.g., Nicaraguans and Haitians), and making it harder to designate or extend such status in the future.
• A planned removal of the regulation allowing certain H-4 spouses of H-1B nonimmigrants to obtain employment authorization documents (EADs), with a notice of proposed rulemaking scheduled for February 2018. This is expected to result in lost filing fees and labor turnover costs for employers with workers on H-4 EADs.
• A proposed electronic registration program for H-1B petitions subject to numerical restrictions, with a notice of proposed rulemaking considered for February 2018, along with possible further restrictions on H-1B visas.
• A proposal to make it more difficult to obtain a J-1 waiver.
• Privacy issues: As of the middle of fiscal year 2017, approximately 30,000 travelers had their electronic devices searched at the border or at ports of entry. This was three times the number searched in 2015.

Future Concerns

In addition to those noted above, future concerns include:

• A planned revision (not yet described) of the definition of Specialty Occupation for H-1B workers and additional requirements for H-1B wages, with a notice of proposed rulemaking scheduled for October 2018.
• Proposed new requirements for F and M students with respect to the practical training period, to include increased oversight of schools and participating students, with a notice of proposed rulemaking scheduled for October 2018.

Hopeful Signs

Although no one has a crystal ball and things look bleak overall for the foreseeable future on the immigration front, there are a few positive indications on the horizon. For example, according to reports, after conferring with President Trump, leaders in Congress are seriously considering introducing a measure in January 2018 to allow DACA “Dreamers” to stay in the United States. As of September 4, 2017, there were 689,821 people with valid DACA status in the country. Sen. Lindsey Graham (R-SC) was quoted in late December following a meeting with President Trump: “He wants to make a deal. He wants to fix the entire system.”

Also reportedly under serious consideration is meaningful EB-5 reform legislation, such as the Fairness for High-Skilled Immigrants Act, which would allow some EB-5 investors to obtain immigrant visas more quickly because their place in the waiting line would no longer depend on the nation of chargeability. And USCIS began accepting applications again under the International Entrepreneur Rule in December, albeit temporarily while the agency drafts a notice of proposed rulemaking to quash it permanently.

Otherwise, some court challenges are either already working their way through the system (e.g., on the latest travel ban) or may be filed in the future.

Recommendations

In general, ABIL recommends that employers and employees consider:

• Allowing much more time than before for the application/petition process. Posted processing times are not reliable. Several additional months may be required if there is an RFE or an unanticipated additional security check or other problem.
• Filing a mandamus action in federal court to compel the agency to act if a case experiences extreme processing delays.
• Not leaving the United States in the short term if status is in any way uncertain.
• Contacting your ABIL attorney for advice and help in specific situations.

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2. REAL ID Act: New Security Measures Start January 22

Starting January 22, 2018, passengers who have driver’s licenses issued by a state that does not yet comply with the REAL ID Act and that has not received an extension will need to show an alternative form of acceptable identification for domestic air travel. Passengers who have licenses issued by a state that is complying or that has an extension to become compliant with REAL ID requirements may continue to use their licenses as usual.

Starting October 1, 2020, every air traveler must present a REAL ID-compliant license or another acceptable form of identification for domestic air travel. A REAL ID compliant license is one that meets, and is issued by a state that complies with, the REAL ID Act’s security standards.

The Department of Homeland Security (DHS) noted that REAL ID allows compliant states to issue driver’s licenses and identification cards where the identity of the applicant cannot be assured or for whom lawful presence is not determined. Some states currently issue such noncompliant cards to undocumented individuals. These cards must clearly state on their face (and in the machine-readable zone) that they are not acceptable for official purposes and must use a unique design or color to differentiate them from compliant cards, DHS said. DHS cautioned against assuming that possession of a noncompliant card indicates the holder is an undocumented individual, given that several states issue noncompliant licenses for reasons unrelated to lawful presence.

Many states are already REAL ID compliant. DHS reportedly has granted the following states and territories an extension until October 2018 to meet federal standards and make their state-issued IDs compliant: Alaska, American Samoa, California, Guam, Idaho, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Missouri, Montana, Northern Mariana Islands, New Hampshire, New Jersey, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Texas, U.S. Virgin Islands, Virginia, and Washington.

States under review for a renewed extension include New York, Michigan, and Louisiana.

Travelers can check DHS’s website for additional information and can check with a state’s driver’s license-issuing agency about how to acquire a compliant license. DHS’s REAL ID webpage. DHS’s Transportation Security Administration’s list of acceptable forms of identification for airport checkpoints.

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3. DHS Implements New VWP Security Measures

Secretary of Homeland Security Kirstjen M. Nielsen announced on December 15, 2017, that the Department of Homeland Security (DHS), in consultation with the Department of State and other federal agencies, is implementing new security requirements for the Visa Waiver Program (VWP). VWP allows citizens of 38 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. Each year, the United States allows more than 20 million visitors to travel to the United States under the VWP.

The new measures include requiring VWP countries “to use counterterrorism information to better screen travelers,” assessing VWP countries “to ensure they implement safeguards against the aviation sector,” and requiring certain VWP countries “to initiate public information campaigns to reduce overstays.”

Specifically, DHS is introducing the following measures applicable to all countries in the VWP:

• Requiring VWP countries to fully implement existing information-sharing arrangements by systematically screening travelers crossing their borders against U.S. counterterrorism information;
• Assessing VWP countries on the effectiveness of safeguards against insider threats in the aviation security environment; and
• Requiring VWP countries having a two percent or greater rate of business or tourism nonimmigrant visitors overstaying the terms of their admission into the United States to initiate a public information campaign to reduce overstay violations by educating their nationals on the conditions for admission into the United States.

DHS reportedly said that Hungary, Greece, Portugal, and San Marino will launch public campaigns to inform their citizens because two percent of travelers from those countries overstayed their terms of admission.

DHS is also asking Congress to codify existing VWP requirements to bolster efforts in the following areas:

• Reporting of foreign terrorist fighter information to multilateral organizations, such as INTERPOL and EUROPOL;
• Systematically collecting and analyzing passenger travel data (Advance Passenger Information/Passenger Name Records); and
• Concluding arrangements to permit U.S. Federal Air Marshals to operate onboard U.S. air carriers for last point of departure flights to the United States.

As part of its regular cooperation with VWP countries, DHS said it “will develop targeted engagement plans to support implementation of these measures.” DHS has assessed that these security enhancements will not hinder lawful trade and travel. Qualified nationals will continue to be able to travel to the United States under the VWP, DHS noted.

DHS also said that travelers in the following categories are no longer eligible to travel or be admitted to the United States under the VWP:

• Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, Syria, Libya, Somalia, or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country); and
• Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

In addition, travelers must have an e-passport to use the VWP. An e-passport is an enhanced secure passport with an embedded electronic chip. An e-passport is readily identified by a unique international symbol on the cover.

DHS Secretary Nielsen’s statement.

Additional information on the VWP, including a list of participating countries.

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4. USCIS Announces Restrictions on TN Economist Status

U.S. Citizenship and Immigration Services (USCIS) recently published policy guidance on the specific work activities its officers should consider when determining whether an individual qualifies for Trade NAFTA (TN) nonimmigrant status as an economist. The policy guidance states that financial analysts, marketing analysts, and market research analysts are not eligible for classification as a TN economist.

North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the United States to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, which USCIS said has resulted in inconsistent decisions about whether certain analysts and financial professionals qualify for TN status as economists.

USCIS said the new policy is consistent with the Department of Labor’s (DOL’s) Standard Occupational Classification (SOC) system. DOL defines economists as people who conduct research, prepare reports, or formulate plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy. Economists may collect and process economic and statistical data using sampling techniques and econometric methods. The definition specifically excludes market research and marketing analyst occupations, USCIS said.

With respect to the occupation of financial analyst, USCIS said it recognizes that economists and financial analysts are related occupations and that there may occasionally be some similarity in the activities of these two occupational categories. As differentiated from economists, however, financial analysts “primarily conduct quantitative analyses of information affecting investment programs of public or private institutions,” USCIS said. Recognizing that these types of positions are not the same, the SOC separates these occupations into two categories. Therefore, to be consistent with the SOC, USCIS said it is clarifying that economists and financial analysts are two separate occupations for the purposes of qualifying for TN nonimmigrant status pursuant to NAFTA.

Some attorneys warn that TN Economists—even those who were previously approved—could experience increased scrutiny when returning to the United States. Strategies may include arguing that a position meets the definition of an economist, amending the position description, avoiding international travel, or considering nonimmigrant alternatives. Contact your Alliance of Business Immigration Lawyers attorney for advice in specific situations.

USCIS policy memo

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5. Judge Lifts Trump Ban on Certain Following-to-Join Refugees

On December 23, 2017, a federal judge in Seattle preliminarily enjoined federal agencies from enforcing a Trump administration-imposed ban on certain following-to-join refugees from entering the United States. The court said that it did so at an early stage in the proceedings because the plaintiffs showed that they were likely to succeed on their claims that the agencies exceeded their statutory authority and also that the plaintiffs meet other qualifying factors necessary for preliminary injunctive relief.

The court noted that the plaintiffs in the two motions at issue are refugees “in dire circumstances,” whose family members “yearn to be reunited with them,” and humanitarian organizations whose fundamental mission is “to help these vulnerable refugees resettle in the United States.” Among the plaintiffs are a Somali immigrant, admitted to the United States in 2014 as a refugee, who became a lawful permanent resident in 2016. He filed a petition to bring his wife and children to the United States as following-to-join refugees. His wife and children completed their final interviews and security and medical clearances, received a formal assurance from a refugee resettlement agency, and were on the brink of travel but have not yet received permission from the Department of Homeland Security to travel. His wife and oldest stepson are both Kenyan citizens, so the U.S. Embassy in Somalia said they could travel to the United States, but said that his four- and five-year-old sons could not do so because they are considered Somali citizens due to their father’s nationality.

Another plaintiff is an Iraqi national who served as an interpreter for the U.S. military, which put him in extreme danger in Iraq. He fled Iraq for Cairo, Egypt, without his family in 2014 and applied for refugee status in the United States. He was conditionally approved for U.S. resettlement in December 2015 and received an assurance of sponsorship from a resettlement agency. He was told to get ready to travel to the United States and was updating his passport when the restrictions on refugee admissions went into effect.

Also among the plaintiffs is a transgender woman who faces extreme harassment and persecution in Egypt because of her gender identity. Her refugee application was being processed on an expedited basis until the restrictions took effect.

The organizational plaintiffs, which include Jewish Family Services and the American Civil Liberties Union, are also suffering “irreparable harm,” the court said. They have dedicated significant resources to helping refugees from the countries in question. Due to the government’s actions, the organizations claim they will need to lay off employees, reduce services, cancel established programs, lose institutional knowledge, and ultimately lose goodwill with volunteers and community partners. Evidence of these threatened losses supported a finding of the possibility of irreparable harm, the court said, adding that the indefinite duration of the “delay” in admitting the refugees “leaves the organizations unable to operate or plan effectively, further deteriorating goodwill and adding to their harms.” Further, the court noted, the organizations cannot simply shift resources to “unaffected” refugees as the government suggested. Rather, they have built programs specifically to serve Muslim and Arabic-speaking refugees.

Among other things, the government asserted that the “doctrine of consular nonreviewability” applied to the claims in this case. However, the court observed that courts have traditionally applied that doctrine to bar challenges to decisions by consular officials adjudicating individual visa applications. In this case, the court noted, defendants relied on out-of-circuit authority to argue for a significant expansion of the doctrine and stated that the principle underlying that doctrine applies regardless of the manner in which the executive branch denies entry to an alien abroad, including a refugee applicant. The court noted that the individual plaintiffs did not seek review of an individual consular officer’s decision to grant or deny a visa pursuant to valid regulations, but rather the government’s promulgation of sweeping immigration policy. Courts can and do review constitutional and statutory challenges to the substance and implementation of immigration policy, the court said.

The court also noted that while the Secretary of Homeland Security has discretion in deciding the outcome of a refugee application, the law does not specify that the Secretary has discretion to suspend adjudication such applications. The court said, “In other words, the Secretary may have discretion over what the decision will be, but not over whether a decision will be made.”

The court also observed that the government offered no evidence that the suspension of admissions of refugees from certain countries was in response to a national security or foreign affairs crisis. The justification offered seemed to be that the government continued to have unspecified concerns regarding the admission of refugees from certain countries. The court agreed that the government has a “compelling” interest in national security, but noted that the government did not point to any specific national security threat that the restrictions curtail.

The court said that the preliminary injunction applies to all following-to-join refugees because, by definition, they have a bona fide relationship with a person in the United States, which is required based on a recent Supreme Court decision. The same, however, is not true for all refugees from the banned countries. “These refugees are not necessarily in a relationship with a United States person or organization,” the court noted.

The court noted that this is an area of “rapidly developing law with related cases presently on appeal and decisions anticipated shortly.” Stay tuned.

DECISION

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6. EB-5, Special Immigrant Religious Worker Categories Extended to January 19

The Department of State’s Visa Bulletin for January 2018 states the following with respect to scheduled expiration of two employment-based visa categories. Both have been extended at least until January 19, 2018, with passage of a short-term continuing resolution in Congress:

Employment Fourth Preference [EB-4] Certain Religious Workers (SR):

Pursuant to the continuing resolution, signed on December 7, 2017, the non-minister special immigrant program expires on December 22, 2017. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 21, 2017. Visas issued prior to this date will only be issued with a validity date of December 21, 2017, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight December 21, 2017.

The final action date for this category has been listed as “Unavailable” for January. If there is legislative action extending this category for FY 2018, the final action date would immediately become “Current” for January for all countries except El Salvador, Guatemala, and Honduras which would be subject to a December 1, 2015 final action date, and for Mexico which would be subject to a June 1, 2016 date.

Employment Fifth Preference [EB-5] Categories (I5 and R5):

The continuing resolution signed on December 7, 2017 extended this immigrant investor pilot program until December 22, 2017. The I5 and R5 visas may be issued until close of business on December 22, 2017, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after December 22, 2017.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for January. If there is legislative action extending them for FY 2018, the final action dates would immediately become “Current” for January for all countries except China-mainland born I5 and R5 which would be subject to a July 22, 2014 final action date.

January 2018 Visa Bulletin

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7. TPS Extended for Honduras Until July 2018, Terminated for Nicaragua in January 2019

The Department of Homeland Security recently announced that the temporary protected status (TPS) designation has been extended for Honduras until July 5, 2018, and will be terminated for Nicaragua as of January 5, 2019. Details are below.

Honduras

The designation of Honduras for TPS was set to expire on January 5, 2018. The Secretary of Homeland Security did not make a determination on Honduras’s designation by November 6, 2017, the statutory deadline. Accordingly, the TPS designation of Honduras is automatically extended for 6 months, from January 6, 2018, through July 5, 2018. The 60-day re-registration period began December 15, 2017, and runs through February 13, 2018.

In the notice announcing the extension on December 15, 2017, the Department of Homeland Security said that before July 5, 2018, the Secretary will review the conditions in Honduras and decide whether extension, redesignation, or termination is warranted in accordance with the TPS statute. During this period, “beneficiaries are encouraged to prepare for their return to Honduras in the event Honduras’s designation is not extended again and if they have no other lawful basis for remaining in the United States, including requesting updated travel documents from the Government of Honduras,” DHS said.

Nicaragua

The TPS designation of Nicaragua is also set to expire on January 5, 2018. The Secretary of Homeland Security announced on December 15, 2017, that the TPS designation of Nicaragua will be terminated effective January 5, 2019. The 60-day re-registration period began December 15, 2017, and runs through February 13, 2018. DHS said that “[i]t is important for re-registrants to timely re-register during this 60-day period and not to wait until their EADs expire.”

Nationals of Nicaragua (and those having no nationality who last habitually resided in Nicaragua) who have been granted TPS and wish to maintain their TPS and receive TPS-based employment authorization documents (EADs) valid through January 5, 2019, must re-register for TPS in accordance with the procedures set forth in the notice.

TPS Notice for Honduras

TPS Notice for Nicaragua

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8. USCIS Reaches H-2B Cap for First Half of FY 2018

U.S. Citizenship and Immigration Services (USCIS) recently announced that it has reached the congressionally mandated H-2B cap for the first half of fiscal year 2018.

December 15, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2018. USCIS will reject new cap-subject H-2B petitions received after December 15 that request an employment start date before April 1, 2018.

USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:

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

USCIS is currently accepting cap-subject petitions for the second half of FY 2018 for employment start dates on or after April 1, 2018.

U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 through March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 through September 30).

USCIS encourages H-2B petitioners to visit the H-2B fiscal year 2018 cap season webpage.

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9. Cuba News: USCIS Rescinds Matter of Vazquez as Adopted Decision; U.S. Embassy in Havana Temporarily Suspends Operations

U.S. Citizenship and Immigration Services (USCIS) has made several announcements recently with respect to Cuba, including issuing a new policy memorandum that rescinds Matter of Vazquez as an Adopted Decision, and temporarily suspending operations at its field office in Havana.

Rescission of Matter of Vazquez as an Adopted Decision

A new policy memorandum rescinds Matter of Vazquez as an Adopted Decision. The new memorandum supersedes all prior guidance regarding the determination of Cuban citizenship for purposes of adjustment under the Cuban Adjustment Act.

Temporary Suspension of Operations in Havana

U.S. Citizenship and Immigration Services (USCIS) announced that due to staff reductions at the U.S. Embassy in Havana, Cuba, USCIS will temporarily suspend operations at its field office in Havana, effective immediately. During this time, the USCIS field office in Mexico City, Mexico, will assume Havana’s jurisdiction.

USCIS says that individuals who live in Cuba must follow the filing instructions in the announcement.

U.S. Embassy website for Cuba

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10. USCIS Is Accepting Applications Under International Entrepreneur Rule (IER) But Plans Proposed Rule to Eliminate IER

U.S. Citizenship and Immigration Services (USCIS) announced on December 14, 2017, that it is taking steps to implement the International Entrepreneur Rule (IER) in accordance with a recent court decision. USCIS noted that while the agency implements the IER, the Department of Homeland Security (DHS) will also “proceed with issuing a notice of proposed rulemaking (NPRM) seeking to remove the Jan. 17, 2017, IER. DHS is in the final stages of drafting the NPRM.”

USCIS explained that although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because DHS issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. USCIS said this “delay rule” was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations. However, a December 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’s final rule to delay the effective date.

The IER was intended to provide international entrepreneurs a new avenue to apply for parole, enter the United States, and invest in establishing and growing start-up businesses, USCIS noted. The rule established new criteria to guide the adjudication of parole applications from certain foreign entrepreneurs, providing them with temporary admission. The rule did not afford a path to citizenship.

INSTRUCTIONS and FORM

IER

VACATED RULE

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11. Supreme Court Allows Trump Travel Ban to Proceed; State Dept. Issues Guidance

On December 4, 2017, the U.S. Supreme Court granted the Trump administration’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in Hawaii and Maryland. The preliminary injunctions had prohibited the government from fully enforcing or implementing the entry restrictions of Presidential Proclamation 9645, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats” to nationals of six countries: Chad, Iran, Libya, Syria, Yemen, and Somalia. The Supreme Court’s orders allowed the government to implement those restrictions fully beginning December 8, 2017, until related litigation is resolved. The District Court injunctions did not affect implementation of entry restrictions against nationals from North Korea and Venezuela. Those individuals remain subject to the restrictions and limitations listed in the Presidential Proclamation. The Proclamation does not restrict the travel of dual nationals as long as they are traveling on the passport of a non-designated country.

The Department of State (DOS) issued a statement on December 4 providing guidance on several details related to the travel ban. Among other things, the statement said:

We will not cancel previously scheduled visa application appointments. In accordance with the Presidential Proclamation, for nationals of the eight designated countries, a consular officer will make a determination whether an applicant otherwise eligible for a visa is exempt from the Proclamation or, if not, may be eligible for a waiver under the Proclamation and therefore issued a visa.

No visas will be revoked pursuant to the Proclamation. Individuals subject to the Proclamation who possess a valid visa or valid travel document generally will be permitted to travel to the United States, irrespective of when the visa was issued.

We will keep those traveling to the United States and our partners in the travel industry informed as we implement the order in a professional, organized, and timely way.

The DOS provided the following details on the travel restrictions by country:

Nationals of the eight countries are subject to various travel restrictions contained in the Proclamation, as outlined in the following table, subject to exceptions and waivers set forth in the Proclamation.

The DOS statement provides the following list of exceptions:

The following exceptions apply to nationals from all eight countries and will not be subject to any travel restrictions listed in the Proclamation:

1. Any national who was in the United States on the applicable effective date described in Section 7 of the Proclamation for that national, regardless of immigration status;
2. Any national who had a valid visa on the applicable effective date in Section 7 of the Proclamation for that national;
3. Any national who qualifies for a visa or other valid travel document under section 6(d) of the Proclamation;
4. Any lawful permanent resident (LPR) of the United States;
5. Any national who is admitted to or paroled into the United States on or after the applicable effective date in Section 7 of the Proclamation for that national;
6. Any applicant who has a document other than a visa, valid on the applicable effective date in Section 7 of the Proclamation for that applicant or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as advance parole;
7. Any dual national of a country designated under the Proclamation when traveling on a passport issued by a non-designated country;
8. Any applicant traveling on a diplomatic (A-1 or A-2) or diplomatic-type visa (of any classification), NATO-1 -6 visas, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; except certain Venezuelan government officials and their family members traveling on a diplomatic-type B-1, B-2, or B1/B2 visas[;]
9. Any applicant who has been granted asylum; admitted to the United States as a refugee; or has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

Exceptions and waivers listed in the Proclamation are applicable for qualified applicants. In all visa adjudications, consular officers may seek additional information, as warranted, to determine whether an exception or a waiver is available.

Meanwhile, the 9^th and 4^th Circuits held arguments on the travel ban on December 6 and 8, 2017, respectively. Both courts are likely to issue rulings relatively quickly. The cases are then likely to go to the Supreme Court.

The Supreme Court’s brief orders are HERE and HERE. The , which provides additional details about qualifications and procedures, along with frequently asked questions (FAQs). Related Presidential Proclamation. The DOS statement provided a link to a related Department of Homeland Security FAQ released in September 2017.

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12. USCIS Issues FAQ on Rejected DACA Requests, Resubmissions

U.S. Citizenship and Immigration Services (USCIS) recently released frequently asked questions (FAQ) on rejected Deferred Action for Childhood Arrivals (DACA) requests, and resubmissions.

The FAQ notes that the due date for new, initial DACA requests was September 5, 2017. The due date for DACA renewal requests was September 5, 2017, for recipients whose DACA status expired before that date and was October 5, 2017, for recipients whose DACA expired or will expire between September 5, 2017, and March 5, 2018.

For those whose DACA requests were delivered by the deadline but were not officially “received” by USCIS until the following day and were rejected and returned to applicants for that reason, the FAQ states that USCIS “will identify you and send you a letter inviting you to resubmit your DACA request. You will have 33 days from the date of the letter to resubmit your request. You may wish to keep a copy of all materials included in your resubmission. USCIS expects to be able to identify and send letters to all persons in this situation.”

Those in the situation noted above who have not yet been contacted by USCIS may contact Lockbox Support before resubmitting their DACA packages for reconsideration. Lockbox Support can be emailed at [email protected].

USCIS FAQ, includes additional details about who may resubmit and why.

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13. Attorney General Issues Memo to EOIR on Reducing Backlogs

On December 5, 2017, Attorney General Jeff Sessions issued a memorandum to the Department of Justice’s Executive Office for Immigration Review (EOIR), “Renewing Our Commitment to the Timely and Efficient Adjudication of Immigration Cases to Serve the National Interest.” The memo and accompanying documents set forth principles and plans to reduce the backlog of cases pending before the EOIR, some of which have proved controversial.

Mr. Sessions noted that 50 new immigration judges have begun work since January 20, 2017, and that 60 more are expected to be added in the next 6 months. He said that the current backlog of approximately 650,000 cases pending before immigration courts is a challenge but “not insurmountable.” In addition to hiring more immigration judges and support personnel, he said:

[W]e must all work to identify and adopt—consistent with the law—additional procedures and techniques that will increase productivity, enhance efficiencies, and ensure the timely and proper administration of justice. Whether you are an immigration judge who has a unique way to better handle dockets, or an administrative assistant who has a better process for handling the distribution of files in the office, we can all contribute something to improve the system. I, too, anticipate clarifying certain legal matters in the near future that will remove recurring impediments to judicial economy and the timely administration of justice.

Toward this end, Mr. Sessions listed a set of principles to be followed:

• The immigration courts, the Board of Immigration Appeals, and the Office of the Chief Administrative Hearing Officer within EOIR are responsible for adjudicating cases and administering the immigration laws. We serve the national interest by applying those laws as enacted, irrespective of our personal policy preferences.
• The timely and efficient conclusion of cases serves the national interest. Unwarranted delays and delayed decision making do not. The ultimate disposition for each case in which an alien’s removability has been established must be either a removal order or a grant of relief or protection from removal provided for under our immigration laws, as appropriate and consistent with applicable law.
• Meritless cases or motions pending before the immigration courts or the Board of Immigration Appeals should be promptly resolved consistent with applicable law.
• The efficient and timely completion of cases and motions before EOIR is aided by the use of performance measures to ensure that EOIR adjudicates cases fairly, expeditiously, and uniformly in accordance with its mission.
• The attempted perpetration of fraud upon the United States government in our immigration court system can lead to delays, inefficiencies, and the improper provision of immigration benefits. Therefore, any and all suspected instances of fraud should be promptly documented and reported to EOIR management, and any other agency with an interest in the identification of and response to such fraud (including the appropriate state bar(s) in cases of attorney misconduct), consistent with applicable law.

A “backgrounder” asserts, among other things, that the Deferred Action for Childhood Arrivals (DACA) program, prosecutorial discretion, and provisional waivers have “slowed down the adjudication of existing cases and incentivized further illegal immigration that led to new cases.” The backgrounder also charges that “[r]epresentatives of illegal aliens have purposely used tactics designed to delay the adjudication of their clients’ cases.”

The backgrounder states that EOIR plans to pilot video teleconferencing, where immigration judges will adjudicate cases from around the country. Also planned is a review of “existing EOIR regulations and policies to determine changes that could streamline current immigration proceedings (e.g. the [EOIR memo] on continuances issued on July 31, 2017; regulatory changes that will allow immigration judges to deny unmeritorious cases regardless if the annual limit for relief has been met).”

In reaction to the memo and accompanying documents, the American Immigration Lawyers Association (AILA) condemned “attacks by AG Sessions on the immigration courts and the due process rights of immigrants,” stating that “[f]or the AG to blame immigration lawyers for imagined trespasses is both malicious and wrong. We will not let that misinformation pass without setting the record straight.” Benjamin Johnson, AILA Executive Director, said, “Once again, the Attorney General cites flawed facts to castigate the immigration bar for the significant case backlog and inefficiencies in our immigration court system. He blames immigration attorneys for seeking case continuances, disregarding the fact that continuances are also routinely requested by counsel for the government, or are issued unilaterally by the court for administrative reasons.” Mr. Johnson noted, “The number one reason a continuance is requested by a respondent is to find counsel. Other reasons include securing and authenticating documentary evidence from foreign countries, or…locating critical witnesses. And when the government refuses to share information from a client’s immigration file and instead makes them go through the lengthy process of a Freedom of Information/Privacy Act request, a continuance is often a client’s only lifeline to justice.” AILA recommends removing EOIR from the Department of Justice.

MEMORANDUM

BACKGROUNDER

Related press release from the Department of Justice (DOJ)

DOJ STATEMENT

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14. OFLC Releases Tips on H-2A Labor Certification Process for Employers

The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) released a presentation including tips on the H-2A labor certification process for employers. Among other things, the presentation notes that the DOL issues a final determination 30 days before the start date of work if all program requirements are met. Reasons for delaying an H-2A final determination include the employer or authorized representative not providing:

• Proof of valid workers’ compensation coverage
• Housing documentation for farmworkers
• Valid farm labor contractor licenses
• Valid surety bond for labor contractors
• Recruitment report

The presentation notes that an employer’s post-recruitment obligations include, among other things:

• Employers must continue to cooperate with the State Workforce Agency in recruiting for the job opportunity and provide employment to any qualified U.S. worker who applies for the job opportunity
• Employer must continue to update the initial recruitment report submitted to the CO for certification throughout the entire recruitment period
• Employer must sign and date the final written recruitment report and be prepared to submit it when requested by the Certifying Officer in the event of an audit examination or other request from the Department

OFLC Presentation

“Quick Start Guide for H-2A Mandatory Documents Upload”

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15. U.S. Mission in Canada Implements New Appointment Scheduling System for E Visas

On December 5, 2017, the U.S. Mission in Canada (E Visa Unit, American Consulate General, Toronto) sent an alert announcing a new appointment scheduling system for E visa applications. The Mission said this is “strictly a processing change that will allow us to receive and review E-visa applications before the applicant schedules an in-person interview (as opposed to the old system, which permitted applicants to schedule an appointment before submitting an application or supporting documentation).”

Under the new system, the U.S. Mission explained, E visa applications will be sorted into two processing streams based on the time needed to review the required documentation:

• New Cases and Renewals—First-time applicants and those wishing to renew the registration status of their E visa company will be offered a “deferred interview” appointment. While applicants will still need to first create an appointment profile and pay the required visa application fee online, the interview will be deferred until applicants have electronically submitted their application and supporting documents to the U.S. Consulate in Toronto via [email protected]. Once their application has been reviewed, which requires at least 10 business days, the U.S. Mission will send applicants instructions on how to make an appointment for an in-person interview. Applicants will be unable to schedule an appointment until then. Only applications in the queue for “New Cases and Renewals” will be considered for company registration or re-registration.
• Employees of Registered Companies and Dependents—Employees of currently registered E visa companies, and qualifying family members of current E visa holders, may schedule the next available appointment in Calgary, Montreal, Ottawa, Vancouver, or Toronto.

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16. ABIL Global: France

The French government, in its continual effort to facilitate international professional mobility, is rolling out several digital tools to simplify entry and work procedures in France for foreign employees. The latest important innovation is the online portal “France Visas,” which allows applying for visas online. This portal is in addition to a number of other applications already in place for electronic registration and declarations relating to the international mobility of foreign employees.

A New Online Service: “France Visa”

The online portal “France Visas,” the official website of visas for France, has been available since September 2017 but is gradually being developed to allow people to file online applications for tourism or professional visas. The portal (English) is a “beta” version, which is not yet available for all countries and is expected to continue to evolve.

“France Visas” allows the automated processing of personal data when applying for entry visas to France for short or long stays. The French government is seeking to facilitate processing of visa applications, tracking of decisions and appeals, and prevention of fraud and misuse. The Internet platform will provide the information required for submitting a visa application and will allow a user to track an application.

The application process will include automatic consultation of several databases: the Schengen Information System (SIS II), the Visa Information System (VIS), the wanted persons list (RPF), and the Interpol travel document list.

All data may be collected by French consulates, agents at external border crossing points, prefectures, and outsourced service providers who guarantee data protection in accordance with French law.

The data retention period is set at five years, from either the expiration date of the visa or the date of creation of the file in case of refusal or interruption of the application. Rights of access and rectification of data are governed by the provisions of the French “Data Protection Act.”

Online Declaration of Foreign Employees Posted to France—”SIPSI”

Any employer established outside France who sends employees to French territory must send a prior declaration of posting of the employees to the labor inspectorate of the place of performance of the service before the start of the service in France. The posting declaration, provided for in articles R. 1263-3 and R. 1263-4, is sent via the “SIPSI” online service to the Foreign Labor Service (SMOE) of the place where the service is performed. When the service is performed in several locations, the posting declaration is sent to the SMOE where the service is first performed. The SIPSI online declaration, first implemented in July 2016, is now fully operational and allows foreign employers posting salaried staff in France to carry out this formality in a simplified manner.

A fee of €40 per application will be charged, starting January 2018, to defer the ongoing costs of SIPSI, per decree of May 3, 2017.

The absence of a posting declaration can lead to the suspension of the service, and a fine of €2000 per detached employee not declared.

Opening Rights to Social Security for Certain Workers—Online Service

Since November 2017, it is now possible to register foreign employees under the French social security system through the AMELI.fr online service. However, at this stage only employees who have entered France under “Passport Talent” status, foreign employees employed in Ile-de-France, models, and foreign language assistants can benefit from this service.

Requests for registration are processed directly by the International Relations Department of Social Security. An employer can open an account on the dedicated website and proceed with the registration of foreign employees eligible for the online service. A temporary social security number is sent within two days and the certificate of rights in about 15 days.

In addition to the redesign of residence permits for professional reasons stemming from a March 2016 law, the implementation of online procedures simplifies the administrative requirements and improves the attractiveness of France in exchange for a reinforced control of foreign employers and employees working in France.

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17. New Publications and Items of Interest

A new SAVE newsletter, SAVE Verifier, is intended for benefit-granting agencies, stakeholders, and benefit applicants for the Systematic Alien Verification for Entitlements program. It is available at no charge by subscribing HERE.

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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18. ABIL Member/Firm News

Vic Goel was quoted in several Bloomberg BNA articles recently:

• “Outlook 2018: More Scrutiny, Enforcement for Employment Visas,” analyzes what to expect in U.S. immigration in 2018. The Labor Department has been “largely silent” on enforcement since an announcement in early 2017, Vic Goel of Goel & Anderson in Reston, Va., told Bloomberg Law. “It remains to be seen what happens with DOL,” but increased enforcement of the visa programs’ wage requirements is likely, he said.
• “Outlook 2018: ‘Dreamer’ Bill Possible Amid Immigration Stalemate,” assesses the likelihood of legislation to provide legal status or other protection to immigrants affected by DACA’s sunset. “I think Congress will try to do something,” Vic Goel of Goel & Anderson in Reston, Va., told Bloomberg Law. There are “realists” in both parties who recognize the political implications of inaction, he said.

Jeff Joseph, of the Joseph Law Firm, was quoted by the New York Times in “Without New Laws or Walls, Trump Presses the Brake on Legal Immigration.” Mr. Joseph said that the government frequently denies H-2B visas for companies that seek them season after season. He noted that the government’s argument is that such companies are trying to import temporary workers to fill otherwise permanent jobs that should go to U.S. workers. But he said his clients face a shortage of local labor year after year to fill jobs in construction, lodging, landscaping, and amusement parks.

Michele Madera, of Klasko Immigration Law Partners, LLP, has published several client alerts. “” “The Latest Proposed Changes to U.S. Immigration”

William Stock, of Klasko Immigration Law Partners, LLP, has published a client alert, “Supreme Court Allows September 24 Entry Restrictions To Go Into Effect”

Andrew J. Zeltner, of Klasko Immigration Law Partners, LLP, has published a client alert, “”

Robert Loughran and Angelo Paparelli presented an ILW tele-seminar, “Immigration Alternatives to EB-5—Because It’s Too Damn Hard!”. Among other issues, they discussed the means of obtaining third-country citizenship as a route to certain U.S. investment-based nonimmigrant visas.

Cyrus Mehta has authored several new blog entries. “” “” “”

Wolfsdorf Rosenthal LLP has published several new blog entries. “” “” “EB-5 Update: What To Expect in the Year of the Dog?” “Why Are the January Visa Numbers for the Regional Center Program Unavailable for January 2018? And What’s In Store for the Year of the Dog?” “The U.S. Supreme Court Allows President Trump’s Most Recent Travel Ban To Take Effect” “How We Overturned a Denial and Acquired an Immigrant Visa for a 24-Year-Old Derivative Child”

Greg Siskind, of Siskind Susser PC, was recently quoted in “The Trump Administration Is Waging Guerrilla War on Legal Immigration, Attorneys Say,” published by The Daily Beast. In response to a query about the stress faced by immigration clients and their attorneys, Mr. Siskind said that several months ago, one of his partners started having a meditation coach come to the office every week. The coach focuses on helping the law firm’s staffers manage stress. “They really care about these cases,” Siskind said.

Stephen Yale-Loehr was interviewed by WRFI about his new immigration apps clinic at Cornell Law School.

Mr. Yale-Loehr recently authored an op-ed published by the New York Daily News, “Trump’s Dishonest Diversity Visa Lottery Attack: Debate the Merits of the Program All You Like But Don’t Lie About It”

Mr. Yale-Loehr was quoted in the following publications:

• Times of India, in “H-1B Visa Regime Is Likely to Get Tougher as Department of Homeland Security Mulls Stricter Restrictions on Selection.” Mr. Yale-Loehr said that USCIS did a lot in the past few months to make it harder to qualify for H-1B visas. “The percentage of H-1B cases receiving a request for evidence has doubled to 41%. The USCIS is questioning whether some computer positions require a bachelor’s degree,” he said. Mr. Yale-Loehr also noted that the USCIS is taking longer to approve H-1B petitions and that U.S. consulates are screening H-1B visa applications more carefully than before. “All in all, it is harder than ever to get an H-1B these days,” he said.
• PolitiFact, in “Pick Them From a Bin? Donald Trump Mischaracterizes Diversity Visa Lottery.” In an op-ed Mr. Yale-Loehr wrote for the New York Daily News that was quoted by PolitiFact, he said, “The diversity visa program is a true lottery. There is no way a foreign government can game the lottery to offload the worst of their citizenry.”
• FactCheck.org, in “Trump’s Baseless Immigration Claim.” President Trump recently suggested that the diversity visa (DV) lottery involves other countries “tak[ing] their worst and [putting] them in the bin.” Mr. Yale-Loehr noted, “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. … The bottom line: President Trump’s statements about how the diversity visa program works are false.” Mr. Yale-Loehr also noted the “complicated and lengthy process” a DV applicant must go through to be admitted. “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.”
• National Law Journal, in “With SCOTUS Cloud Overhead, Appeals Courts Take Up Travel Ban 3.0.” Mr. Yale-Loehr said, “Given [Monday’s] ruling, both the Fourth and the Ninth Circuit are going to try to be extra careful in justifying however they come out. I think [the] Supreme Court orders signal that the administration may well win at the Supreme Court and that may influence, to a certain extent, how the Fourth and the Ninth Circuit rule.” He noted that the argument that the government has a justified reason for the ban is stronger than before. “For that reason, although an objective person may question how thorough the review is or whether it really matches up with what’s going on, given the very low standard of review, the Supreme Court may well say, it isn’t perfect but it’s good enough.”
• Forbes, in “A Guide for Future Immigrant Entrepreneurs“

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19. 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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Headlines:

1. Ban on Refugees Expires; Trump Administration Calls for Additional Vetting for 11 Nationalities During 90-Day Review Period -The Trump administration’s 120-day ban on refugee admissions expired on October 24, 2017. On the same day, the Department of State announced that additional in-depth review is needed for refugees of 11 nationalities identified as potentially posing a higher risk to the United States.

2. USCIS Increases Scrutiny of Certain Nonimmigrant Extension Requests -The agency noted that previous policy instructed officers to give deference to the findings of a previously approved petition, as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination. The updated policy guidance rescinds the previous policy.

3. State Dept. Restarts DV Lottery Due to Technical Glitch, Excludes Oct. 3-10 Entries -The Department of State had a recent technical problem on the Diversity Visa lottery site and has reopened a new full entry period, which will end November 22, 2017, at 12 noon ET. The Department also is excluding October 3-10 entries and said that those who applied during that period can apply again.

4. USCIS Changes Direct Filing Addresses for Certain Nonimmigrant Worker Petitions -USCIS recently changed the direct filing addresses for certain petitioners using Form I-129, Petition for a Nonimmigrant Worker.

5. Sen. Grassley Urges Reconsideration of Trade NAFTA Nonimmigrant Classification -Sen. Grassley’s letter, to Ambassador Robert E. Lighthizer, the U.S. Trade Representative, noted that “[g]iven President Trump’s willingness to reevaluate—or reject—any and all of the NAFTA agreement, in the interest of protecting American workers, I recommend that you specifically include temporary workers in the ongoing NAFTA review.”

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. Ban on Refugees Expires; Trump Administration Calls for Additional Vetting for 11 Nationalities During 90-Day Review Period

The Trump administration’s 120-day ban on refugee admissions expired on October 24, 2017. On the same day, the Department of State announced that “additional in-depth review is needed with respect to refugees of 11 nationalities previously identified as potentially posing a higher risk to the United States. Admissions for applicants of those 11 potentially higher-risk nationalities will resume on a case-by-case basis during a new 90-day review period.”

Rex Tillerson, Secretary of State; Elaine Duke, Acting Secretary of Homeland Security; and Daniel Coats, Director of the Office of the Director of National Intelligence, sent a related memorandum on October 23, 2017, to President Trump. The State Department announcement and memo do not list the 11 countries, but according to reports, the countries appear to be Egypt, Iran, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen; and Palestinians living in those countries. The memo notes that the 11 countries were those designated on the Security Advisory Opinion (SAO) list, which was established following the 9/11 terrorist attacks on the United States and has evolved over the years through interagency consultations.

The memo states that during the 90-day review period, while a “detailed threat analysis” is being conducted of those 11 countries, the Secretaries of State and Homeland Security “will temporarily prioritize refugee applications from other non-SAO countries,” and that resources that may have been dedicated to processing nationals or stateless persons of SAO countries will be reallocated during that period “to process applicants from non-SAO countries for whom the processing may not be as resource intensive.”

The Department also announced on October 24 that “[f]or family members who are ‘following-to-join’ refugees that have already been resettled in the United States, additional security measures must also be implemented for all nationalities. Admissions of following-to-join refugees will resume once those enhancements have been implemented.” The October 23 memo states that Mr. Tillerson, Ms. Duke, and Mr. Coats “have jointly determined that additional security measures must be implemented before admission of following-to-join refugees can resume.” Those measures are to include “adequate screening mechanisms” that are “similar to the processes employed for principal refugees.”

An Executive Order issued by President Trump on October 24, 2017, states, among other things, that within 180 days, the Attorney General will “provide a report to the President on the effect of refugee resettlement in the United States on the national security, public safety, and general welfare of the United States. The report shall include any recommendations the Attorney General deems necessary to advance those interests.”

The Executive Order also states that within 90 days of October 24, 2017, and annually thereafter, the Secretary of Homeland Security will determine “whether any actions taken to address the risks to the security and welfare of the United States presented by permitting any category of refugees to enter this country should be modified or terminated, and, if so, what those modifications or terminations should be.”

Meanwhile, President Trump announced that the maximum number of refugee admissions to the United States in fiscal year 2018 will be lowered to 45,000, which is the lowest number since the Refugee Act was passed in 1980.

The U.S. Supreme Court said on October 24, 2017, that it would not consider the merits or legality of the Trump administration’s travel ban, issued in March, due to its expiration. Other challenges to new Presidential orders are working their way through lower courts.

DEPARTMENT OF STATE’S OCTOBER 24 ANNOUNCEMENT

OCTOBER 23 MEMO

PRESIDENT TRUMP’S RELATED EXECUTIVE ORDER

WHITE HOUSE ANNOUNCEMENT OF THE 45,000 REFUGEE CAP FOR FY 2018

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2. USCIS Increases Scrutiny of Certain Nonimmigrant Extension Requests

Under updated policy guidance, U.S. Citizenship and Immigration Services (USCIS) is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The guidance applies to nearly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker.

The agency noted that previous policy instructed officers to give deference to the findings of a previously approved petition, as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination. The updated policy guidance rescinds the previous policy, USCIS said.

USCIS explained that as before, adjudicators must thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought. The updated guidance instructs officers to apply the same level of scrutiny when reviewing nonimmigrant visa extension requests, even where the petitioner, beneficiary, and underlying facts are unchanged from a previously approved petition. “While adjudicators may ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitioner,” USCIS said, adding that the adjudicator’s determination “is based on the merits of each case, and officers may request additional evidence if the petitioner has not submitted sufficient evidence to establish eligibility.”

The Alliance of Business Immigration Lawyers (ABIL) advises employers and employees to treat nonimmigrant extension applications as no longer routine, and to include the same documentation as required in an initial petition. ABIL also advises allowing more time to file such applications; 180 days before the current petition expires is recommended. Nonimmigrants may want to consider accelerating permanent residence processing. Litigation of extension petitions may be possible in some cases. Contact your ABIL attorney for advice and help in specific situations.

USCIS ANNOUNCEMENT

UPDATED POLICY GUIDANCE

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3. State Dept. Restarts DV Lottery Due to Technical Glitch, Excludes Oct. 3-10 Entries

The U.S. Department of State had a recent technical problem on its Diversity Visa (DV) green card lottery site and has reopened a new full entry period, which started October 18, 2017, at 12 noon ET and will end November 22, 2017, at 12 noon ET. The Department also is excluding October 3-10 entries and said that those who applied during that period can apply again:

Due to a technical issue, the DV-2019 entry period that began on October 3 has been closed. Entries submitted during October 3-10 are not valid and have been excluded from the system; they will not count as a duplicate entry. The technical issue has been resolved and a new full entry period will begin at noon, U.S. Eastern Daylight Time on Wednesday October 18, 2017 and will run until noon Eastern Standard Time on Wednesday November 22, 2017. Only entries submitted during this period will be accepted and considered for selection in the lottery. Please throw away any confirmation number or other documentation that you have if you submitted an entry during Oct. 3-10 Entries will NOT be accepted through the U.S. Postal Service.

STATEMENT AND A LINK TO THE DV-2019 INSTRUCTIONS, REGISTRATION, AND STATUS CHECK

GENERAL INFORMAITON ABOUT THE DIVERSITY LOTTERY GREEN CARD PROGRAM

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4. USCIS Changes Direct Filing Addresses for Certain Nonimmigrant Worker Petitions

U.S. Citizenship and Immigration Services (USCIS) recently changed the direct filing addresses for certain petitioners using Form I-129, Petition for a Nonimmigrant Worker. The changes include:

• Petitioners should now file Form I-129 according to the state where the company or organization’s primary office is located. Previously, petitioners filed their I-129s based on the beneficiary’s temporary employment or training location.
• Petitioners located in Florida, Georgia, North Carolina, and Texas should now file Form I-129 at the California Service Center.

Starting November 11, 2017, USCIS may reject Form I-129s that are filed at the wrong service center.

INSTRUCTIONS ON WHERE TO FILE

RELATED ANNOUNCEMENT

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5. Sen. Grassley Urges Reconsideration of Trade NAFTA Nonimmigrant Classification

Sen. Charles Grassley (R-Iowa), chairman of the Senate Committee on the Judiciary, sent a letter on October 23, 2017, to Ambassador Robert E. Lighthizer, the U.S. Trade Representative, to express “ongoing concerns regarding the uncapped TN [Trade NAFTA] nonimmigrant classification,” which is a component of the North American Free Trade Agreement (NAFTA). Sen. Grassley asked Mr. Lighthizer to “consider renegotiating the guest worker provisions of NAFTA as part of any broader examination of the treaty.”

Sen. Grassley’s letter notes, among other things, that given the Trump administration’s “focus on protections for the American worker, including efforts to rein in the H-1B program, businesses will be looking for alternative sources of cheap foreign labor to exploit.” He suggests that employers are likely to turn to the TN visa category. The letter notes that the TN visa, “if left unchanged in its current form, could well undermine the administration’s broader efforts.” He notes that the number of TN visa workers employed in the United States has been growing in recent years and that available statistics suggest that “the number could be approaching 100,000.”

Sen. Grassley’s letter noted, “Given President Trump’s willingness to reevaluate—or reject—any and all of the NAFTA agreement, in the interest of protecting American workers, I recommend that you specifically include temporary workers in the ongoing NAFTA review.”

STATEMENT FROM SEN. GRASSLEY AND FULL TEXT OF THE LETTER

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6. New Publications and Items of Interest

USCIS has posted additional data related to employment-based visa programs, including L-1, H-1B, H-2B, and EADs, in support of President Trump’s “Buy American and Hire American” Executive Order. MORE INFORMATION

The National Immigration Project has published a legal memorandum, “Understanding the Federal Offenses of Harboring, Transporting, Smuggling, and Encouraging Under 8 USC § 1324(a).” The memo, which could be useful in defending worksite enforcement actions by U.S. Immigration and Customs Enforcement, notes growing concern that federal law enforcement could expansively interpret the criminal statutes penalizing “harboring, transporting, smuggling, and encouraging codified at 8 USC § 1324(a) and use the federal investigation and prosecution process to chill and retaliate against immigrant organizing, know-your-rights initiatives, and political dissent.” The memo analyzes related legal authority, with particular attention to the harboring provision. The memo’s goal is “to provide lawyers, legal workers, organizers, and community-based organizations with general legal knowledge about these federal criminal offenses, their consequences, and the federal investigation and prosecution process.”

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.
• DACA Revocation Advisor, to help people determine how their Deferred Action for Childhood Arrivals (DACA) eligibility is affected by the recent Trump administration action to terminate the program in 6 months.

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.

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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7. ABIL Member/Firm News

Robert Loughran and Matthew Myers provided “Immigration Update Presentation Under the Current U.S. Administration” at the monthly San Antonio Bar Association’s International Law Section luncheon. MORE INFORMATION ON FOSTER ACTIVITIES

Mr. Loughran presented on October 25, 2017, at the Global Citizenship Seminar in Dubai, United Arab Emirates, on the current U.S. administration’s impact on immigration strategies available to Middle Eastern investors interested in relocating to the United States.

Mr. Loughran was interviewed on October 24, 2017, on the abuses of “notarios” in submitting U.S. immigration applications and petitions and how notarios take advantage of immigrant communities in Super Lawyers Magazine, “Lost in Translation.”

Cyrus Mehta has authored several new blog entries. “The Empire Strikes Back—USCIS Rescinds Deference to Prior Approvals in Extension Requests” “Stopping H-1B Carnage” “Musings On Our Asylum System—After AG Sessions’ Remarks on ‘Dirty Immigration Lawyers’”

Angelo Paparelli was quoted in “Big Takeaways From the New L-1 Visa Petition Data,” published by Law360. Highlighting the issue of approved petitions and their potential link to job creation, he noted, “It might be important to know if a user of the L-1 program, whether large or small, was able to create jobs for American workers. Then we would know what’s really happening. But as usual, this is the fodder for development of the meme around displacement of U.S. workers.”

Mr. Paparelli was featured in a Q&A published by Reuters on October 30, 2017, on California’s new immigration law to restrict employer cooperation with federal authorities when they visit workplaces.

Mr. Paparelli‘s latest blog post, “AB 450: California’s Law of Unintended Immigration Consequences”

Wolfsdorf Rosenthal LLP has published two new blog entries. “” “”

Stephen Yale-Loehr will speak on a panel following a keynote address on “How Nation-States Enforce Boundaries” on November 9, 2017, at the Annual Rhodes Symposium Conference, “Criminalizing Immigrants: Border Controls, Enforcement, and Resistance,” sponsored by the Center for the Study of Inequality and the Cornell Population Center. The conference will be held at Cornell University on November 9-10. For more information or to RSVP, email [email protected].

Mr. Yale-Loehr was quoted in a Reason magazine article about President Trump’s assault on legal high-skilled immigration.

Mr. Yale-Loehr was quoted by Politico.com in “Federal Appeals Court Clears Way for Undocumented Teen To Get Abortion.” He noted, “This person was caught at the border and never formally made an entry. People who just made it into the country and don’t have any ties here, do they have any constitutional rights? Do they have the full panoply? This is really the gray area. Nobody has a clear answer.”

Mr. Yale-Loehr was quoted in two publications regarding a (optional practical training for students in science, technology, engineering, and mathematics):

• Forbes
• University World News

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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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Headlines:

1. Trump Administration Implements New Travel Restrictions -The Trump administration has announced travel and visa restrictions with respect to the countries of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen, subject to “categorical exceptions and case-by-case waivers.”

2. Following Mysterious Attacks, United States Suspends Visas for Cubans, Withdraws Most Staff From Havana Embassy, Issues Cuba Travel Warning -Following still-unexplained attacks on U.S. personnel of the embassy in Havana, Cuba, that left some with severe health problems, the United States has suspended visa issuance in Cuba for all Cubans and ordered the departure of more than half of its staff from the embassy, along with their family members. The Department of State has also issued a travel warning advising U.S. citizens not to travel to Cuba.

3. Employers Must Use Form I-9 With New Revision Date, USCIS Says -Employers must use Form I-9, Employment Eligibility Verification, with the new revision date of 07/17/17 N.

4. Lawsuit Challenges Postponement of International Entrepreneur Rule -A lawsuit has been filed challenging the postponement of the International Entrepreneur Rule (IER). The rule would have permitted foreign entrepreneurs to travel to or stay in the United States to grow new businesses. Less than a week before the IER was scheduled to take effect, the Department of Homeland Security announced that its implementation would be significantly delayed and suggested that it ultimately intends to rescind the IER.

5. USCIS No Longer Accepting Petitions for One-Time Increase to H-2B Temporary Nonagricultural Visa Program Cap -USCIS is no longer accepting petitions from U.S. employers seeking to hire temporary nonagricultural workers under the one-time increase to the FY 2017 H-2B cap announced in July 2017.

6. USCIS Extends TPS for South Sudan -DHS has extended the designation of South Sudan for temporary protected status for 18 months, from November 3, 2017, through May 2, 2019.

7. USCIS Announces Termination of TPS for Sudan in November 2018 -DHS has determined that conditions in Sudan no longer support its designation for temporary protected status. Benefits for beneficiaries of Sudan TPS will be extended for 12 months to allow for an orderly transition before the designation terminates on November 2, 2018.

8. ABIL Global: Peru -This article provides brief comments on the investor visa in Peru.

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. Trump Administration Implements New Travel Restrictions

On September 24, 2017, President Donald Trump issued a presidential proclamation on “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.” The proclamation announces the following measures with respect to the countries of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen, subject to “categorial exceptions and case-by-case waivers”:

• Chad: The proclamation suspends indefinitely the entry into the United States of nationals of Chad as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.
• Iran: The proclamation suspends indefinitely the entry into the United States of nationals of Iran as immigrants and nonimmigrants, except that entry by such nationals under valid student (F and M) and exchange visitor (J) visas is not suspended, although such individuals “should be subject to enhanced screening and vetting requirements.”
• Libya: The proclamation suspends indefinitely the entry into the United States of nationals of Libya as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.
• North Korea: The proclamation suspends indefinitely the entry into the United States of nationals of North Korea as immigrants and nonimmigrants. [In a separate notice, the Department of State announced that U.S. passports are invalid for travel into, in, or through North Korea/Democratic People’s Republic of Korea.]
• Somalia: The proclamation suspends indefinitely the entry into the United States of nationals of Somalia as immigrants. Additionally, visa adjudications for nationals of Somalia and decisions regarding their entry as nonimmigrants “should be subject to additional scrutiny to determine if applicants are connected to terrorist organizations or otherwise pose a threat to the national security or public safety of the United States.”
• Syria: The proclamation suspends indefinitely the entry into the United States of nationals of Syria as immigrants and nonimmigrants.
• Venezuela: The proclamation suspends indefinitely the entry into the United States of officials of government agencies of Venezuela involved in screening and vetting procedures—including the Ministry of the Popular Power for Interior, Justice and Peace; the Administrative Service of Identification, Migration and Immigration; the Scientific, Penal and Criminal Investigation Service Corps; the Bolivarian National Intelligence Service; and the Ministry of the Popular Power for Foreign Relations—and their immediate family members as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas. Nationals of Venezuela who are visa holders “should be subject to appropriate additional measures to ensure traveler information remains current.”
• Yemen: The proclamation suspends indefinitely the entry into the United States of nationals of Yemen as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.

The proclamation also notes that entry restrictions and limitations on Iraq are “not warranted.” However, nationals of Iraq who seek to enter the United States will be subject to “additional scrutiny to determine if they pose risks to the national security or public safety of the United States.”

Exceptions. Among other things, the proclamation lists exceptions to these suspensions of entry for:

• Any lawful permanent resident of the United States;
• Any foreign national who is admitted to or paroled into the United States on or after the applicable effective date (see the proclamation for details);
• Any foreign national who has a document other than a visa—such as a transportation letter, an appropriate boarding foil, or an advance parole document—valid on the applicable effective date or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission;
• Any dual national of a designated country when the individual is traveling on a passport issued by a non-designated country;
• Any foreign national traveling on a diplomatic or diplomatic-type visa; North Atlantic Treaty Organization visa; C-2 visa for travel to the United Nations; or G-1, G-2, G-3, or G-4 visa; and
• Any foreign national who has been granted asylum by the United States; any refugee who has already been admitted to the United States; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

PROCLAMATION, which includes additional details and effective dates

RELATED ALERT FROM THE DEPARTMENT OF STATE, which includes a table summarizing the travel restrictions

SEPARATE ANNOUNCEMENT about the invalidity of U.S. passports for travel to North Korea

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2. Following Mysterious Attacks, United States Suspends Visas for Cubans, Withdraws Most Staff From Havana Embassy, Issues Cuba Travel Warning

Following still-unexplained attacks on U.S. personnel of the embassy in Havana, Cuba, that left some with severe health problems, the United States has suspended visa issuance in Cuba for all Cubans and ordered the departure of more than half of its staff from the embassy, along with their family members. The Department of State has also issued a travel warning advising U.S. citizens not to travel to Cuba.

The Department explained that at least 21 U.S. embassy employees have been targeted in attacks of unknown origin, resulting in significant injuries, including ear complaints, hearing loss, dizziness, tinnitus, balance problems, visual complaints, headache, fatigue, cognitive issues, and difficulty sleeping.

The Department said it is “looking at the possibility of [Cubans] being able to apply for visas at embassies or consulates outside of Cuba in other countries. But we haven’t actually made definitive arrangements yet. We’re continuing to look at that. But all of the kind of regular visas or ordinary visas would not be issued through Havana.”

The travel warning notes that the attacks have occurred in U.S. diplomatic residences and hotels frequented by U.S. citizens. The travel warning also notes that due to the drawdown in staff, the U.S. embassy in Havana has limited ability to assist U.S. citizens. The embassy will provide only emergency services to U.S. citizens. The warning states that U.S. citizens in Cuba in need of emergency assistance should contact the embassy by telephone at +(53)(7) 839-4100 or the Department of State at 1-202-501-4444. U.S. citizens should not attempt to go to the U.S. embassy because it suffered severe flood damage during Hurricane Irma, the warning states.

TRANSCRIPT OF RELATED PRESS BRIEFING VIA TELECONFERENCE ON SEPTEMBER 29, 2017

CUBA TRAVEL WARNING

U.S. EMBASSY IN HAVANA’S WEBSITE

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3. Employers Must Use Form I-9 With New Revision Date, USCIS Says

U.S. Citizenship and Immigration Services (USCIS) announced that beginning September 18, 2017, employers must use Form I-9, Employment Eligibility Verification, with the new revision date of 07/17/17 N, to verify the identity and work eligibility of every new employee hired after November 6, 1986, or for the reverification of expiring employment authorization of current employees (if applicable). This date is found on the lower left corner of the form. Prior versions of the form are no longer valid for use. Employers who fail to use the new form may be subject to penalties.

USCIS reminded employers to continue to follow existing storage and retention rules for each previously completed Form I-9. STORAGE AND RETENTION RULES

USCIS ANNOUNCEMENT ABOU THE NEW REVISION DATE

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4. Lawsuit Challenges Postponement of International Entrepreneur Rule

Association, et al., v. Duke, challenging the postponement of the International Entrepreneur Rule (IER). The rule, which was supposed to take effect July 17, 2017, would have permitted foreign entrepreneurs to travel to or stay in the United States to grow new businesses. Less than a week before the IER was scheduled to take effect, the Department of Homeland Security (DHS) announced that its implementation would be significantly delayed and suggested that it ultimately intends to rescind the IER.

In announcing the lawsuit, AIC said, “Immigrant entrepreneurs, who bring their talents, ideas, and initiative with them to the United States often face significant barriers to obtaining permission to travel and work in the United States. The IER was promulgated to address these problems and was informed by extensive input from affected entrepreneurs, the business community, and the American people.”

Plaintiffs are prospective entrepreneur applicants under the IER or companies founded by potential applicants.

AIC, in cooperation with the Washington, DC, office of Mayer Brown LLP, filed the lawsuit against the Department of Homeland Security. Plaintiffs include the National Venture Capital Association (NVCA), which is the largest organization of venture capitalists in the United States; foreign entrepreneurs; and startup companies. The complaint alleges that the government failed to comply with the Administrative Procedure Act’s notice-and-comment requirement. Plaintiffs seek to compel the defendants to implement the IER and to begin accepting and adjudicating parole applications from international entrepreneurs. NVCA noted that its 2013 study “determined that a full one-third of U.S. venture-backed companies that went public between 2006 and 2012 had at least one immigrant founder.” NVCA also cited a 2016 finding by a National Foundation for American Policy study that “immigrants have started more than half (44 of 87) of America’s startup companies valued at $1 billion or more.”

AIC’S ANNOUNCEMENT OF THE LAWSUIT

NVCA’S STATEMENT ABOUT THE LAWSUIT

THE COMPLAINT

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5. USCIS No Longer Accepting Petitions for One-Time Increase to H-2B Temporary Nonagricultural Visa Program Cap

U.S. Citizenship and Immigration Services (USCIS) announced on September 19, 2017, that it is no longer accepting petitions from U.S. employers seeking to hire temporary nonagricultural workers under the one-time increase to the fiscal year (FY) 2017 H-2B cap announced in July 2017.

In May, Congress temporarily delegated its authority to the Secretary of Homeland Security to increase the number of temporary nonagricultural work visas available to U.S. employers through FY 2017. Then-Secretary of Homeland Security John Kelly determined that there were not enough qualified and willing U.S. workers available to perform temporary nonagricultural labor to satisfy the needs of some U.S. businesses in FY 2017. Consequently, additional H-2B visas were made available to U.S. businesses that could establish they would likely suffer irreparable harm if they could not hire all the H-2B workers requested in their FY 2017 petitions. Some employers were also required to conduct a fresh round of recruitment efforts for U.S. workers before being allowed to petition for additional foreign workers. An additional 15,000 visas were made available under a final rule published in July.

Following the filing deadline guidance included in July’s final rule, USCIS has stopped accepting petitions and is rejecting any FY 2017 H-2B cap-subject petitions received after September 15, 2017. With the close of the petition period on September 15, USCIS announced that it has received a total request for 13,534 workers.

Petitions that have been submitted but are not approved by USCIS before October 1, 2017, will be denied, and any associated fees will not be refunded, USCIS said.

USCIS will continue to accept FY 2017 H-2B petitions for workers who are exempt from the congressionally mandated cap.

USCIS ANNOUNCEMENT

ADDITIONAL INFORMATION ABOUT HOW THE SUPPLEMENTAL FY 2017 H-2B VISAS ARE BEING USED, including information about the petitioning employers

JULY FINAL RULE

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6. USCIS Extends TPS for South Sudan

The Department of Homeland Security (DHS) has extended the designation of South Sudan for temporary protected status (TPS) for 18 months, from November 3, 2017, through May 2, 2019. A notice sets forth procedures necessary for nationals of South Sudan (or those having no nationality who last habitually resided in South Sudan) to re-register for TPS and to apply for employment authorization documents (EADs) with U.S. Citizenship and Immigration Services (USCIS). USCIS will issue new EADs with a May 2, 2019, expiration date to eligible South Sudan TPS beneficiaries who timely re-register and apply for EADs under this extension. If a South Sudan TPS beneficiary timely re-registers and properly files an application for an EAD during the 60-day re-registration period, his or her EAD will be automatically extended for an additional period of up to 180 days from the date the current EAD expires; i.e., through May 1, 2018.

USCIS ANNOUNCEMENT

RELATED FEDERAL REGISTER NOTICE

USCIS said that more information will be posted soon HERE.

FURTHER DETAILS ABOUT THE EXTENSION OF TPS FOR SOUTH SUDAN, including the application requirements and procedures

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7. USCIS Announces Termination of TPS for Sudan in November 2018

The Department of Homeland Security (DHS) has determined that conditions in Sudan no longer support its designation for temporary protected status (TPS). Benefits for beneficiaries of Sudan TPS will be extended for 12 months to allow for an orderly transition before the designation terminates on November 2, 2018.

Current beneficiaries of Sudan’s TPS designation seeking to extend their TPS status must re-register within the re-registration period, which is expected to be published shortly in the Federal Register and HERE. Those who re-register and request a new employment authorization document (EAD) may receive an automatic extension of their expiring EAD for up to 180 days from the date their current EAD expires. If a beneficiary’s EAD request is approved, he or she will receive a new EAD with an expiration date of November 2, 2018. USCIS strongly encourages TPS beneficiaries to re-register and file their EAD applications as early as possible to avoid lapses in documentation of employment authorization.

Although TPS benefits for Sudan will no longer be in effect starting November 2, 2018, TPS beneficiaries will continue to hold any other immigration status that they have maintained or acquired while registered for TPS. DHS is urging individuals who do not have another immigration status “to use the time before the termination becomes effective in November to prepare for and arrange their departure from the United States or to apply for other immigration benefits for which they may be eligible.”

USCIS ANNOUNCEMENT

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8. ABIL Global: Peru

This article provides brief comments on the investor visa in Peru.

On January 7, 2017, the New Law of MIGRACIONES, Legislative Decree No. 1350, was published in the Official Gazette, “El Peruano.” The new law and regulations, approved by Supreme Decree No. 007-2017-IN, have been in force since March 1, 2017.

This new immigration legislation has instituted a series of changes and the creation of new migratory statuses. One of these changes concerns investors. The new law allows a foreigner to establish, develop, or manage one or more lawful investments in Peru.

The amount of the investment and other conditions are established by regulation. Eligibility requirements include:

1. An investment equal to or higher than 500,000.00 Peruvian Sol (PEN), equivalent to approximately US$155,275. The investment amount can be modified by Superintendence Resolution.
2. Serving only as manager or director of a foreign person’s own company, for which he or she must comply with the corresponding labor or tax rules. This position of the foreigner is not included in quotas for the local company’s payroll, established in Legislative Decree No. 689 (Law of Hiring of Foreign Personnel) and its regulations. Under no circumstances may the foreign person support the investment through the transfer of shares.

MIGRACIONES is the authority that grants this migratory status. The Investor visa allows multiple entries. The foreign individual receives a resident permit (foreign card/carné de extranjería) for 365 days, renewable while the same conditions exist.

Procedurally, there are two alternative ways to obtain Investor status. First, an “obtainment visa process” implies that all the necessary documentation is submitted at MIGRACIONES offices in Peru; however, the applicant remains abroad initially. Once his or her visa is approved, he or she collects it from the Peruvian consulate previously chosen. Then he or she comes to Peru to finish the process. This procedure takes 30 working days from the time of initial filing. Alternatively, a “change of immigration status (in-country) process” implies that the foreign national enters Peru in tourist or business migratory status, then applies at MIGRACIONES for the Investor visa and submits the required documentation. This procedure takes 60 working days from the time of initial filing.

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9. New Publications and Items of Interest

The Alliance of Business Immigration Lawyers has published a press release on Deferred Action for Childhood Arrivals (DACA). The release notes, among other things, that “[w]hatever concerns or complaints Americans may have about immigration in general, we shouldn’t threaten the future of this group of young people who are here through no fault of their own, who pose no threat, who are not taking away anything from the rest of us… Kicking them out won’t lower the unemployment rate, or lighten anyone’s taxes, or raise anybody’s wages.”

Advisories and tips:

• Immigration Court Practitioner’s Guide to Responding to Inappropriate Immigration Judge Conduct, by Catholic Legal Immigration Network, provides practitioners with information about the range of options available when inappropriate immigration judge conduct occurs, including how to file an administrative complaint with the Department of Justice’s Executive Office for Immigration Review.
• 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.
• Airport Lawyer is a free Web app that is intended to help ensure that travelers are treated fairly at airports. Arrivals information can be securely passed along to large groups of volunteer attorneys who have been organized to monitor arrivals.
• Listings and links to cases challenging executive orders, and related available pleadings, are available HERE.
• DACA Revocation Advisor, to help people determine how their Deferred Action for Childhood Arrivals (DACA) eligibility is affected by the recent Trump administration action to terminate the program in 6 months.

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.

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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10. ABIL Member/Firm News

William Stock, of Klasko Immigration Law Partners, LLP, has authored a client alert. “President Trump Issues Proclamation of Entry Restrictions as Continuation of Travel Ban”

Charles Kuck was quoted in “Deportations Slow Under Trump Despite Increase in Arrests by ICE,” published by the Washington Post.

Mr. Kuck also was quoted in “What GCs Should Know About the Latest Travel Ban,” published by Law360 and available by registering.

Robert Loughran moderated a panel on “Trade Diplomacy: Case Study on NAFTA” on September 19, 2017, at the Diplomacy Begins Here Regional Summit. The panel discussion took place at the Texas State Capitol in Austin, focused on the economic impact of NAFTA renegotiations on the Texas economy, and featured the Canadian and Mexican Consul Generals as well as the Director of the Bexar County Economic Development Department.

Foster LLP hosted a webinar and an in-person Immigration Update half-day seminar, “Explore the New Normal in Immigration Law,” held September 14 and 19, respectively, in Austin, Texas. The seminar focused on the impact of changes in both nonimmigrant and immigrant visa processes brought about by the Trump administration’s “extreme vetting” of all petitions and applications for immigration benefits.

Foster LLP hosted a webinar on September 22, 2017, “E-Verify: The Ins and Outs of Enrollment and Use.” The hour-long presentation by Partner Avalyn C. Langemeier and Senior Attorney Kari K. Blackman covered the basics of enrollment, use, and best practices for compliance.

Cyrus Mehta has authored a new blog entry. “Dealing With the Dreaded RFE: Reflections of an Immigration Lawyer”

Mr. Mehta was quoted recently in several media outlets:

• Reuters, on H-1B RFEs
• Economic Times, on DACA

Greg Siskind, of Siskind Susser PC, was quoted recently by various news outlets:

• Bloomberg BNA
• The Intercept
• Crosscut
• Law Technology Today
• Bloomberg BNA
• Commercial Appeal
• Fortune
• Quartz
• Mic.com, on employment options for DACA beneficiaries
• NPR/PRI, on the DACA announcement
• i24 News, on DACA
• NPR/PRI, before the DACA announcement
• NPR/PRI, pre-DACA announcement
• Memphis Commercial Appeal

Wolfsdorf Rosenthal LLP has posted several new blog entries. “” “” “” “” “” “”

Stephen Yale-Loehr will speak on “Global Entrepreneurs in Residence: Helping Immigrant Founders Create American Jobs” on October 24, 2017, at the Welcoming Economies (WE) Global Convening 2017. The Trump Administration’s pause of the proposed International Entrepreneurs Rule to allow an alternative to the startup visa has given new emphasis to the Global Entrepreneurs in Residence (GEIR) program to pair international entrepreneurs with universities to create local businesses and entrepreneurship opportunities. This session will include national experts, as well as the experience of one WE Global member, on how these programs operate, what they bring to a local entrepreneurial ecosystem, and what local communities should consider when contemplating such an endeavor. For more information or to register.

Mr. Yale-Loehr, Carolyn Lee (of Miller Mayer), and H. Ronald Klasko will speak on a panel, “EB-5 Legislation: Where Are We?,” a webinar sponsored by EB5 Diligence to be held Wednesday, October 4, 2017, at 2 p.m. ET.

Mr. Yale-Loehr was quoted recently by several news outlets:

• Re the Trump administration’s latest travel ban:
  • Los Angeles Times
  • San Francisco Chronicle
  • U.S. News and World Report
  • NPR’s All Things Considered
  • Chicago Tribune
  • ABA Journal
  • Vice.com
  • Deutsche Welle (Germany)
  • Courrier International (France)
  • Bourorama
  • Inside Higher Ed
• Times of India, re resumption of H-1B premium processing
• Huffington Post, re sanctuary churches
• Economic Times, on DACA

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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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Headlines:

1. USCIS Denies Pending Advance Parole Applications for H-1B, L Applicants Traveling Outside the United States -Immigration lawyers are advising their H-1B and L clients to avoid traveling internationally while their advance parole applications are pending.

2. U.S. Nonimmigrant Visa Operations Suspended/Reduced in Russia -The U.S. embassy in Russia has announced that all nonimmigrant visa operations across Russia were suspended as of August 23, 2017, and will resume on a “greatly reduced scale.”

3. President Trump Pardons Controversial Former Arizona Sheriff Joe Arpaio -President Donald Trump announced that he has pardoned controversial former Maricopa County, Arizona, sheriff Joseph Arpaio. Reaction was swift and widespread.

4. USCIS To Expand In-Person Interview Requirements for Certain Permanent Residence Applicants -USCIS announced that effective October 1, 2017, it will begin expanding in-person interviews for certain immigration benefit applicants.

5. ICE Seeks Private Help in Gathering Data on 500,000 Undocumented Immigrants Per Month -The draft Statement of Work says a contractor is sought that will track daily address changes and credit activities of targeted persons (e.g., new aliases, new addresses, new jail bookings, insurance claims, date-of-birth changes, Social Security numbers) using information available from open sources and commercial data sources.

6. USCIS Alerts Hurricane Harvey Survivors to Available Immigration Services -USCIS said that those making a request should “explain how the impact of Hurricane Harvey created a need for the requested relief.”

7. GSA Announces New Lease Agreement for USCIS Headquarters in Camp Springs, Maryland -Under the new lease agreement, USCIS will consolidate its headquarters from five leased locations and one federal asset to one facility.

8. Juan Osuna, Former EOIR Director, Dies -Juan P. Osuna, who was Director of the Executive Office for Immigration Review until his resignation in May 2017, died suddenly on August 15, 2017, at the age of 54.

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. USCIS Denies Pending Advance Parole Applications for H-1B, L Applicants Traveling Outside the United States

According to reports, U.S. Citizenship and Immigration Services (USCIS) has been denying pending advance parole applications for abandonment when applicants travel outside the United States in H-1B or L status. The reason the agency gives is that the instructions to the Form I-131, Application for Travel Document, state that if the applicant leaves the United States before the advance parole document is issued, his or her application for an advance parole document will be considered abandoned. This is despite the fact that for the past 15 years, USCIS reportedly has approved such applications for such individuals traveling abroad with a valid advance parole document or a valid H-1B or L visa while their adjustment of status applications are pending.

Immigration lawyers are advising their H-1B and L clients to avoid traveling internationally while their advance parole applications are pending.

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2. U.S. Nonimmigrant Visa Operations Suspended/Reduced in Russia

As a result of the Russian government’s personnel cap imposed on the U.S. Mission, the U.S. embassy in Russia has announced that all nonimmigrant visa (NIV) operations across Russia were suspended as of August 23, 2017, and will resume on a “greatly reduced scale.”

Beginning September 1, NIV interviews will be conducted only at the U.S. embassy in Moscow. NIV interviews at the U.S. consulates in St. Petersburg, Yekaterinburg, and Vladivostok are suspended until further notice. As of August 21, the U.S. Mission began canceling current NIV appointments countrywide. The embassy said that NIV applicants who have their interviews canceled should call the number below to reschedule their interviews at the U.S. embassy in Moscow for a later date. NIV applicants originally scheduled for an interview at the U.S. consulates in St. Petersburg, Yekaterinburg, and Vladivostok should call the number below if they wish to reschedule their interviews at the U.S. embassy in Moscow.

The staffing changes will also affect the scheduling of some immigrant visa applicants, the embassy said. Affected applicants will be contacted if there is a change in the time and date of their interviews.

For rescheduling of nonimmigrant visa interviews and other questions, call: +7 (495) 745 3388 or 8 800 100 2554 (ITFN).

The U.S. embassy in Moscow and three consulates will continue to provide emergency and routine services to U.S. citizens, although hours may change. (For U.S. citizen services hours, check the U.S. Mission to Russia website.)

Also, the U.S. embassy in Moscow and the U.S. consulate in St. Petersburg will no longer accept new visa applications for residents of Belarus. NIV appointments for Belarussian applicants who have already paid the application fee will be rescheduled. The embassy encourages residents of Belarus to schedule NIV appointments at the U.S. embassies in Warsaw, Kyiv, or Vilnius.

THE ANNOUNCEMENT, which includes questions and answers.

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3. President Trump Pardons Controversial Former Arizona Sheriff Joe Arpaio

President Donald Trump announced on August 25, 2017, that he has pardoned controversial former Maricopa County, Arizona, sheriff Joseph Arpaio. President Trump released a statement noting, among other things, that throughout his time as sheriff, Mr. Arpaio “continued his life’s work of protecting the public from the scourges of crime and illegal immigration.” The statement, noting that Mr. Arpaio had provided more than 50 years “of admirable service to our Nation,” said he is a “worthy candidate for a Presidential pardon.”

Mr. Arpaio, who had been sheriff of Maricopa County for 24 years, was convicted in July of criminal contempt for violating a court order to stop detaining people unconstitutionally without charges based on Latino ethnicity and a belief that they were in the United States illegally. Mr. Arpaio had vowed to continue detaining people, making various statements over the years that drew publicity along with his actions, such as that he would not “back down” and would “never give in to control by the federal government.” He detained hundreds of undocumented immigrants in a jail he called a “concentration camp” and forced them to wear pink underwear.

Reaction was swift and widespread. Sen. John McCain (R-Ariz.) tweeted that “POTUS’s pardon of Joe Arpaio, who illegally profiled Latinos, undermines his claim for the respect of rule of law.” A spokesperson for Paul Ryan (R-Wis.), Speaker of the House of Representatives, said that Rep. Ryan “does not agree with this decision. Law enforcement officials have a special responsibility to respect the rights of everyone in the United States. We should not allow anyone to believe that responsibility is diminished by this pardon.” House Minority Leader Nancy Pelosi (D-Cal.) said Democrats are “sick to our stomach.” Phoenix mayor and Democrat Greg Stanton said, “Pardoning Joe Arpaio is a slap in the face to the people of Maricopa County, especially the Latino community and those he victimized as he systematically and illegally violated their civil rights.”

Mr. Arpaio said he was grateful to President Trump, tweeting his thanks to the President “for seeing my conviction for what it is: a political witch hunt by holdovers in the Obama justice department!”

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4. USCIS To Expand In-Person Interview Requirements for Certain Permanent Residence Applicants

U.S. Citizenship and Immigration Services (USCIS) announced that effective October 1, 2017, it will begin expanding in-person interviews for certain green card applicants. USCIS said this change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and “is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.”

Effective October 1, USCIS will begin to phase in interviews for:

• Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status); and
• Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers for their applications for permanent residence to be adjudicated. This policy change appears to be part of the Trump administration’s “extreme vetting” plan, referenced in the President’s executive order instituting the travel ban (Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States, issued in January and revised in March). The revised order requires the “development of a uniform baseline for screening and vetting standards and procedures, such as in-person interviews.” According to attorneys, the result will likely be more than 100,000 more USCIS in-person interviews per year, which is expected to lengthen wait times for permanent residence applications.

Beyond the immediately affected categories, USCIS said it is planning an incremental expansion of interviews to other benefit types.

USCIS said that conducting in-person interviews will provide USCIS officers with “the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States.” USCIS said it will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.

USCIS NOTICE

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5. ICE Seeks Private Help in Gathering Data on 500,000 Undocumented Immigrants Per Month

U.S. Immigration and Customs Enforcement (ICE)’s Enforcement and Removal Operations (ERO) Targeting Operations Division (TOD) is seeking commercial subscription data services to conduct customized analysis, screening, and monitoring of Department of Homeland Security (DHS) priority criminal alien information. According to a recent notice, the TOD will provide targeting information for the provider to set up in a continuous monitoring and alert system to track 500,000 identities per month for specified new data, arrests, and activities.

According to the notice’s draft Statement of Work (SOW), the continuous monitoring and alert system must be able to securely process and return information and addresses using the following types of specified data: FBI numbers; state identification numbers; real-time jail booking data; credit history; insurance claims; phone number account information; wireless phone accounts; wire transfer data; driver’s license information; vehicle registration information; property information; payday loan information; public court records; incarceration data; employment address data; Individual Taxpayer Identification Number (ITIN) data; and employer records.

The draft SOW states that the contractor will track daily address changes and credit activities of targeted persons (e.g., new aliases, new addresses, new jail bookings, insurance claims, date-of-birth changes, and Social Security numbers) using information available from open sources and commercial data sources.

The contractor will securely return to ICE any information that identifies the possible location of the target and changes in the target’s identifiers.

NOTICE

DRAFT SOW

RELATED REQUEST FOR INFORMATION

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6. USCIS Alerts Hurricane Harvey Survivors to Available Immigration Services

USCIS recently issued an alert listing immigration services “that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.” USCIS said that those making a request should “explain how the impact of Hurricane Harvey created a need for the requested relief.” The alert states that the following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of the authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond the person’s control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration of fee waivers due to an inability to pay;
• Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
• Assistance if the individual was unable to appear for a scheduled interview with USCIS;
• Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
• Rescheduling a biometrics appointment.

USCIS ALERT

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7. GSA Announces New Lease Agreement for USCIS Headquarters in Camp Springs, Maryland

The General Services Administration has announced a new lease agreement to consolidate U.S. Citizenship and Immigration Services (USCIS) headquarters.

Under the new lease agreement, USCIS will consolidate its headquarters from five leased locations and one federal asset to one facility. The new headquarters will occupy 574,767 rentable square feet at One Town Center, One Capital Gateway Drive, Camp Springs, MD 20746 for a term of 15 years.

NOTICE

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8. Juan Osuna, Former EOIR Director, Dies

Juan P. Osuna, who was Director of the Executive Office for Immigration Review until his resignation in May 2017, died suddenly on August 15, 2017, at the age of 54. He had also served as chair of the Board of Immigration Appeals and adjunct professor at George Mason School of Law and Georgetown Law School. Other positions included Deputy Assistant Attorney General for the Department of Justice’s Civil Division and Associate Deputy Attorney General with responsibility for the Department’s immigration portfolio. He was a graduate of George Washington University and American University Washington College of Law. He also was editor of Interpreter Releases.

, retired U.S. Immigration Judge and former chairman of the Board of Immigration Appeals.

A TRIBUTE BY STEPHEN YALE-LOEHR, co-author of Immigration Law and Procedure, professor at Cornell Law School, and attorney.

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9. New Publications and Items of Interest

U.S. Citizenship and Immigration Services sent out a notice on August 31, 2017, reminding federal contractors and subcontractors of a Department of Homeland Security notice summarizing E-Verify requirements.

Advisories and tips:

• Immigration Court Practitioner’s Guide to Responding to Inappropriate Immigration Judge Conduct, by Catholic Legal Immigration Network, provides practitioners with information about the range of options available when inappropriate immigration judge conduct occurs, including how to file an administrative complaint with the Department of Justice’s Executive Office for Immigration Review.
• Travel ban FAQ, by David Isaacson of Cyrus D. Mehta & Partners PLLC, updated July 19, 2017.
• 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.
• Airport Lawyer is a free Web app that is intended to help ensure that immigrants are treated fairly at airports. Arrivals information can be securely passed along to large groups of volunteer attorneys who have been organized to monitor arrivals. See HERE.
• Listings and links to cases challenging executive orders, and related available pleadings, are available HERE.

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.

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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10. ABIL Member/Firm News

Klasko Immigration Law Partners, LLP was recognized in the Philadelphia Business Journal’s annual list of Best Places to Work for the second consecutive year, published on August 11, 2017.

Klasko partners H. Ronald Klasko, Daniel B. Lundy and Anu Nair participated in the 2017 San Francisco EB-5 & Investment Immigration Convention July 27-28, 2017. The convention was hosted by EB5 Investors Magazine. Mr. Klasko moderated a panel focused on the representation of investors in failed and fraudulent EB-5 projects. Mr. Lundy presented a seminar on ways to avoid selecting bad EB-5 projects, monitoring projects to ensure they are on track, and ways to deal with the immigration consequences of a troubled project and preserve the immigration benefits of the investment. Ms. Nair moderated a panel, “India: EB-5’s New Frontier.” As visa wait times for Chinese nationals have resulted in a slowdown of investors from China, developers and regional centers are turning to India as the new source for EB-5 investors. Using her experience as counsel for over a hundred Indian investors and her own background as an Indian-American, Ms. Nair discussed how to best represent Indian investors throughout the EB-5 process. MORE INFORMATION

Cyrus Mehta has published several new blog entries. “Immigration and Nationality Act Trumps America First” “RAISE Act Will Hurt Immigrants, Americans and America”

David Isaacson, of Cyrus D. Mehta and Associates, PLLC, has published a new blog entry. “”

Cora-Ann Pestaina, of Cyrus D. Mehta and Associates, PLLC, has published a new blog entry. “How Binding Are DOL FAQs?”

Angelo Paparelli and Stephen Yale-Loehr will present “Immigration Law and Policy: What’s Changed, What Hasn’t, and What Might in the Trump Administration,” a Cornell Law School Alumni Association CLE program and reception to be held Wednesday, September 27, 2017, from 6 to 8:30 p.m. at Littler Mendelson P.C. in Los Angeles, California. Cost is $20. Reception includes hors d’oeuvres, beer, and wine. For more information or to register, call 607-255-5251 by September 20 or REGISTER ONLINE.

Julie Pearl (panelist) and Mr. Yale-Loehr (moderator) will present “Immigration and the Tech Sector: What’s Changed, What Hasn’t, and What Might in the Trump Administration,” a Cornell Law School Legal Information Institute 25^th Anniversary Program & Reception to be held Tuesday, September 26, 2017, from 6 to 8:30 p.m. at Morrison & Foerster, LLP, in Palo Alto, California. Cost is $20. Reception includes hors d’oeuvres, beer, wine, and soda. For more information or to register, call 607-255-5251 by September 19 or REGISTER ONLINE.

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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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Headlines:

1. Sens. Graham, Durbin Introduce Bipartisan ‘Dream Act’ -On July 20, 2017, Sens. Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced the “Dream Act,” a bipartisan legislative effort that would allow immigrant students who grew up in the United States to earn lawful permanent residence.

2. DHS Increases FY 2017 Limit on H-2B Temporary Nonagricultural Workers -The Departments of Homeland Security and Labor issued a “temporary rule” on July 19, 2017, to increase the limit of 66,000 H-2B nonimmigrant visas by authorizing the issuance of up to an additional 15,000 visas through the end of fiscal year 2017.

3. Supreme Court Allows Temporary Exemption for Grandparents, Others From Travel Ban, But Not for Certain Refugees -On July 19, 2017, the U.S. Supreme Court allowed a temporary exemption of grandparents and certain other relatives of those in the United States from President Donald Trump’s travel ban to stand, but continued the temporary travel ban for certain refugees.

4. USCIS To Resume H-1B Premium Processing for Certain Cap-Exempt Petitions -USCIS has resumed premium processing for certain cap-exempt H-1B petitions as of July 24, 2017.

5. USCIS Announces Return of All Unselected FY 2018 H-1B Cap-Subject Petitions -Those who submitted an H-1B cap-subject petition between April 3 and April 7, 2017, but have not received a receipt notice or a returned petition by July 31 may contact USCIS for assistance.

6. USCIS Revises I-9 Employment Eligibility Verification Form -Employers can use the revised version or continue using Form I-9 with a revision date of 11/14/16N through September 17, 2017. On September 18, employers must use the revised form with a revision date of 07/17/17N.

7. ABIL Global: Peru -A new law establishes a series of changes to the law on migration with respect to citizen security; standards for the internal and external immigration policy of Peru, including some aspects of the National Superintendence of Immigration; and the regulation of border security, among other important aspects. The ultimate aim of the new law is to simplify and order the immigration law protecting the fundamental rights of national and foreign citizens, and strengthen national security.

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. Sens. Graham, Durbin Introduce Bipartisan ‘Dream Act’

On July 20, 2017, Sens. Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced the “Dream Act,” a bipartisan legislative effort that would allow immigrant students who grew up in the United States to earn lawful permanent residence. As of press time, co-sponsors also included Sen. Jeff Flake (R-AZ) and Sen. Charles Schumer (D-NY).

“These young people have lived in America since they were children and built their lives here,” said Sen. Graham. “There is support across the country for allowing Dreamers—who have records of achievement—to stay, work, and reach their full potential. … [T]his may be an area where both parties can come together.”

Sen. Durbin said, “I’ll do everything in my power as a United States Senator to protect these Dreamers and give them the chance to become American citizens so they can contribute to a brighter future for all Americans. I first introduced the Dream Act 16 years ago and I’ll continue fighting until it becomes the law of the land. I thank Senator Graham for partnering with me in this bipartisan effort.”

The Dream Act would allow eligible young people to earn lawful permanent residence, and eventually U.S. citizenship, if they:

• Are longtime residents who came to the United States as children;
• Graduate from high school or obtain a GED;
• Pursue higher education, work lawfully for at least three years, or serve in the military;
• Pass security and law enforcement background checks and pay a reasonable application fee;
• Demonstrate proficiency in the English language and a knowledge of United States history; and
• Have not committed a felony or other serious crimes and do not pose a threat to the United States.

TEXT OF BILL, S. 1615

RELATED JOINT STATEMENT FROM SENS. GRAHAM AND DURBINONE-PAGE SUMMARYSECTION-BY-SECTION SUMMARY

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2. DHS Increases FY 2017 Limit on H-2B Temporary Nonagricultural Workers

The Departments of Homeland Security and Labor issued a “temporary rule” on July 19, 2017, to increase the limit of 66,000 H-2B nonimmigrant visas by authorizing the issuance of up to an additional 15,000 visas through the end of fiscal year 2017. The Departments said this is a one-time increase “based on a time-limited statutory authority” and does not affect the H-2B program in future fiscal years. They plan to promulgate regulations to implement this determination. The rule is effective July 19, 2017, through September 30, 2017.

The Departments explained that because of the intense competition for H-2B visas in recent years, the semi-annual visa allocation, and the regulatory requirement that employers apply for labor certification 75 to 90 days before the start date of work, employers who wish to obtain visas for their workers under the semi-annual allotment must act early to receive a temporary labor certification (TLC) and file a petition with USCIS. As a result, the Departments noted, the Department of Labor typically sees a significant spike in TLC applications for H-2B visas for temporary or seasonal jobs during the U.S.’s warm weather months. For example, in FY 2017, of the TLC applications filed in January, the Office of Foreign Labor Certification (OFLC) certified 54,827 worker positions for start dates of work on April 1, in excess of the entire semi-annual visa allocation. U.S. Citizenship and Immigration Services received sufficient H-2B petitions to meet the second half of the fiscal year regular cap on March 13, 2017. This was the earliest date that the cap was reached in a respective fiscal year since FY 2009 and reflects an ongoing trend of high program demand, the Departments explained.

Following consultation with the Secretary of Labor, the Secretary of Homeland Security determined that the needs of some U.S. businesses could not be satisfied in FY 2017 with U.S. workers who are willing, qualified, and able to perform temporary nonagricultural labor. The Secretary of Homeland Security determined that it was appropriate to raise the numerical limitation on H-2B nonimmigrant visas by up to an additional 15,000 for the remainder of the fiscal year, which ends September 30. Consistent with such authority, the Secretary of Homeland Security decided to increase the H-2B cap for FY 2017 by up to 15,000 additional visas for those U.S. businesses that attest to a level of need such that, if they do not receive all of the workers under the cap increase, they are likely to suffer irreparable harm; i.e., a permanent and severe financial loss. These businesses must attest that they will likely suffer irreparable harm and must retain documentation supporting this attestation, the Departments note.

The Secretary of Homeland Security’s determination to increase the numerical limitation was based on the conclusion that “some businesses face closing their doors in the absence of a cap increase.” The Departments noted that some stakeholders reported that access to additional H-2B visas is essential to the continued viability of some small businesses that play an important role in sustaining the economy in their states, while others stated that an increase is unnecessary and raises the possibility of abuse. The Secretary of Homeland Security has deemed it “appropriate, notwithstanding such risk of abuse, to take immediate action to avoid irreparable harm to businesses; such harm would in turn result in wage and job losses by their U.S. workers, and other adverse downstream economic effects.”

THE RULE, which was published at 82 Fed. Reg. 32987 (July 19, 2017)

DETAILS ON ELIGIBILITY AND FILING REQUIREMENTS

The page includes an email address for reporting fraud and abuse at [email protected].

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3. Supreme Court Allows Temporary Exemption for Grandparents, Others From Travel Ban, But Not for Certain Refugees

On July 19, 2017, the U.S. Supreme Court allowed a temporary exemption of grandparents and other relatives (grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law, and sisters-in-law) of those in the United States from President Donald Trump’s temporary travel ban to stand. However, the court continued the temporary travel ban for certain refugees, at least until the U.S. Court of Appeals for the Ninth Circuit can review the related appeal. The people affected are from Iran, Syria, Sudan, Libya, Yemen, and Somalia. Also exempt from the travel ban, per a Trump administration list, are parents, spouses, fiancé(e)s, sons, daughters, sons-in-law, daughters-in-law, and siblings.

The Supreme Court also denied the Trump administration’s motion to clarify its order of June 26, 2017.

SUPREME COURT’S BRIEF ORDER

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4. USCIS To Resume H-1B Premium Processing for Certain Cap-Exempt Petitions

U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for certain cap-exempt H-1B petitions as of July 24, 2017.

USCIS explained that the H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or higher. Premium processing will resume for petitions that may be exempt from the cap if the H-1B petitioner is:

• An institution of higher education;
• A nonprofit related to or affiliated with an institution of higher education; or
• A nonprofit research or governmental research organization.

Premium processing will also resume for petitions that may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization, or entity.

Cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service, for Form I-129, Petition for a Nonimmigrant Worker. The I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition.

USCIS previously announced that premium processing resumed on June 26, 2017, for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program as well as interested government agency waivers.

USCIS said it plans to resume premium processing for other H-1B petitions “as workloads permit.” USCIS plans to make additional announcements with specific details related to when the agency will begin accepting premium processing for those petitions. Until then, premium processing remains temporarily suspended for all other H-1B petitions. USCIS will reject any Form I-907s filed for those petitions, and if the petitioner submitted one check combining the Form I-907 and Form I-129 fees, USCIS will reject both forms.

USCIS ANNOUNCEMENT

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5. USCIS Announces Return of All Unselected FY 2018 H-1B Cap-Subject Petitions

U.S. Citizenship and Immigration Services (USCIS) announced on July 19, 2017, that it has returned all fiscal year 2018 H-1B cap-subject petitions that were not selected by the agency’s computer-generated random selection process. USCIS previously announced that it had completed data entry for all selected cap-subject petitions.

USCIS said that those who submitted an H-1B cap-subject petition between April 3 and April 7, 2017, but have not received a receipt notice or a returned petition by July 31 may contact USCIS for assistance.

CONTACT INFORMATION

ANNOUNCEMENT

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6. USCIS Revises I-9 Employment Eligibility Verification Form

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. USCIS said employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16N through September 17, 2017. On September 18, employers must use the revised form with a revision date of 07/17/17N. The revised form includes the changes summarized below.

Revisions to the Form I-9 instructions:

• The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been changed to its new name, Immigrant and Employee Rights Section.
• “the end of” has been removed from the phrase “the first day of employment.”

Revisions related to the List of Acceptable Documents on Form I-9:

• The Consular Report of Birth Abroad (Form FS-240) has been added to List C. Employers completing the I-9 on a computer can select Form FS-240 from the dropdown menus in List C of Sections 2 and 3. E-Verify users can also select Form FS-240 when creating a case for an employee who has presented this document for Form I-9 purposes.
• All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) have been combined into selection C #2 in List C.
• All List C documents except the Social Security card have been renumbered. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.

NOTICE

USCIS said it has also included these changes in the I-9 handbook for employers.

REVISED FORM, in English and Spanish

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7. ABIL Global: Peru

On January 7, 2017, legislative decree N° 1350, the “New Law of MIGRACIONES,” was published in the Official Gazette El Peruano under the powers delegated by the Peruvian Congress by virtue of Law No. 30506. The new law establishes a series of changes to the law on migration with respect to citizen security, standards for the internal and external immigration policy of Peru, including some aspects of the National Superintendence of Immigration (MIGRACIONES), and the regulation of border security, among other important aspects. The ultimate aim of the new law is to simplify and revise the immigration law protecting the fundamental rights of national and foreign citizens, and to strengthen national security.

Legislative Decree N° 1350, in force since March 1, 2017, means considerable progress because it changes the scheme considerably with respect to immigration categories and statuses, and creates several new immigration statuses, among other things. New regulations were published in El Peruano on March 27, 2017, with Supreme Decree No. 007-2017-IN.

With the entry into force of the new law, the former Aliens Law N° 703 and its amendment, Legislative Decree N° 1043, were repealed along with Legislative Decree No. 1236 and any rule that violates Legislative Decree No. 1350.

The law includes two important changes:

1. With respect to temporary migratory status for business, the new law allows foreigners who do not intend to live in Peru to perform business, legal, contractual, and specialized technical assistance or similar activities in Peruvian territory. The status is granted for 183 days, consecutive or cumulative, over a period of 1 year counted from the first entry into Peru. This status is not renewable for temporary migration for business.
2. “Appointed worker” status is now granted not only on a temporary basis, but also as a resident status.

Thus, foreign individuals coming to work in Peru to carry out labor activities in the national territory, which consist of the accomplishment of a specific task or function or a job that requires specialized professional, commercial, or technical knowledge and who are sent by a foreign employer, as well as those who are commissioned by a highly specialized international corporation for the repair or maintenance of machinery or technically complex or advanced systems or mechanisms, or for corporate audits and international certifications, may receive a temporary visa with an authorized stay of 183 days, consecutive or cumulative, over a period of one year counted from the first entry into Peruvian territory, extendable up to a total of one year, maximum. In sum, for temporary appointed worker migratory status, the initial authorized period of stay is 183 days (consecutive or cumulative), which can be extended in a subsequent process up to one year. For resident appointed worker migratory status, the visa is granted for one year, renewable.

Both types of status allow multiple entries. Foreigners with resident appointed worker migratory status will hold a foreign card (carné de extranjería).

A foreigner with this migratory status cannot carry out paid or lucrative activities, either self-employed such as freelancing or independent contracting, or working as a subordinated employee, in Peru.

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8. New Publications and Items of Interest

The E-Verify User Manual has been updated to include the latest system enhancements and policy updates. Some sections have been reorganized and consolidated.

MANUAL

TABLE OF CHANGES (scroll down)

Travel ban FAQ, by David Isaacson of Cyrus D. Mehta & Partners PLLC, updated July 19, 2017.

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.

ADVISORY

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.

Airport Lawyer is a free Web app that is intended to help ensure that immigrants are treated fairly at airports. Arrivals information can be securely passed along to large groups of volunteer attorneys who have been organized to monitor arrivals. See HERE.

Listings and links to cases challenging executive orders, and related available pleadings, are available HERE.

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.

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

H. Ronald Klasko, William A. Stock, Elise A. Fialkowski (partners), and Andrew Zeltner (associate), all of Klasko Immigration Law Partners, LLP,participated in the American Immigration Lawyers Association’s (AILA) 2017 Annual Conference June 21-24, 2017. Mr. Klasko participated as discussion leader in an advanced-level roundtable discussion about the major changes in the EB-5 program and presented strategies to overcome the issues. Mr. Stock participated in a strategy session on hot topics with other AILA National Officers, and also presented on the ever-changing landscape in practicing immigration law. Ms. Fialkowski presented on an all-levels panel about the key issues for U.S. practitioners with respect to global immigration. Mr. Zeltner participated on an intermediate-level panel on how to maintain LPR status when assigned or choosing to live abroad temporarily.

Cyrus Mehta recently discussed “Is the U.S. in Danger of Losing Immigrant Entrepreneurs?” in a podcast.

Mr. Mehta has published several new blog entries. “H-1B Entry Level Wage Blues” “Trump’s H-2B Visa Conflict: How We Can Take Advantage Of It to Gain Broader Immigration Reform” “Supreme Court’s Heightened Standard for Revoking Naturalization Should Apply to All Immigration Benefits”

Angelo Paparelli has published “The Known and Unknown Future of the EB-5 Immigrant Investment Program at USCIS and the Office of the USCIS Ombudsman.”

Wolfsdorf Rosenthal LLP has published a new blog entry. “”

David Fullmer and his team of immigration professionals have merged with Wolfsdorf Rosenthal LLP‘s immigration law practice as of August 1, 2017. Mr. Fullmer is a top-rated immigration lawyer and Chair of the Immigration Section of the Los Angeles County Bar Association. He will work alongside veteran Bernie Wolfsdorf to provide exceptional quality immigration services.

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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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