Headlines:

1. Visa Bulletin Shows Slight Forward Progress in Some Backlogged Preference Categories -Regarding EB-1 for China and India, the bulletin notes a continued “extremely high rate of demand” that may require temporary retrogression until October.

2. New USCIS Policy Guidance Clarifies Marijuana-Related Activities Bar on Naturalization -Certain marijuana-related activities generally bar naturalization even if they are decriminalized under applicable state laws.

3. State Dept. to Issue Final Rule on “Discontinuing” Granting Visas When Country is Sanctioned -The Department will publish a final rule, effective April 22, 2019, modifying current regulations to reflect that consular offices are to discontinue granting visas to individuals from certain sanctioned countries.

4. Acting Secretary of Homeland Security Announces New Office for Targeted Violence and Terrorism Prevention, New CBP Commissioner -Kevin McAleenan has replaced Kirstjen Nielsen, who was forced to resign recently.

5. Attorney General’s Decision Opens Door to Indefinite Detention of Asylum Seekers -A person who is transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond.

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. Visa Bulletin Shows Slight Forward Progress in Some Backlogged Preference Categories

The Department of State’s Visa Bulletin for May 2019 shows slight forward progress for EB-1 for all chargeability areas except China and India, EB-2 for China and India, EB-3 and Other Workers China, India, and the Philippines, and EB-5 China and Vietnam. The remainder of the priority dates remain current with per-country quotas not reached.

Regarding EB-1 for China and India, the bulletin notes a continued “extremely high rate of demand” that may require temporary retrogression until October.

U.S. Citizenship and Immigration Services (USCIS) has announced that the agency will follow the “Final Action Dates” chart for the month for accepting I-485 Adjustment of Status applications.

Details: Visa Bulletin for May 2019; USCIS announcement

Back to Top

2. New USCIS Policy Guidance Clarifies Marijuana-Related Activities Bar on Naturalization

U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance to clarify that certain marijuana-related activities generally bar naturalization even if they are decriminalized under applicable state laws. Such an applicant may be deemed to lack good moral character if found to have violated federal law, the guidance states.

Federal law classifies marijuana as a “Schedule I” controlled substance whose manufacture (which includes production, such as planting, cultivation, growing, or harvesting), distribution, dispensing, or possession may lead to immigration consequences. Some practitioners are advising clients not to work for or invest in marijuana-related companies. Reportedly, U.S. Customs and Border Protection is also checking social media accounts.

Details: Announcement; policy manual update; video warning immigrants co-produced by Servicios De La Raza and the Marijuana Industry Group

Back to Top

3. State Dept. to Issue Final Rule on “Discontinuing” Granting Visas When Country is Sanctioned

The Department of State will publish a final rule, effective April 22, 2019, modifying current regulations to reflect that consular officers are to discontinue granting visas to individuals from certain sanctioned countries.

Under the current regulation, consular officers either grant or deny every visa application. The final rule creates a third and different action, requiring consular officers to discontinue granting visas when a country has been sanctioned for “denying or delaying accepting one or more of its nationals subject to a final order of removal from the United States.”

Details: Final rule

Back to Top

4. Acting Secretary of Homeland Security Announces New Office for Targeted Violence and Terrorism Prevention, New CBP Commissioner

Kevin McAleenan, formerly head of U.S. Customs and Border Protection (CBP) and the new Acting Homeland Security Secretary, has replaced Kirstjen Nielsen, who was forced to resign recently amid President Trump’s declarations that he wanted a “tougher direction” for immigration. One of his first acts was announcing the establishment of a new Office for Targeted Violence and Terrorism Prevention within the Department of Homeland Security (DHS) on April 19, 2019. Acting Secretary McAleenan also designated John P. Sanders, CBP Chief Operating Officer, as the senior official performing the functions and duties of the CBP Commissioner.

Details: Statement from Secretary McAleenan; announcement of new office; announcement of Mr. Sanders as head of CBP; notes on Secretary McAleenan’s recent trip to the U.S.-Mexico border; McAleenan bio

Back to Top

5. Attorney General’s Decision Opens Door to Indefinite Detention of Asylum Seekers

A new decision by Attorney General William Barr holds that a person who is transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond. Such a person “must be detained until his removal proceedings conclude, unless he is granted parole,” the decision states.

Details: Matter of M-S-

Back to Top

6. New Publications and Items of Interest

IMAGE forum and training. U.S. Immigration and Customs Enforcement has announced the 2019 IMAGE Forum and Training, a day of free training on the IMAGE (ICE Mutual Agreement between Government and Employers) program, Form I-9, how to establish an immigration compliance program, proper hiring procedures, detecting fraudulent documents, the use of E-Verify, and antidiscrimination procedures. The training will be held on May 1, 2019, in Orlando, Florida. More information or to register

Immigrant and Employee Rights webinars. The Department of Justice’s Immigrant and Employee Rights Section is offering free webinars to the public in April. The webinars are for workers, employers, and advocates. More information or to register

Alliance of Business Immigration Lawyers:

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

Organizations seeking non-lawyer and lawyer volunteers. Cornell Law School has compiled a list of organizations seeking non-lawyer and lawyer volunteers to help migrants in U.S. detention and deportation proceedings. The list, which is updated on an ongoing basis

Nation of immigrants. Podcasts on U.S. immigration history and what it means to be an immigrant in America:

• • Statutes of Liberty: (new episodes: A Prescription for Success: EB-1 for Physicians; The Best, Brightest, and Backlogged, discusses the backlog, who it affects, how to read the Visa Bulletin, and strategies for EB-1 visas)
  • Code Switch Podcast: What Does It Mean To Be A ‘Nation of Immigrants‘?
  • Hidden Brain: The Huddled Masses and the Myth of America
  • American Pendulum I

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. The advisory is here.
• 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 at lawfareblog.com.

Back to Top

7. ABIL Member / Firm News

Dagmar Butte was quoted by Recode in “New Immigration Rules Could Prevent Our Next Elon Musk.” The article notes that although Silicon Valley is focused more on experience and entrepreneurship than on advanced degrees, USCIS is actively increasing the percentage of master’s degree candidates selected for the H-1B program. Ms. Butte noted that “[t]ech companies spend a lot of time looking at skill sets which may or may not be tied to a degree. Usually they are experiential as opposed to being part of an advanced degree.”

Cyrus Mehta has authored a new blog entry, “Are the Canadian and U.S. Refugee/Asylum Processes Really ‘Similar Enough’? How the New Refugee Bar in Bill C-97 Is Based on a Misunderstanding of U.S. Asylum Law.”

Back to Top

8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and 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 State Visa Bulletin

Visa application wait times for any post

Back to Top

Headlines:

1. USCIS Reaches FY 2020 H-1B Regular Cap -USCIS has received a sufficient number of petitions to reach the 65,000 H-1B visa regular cap for fiscal year 2020.

2. New Study Shows Companies Pay Billions in Job Training, Scholarships for U.S. Students Through H-1B Fees -The study by the National Foundation for American Policy also details how expensive it has become to petition for an H-1B professional.

3. USCIS Launches Data Hub on H-1B Employers -The data hub allows the public to search for H-1B petitioners by fiscal year, NAICS code, employer name, city, state, or zip code.

4. Justice Department Settles Immigration-Related Discrimination Claim Against Housing Authority in Texas -The Housing Authority improperly demanded that the worker present more documents than necessary and rejected the documentation he presented, then terminated him based on his lack of U.S. citizenship.

5. Brazil to Allow Visa-Exempt Travel for Australian, Canadian, Japanese, and U.S. Citizens -Effective June 17, 2019, nationals of Australia, Canada, Japan, and the United States will be able to travel to Brazil without a visa for stays of up to 90 days as a visitor.

6. USCIS Proposes to Revise Fee Waiver Requirements -USCIS is allowing an additional 30 days for public comments on a proposed revision that would no longer require proof of whether an individual receives a means-tested benefit.

7. USCIS Publishes Notices on Extension of Liberian DED ‘Wind-Down’ Period, EADs -USCIS has published related notices in the Federal Register.

8. USCIS Outlines Changes in InfoPass Appointment Process, Reducing In-Person Support -A goal is to limit in-person support to those who truly need assistance that can be provided only in person, the agency said.

9. Foreign Nationals Serving in U.S. Military Challenge Trump Administration -Several foreign-national soldiers have sued the government, challenging the lawfulness of Trump administration policies adversely affecting their naturalization based on military service.

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

11. ABIL Member / Firm News -ABIL Member / Firm News12. Government Agency Links -Government Agency Links

Details:

1. USCIS Reaches FY 2020 H-1B Regular Cap

U.S. Citizenship and Immigration Services (USCIS) has received a sufficient number of petitions projected as needed to reach the 65,000 H-1B visa regular cap for fiscal year 2020. USCIS said it will next determine if the agency has received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap.

The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

Details: USCIS news alert

Back to Top

2. New Study Shows Companies Pay Billions in Job Training, Scholarships for U.S. Students Through H-1B Fees

New research shows H-1B fees paid by companies have funded approximately $5 billion since 1999 in training and scholarships for U.S. students and teachers to enter science fields and have funded nearly 90,000 college scholarships in tech fields for U.S. students, as well as about $2.5 billion in job training through the Department of Labor. The study by the National Foundation for American Policy also details how expensive it has become to petition for an
H-1B professional.Although critics have argued H-1B visa holders represent “cheap labor,” employers pay government-imposed fees and attorney costs of up to $16,560 for an initial H-1B petition and $28,620 for the combined cost of an initial H-1B petition and an extension.

Details: Study

Back to Top

3. USCIS Launches Data Hub on H-1B Employers

U.S. Citizenship and Immigration Services (USCIS) has launched an H-1B Employer Data Hub to provide information on employers petitioning for H-1B workers. The data hub will allow the public to search for H-1B petitioners by fiscal year (back to FY 2009), NAICS code, employer name, city, state, or zip code.

The new hub gives the public the ability to calculate approval and denial rates and to review which employers are using the H-1B program.

Details: USCIS news alert; H-1B Employer Data Hub; data broken down by fiscal year; summary and description

Back to Top

4. Justice Department Settles Immigration-Related Discrimination Claim Against Housing Authority in Texas

The Department of Justice reached a settlement agreement with the Housing Authority of Victoria, Texas, resolving a complaint that the latter discriminated against a lawful permanent resident when it rejected his valid employment documents and fired him. The Housing Authority improperly demanded that the worker present more documents than necessary and rejected the documentation he presented, then terminated him based on his lack of U.S. citizenship.

“Employers should not reject valid employment documents because of a lawful permanent resident’s citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.

Details: Settlement agreement; DOJ media release

Back to Top

5. Brazil to Allow Visa-Exempt Travel for Australian, Canadian, Japanese, and U.S. Citizens

Effective June 17, 2019, nationals of Australia, Canada, Japan, and the United States will be able to travel to Brazil without a visa for stays of up to 90 days as a visitor.

Such visitors to Brazil with valid passports may engage in certain business activities, transit through Brazil, vacation, and participate in artistic or sports activities, among other things. They can apply to extend their stay for an additional 90 days but may not stay in Brazil for longer than 180 days in any 12-month period.

Details: Statement from Consulate General of Brazil; related alert

Back to Top

6. USCIS Proposes to Revise Fee Waiver Requirements

U.S. Citizenship and Immigration Services is allowing an additional 30 days for public comments on a proposed revision that would reduce the evidence required for a fee waiver to only a person’s household income and no longer require proof of whether an individual receives a means-tested benefit. The waiver requirements will retain the poverty-guideline threshold and financial hardship criteria.

Details: Federal Register notice

Back to Top

7. USCIS Publishes Notices on Extension of Liberian DED ‘Wind-Down’ Period, EADs

Following announcements that Deferred Enforced Departure (DED) is extended for certain eligible Liberians through March 30, 2020, and that those Liberians’ employment authorization documents (EADs) are extended through September 27, 2019, with an option to obtain EADs for the remainder of the DED wind-down period, U.S. Citizenship and Immigration Services has published related notices in the Federal Register.

Details: Notice on continuation of employment authorization and automatic extension of existing EADs for eligible Liberians before DED ends; notice reproducing text of memorandum on the extension of DED for Liberians

Back to Top

8. USCIS Outlines Changes in InfoPass Appointment Process, Reducing In-Person Support

U.S. Citizenship and Immigration Services (USCIS) recently explained changes in the way it provides support services to applicants under an initiative called the “Information Services Modernization Program” (InfoMod). A goal is to limit in-person support to those who truly need assistance that can be provided only in person, such as issuing emergency documents, providing ADIT stamps, and conducting in-person interviews, the agency said.

InfoMod will enable USCIS to shift applicant support services from self-scheduled InfoPass appointments toward support services provided online or through USCIS Contact Centers. The agency encouraged users to visit myUSCIS, an online public portal.

Details: USCIS teleconference summary

Back to Top

9. Foreign Nationals Serving in U.S. Military Challenge Trump Administration

Service members who enlisted through the Military Accessions Vital to the National Interest (MAVNI) program and who have not yet become naturalized U.S. citizens may be affected by litigation in the United States District Court for the District of Columbia and elsewhere. Several MAVNI soldiers brought two lawsuits (Kirwa and Nio) against the Department of Defense, the Department of Homeland Security, U.S. Citizenship and Immigration Services, and certain government officials challenging the lawfulness of Trump administration policies affecting their naturalization based on military service.

The MAVNI program, authorized in 2008, brought individuals considered assets to the U.S. military, including those with needed medical and language skills, into the U.S. Armed Forces in exchange for expedited U.S. citizenship. The Trump administration froze the program in 2016, and in 2018, the U.S. Army began discharging MAVNI soldiers. Lawsuits have followed. The Army also reportedly accidentally leaked sensitive information on 4,200 immigrant recruits between 2017 and 2018, many from China and Russia, risking interception by their autocratic governments.

Separately, the Pentagon has ordered the armed services to send green card-holding troops to recruit training, following a preliminary injunction in California.

Details: Federal class action litigation updates; summary; Army Times article on data leaks; Stars and Stripes article on training resuming for green card holders

Back to Top

10. New Publications and Items of Interest

Immigrant and Employee Rights webinars. The Department of Justice’s Immigrant and Employee Rights Section is offering free webinars to the public in April. The webinars are for workers, employers, and advocates. For more information or to register, see https://www.justice.gov/crt/webinars.

E-Verify webinars. E-Verify recently made the following announcement: “E-Verify has resumed operations. Given that E-Verify was unavailable for over a month, we ask for your patience as we reinstate the service.” Information is available here. The March 2019 E-Verify webinar calendar is also available. For more on E-Verify, see https://www.e-verify.gov/.

Alliance of Business Immigration Lawyers:

• The latest immigration news is at https://www.abil.com/news.cfm.
• The latest published media releases include:
  • ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs
  • New Data Show Increase in H-1B Denials and RFEs
  • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
  • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
  • ABIL Members Note Immigration Threats for Employers in 2018
• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

Organizations seeking non-lawyer and lawyer volunteers. Cornell Law School has compiled a list of organizations seeking non-lawyer and lawyer volunteers to help migrants in U.S. detention and deportation proceedings. The list, which is updated on an ongoing basis, is here.

Webinars for employers and employees. The Immigrant & Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division will present a series of webinars for employers and employees. For more information, see justice.gov.

Nation of immigrants. Podcasts on U.S. immigration history and what it means to be an immigrant in America:

• • Statutes of Liberty: (new episodes: A Prescription for Success: EB-1 for Physicians; The Best, Brightest, and Backlogged, discusses the backlog, who it affects, how to read the Visa Bulletin, and strategies for EB-1 visas)
  • Code Switch Podcast: What Does It Mean To Be A ‘Nation of Immigrants‘?
  • Hidden Brain: The Huddled Masses and the Myth of America
  • American Pendulum I

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. The advisory is here.
• 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 at lawfareblog.com.

Back to Top

11. ABIL Member / Firm News

Laura Devine Solicitors has won the UK LexisNexis 2019 Award for Wellbeing. The award recognizes the law firm or other legal organization that “has demonstrated the strongest commitment to providing or promoting a working environment that supports the mental and physical health of its staff, members or colleagues and enables them to maintain a healthy balance between their work pressures and home life.” Details

Stephen Yale-Loehr was quoted in several publications regarding President Trump’s threat to close the U.S. border with Mexico:

• CNN: Mr. Yale-Loehr noted that the President would run into problems if he closed the entire border to green card holders and U.S. citizens: “They could argue that doing so violates their First Amendment rights to freedom of association and travel.”
• Univision (Spanish): “Las amenazas de Trump en la frontera y el corte de la ayuda a los países centroamericanos (como castigo por no detener las oleadas de inmigrantes en busca de asilo) pueden ser ilegales y, desde luego, una tontería.”
• Sinclair Broadcast Group, many newspapers: “Any effort to close the U.S.-Mexico border or cut off aid is doomed to failure. It is like stopping funding for cancer research on the theory that fewer cancers will occur. We need more foreign aid, not less, to attack the root conditions of poverty and violence in Central America so fewer people in those countries will flee to the United States.”
• Law360: Mr. Yale-Loehr noted that the first version of President Trump’s travel ban raised similar concerns. If the President issued a narrower proclamation closing the border only for asylum-seekers, they could argue that this violates INA 208(a)(1), which provides that any migrant physically present in the United States or who arrives in the United States, whether or not at a designated port of arrival, can apply for asylum. Available by registering or subscribing.
• USA Today: “We’d be shooting ourselves in the foot by closing the border. It’s like stopping funding for cancer research on the theory that we’ll get fewer cancers.”
• Business Insider: “The legal challenges to a border declaration will depend on what President Trump does. If President Trump closed the border to green card holders and U.S. citizens, they could argue that doing so violates their First Amendment rights to freedom of association and travel.”

Mr. Yale-Loehr was quoted by WENY regarding a failed EB-5 project in upstate New York.

Mr. Yale-Loehr was quoted by Bloomberg Law regarding a 10 percent immigration surcharge proposal in the Trump administration’s budget request to Congress. It “seems minimal,” he noted, but “would have a real detrimental impact on many people who can ill afford these increased filing fees.” He said the surcharge is likely “dead on arrival,” noting that even the Trump administration thinks “that such a change will only occur with congressional approval” and “the Democrats would never agree to this.” Further, he noted, “Some employers already are balking at the high filing fees for needed employees. Adding a 10 percent surcharge will make it even more financially onerous. We may see fewer H-1B petitions being filed as a result.” Available by registering or subscribing.

Mr. Yale-Loehr was quoted by Voice of San Diego in an article about a California county’s asylum policy lawsuit. Mr. Yale-Loehr agreed that the federal government’s failure to follow rulemaking procedures was the county lawsuit’s most potent argument. “I think it’s a good lawsuit and they raise serious allegations. We’ll just have to wait to see which judge they get.”

Back to Top

12. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and 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 State Visa Bulletin

Visa application wait times for any post

Headlines:

1. Trump Administration Plans to Close USCIS International Operations -USCIS Director L. Francis Cissna told senior staff that the agency’s International Operations Division, which operates in more than 20 countries, will be closed down. The duties of those offices will be transferred to U.S. embassies and consulates and to domestic U.S. offices.

2. USCIS Resumes Premium Processing for All H-1B Petitions -USCIS has resumed premium processing for all H-1B petitions as of March 12, 2019. All H-1B petitions may be upgraded to premium processing or filed originally with a request for premium processing.

3. USCIS Releases Notes on H-1B Filing Tips and RFEs -USCIS discussed five common reasons for RFEs on H-1B petitions, among other things, at a March teleconference.

4. Europe to Require Authorization of U.S. Travelers, Not Visas, for Short-Term Travel -Recent news reports erroneously stated that starting in 2021, visas would be required of U.S. travelers entering Europe. In fact, pre-travel automated screening and authorization, but not visas, will be required to check for “security and migration risks” for those benefiting from visa-free access to Schengen area countries, according to the European Commission.

5. SSA Announces New Travel and Border Crossing Records System -The Social Security Administration has announced a new “Travel and Border Crossing Records” system. The new system will collect information about applicants, beneficiaries, and recipients under Titles II, XVI, and XVIII who have had absences from the United States.

6. TPS Designation Extended for South Sudan -The 18-month extension permits current beneficiaries under South Sudan’s TPS designation to re-register for TPS and remain in the United States with work authorization through November 2, 2020.

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

8. ABIL Member / Firm News -ABIL Member / Firm News

9. Government Agency Links -Government Agency Links

Details:

1. Trump Administration Plans to Close USCIS International Operations

According to reports, the Trump administration plans to close international U.S. Citizenship and Immigration Services (USCIS) offices by the end of 2019. USCIS Director L. Francis Cissna told senior staff that the agency’s International Operations Division, which operates in more than 20 countries, will be closed down. The duties of those offices will be transferred to U.S. embassies and consulates and to domestic U.S. offices and the Department of State (DOS), if DOS agrees. USCIS personnel staffing those offices will return to the United States.

DOS said if it reaches such an interagency agreement, “we anticipate a smooth transition and continued efficient processing of USCIS-related work at all of our missions overseas.” DOS has more than 200 posts worldwide.

Director Cissna said in an email to staff that the closures will “better leverage our funds to address backlogs in the United States while also leveraging existing [DOS] resources at post.” He noted that change “can be difficult and can cause consternation. I want to assure you we will work to make this as smooth a transition as possible for each of our USCIS staff while also ensuring that those utilizing our services may continue to do so and our agency operations continue undisrupted.

In addition to helping people apply for immigration benefits, these offices provide assistance in such tasks as helping U.S. citizens and lawful permanent residents, including military personnel abroad, bring family members to the United States or help them apply for U.S. citizenship; international adoptions; refugee resettlement; and immigration fraud investigations.

According to the International Operations (IO) Division’s website, the division’s work includes reuniting families, enabling adoptive children to come to join permanent families in the United States, considering parole requests from individuals outside the United States for urgent humanitarian reasons or significant public benefit, and providing information services and travel documents to people around the world, including those with unique needs and circumstances. “Operating in a dynamic global environment with constantly changing political, cultural, environmental, and socio-economic contexts, IO has approximately 240 employees located in the U.S. and in three international districts composed of 24 field offices in 21 countries. Our employees are highly diverse and include foreign nationals in addition to U.S. citizens; foreign nationals make up more than half of the IO staff working abroad and approximately one-third of all IO employees.”

Immigration advocates expressed concerns about further discouraging immigrants and disengaging the United States from the rest of the world. Barbara Strack, former chief of USCIS’ Refugee Affairs Division, said the closures would “throw [the legal immigration system] into chaos around the world.” She warned that the move would “smack all government employees abroad, including folks in the military, who have a foreign spouse or kids they are trying to bring to the U.S. legally.”

More information about IO

Back to Top

2. USCIS Resumes Premium Processing for All H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B petitions as of March 12, 2019. All H-1B petitions may be upgraded to premium processing or filed originally with a request for premium processing.

In recent years, USCIS has discontinued premium processing for H-1B cap cases in April to allow sufficient time for application of the lottery and receipting-in of selected petitions. Last year, the agency extended the suspension of premium processing well beyond the cap filing season and expanded the suspension to include most H-1B petitions.

In January 2019, premium processing was restored for FY 2019 cap-subject petitions that were filed in April 2018 and remained pending. In February, USCIS resumed premium processing for non-cap H-1B petitions filed before December 21, 2018. Now USCIS has restored premium processing for all H-1B petitions.

It is not clear whether the agency will continue premium processing for all H-1B petitions once H-1B cap petitions are filed in the first week of April. It is possible that USCIS could discontinue premium processing again for H-1B cap petitions or even other types of petitions.

To request an upgrade to premium processing for pending petitions that have received a Request for Evidence (RFE), petitioners should include their request for premium processing, along with the required fee, when submitting the response to the RFE. The USCIS filing fee for premium processing is $1,410, which guarantees action on the petition within 15 calendar days of USCIS’s receiving the request. If USCIS does not take adjudicative action within the 15-day window, the agency refunds the petitioner’s premium processing fee and continues with expedited processing of the petition.

Those who received a transfer notice for a pending H-1B petition and are requesting premium processing service must submit the premium processing request to the service center now handling the petition. They should also include a copy of the transfer notice with the premium processing request to avoid possible delays. If the petition was transferred and the petitioner sends the premium processing request to the wrong center, USCIS will forward it to the petition’s current location. However, the premium processing “clock” will not start until the premium processing request has been received at the correct center.

The USCIS notice, which includes additional details about where to send premium processing requests in the event of a transfer

Back to Top

3. USCIS Releases Notes on H-1B Filing Tips and RFEs

U.S. Citizenship and Immigration Services (USCIS) has released the official minutes from its teleconference on “H-1B Filing Tips and Requests for Evidence (RFEs),” held March 7, 2019.

Among other things, USCIS discussed five common reasons for RFEs on H-1B petitions:

1. Evidence demonstrating that the offered position qualifies as a specialty occupation;
2. Whether the labor condition application properly corresponds to the proffered position in the petition;
3. Evidence of the employer-employee relationship and qualifying work;
4. Evidence of the beneficiary’s qualifications; and

The minutes

Back to Top

4. Europe to Require Authorization of U.S. Travelers, Not Visas, for Short-Term Travel

Recent news reports erroneously stated that starting in 2021, U.S. citizens traveling to Europe will need visas. In fact, pre-travel automated screening and authorization, but not visas, will be required to check for “security and migration risks” for those benefiting from visa-free access to Schengen area countries, according to the European Commission (EC). The “European Travel Information and Authorisation System” (ETIAS) will cross-check visa-exempt travelers, including those from the United States, against European information systems for borders, security, and migration. The automated check is expected to take “minutes” in most cases. The application fee is expected to be about $8.

An EC fact sheet states that an ETIAS travel authorization does not reintroduce visa-like obligations. There is no need to go to a consulate to make an application, no biometric data are collected, and significantly less information is gathered than during a visa application procedure. As a general rule, a Schengen visa procedure can take up to 15 days, and can in some cases be extended up to 30 or 60 days, but the online ETIAS application “only takes a few minutes to fill in. The validity will be for a period of three years, significantly longer than the validity of a Schengen visa. An ETIAS authorisation will be valid for an unlimited number of entries,” the EC states. U.S. travelers staying in Europe for more than 90 days must have a visa.

The Schengen area includes 26 of the 28 European Union (EU) countries, and a few non-EU countries.

A list of countries in the Schengen area

The European Commission’s statement

Additional details

Back to Top

5. SSA Announces New Travel and Border Crossing Records System

The Social Security Administration (SSA) has announced a new “Travel and Border Crossing Records” system. The new system will collect information about applicants, beneficiaries, and recipients under Titles II, XVI, and XVIII who have had absences from the United States.

The SSA noted that currently, the agency relies on individuals to self-report their foreign travel. Often, the SSA said, it does not receive these reports or receives them untimely, which results in improper payments. For example, the SSA noted, in general, it suspends Title II benefits to aliens who remain outside of the United States for more than six consecutive calendar months. It generally suspends Title II benefits to both U.S. citizens and non-U.S. citizens who travel to a country where payment is restricted by the United States. Additionally, the SSA suspends Title XVI payments to both citizen and noncitizen recipients who are outside of the United States for a full calendar month or 30 consecutive days or longer. With regard to Title XVIII, the SSA plans to collect this information to make decisions on Medicare entitlement claims and to make determinations on physical presence in the United States.

The SSA notice

Back to Top

6. TPS Designation Extended for South Sudan

Secretary of Homeland Security Kirstjen M. Nielsen announced on March 8, 2019, the extension of the temporary protected status (TPS) designation for South Sudan for an additional 18 months due to the ongoing armed conflict and “extraordinary and temporary conditions” that support the extension.

There are 84 South Sudan TPS beneficiaries, according to Secretary Nielsen. This 18-month extension of South Sudan’s designation for TPS permits current beneficiaries under South Sudan’s TPS designation to re-register for TPS and remain in the United States with work authorization through November 2, 2020. (The last day of the most recent previous extension is May 2, 2019.) To be eligible for TPS under South Sudan’s current designation, along with meeting the other eligibility requirements, individuals must have continuously resided in the United States since January 25, 2016, and have been continuously physically present in the United States since May 3, 2016.

Secretary Nielsen’s statement

Additional details and official re-registration information will be posted

Back to Top

7. New Publications and Items of Interest

Immigrant and Employee Rights webinars. The Department of Justice’s Immigrant and Employee Rights Section is offering free webinars to the public in April. The webinars are for workers, employers, and advocates. For more information or to register, see https://www.justice.gov/crt/webinars.

E-Verify webinars. E-Verify recently made the following announcement: “E-Verify has resumed operations. Given that E-Verify was unavailable for over a month, we ask for your patience as we reinstate the service.” Information is available here. The March 2019 E-Verify webinar calendar is also available. For more on E-Verify, see https://www.e-verify.gov/.

Alliance of Business Immigration Lawyers:

• The latest immigration news is at https://www.abil.com/news.cfm.
• The latest published media releases include:
  • ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs
  • New Data Show Increase in H-1B Denials and RFEs
  • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
  • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
  • ABIL Members Note Immigration Threats for Employers in 2018
• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

Organizations seeking non-lawyer and lawyer volunteers. Cornell Law School has compiled a list of organizations seeking non-lawyer and lawyer volunteers to help migrants in U.S. detention and deportation proceedings. The list, which is updated on an ongoing basis, is here.

Webinars for employers and employees. The Immigrant & Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division will present a series of webinars for employers and employees. For more information, see justice.gov.

Nation of immigrants. Podcasts on U.S. immigration history and what it means to be an immigrant in America:

• • Statutes of Liberty: (new episodes: A Prescription for Success: EB-1 for Physicians; The Best, Brightest, and Backlogged, discusses the backlog, who it affects, how to read the Visa Bulletin, and strategies for EB-1 visas)
  • Code Switch Podcast: What Does It Mean To Be A ‘Nation of Immigrants‘?
  • Hidden Brain: The Huddled Masses and the Myth of America
  • American Pendulum I

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. The advisory is here.
• 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 at lawfareblog.com.

Back to Top

8. ABIL Member / Firm News

Dagmar Butte will be speaking at the following events:

• AILA Rome Chapter Conference in Berlin, Germany, on April 30, 2019, on the effect of marijuana legalization at the state level on federal immigration law
• Federal Bar Association National Conference in Austin, Texas, on May 17, 2019, on “Fundamentals of Business Immigration Law”
• American Immigration Lawyers Association Annual Conference in Orlando, Florida, on June 19, 2019, on “Changes to Immigration Law Via Trump Administration Memos”
• Chair of Business Track for AILA Annual Conference in Orlando (see above)

Robert Loughran, partner at Foster LLP, recently spoke on a panel in Austin, Texas, at the South by Southwest (SXSW) Conference. “How Foreign Entrepreneurs Thrive in Trump’s America: It’s (Not So) Complicated” focused on the immigration, corporate, and financial/tax implications foreign entrepreneurs face when setting up a business in Texas and the United States in light of the Trump administration’s new immigration policies. More information

Mr. Loughran and Matthew Myers presented on U.S. immigration considerations specific to Japanese investors, companies, and employees, to representatives of 19 Japanese companies visiting San Antonio, Texas, as part of an economic development delegation at a dinner hosted by the San Antonio Economic Development Foundation. The event took place March 7, 2019.

Cyrus Mehta has authored several new blog entries: “The Best Way for Trump to Offer “Love and Sympathy’ is to Repeal the Muslim Ban,” “Advancing a ‘Social Group Plus’ Claim After Matter of A-B-,” and “Trump Administration Imposes Another Unnecessary Obstacle: USCIS to Issue New Version of Form I-539 and New I-539A on March 8.”

Angelo Paparelli has authored a new blog entry, “ ‘Sue the miscreants!’—Challenging Unjust Work-Visa and Green-Card Denials with Flood-the-Zone and Head-Fake Immigration Strategies.”

Stephen Yale-Loehr was quoted by the New York Times in “Ninth Circuit Appeals Court Grants More Protections for Asylum Seekers.” In response to the court’s decision that immigration authorities can no longer swiftly remove asylum seekers who fail an initial screening, Mr. Yale-Loehr said, “This is a historic decision. But the government will surely appeal this to the Supreme Court.” The article

Mr. Yale-Loehr was quoted by CNN in “Meet the Immigrant Who Got a Second Chance from Justice Neil Gorsuch.” The article notes that Justice Gorsuch sided with the Supreme Court’s liberals in invalidating a provision of federal law that requires the mandatory removal of immigrants who have been convicted of some “crimes of violence,” agreeing that the law was unconstitutionally vague. Mr. Yale-Loehr noted that Justice Gorsuch’s vote did not necessarily make him pro-immigrant in every case, as evidenced by some of his other opinions. “But like his predecessor, Justice Scalia, he hates vague laws. This case shows that Congress needs to be more careful when it drafts immigration laws,” Mr. Yale-Loehr said. See CNN for more.

Mr. Yale-Loehr was quoted by Bisnow South Florida in “EB-5 Fund USIF Sued for Racketeering by Representative of Chinese Investors.” The U.S. Immigration Fund bundles foreign money to be loaned to developers for U.S. based projects. The Chicago-based Chinese-American researcher who filed the suit, Xuejun Makhsous, also known as Zoe Ma, alleges that Chinese investors were led to believe that they were backing a five-year loan with a real estate development as collateral, but they were actually purchasing limited partnership interests in a fund not secured by real estate. “It’s an interesting but novel argument. It remains for the court to decide whether it has validity.” The article

Back to Top

9. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and 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 State Visa Bulletin

Visa application wait times for any post

Headlines:

1. USCIS Clarifies Advance Parole Policy When Renewal Application Is Pending -The USCIS Ombudsman reported that the agency has resolved a discrepancy in the application of policy concerning persons with advance parole who recently filed renewal applications and then left the United States.

2. USCIS To Issue New Version of Form I-539 and New I-539A, Effective March 11 -USCIS announced that it has revised Form I-539, Application to Extend/Change Nonimmigrant Status, and is introducing a new Form I-539A, effective March 11.

3. USCIS Now Accepting Copies of Negative P Visa Consultations Directly from Labor Unions -The agency has begun accepting copies of negative consultation letters directly from labor unions relating to current or future P nonimmigrant visa petitions.

4. Applicants Can Now Request Certificates of U.S. Citizenship Online -USCIS announced that applicants can now complete and file online Forms N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.

5. ICE Indicts Eight People for U.S. Student Visa System Violations in Undercover Operation -ICE recently announced three indictments charging eight individuals with conspiracy to commit visa fraud and harboring aliens for profit, following an undercover investigation by ICE’s Homeland Security Investigations. Six of the defendants were arrested in the metropolitan Detroit area. Two others were arrested in Lake Mary, Florida; and Culpeper, Virginia.

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. USCIS Clarifies Advance Parole Policy When Renewal Application Is Pending

The U.S. Citizenship and Immigration Services (USCIS) Ombudsman recently reported that the agency has resolved a discrepancy in the application of policy concerning persons with advance parole who recently filed renewal applications and then left the United States. In some cases, their renewal applications were denied upon their return even when their original advance parole was still valid. The Service Center Operations Directorate was issuing denials but the Field Operations Directorate still approved renewal applications where the applicants had traveled abroad as long as they returned to the United States with previously approved and still valid advance parole documents, the Ombudsman explained. USCIS has now clarified its policy.

The Ombudsman noted that USCIS adjudicators are now consistently using information from the Arrival and Departure Information System, which identifies those who file advance parole applications and then leave the United States. That was triggering denials under USCIS regulations, stating that “if you leave the U.S. during the pendency of the application you will be deemed to have abandoned it.”

In practice, there were inconsistencies in the way USCIS was enforcing those instructions, as noted above. Furthermore, the Ombudsman noted, “there were practical implications to the new practice of denying these renewals for advance parole.” In many cases, applicants re-filed their parole applications, in many cases without a fee, resulting in more work for USCIS. In addition, if an individual did not receive a decision on the re-filed advance parole application before a planned trip, the applicant often would appear at a local USCIS field office to apply for emergency advance parole. “In the end, therefore, USCIS was expending substantial resources to deny and re-adjudicate parole applications for: (1) individuals who it had already determined were eligible for an original advance parole document; and (2) were in fact traveling with authorization under the original parole document that was still valid upon return.”

The Ombudsman said it met numerous times with USCIS over the course of a year to discuss these issues, and that the Ombudsman “made the case that the denials, while authorized by law, did not make operational sense and did not in reality further the spirit of the policy encapsulated by the instructions.” The Ombudsman said that USCIS Director Francis Cissna reversed course in November 2018. The USCIS statement, “Emergency Travel,” on its website now states, “At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved [advance] parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.”

The Alliance of Business Immigration Lawyers (ABIL) noted that although USCIS has announced it will no longer deny pending advance parole applications if an individual travels on an unexpired advance parole while the new parole application is pending, this does not address what happens to those who travel on an H or L visa while an advance parole application is pending. Based on the wording of the USCIS announcement, it appears that advance parole applications will still be denied if an individual travels on an H or L visa. ABIL noted that anecdotal evidence, although limited at this time, indicates that this is the current practice at USCIS. Attempts to obtain clarification from USCIS have not yet received a response.

The USCIS’s “Emergency Travel” statement. The Ombudsman disseminated this news via email on February 8, 2019.

Back to Top

2. USCIS To Issue New Version of Form I-539 and New I-539A, Effective March 11

U.S. Citizenship and Immigration Services (USCIS) announced on February 11, 2019, that it has revised Form I-539, Application to Extend/Change Nonimmigrant Status, and is introducing a new Form I-539A. The revised and new forms will be required for filings on and after March 11, 2019.

Form I-539 is used for a variety of application types, including:

• Certain nonimmigrant applications for an extension of stay
• Certain nonimmigrant applications for a change of status
• Reinstatement for F-1 and M-1 students

Based on prior drafts of the form and its information collection review, it appears that USCIS has expanded the scope of information to be gathered and will change the filing and adjudication requirements significantly. Below are highlights:

Biometrics and personal appearance requirement. The first major change involves in-person collection of biometrics (fingerprints, photograph, and signature). Generally, biometrics have only been collected for permanent status applications, and not for the temporary status applications processed on Form I-539. As of March 11, 2019, all new I-539 and I-539A (more about the I-539A below) applicants must be photographed and fingerprinted at the nearest USCIS Application Support Center (ASC). After filing, every applicant and co-applicant, regardless of age, will receive a biometric services appointment notice in the mail.

New Form I-539A created for co-applicants. The second major change is the procedure to be followed when there are multiple people filing together, such as a parent (“primary applicant”) and one or more children (“co-applicants”). Currently, the primary applicant completes and signs the I-539 and identifies each co-applicant on the form’s Supplement A. The form only requires the signature of the primary applicant and there is one filing fee (currently $370).

Starting March 11, a newly created form, the I-539A, must be completed for each individual co-applicant and submitted with the primary applicant’s I-539. Each co-applicant must sign his or her respective I-539A. (Parents can continue to sign the forms for children under 14 years of age.)

Fee increase for biometrics. Because biometrics will be collected with the application, an additional $85 biometrics fee will be charged per I-539 and I-539A applicant. A typical family consisting of an H-4 spouse and two minor H-4 children will have to pay $625 ($370 filing fee plus three $85 biometrics fees) to extend nonimmigrant status.

(Certain nonimmigrant applications already require biometrics and payment of the fee when filing the I-539, i.e., V nonimmigrants and CNMI applications. Those procedures and costs will remain unchanged.)

Premium processing. USCIS did not address premium processing with respect to the agency’s proposed handling of I-539/I-539A applications accompanying principal applications (such as
H-4 applications filed with a premium-processed H-1B petition). In the past, the USCIS generally processed such dependent I-539 applications on an expedited basis so the family members’ status would be adjudicated and updated together. The new biometrics requirement likely will mean that dependent I-539 and I-539A applications will no longer be moved along in lockstep with a principal’s premium-processed nonimmigrant petition.

Identifying the form edition. How can you tell which form you have? The form edition information is in the bottom left corner of the form. The current edition of the I-539 available on the USCIS website is the 12/23/16 edition. This is identified by the following notation in the bottom left corner of each page of the form: “Form I-539 12/23/16 N.”

The new edition of the I-539, the new I-539A, and their respective instructions will be identified by “02/04/19” in the bottom left corner of each page.

Effective date: March 11, 2019. Applicants must use the 02/04/19 edition of the I-539 and must begin using the I-539A for co-applicants on March 11, 2019, although the agency currently states that it will not release the form to the public until that date. It is hoped that USCIS might delay the effective date to avoid the disruption that would result from such an accelerated implementation date.

The USCIS announcement

Back to Top

3. USCIS Now Accepting Copies of Negative P Visa Consultations Directly from Labor Unions

U.S. Citizenship and Immigration Services (USCIS) said that effective February 8, 2019, the agency has begun accepting copies of negative consultation letters directly from labor unions relating to current or future P nonimmigrant visa petitions. USCIS noted that a consultation letter from a U.S. labor organization is generally required for petitions in the P visa classification, which covers athletes, artists, entertainers, and their essential support personnel.

Typically, a petitioner submits the necessary P visa consultation with the petition, and that process requirement remains unchanged. After reported concerns from labor unions that some consultation letters, also known as advisory opinions, may have been falsified by petitioners and submitted to USCIS as no-objections or favorable consultations, when in fact they were negative, USCIS announced that it would begin accepting copies of negative consultation letters for O visa petitions. USCIS is now expanding this to P visa petitions, and labor unions can send copies of negative O or P visa petition consultation letters directly to USCIS so that they can be compared to the consultation letter submitted by the O or P petitioner.

P nonimmigrant visas are available for individuals coming to the U.S. temporarily to:

• Perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance (P-1A). P athletes include:

• • Internationally recognized athletes
  • Certain professional athletes, certain amateur athletes or coaches, and professional or amateur athletes performing in a theatrical ice skating production under the COMPETE Act

• Perform as a member of an entertainment group that has been recognized internationally as outstanding in its discipline for a sustained and substantial period of time (P-1B);
• Perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country (P-2); or
• Perform, teach, or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique (P-3).

USCIS said labor unions should send copies of negative P nonimmigrant consultation letters to UnionConsultationMailbox@uscis.dhs.gov. Unions should only send copies of negative consultation letters for O and P petitions to that emailbox. To ensure USCIS matches the consultation letters to the appropriate petitions, labor unions should include each beneficiary’s name and the last five digits of the beneficiary’s passport number on the consultation letters.

The USCIS announcement

Back to Top

4. Applicants Can Now Request Certificates of U.S. Citizenship Online

U.S. Citizenship and Immigration Services (USCIS) announced that applicants can now complete and file online Forms N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.

Applicants can file Form N-600 to obtain a Certificate of Citizenship for themselves or their minor children if they:

• Were born abroad and are claiming U.S. citizenship at birth through their parents; or
• Automatically became a U.S. citizen after birth, but before they turned 18 years old.

Applicants can file Form N-600K if they regularly reside in a foreign country and want to claim U.S. citizenship based on their parents. Applicants must secure lawful admission to the U.S. to complete Form N-600K processing. Children of U.S. service members have separate requirements for naturalization under INA Section 322.

Other forms available for online filing include:

• Form I-90, Application to Replace Permanent Resident Card;
• Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings;
• Form N-400, Application for Naturalization; and
• Form N-565, Application for Replacement Naturalization/Citizenship Document.

Additional information is available

Back to Top

5. ICE Indicts Eight People for U.S. Student Visa System Violations in Undercover Operation

U.S. Immigration and Customs Enforcement (ICE) recently announced three indictments charging eight individuals with conspiracy to commit visa fraud and harboring aliens for profit, following an undercover investigation by ICE’s Homeland Security Investigations (HSI). Six of the defendants were arrested in the metropolitan Detroit area. Two others were arrested in Lake Mary, Florida; and Culpeper, Virginia.

According to the indictments, from approximately February 2017 through January 2019, the defendants, a group of foreign citizens, conspired with each other and others to facilitate hundreds of foreign nationals in illegally remaining and working in the United States by actively recruiting them to enroll in a metro Detroit private university that, unbeknownst to the conspirators, was operated by HSI special agents as part of an undercover operation. As part of the scheme, ICE said, the defendants/recruiters assisted foreign citizen “students” in fraudulently obtaining immigration documents from the school and facilitated the creation of false student records, including transcripts, to deceive immigration authorities. The documents obtained as a result of the conspirators’ actions were based on false claims, false statements and fraud, ICE said, since the purported foreign students had no intention of attending school, did not attend a single class, and were not bona fide students. All participants in the scheme knew that the school had no instructors or actual classes, the agency said. “The defendants intended to help shield and hide their customers/’students’ from United States immigration authorities for money and collectively profited in excess of a quarter of a million dollars as a result of their scheme,” ICE noted. If convicted, the defendants face a statutory maximum penalty of five years in federal prison.

The ICE announcement

Back to Top

6. New Publications and Items of Interest

E-Verify webinars. Free E-Verify webinars are available by registering here. Upcoming topics include an E-Verify overview, E-Verify for existing users, Form I-9, myE-Verify, and information for federal contractors.

Alliance of Business Immigration Lawyers:

• The latest immigration news is at https://www.abil.com/news.cfm.
• The latest published media releases include:
  • ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs
  • New Data Show Increase in H-1B Denials and RFEs
  • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
  • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
  • ABIL Members Note Immigration Threats for Employers in 2018
• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

Organizations seeking non-lawyer and lawyer volunteers. Cornell Law School has compiled a list of organizations seeking non-lawyer and lawyer volunteers to help migrants in U.S. detention and deportation proceedings. The list, which is updated on an ongoing basis, is here.

Webinars for employers and employees. The Immigrant & Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division will present a series of webinars for employers and employees. For more information, see justice.gov.

Nation of immigrants. Podcasts on U.S. immigration history and what it means to be an immigrant in America:

• • Statutes of Liberty: (new episode: A Prescription for Success: EB-1 for Physicians)
  • Code Switch Podcast: What Does It Mean To Be A ‘Nation of Immigrants‘?
  • Hidden Brain: The Huddled Masses and the Myth of America
  • American Pendulum I

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. The advisory is here.
• 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 at lawfareblog.com.

Back to Top

7. ABIL Member / Firm News

Robert Aronson and Debra Schneider, of Fredrikson & Byron, P.A., have co-authored “A Bridge Over Troubled Waters: The High-Skilled Worker Rule and Its Impact on Employment-Based Immigration,” published in 44 Mitchell Hamline L. Rev. 935-969 (2018) and available here.

A Forbes article quotes Dagmar Butte, Vic Goel, and William Stock. The article discusses how the combination of denials, long wait times, and suspension of premium processing is making it more difficult for H-1B professionals to change jobs. It concludes that the administration’s policies have made employers, H-1B professionals, and U.S. workers all worse off. The article: “U.S. Policies Harming Labor Mobility of H-1B Professionals.”

Charles Foster and John Meyer, chairman and partner, respectively, at Foster LLP, attended the EB-5 & Uglobal Immigration Expo hosted by EB-5 Investors Magazine on February 11, 2019, in Dubai, United Arab Emirates. Mr. Foster presented an overview of the EB-5 Immigrant Investor Program and its latest developments to representatives of leading EB-5 regional centers, migration agencies, and potential investors. More information

Mr. Foster delivered the keynote address at the immigration seminar, “Struggling With Your Immigration Status: Is Canada a Solution?,” hosted by The Aga Khan Economic Planning Board and Indo-American Chamber of Commerce of Greater Houston on December 15, 2018, in Houston, Texas. Mr. Foster spoke about the EB-5 Investment Program as a possible alternative to the H-1B visa backlog. More information on this event

Mr. Meyer was a guest speaker for “Investing and Doing Business in Texas,” an event hosted by Invierta en USA on January 30, 2019, in Mexico City, Mexico. Mr. Meyer spoke about the EB-5 Immigration Investor Program concerning how to obtain business and investment visas to immigrate to the United States. The audience included Mexican entrepreneurs who want to invest in, establish, and expand businesses in Texas. More information

Anu Nair, of Klasko Immigration Law Partners, LLP, served as a panelist for “U.S. Immigration and IRS Update,” a Business After Hours event sponsored by Gray Robinson Attorneys at Law and hosted by the Indian American Chamber of Commerce on January 15, 2019, in Orlando, Florida. She provided an overview of the EB-5 Immigrant Investor Program and spoke on the latest developments. She included an update on the impending visa backlog for Indian foreign nationals. More information

Charles Kuck is the attorney for Grammy-nominated rapper 21 Savage, whose real name is She’yaa Bin Abraham-Joseph. Mr. Abraham-Joseph, who was born in England in 1992 and has been living in the United States since the age of seven, was detained recently on immigration charges by U.S. Immigration and Customs Enforcement (ICE) in Atlanta, Georgia. Mr. Kuck was quoted by Reuters in “Rapper 21 Savage Being Held Unfairly, Attorneys Claim.” Mr. Kuck noted that “ICE has not charged Mr. Abraham-Joseph with any crime. As a minor, his family overstayed their work visas, and he, like almost two million other children, was left without legal status through no fault of his own.” He said, “This is a civil law violation, and the continued detention of Mr. Abraham-Joseph serves no other purpose than to unnecessarily punish him and try to intimidate him into giving up his right to fight to remain in the United States.” Mr. Kuck also said that ICE was refusing to release his client on bond based on “incorrect information about prior criminal charges.”

The Reuters article

Additional details of Mr. Abraham-Joseph’s case:

• Statement
• New York Times
• The New Yorker
• Time
• Rolling Stone

Stephen Yale-Loehr was quoted by the Cornell Daily Sun in “Tompkins County Deputy Called ICE to Report Mexican Man in U.S. Illegally, Drawing Sheriff’s Ire.” Mr. Yale-Loehr said, “I agree that it is a close call, but the county resolution explicitly states that nothing in the resolution bars a sheriff’s officer from sending a statement of a person’s immigration status to federal immigration authorities.” The article

Back to Top

8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and 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 State Visa Bulletin

Visa application wait times for any post

Headlines:

1. Begin Work on H-1B Petitions Now, ABIL Attorneys Urge; H-1B Tips for Employers -Employers should assess their need for H-1B employees and begin working on their H-1B petitions now. Filing season is expected to open April 1, 2019, for FY 2020 cap-subject H-1B visas.

2. DOL’s iCERT System Crashed on January 1, Preventing H-2B Application E-Filings -The iCERT website crashed early on January 1, 2019, preventing employers from e-filing their application packets for the 33,000 H-2B visas with an April 1, 2019, start date for temporary nonagricultural H-2B workers.

3. USCIS Launches New Online Fee Calculator -The Online Fee Calculator will determine the exact filing and biometric fees to include with forms and “will always have the most up-to-date fee information,” the agency said.

4. State Dept. Releases Outlook for Visa Number Availability Through May -The Visa Bulletin for February 2019 includes information on employment-based visa number availability on a monthly basis through May.

5. Interview Waiver Guidance Revised for Petitions to Remove Conditions on Residence -The new guidance addresses when officers may consider interview waivers.

6. State Dept. Issues Travel Advisory for China -The Department of State warned U.S. citizens to exercise increased caution when traveling to China due to “arbitrary enforcement of local laws as well as special restrictions on dual U.S.-Chinese nationals.” The travel advisory states that Chinese authorities have asserted broad authority to prohibit U.S. citizens from leaving China by using “exit bans,” sometimes “keeping U.S. citizens in China for years.”

7. USCIS Terminates Categorical Parole Programs for Certain Individuals Present in CNMI -The termination affects USCIS parole programs for immediate relatives of U.S. citizens and certain stateless individuals in CNMI; CNMI permanent residents, immediate relatives of CNMI permanent residents, and immediate relatives of citizens of the Freely Associated States (Federated States of Micronesia, Republic of the Marshall Islands, or Palau); and certain in-home foreign worker caregivers of CNMI residents.

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. Begin Work on H-1B Petitions Now, ABIL Attorneys Urge; H-1B Tips for Employers

Alliance of Business Immigration Lawyers (ABIL) attorneys recommend that employers assess their need for H-1B employees and begin working on their H-1B petitions now. Filing season is expected to open April 1, 2019, for fiscal year (FY) 2020 cap-subject H-1B visas. Annual demand typically far outstrips availability, so the visas are snapped up immediately.

ABIL recommends the following ways for employers to maximize their H-1B chances:

• Apply based on a master’s degree from a U.S. nonprofit university as long as all degree requirements were completed before April 1
• Ensure a close match between the course of study and job duties
• Apply concurrently for optional practical training (OPT) or STEM OPT and H-1B
• Apply for “consular notification,” not change of status, to preserve OPT if OPT lasts beyond October 1
• Apply for “change of status” if OPT expires before October 1 to preserve work eligibility under “cap gap” policy, but avoid travel
• Choose O*NET code and wage level carefully
• If more than one field of study could qualify a person for the position, explain task by task how the position requires the education
• Be careful of Level 1 wages. Instead, obtain an acceptable prevailing wage from a legitimate source other than the Department of Labor, offer to pay a higher wage from the outset, or explain why this particular job is both entry level and qualifies as a “specialty occupation”
• Consider other visa options if your employee is not selected in the H-1B lottery
• Check the USCIS website for changes to form, fee, and filing location

The Department of Homeland Security (DHS) published a notice of proposed rulemaking on December 3, 2018, that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with USCIS during a designated registration period. USCIS said the proposed rule would also reverse the order by which the agency selects H-1B petitions under the H-1B cap and the advanced degree exemption, with the goal of increasing the number of beneficiaries with master’s or higher degrees from U.S. institutions of higher education to be selected for H-1B cap numbers and introducing “a more meritorious selection of beneficiaries.” It is unclear, however, if the rule will be finalized and implemented in time for the start of the
H-1B filing season on April 1.

Contact your local ABIL attorney for advice and help with preparing H-1B petitions.

The proposed rule published in December 2018

Back to Top

2. DOL’s iCERT System Crashed on January 1, Preventing H-2B Application E-Filings

The Department of Labor’s (DOL) iCERT website crashed early on January 1, 2019, preventing employers from e-filing their application packets for the 33,000 H-2B visas with an April 1, 2019, start date for temporary nonagricultural H-2B workers. Employers and their attorneys reported working late on New Year’s Eve to be able to submit their applications at midnight ET, only to be thwarted repeatedly while hitting “submit.”

DOL subsequently posted the following iCERT announcement:

IMPORTANT ANNOUNCEMENT:

We sincerely apologize for the major service interruption in the iCERT System early in the morning of January 1, 2019. Due to overwhelming filing demand, the Department’s technology staff is working diligently to investigate the cause of the system outage and has temporarily taken the iCERT System down for the remainder of January 1st and until further notice. The Department will provide another update on the status of the iCERT System around 12:00PM EST, January 2nd, and separate advance public notice regarding when the iCERT System will be operational once again.

DOL’s Office of Foreign Labor Certification (OFLC) announced on January 7, 2019, that the system was back up as of 2 p.m. ET that day.

OFLC announced on January 8, 2019, that it had received approximately 5,276 H-2B applications covering more than 96,400 worker positions, which was nearly three times greater than the 33,000 semiannual visa allotment for fiscal year 2019. To process this “significant surge,” OFLC said it would sequentially assign H-2B applications to analysts based on the calendar date and time on which the applications were received, measured to the millisecond.

On January 11, 2019, OFLC posted the following additional announcements:

The Department has received questions about the difference between timestamps displayed in iCERT and timestamps contained in emails confirming the submission of applications. When an applicant submits an application, the system generates a courtesy email to the applicant which confirms the submission. The date and time in the courtesy email, however, does not represent the official date and time of the applicant’s submission. Rather, it indicates the time at which the email was generated. To reiterate, the official date and time of each application may be viewed in the applicant’s H-2B Portfolio Screen through the applicant’s iCERT system account.

The Department undertook an after-action analysis of the iCERT system’s January 7, 2019 performance. Through a review of the data logs, the Department has determined that 186 applicants submitted the same application more than once in the iCERT system. Because the iCERT database overwrites the previous date and time stamp when a new submission is made, the official date and time saved in the iCERT database is the date and time of the final submission. For these 186 applications, the Department was able to determine the time of the first submission down to the second. For the 152 applicants with multiple submissions within the same second, the final time stamp to the millisecond is reflected in the official date and time. In the remaining 34 cases, the submissions were made outside of the same second. Those applications are now at the first submission’s second. These time stamps are reflected in the official receipt date and time that may be viewed on the H-2B Portfolio Screen through an iCERT system account.

Some users received an outage banner which delayed or blocked access to the H-2B page in the iCERT system. To increase processing capacity on January 7, 2019, the Department scaled up iCERT infrastructure to 50 load-balanced servers. One of the pathways to these servers did not allow access to the iCERT’s H-2B module system at the 2:00 p.m. EST opening of the system, and for approximately two and [a] half hours thereafter. All iCERT users were randomly assigned to a server at log-on as per a standard load-balancing algorithm. As a result, users assigned to this particular pathway experienced the outage banner and may have been delayed from getting into iCERT’s H-2B module.

In addition, the Department received questions regarding whether there was a restoration of data due to data corruption. There was no restoration of data from back-up and no data corruption found connected to the system disruption of January 1, 2019.

The Department was notified that some applicants were missing certain required data or attachments from their applications. As per standard practice, applicants are encouraged to log into their iCERT accounts and verify that their applications are complete and accurate. If any attachments are missing, applicants may upload them at any time. If any required data fields on the ETA-9142B are missing or inaccurate, applicants may contact the Office of Foreign Labor Certification (OFLC) help desk at tlc.chicago@dol.gov and provide the relevant H-2B case number and explain the necessary corrections.

In light of the unprecedented demand for H-2B labor certifications, the Department is considering rulemaking changing the process by which applications are ordered for processing, including randomization and other methods. In the interim, the Department welcomes comments and suggestions from the public on these matters. Comments and suggestions should be directed to … H2BReform.Comments@dol.gov.

Some attorneys said the agency had been warned in advance about the capacity issue, and that lawsuits were pending.

The iCERT system

OFLC’s announcements

Back to Top

3. USCIS Launches New Online Fee Calculator

U.S. Citizenship and Immigration Services (USCIS) has launched the Online Fee Calculator to assist in calculating the correct fee amount to include when filing forms with USCIS at an agency Lockbox facility.

USCIS said it developed the new Online Fee Calculator to help reduce the number of applications rejected due to incorrect fee amounts. Fee issues, including incorrect fee amounts, are consistently a leading cause of rejection. For applications that require fees, USCIS rejects forms submitted with an incorrect payment amount. The Online Fee Calculator will determine the exact filing and biometric fees to include with forms and “will always have the most up-to-date fee information,” the agency said.

When using the Online Fee Calculator, filers select a form or combination of forms and answer a series of questions. The calculator then calculates the correct fee amount that the filer must submit.

USCIS said the Online Fee Calculator works on all browsers and on both desktop and mobile devices. To protect privacy, the agency noted, “it does not collect user data.”

For forms filed at Lockbox facilities, USCIS accepts payment via check, money order, or credit card with Form G-1450, Authorization for Credit Card Transactions.

The Online Fee Calculator

The USCIS announcement

More information on payment at the USCIS webpage on paying USCIS fees

G-1450 is available

Back to Top

4. State Dept. Releases Outlook for Visa Number Availability Through May

The Department of State’s Visa Bulletin for the month of February 2019 notes the following with respect to employment-based visa number availability on a monthly basis through May:

EMPLOYMENT-based categories (potential monthly movement)

Employment First:

WORLDWIDE (most countries): Up to two months.
China and India: Up to one month.

Employment Second:

Worldwide: Current for the foreseeable future.
China: Up to three months.
India: Up to one week

Employment Third:

Worldwide: Current
China: Up to three weeks.
India: Up to three months.
Mexico: Current
Philippines: Rapid movement to generate demand.

Employment Fourth: Current for most countries.

El Salvador, Guatemala, and Honduras: Up to one week.
Mexico: Rapid forward movement until limit is reached.

Employment Fifth: The category will remain “Current” for most countries.

China-mainland born: Up to one week.
Vietnam: Up to three weeks.

The above final action date projections for the [employment-based category] indicate[s] what is likely to happen on a monthly basis through May. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables. It is also important to remember that by no means has every applicant with a priority date earlier than a prevailing final action date been processed for final visa action, with applicants often processing at their own initiative and convenience.

The Visa Bulletin for February 2019

Back to Top

5. Interview Waiver Guidance Revised for Petitions to Remove Conditions on Residence

U.S. Citizenship and Immigration Services (USCIS) has released a policy memorandum revising interview waiver guidance for Form I-751, Petition to Remove Conditions on Residence. The guidance applies to all USCIS officers adjudicating Forms I-751, and supersedes previous guidance issued in 2005. The memo explains that in general, officers must interview a conditional permanent resident who has obtained lawful permanent resident status on a conditional basis and who is the principal petitioner on an I-751, unless the interview is waived. The new guidance addresses when officers may consider interview waivers.

The memo explains that USCIS officers may consider waiving an interview if they are satisfied that:

• They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States;
• For Form I-751 cases received on/after December 10, 2018, USCIS has previously interviewed the I-751 principal petitioner (for example, for a Form I-485 or Form I-130);
• There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
• There are no complex facts or issues that require an interview to resolve questions or concerns.

When determining whether to waive an interview, the considerations listed above apply regardless of whether the I-751 is filed as a joint petition or as a waiver of the joint filing requirement, the memo states. Cases involving fraud or national security concerns must be referred to the Fraud Detection and National Security Directorate according to local procedures.

The memo, which includes additional information

Back to Top

6. State Dept. Issues Travel Advisory for China

The Department of State warned U.S. citizens on January 3, 2019, to exercise increased caution when traveling to China due to “arbitrary enforcement of local laws as well as special restrictions on dual U.S.-Chinese nationals.” The travel advisory states that Chinese authorities have asserted broad authority to prohibit U.S. citizens from leaving China by using “exit bans,” sometimes “keeping U.S. citizens in China for years.”

The travel advisory states that China uses exit bans coercively to compel U.S. citizens to participate in Chinese government investigations, to lure individuals back to China from abroad, and to aid Chinese authorities in resolving civil disputes in favor of Chinese parties. In most cases, U.S. citizens become aware of the exit ban only when they attempt to leave China, the advisory states, and there is no way to find out how long the ban may continue. “U.S. citizens under exit bans have been harassed and threatened,” the advisory notes.

The advisory warns that U.S. citizens may be detained without access to U.S. consular services or information about their alleged crimes. U.S. citizens may be subjected to prolonged interrogations and extended detention for reasons related to “state security.” Security personnel may detain and/or deport U.S. citizens for sending private electronic messages critical of the Chinese government.

The advisory also notes that China does not recognize dual nationality. U.S.-Chinese citizens and U.S. citizens of Chinese heritage may be subject to “additional scrutiny and harassment,” and China may prevent the U.S. Embassy from providing consular services, the advisory states.

Among other things, the advisory recommends that those traveling to China enter on their U.S. passports with a valid Chinese visa; enroll in the Smart Traveler Enrollment Program; and have a contingency plan.

The advisory, which includes additional information

Back to Top

7. USCIS Terminates Categorical Parole Programs for Certain Individuals Present in CNMI

Effective immediately, the categorical Commonwealth of the Northern Mariana Islands (CNMI) parole programs are terminated. This affects USCIS parole programs for immediate relatives of U.S. citizens and certain stateless individuals in CNMI; CNMI permanent residents, immediate relatives of CNMI permanent residents, and immediate relatives of citizens of the Freely Associated States (Federated States of Micronesia, Republic of the Marshall Islands, or Palau); and certain in-home foreign worker caregivers of CNMI residents.

After any parole authorized through these programs expires, USCIS will not renew that parole. Although USCIS will not otherwise authorize re-parole under these programs, it will allow a transitional parole period and extension of employment authorization (if applicable) for up to 180 days for affected individuals, with parole not extending beyond June 29, 2019. The transitional parole period of up to 180 days “will help ensure an orderly wind-down of the programs and provide an opportunity for individuals to prepare to depart or seek another lawful status,” USCIS said.

Current parolees who have requested an extension of parole from USCIS will receive a letter granting an additional 180 days of transitional parole, unless there is a specific reason to deny the request as determined on a case-by-case basis, USCIS said. For those parolees with an Employment Authorization Document (EAD) expiring at the same time as their parole, that letter and the EAD will serve as evidence of identity and work authorization for employment eligibility verification (Form I-9) purposes during the 180-day period.

USCIS will also issue a new EAD valid for the duration of the re-parole period to those parolees who request an extension of parole. The new EAD will be issued automatically upon approval for the period of re-parole, and no new employment authorization application or fee will be required, the agency said. Current parolees with upcoming expiration dates who have not yet requested an extension of parole, and who desire to receive the additional period of transitional parole, should request such transitional parole “as soon as possible.”

The USCIS announcement

Information on eligibility requirements and how to complete a request

Back to Top

8. New Publications and Items of Interest

Refugee/asylee flyer. The Department of Justice’s Immigrant and Employee Rights Section (IER) recently updated an informational flyer providing refugees and asylees with information on the Form I-9 work authorization verification process and how to get help from IER for possible related discrimination. The flyer is available in Amharic, Arabic, Armenian, Burmese, English, Farsi, French, Karen, Kayah, Nepali, Russian, Simplified Chinese, Somali, Spanish, Swahili, Tigrinya, Ukrainian, and Urdu. See Dept. of Justice for more information. Under “IER Publications,” scroll down to “Information for Refugees and Asylees About the Form I-9” for links to the flyer in various languages. The English flyer is also available.

E-Verify webinars. Free E-Verify webinars are available by registering here. Upcoming topics include an E-Verify overview, E-Verify for existing users, Form I-9, myE-Verify, and information for federal contractors.

Webinars for employers and employees. The Immigrant & Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division is presenting webinars for employers and employees. The next webinar is on employers/HR representatives (November 23, 2018). More information here.

Alliance of Business Immigration Lawyers:

• The latest immigration news is at https://www.abil.com/news.cfm.
• The latest published media releases include:
  • ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs
  • New Data Show Increase in H-1B Denials and RFEs
  • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
  • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
  • ABIL Members Note Immigration Threats for Employers in 2018
• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

Organizations seeking non-lawyer and lawyer volunteers. Cornell Law School has compiled a list of organizations seeking non-lawyer and lawyer volunteers to help migrants in U.S. detention and deportation proceedings. The list, which is updated on an ongoing basis, is here.

Webinars for employers and employees. The Immigrant & Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division will present a series of webinars for employers and employees. For more information, see justice.gov.

Nation of immigrants. Podcasts on U.S. immigration history and what it means to be an immigrant in America:

• • Statutes of Liberty: (new episode: A Prescription for Success: EB-1 for Physicians)
  • Code Switch Podcast: What Does It Mean To Be A ‘Nation of Immigrants‘?
  • Hidden Brain: The Huddled Masses and the Myth of America
  • American Pendulum I

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. The advisory is here.
• 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 at lawfareblog.com.

Back to Top

9. ABIL Member / Firm News

Cyrus Mehta authored a new blog entry, “Trump Can Provide a Potential Path to Citizenship for H-1B Visa Holders.”

Stephen Yale-Loehr was quoted by several media outlets on possible upcoming Supreme Court cases:

• “Will The Supreme Court Fast-Track Cases Involving Trump?,” published by 538.com. Commenting on the ongoing litigation over Deferred Action for Childhood Arrivals (DACA), Mr. Yale-Loehr said it would be somewhat unusual for the high court to intervene at this stage. He added that the DACA case lacks the “immediacy” of the travel ban case, where thousands of people were being prevented from entering the country, so there’s not the same sense of urgency for the Supreme Court to act. The article is available here.
• “Major Immigration Cases Ahead In 2019,” published by Law360. Mr. Yale-Loehr said that the U.S. Supreme Court’s decision earlier this year in Trump v. Hawaii upholding the president’s travel ban could have an impact on litigation over the recent asylum policy as it circulates through the appellate courts. “If this case goes to the Supreme Court, the court will have to decide the scope and possible limits of its travel ban decision,” he said. The article is at Law360 (available by registration).

Mr. Yale-Loehr was quoted in “Sanctuary Policies Criticized Again After Officer’s Slaying. Here’s a Look at the Issues,” published by the San Francisco Chronicle. Commenting on whether police and sheriffs’ deputies ask about immigration status when making an arrest, Mr. Yale-Loehr said that varies among police departments and individual officers in California and elsewhere. If a suspected drunken driver lacked a license, for example, “or the driver’s license looked fishy, or the individual looked or sounded foreign,” some officers might contact U.S. Immigration and Customs Enforcement to ask about the individual’s legal status, he said.

Mr. Yale-Loehr was quoted in “What Did Donald Trump’s Tweet About H-1B Visas Mean?,” published by Forbes. He said that sometimes people can read too much into President Trump’s tweets and statements. He advised people to focus instead on concrete policy actions. “This tweet runs counter to what the administration has actually done against H-1B workers. Ever since the President issued his ‘Buy American and Hire American’ executive order in April 2017, U.S. Citizenship and Immigration Services (USCIS) has made it harder for employers to hire H-1B workers and to keep them.” He noted a National Foundation for American Policy report that showed a 41% increase in denials of H-1B petitions in the 4th quarter of FY 2017. “Just last week, a company sued USCIS in federal court after the agency denied a company’s extension request for an H-1B employee, even though the agency had approved four H-1B petitions before for the same person in the same job. In effect, the President has built an invisible wall against H-1B workers. Given all that, why should we believe this apparent about-face? Even if President Trump is serious about making it easier for H-1B workers to stay permanently in the United States, his administration cannot do that unilaterally. Congress would have to pass a law.” He pointed out that Congress is divided on immigration issues, making this type of reform, particularly in isolation, difficult to picture in the current environment.

Back to Top

10. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and 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 State Visa Bulletin

Visa application wait times for any post