The Ninth Circuit Court of Appeals has ruled to allow President Donald Trump’s latest travel ban proclamation to go into effect – at least in part.
Articles Discussing Employing Immigrants.
Insights: Responding to Temporary Protected Status Extensions and Terminations
Having terminated Temporary Protected Status (TPS) for Guinea, Liberia, and Sierra Leone in May 2017 and having announced the limited extension of TPS for Haiti and Sudan until January and November 2018, respectively, the Trump Administration has turned its attention to Central America.
Employers Should Prepare Now for Increased ICE Enforcement
Increased immigration enforcement and a reduction in illegal entry into the United States remain among the Trump administration’s highest priorities. Notably, Acting ICE Director Thomas Homan has reportedly ordered Homeland Security Investigations (ICE’s investigative arm) to increase its worksite enforcement actions by “four or five times” in the new fiscal year.1 In the past, ICE conducted worksite raids to arrest employees who lacked work authorization in the United States. While worksite raids have not yet occurred under this administration, they are expected to return soon, this time targeting aggressively both employers and employees.
Do Not Respond to Emails Requesting I-9 Information
The USCIS has issued the following notice regarding scam emails requesting I-9 information
Mandatory E-Verify under Consideration in Congress
Every employer in the United States would be required to use E-Verify to determine whether employees are authorized to work if “The Legal Workforce Act of 2017” (LWA) is passed.
USCIS Formalizes Policy on Lack of Deference to Previously Approved Petitions
All I-129 petitions, whether initial requests or requests for extension of visa status, will be subject to the same level of scrutiny, USCIS has confirmed. The agency will no longer defer to the findings of a previously approved petition even when the key elements of the petition have remained unchanged. This will affect most nonimmigrant workers in the U.S.
USCIS’s Updated Policy on Adjudications of Nonimmigrant Worker Visa Petitions Rescinds Former Deferential Policy
On October 23, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) rescinded policy guidelines in effect since April 2004 regarding requests for the extension of certain nonimmigrant visas (i.e., visa petitions filed using Form I-129). Previously, an adjudicator’s determination that a non-U.S. citizen met the eligibility requirements for granting a nonimmigrant visa was given deference in subsequent requests for a visa extension where the parties (petitioner and beneficiary) and the underlying facts and circumstances remained the same. The new policy guidelines now eliminate this deferential policy, requiring an adjudicator to review any request for a nonimmigrant visa extension the same as the review of the initial petition. In essence, a new adjudicator may question another adjudicator’s prior approval of the nonimmigrant petition, even if there is no material change in the underlying facts.
ICE Acting Director Confirms Plans for Significantly Higher Worksite Enforcement Activity
When President Donald Trump issued his first immigration executive orders in January, enforcement was a primary focus. With the “Buy American, Hire American” Executive Order, it was clear that the Administration plans to increase worksite enforcement. This was confirmed by Acting Director of ICE Thomas Homan in a speech at the Heritage Foundation. Homan reported:
Third Travel Ban Blocked by Court
On the eve of its taking effect, President Donald Trump’s third attempt at a travel ban has been blocked by the District Court in Hawaii.
Update: The Diversity Lottery Will Restart Following Resolution of Technical Issue
We previously reported on the Department of State’s acceptance of applications for the diversity immigrant lottery. Since then, the DOS has announced on the Diversity Lottery website:
Trump Administration Issues “Principles” in Exchange for Relief for DACA Recipients
Deferred action for DACA recipients will start to expire in March 2018 and there is still no certainty about what will happen to them. Amidst legal challenges to the rescission of DACA, the introduction of a number of statutory fixes, and a supposed “deal” between President Trump and Democratic leaders to protect the “Dreamers,” there is now a new twist. The Trump Administration has announced a list of principles to include in any deal for the Dreamers. Those principles, some of which derive from the President’s various Executive Orders, include:
White House Releases Trump Administration Immigration Policy Priorities
On October 8, 2017, the White House released a list of immigration priorities addressing border security, interior enforcement, and a merit-based immigration system. The priority list calls for the hiring of 10,000 ICE agents, 300 federal prosecutors, 370 immigration judges and 1,000 ICE attorneys. The Department of Homeland Security would be authorized to raise and collect fees from visa services and border crossings to fund border security and enforcement activities.
Insights: Options for Haitians in TPS
In May, the Temporary Protected Status (TPS) program for Haitians was extended for six months, until January 22, 2018. Generally extended in 18-month intervals, then-Secretary of Homeland Security John Kelly had extended the Haitian TPS for six months only because “Haiti has made progress across several fronts since the devastating earthquake . . . [and] [t]he Haitian economy continues to recover and grow, and 96 percent of people displaced by the earthquake and living in internally displaced person camps have left those camps.”
October Immigration Update: H-1B premium processing, new interview requirements, and I-9 update
H-1B premium processing restoration: After temporarily suspending premium processing on all H-1B petitions in early April 2017, USCIS has incrementally restored this benefit over the last 6 months to various application categories. On October 3, 2017, the agency announced that […]
The post October Immigration Update: H-1B premium processing, new
Bills in Congress Would Give Undocumented Children Path to Citizenship
Introduced by Senators Thom Tillis (R-N.C.) and James Lankford (R-Okla.), the “Solution for Undocumented Children through Careers Employment Education and Defending Our Nation” (SUCCEED) Act would provide undocumented children with the opportunity to earn and keep legal status. SUCCEED provides a 15-year path to citizenship.