On June 26, 2017, the Supreme Court of the United States (SCOTUS) partially lifted the injunction and agreed to hear arguments on President Trump’s March 6, 2017 executive order entitled Protecting the Nation from Foreign Terrorist Entry into the United States (the “Order”). The Order suspends unrestricted entry into the United States for nationals of six countries: Iran Libya, Somalia, Sudan, Syria, and Yemen for 90 days. The Order, which would have become effective as of March 16, 2017, was suspended on March 15, 2017 after a federal court in Hawaii issued a nationwide temporary restraining order against its implementation. On that same day, a federal court in Maryland published a decision to block the Order’s 90-day suspension.? The U.S. Department of Justice (DOJ) appealed both decisions to SCOTUS and SCOTUS has agreed to hear both of the appeals, consolidating the cases for argument.
Articles Discussing Employing Immigrants.
Trump’s Cuba Policy Reverses Course Set by Obama
Simpler and less expensive travel to Cuba by Americans is apparently short-lived, as more difficult and costly travel to the island nation appears forthcoming.
Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse
Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to work with the Departments of Justice and Homeland Security to prioritize and publicize investigations into violations of visa programs, such as the H-1B, H-2A, H-2B and PERM (Labor Certification-Green Card processing) programs. The agency plans to increase its exercise of authority to refer cases of alleged criminal fraud to its Office of Inspector General (OIG).
USCIS May Request I-9
The USCIS is requesting some applicants for Adjustment of Status to submit copies of the I-9 Employment Eligibility Verification forms that they (and their employers) completed for current or former employment. These requests are coming as RFEs or from local USCIS field officers.
HHS Rescinds Memorandum Providing for Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”)
On June 15, 2017, the Secretary of Homeland Security announced that it was rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). DAPA provided a path for undocumented parents of children who are U.S. citizens or lawful permanent residents to be considered for deferred action if they met several guidelines. DAPA would have granted these parents deferred action for a period of three years, subject to renewal. They would have also been eligible for work authorization.
Trump Administration Rescinds DAPA Program
DHS Secretary Kelly has rescinded DAPA (Deferred Action for Parents of Americans and Lawful Permanents). DAPA was meant to 1) provide undocumented parents of U.S. citizens or Green Card holders with a way to remain in the U.S. with work authorization and 2) expand DACA (Deferred Action for Childhood Arrivals) by encompassing a wider range of ages and arrival dates and lengthening the duration of deferred action and work authorization per application from two to three years. Created by President Obama by an executive order, DAPA was quickly enjoined by the courts as an unacceptable expansion of executive power. The Obama administration appealed to the Supreme Court, and just one year ago, the lower court ruling was affirmed by default as a result of the Supreme Court deadlocking at 4 to 4. The case has since been stalled.
Travel Ban Case on Fast Track at Supreme Court
Expectations are that the U.S. Supreme Court may decide soon whether to stay the injunctions blocking President Donald Trump’s travel ban. Meanwhile, the President has issued a Memorandum meant to amend and clarify the revised travel ban executive order.
Supreme Court: Gender-Based Distinctions in Immigration Law Violates Equal Protection
A federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers seeking to transmit birthright citizenship to their non-marital children born outside the U.S. violates the Equal Protection Clause of the Constitution, the U.S. Supreme Court has ruled. Sessions v. Morales-Santana, No. 15-1191 (June 12, 2017).
USCIS Adopts Matter of I-Corp and What it Means for L-1B Visas
The U.S. Citizenship and Immigration Services (USCIS) recently issued a policy memorandum directing USCIS personnel to adopt the Administrative Appeals Office’s (AAO) reasoning in Matter of I-Corp. Specifically, pursuant to Matter of I-Corp.,1 USCIS is directed to deny visa petitions that are based on an illegal or otherwise invalid or unenforceable employment agreement.
Ninth Circuit Blocks Travel Ban
Joining the Fourth Circuit Court of Appeals and using President Donald Trump’s tweets to support its decision, the Ninth Circuit Court of Appeals in Hawaii v. Trump has continued to block the revised travel ban.
Extreme Vetting, Consulates, and New Form
In a series of cables sent in mid-March, Secretary of State Rex Tillerson had ordered Consulates abroad to begin preparing for “extreme vetting.” Then, the court in Hawaii v. Trump enjoined the President’s revised travel ban, and Tillerson issued another cable that suspended enforcement on the six countries in the Executive Order: Iran, Libya, Somalia, Sudan, Syria, and Yemen. The Secretary also indicated that Consulates could not request information until additional collection was approved by the Office of Management and Budget after a notice-and-comment period.
Optional Practical Training: As this workforce grows, so does HR professionals’ need to have hiring plan for the visa program
Optional Practical Training (OPT) workers are becoming an indispensable part of the American workforce. Small and mid-sized companies are the largest beneficiaries, as just 4 percent of all OPTs work at the 10 largest tech companies in the Fortune 500. So what are OPT workers? What are the challenges and benefits of this visa category?
President’s Budget Proposes New DOL Filing Fees for Employers
Suspecting that employers seeking to hire foreign workers are not acting in the best interests of American workers, President Trump has requested the authority to establish fees for the adjudication of labor certifications and prevailing wage requests. These fees would be retained by the DOL. By doing this, the Office of Foreign Labor Certification (OFLC), which handles PERM labor certification, LCAs for H-1B and H-1B1 and E-3 applications, H-2A and H-2B labor certifications and prevailing wage determinations, would eventually become self-funded (like USCIS).
Congressional Spending Bill Reauthorizes Important Immigration Programs
On May 4, 2017, Congress passed an appropriations bill to fund the federal government through Fiscal Year 2017. The bill also extended four immigration programs through September 30, 2017. These programs are E-VERIFY, the Conrad 30 Waiver Program for foreign medical graduates working in underserved areas, the special immigrant non-minister religious work program and the EB-5 Regional Center Program.
DHS Opens Office for Crime Victims of Alleged Illegal Immigrants
Secretary John Kelly of the DHS has announced the establishment of the Victims of Immigration Crime Engagement Office (VOICE). The Office will enable victims or witnesses of crime allegedly perpetrated by illegal aliens to: