February 9, 2017 - U.S. Court of Appeals for the 9th Circuit has unanimously upheld the Temporary Restraining Order maintain the nationwide halt on Travel/Refugee Ban.
Nationwide Temporary Restraining Order has halted the Executive Order
National temporary restraining order granted in Washington State and Minnesota's challenge to President Trump's executive order banning Muslims and refugees.
DOS Emergency Alert: Executive Order on Visas
As a result of the Executive Order on immigration, Department of State has temporarily stopped scheduling immigrant and nonimmigrant visa appointments as well as cancelled currently scheduled visa appointments, for those individuals who are nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
This Executive Order does not restrict the travel of dual nationals from any country with a valid U.S. visa in a passport of an unrestricted country. Embassies and Consulates around the world will continue to process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.
H-1B Visa Bill Introduced In US, Minimum Pay More Than Doubled
Washington: A legislation has been introduced in the US House of Representatives which among other things calls for more than doubling the minimum salary of H-1B visa holders to $130,000, making it difficult for firms to use the programme to replace American employees with foreign workers, including from India.
Department Of Homeland Security Response To Recent Litigation
For the next 90 days, nearly all travelers, except U.S. citizens, traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen will be temporarily suspended from entry to the United States. The 90 day period will allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals.
Importantly, however, Lawful Permanent Residents of the United States traveling on a valid I-551 will be allowed to board U.S. bound aircraft and will be assessed for exceptions at arrival ports of entry, as appropriate. The entry of these individuals, subject to national security checks, is in the national interest. Therefore, we expect swift entry for these individuals.
Executive Order on Immigration
What an extraordinary 72 hours it has been in immigration law and enforcement.
ACLU led attorneys filed actions across the country to halt the Executive Order issued on January 27, 2017. Resulting in a federal judge in the Eastern District of New York issuing the first order, granting a nationwide stay of removal preventing deportation for individuals with valid visas and approved refugee applications affected by the Executive Order. The next came a decision out of a federal court in Massachusetts - it barred federal officials from detaining or removing individuals subject to the Executive Order. In a case filed in Virginia, the court ordered federal officials to provide lawyers access to "all legal permanent residents being detained at Dulles International Airport" and barred officials from deporting covered individuals for the next seven days. In the case out of Washington State, the federal judge barred the federal government from deporting two unnamed individuals from the United States.
The Department of Homeland Security put out a statement early today stating only that the agency "will comply with judicial orders."
A copy of the Executive Order is provided in the link below.
Travel Warning for Nationals of Certain Countries in Anticipation of Executive Order
An Executive Order titled “PROTECTING THE NATION FROM TERRORIST ATTACKS BY FOREIGN NATIONALS” relating to visa issuance, screening procedures, and refugees, will most likely be issued this week.
Among other provisions, if implemented as written, would "suspend" the immigrant and nonimmigrant entry of nationals from certain designated countries for 30 days from the date of the order. Designated countries are tied to the Visa Waiver provisions of the 2016 Consolidated Appropriations Act and if implemented without change, would include Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Additional countries could be included.
For those country nationals who might be affected by the Executive Order, it may be advisable to refrain from traveling outside of the United States if they are already present in the U.S., or try to return to the United States as soon as possible if they are outside of the country.
January 22, 2017 - Employers Must Use Form I-9 Dated 11/14/2016
Beginning Jan. 22, 2017, employers must use the 11/14/2016 N version of Form I-9, Employment Eligibility Verification, to verify the identity and work eligibility of every new employee hired after Nov. 6, 1986, or for the reverification of expiring employment authorization of current employees (if applicable).
USCIS issues proposed regulation changes: "EB-5 Immigrant Investor Program Modernization"
USCIS has issued a proposed rule on "modernization of the EB-5 Immigrant Investor Program" changing some MAJOR provisions governing EB-5, including: Raising of the minimum capital investment amount to $1.8million (and $1.35 for TEA); Priority Date retention; Elimination of state designation of high unemployment areas. Public comment period ends 4/11/2017.
New Expanded Standards for Permanent Residence Under National Interest Waivers
Until now, Matter of New York State Dep't of Transportation (22 I&N Dec. 215) ("NYDOT") set the standard for determining "National Interest Waiver" cases in the Employment-Based Second Preference category. With the precedent setting new case Matter of DHANASAR (26 I&N Dec 884), decided on December 27, 2016 by the AAU, an expanded standard of proof has been established.