Visas

NEW ADMINISTRATION’S IMPACT ON IMMIGRATION

IMMIGRATION was a top platform for Trump in his campaign, and as the President-elect how his campaign rhetoric will be played out is still up in the air.  Some of the major areas in immigration law that will most likely be affected are: 

1)    Decrease Legal Immigration – In furthering his administration’s “protectionist views,” Trump may restrict legal immigration as well as further regulating legal workers coming to the U.S. on employment authorized visas (i.e., H-1B and L-1 skilled workers).  His campaign rhetoric on “bringing jobs back to the U.S.” and limiting outsourcing jobs offshore and highly-skilled immigration may result in tightening of regulations in granting visas –especially the highly political H-1B visas which are currently capped at issuance of only 65,000 H-1B visas per fiscal year.  Every year the H-1B visas are depleted and every year, U.S. businesses lament and lobby for increase in these visa numbers, but after Trump is in the office, it looks highly doubtful that this would result in any increase in H-1B visa numbers.  Instead, it may mean more restrictions placed on the issuance of the visas themselves, as well as other categories of skilled worker visas, as well as raising of the fees for filing such petitions.  If U.S. businesses want to hire skilled foreign workers, they will have to pay the price and jump through hoops to do so.

2)    Deportation/Removal/Detention – In his latest TV interview on “60 Minutes” recently, Trump softened some of his rhetoric on immigration, but still vowed to deport or jail as many as 3 million immigrants who have “criminal records” or are “gang members” or “drug dealers.” He did not specify or lay out a clear plan, nor how he would go about funding such a measure.

3)    Building a Border Wall/increase border security – President-Elect Trump may be backing off a bit on his most famous campaign promise of “building a wall” and having the Mexican government pay for it.  He would most likely work with Congress to “expand” the current physical barrier/fences (more of a “symbolic wall”), and expand Border patrol.

4)    End Birthright Citizenship – Trump, despite the 14th Amendment provision that all persons born or naturalized in the U.S. are citizens, has stated that children of undocumented aliens born in the U.S. “must go.”  In terms of how/if this will be implemented is yet to be determined. 

5)    End Deferred Action for Childhood Arrivals (known as “DACA”) –President-elect Donald Trump pledged to end the Deferred Action for Childhood Arrivals (DACA) initiative which was implemented in 2012 by then Department of Homeland Security Secretary Janet Napolitano.  DACA gave deportation relief and work permits to undocumented youth who arrived in the U.S. as a minor (under 16 years old), went to school, and no criminal convictions.  This could impact over 1.3 million young immigrants (700,000 of those who are currently in the workforce under this provision).  Though statements on Trump’s campaign website clearly indicated an intention to end DACA, much remains to be seen.  It is still to be determined know how or when DACA might end. It is possible that USCIS could stop accepting or approving all DACA applications. Alternatively, USCIS could halt only certain components of DACA.

Kansas Secretary of State Kris Kobach served as the advisor to Trump on immigration during the campaign, and will likely have a major role in Trump’s administration on immigration matters.  He has indicated that Trump will repeal/scrap many of Obama’s immigration policies/incentives as well as Obama administration’s approach of deporting and enforcement policies. 

As far as how (or if) and when any of the above changes to immigration policies and regulations will be implemented are yet to be determined.  But one thing is certain, whatever measures the new President-Elect take to change the regulations (which require legislation) will not happen overnight and it won’t be passed through Congress without some strong opposition and push-back.  It is well known that the Speaker of the House Paul Ryan has very different views on immigration, and will be a big factor in whether or how much of Trump’s immigration “plans” get any traction even in the Republican controlled Congress.  It will once again come down to cooperation between the two parties being key factor in accomplishing any immigration reform or changes.  

We will keep a close eye on these issues and advise accordingly.   

U.S. SENATE MOVES TO EXTEND EB-5 PROGRAM AS IS

The Senate is moving forward with an extension of the EB-5 immigrant investor program as is and reforms to the program appear unlikely.

 

The provision to extend the program is included in the continuing resolution, a short-term budget bill that allows the government to keep running until early December.

EB-5 visa program may expire on Sept. 30 if Congress doesn’t take action

The investor visa program, EB-5, is set to expire on September 30, unless Congress can temporarily extend it, or reform it to cut down the loopholes and eliminate the numerous cases of fraud that surface with the program.

Three Immigration Lawyers Sanctioned by SEC for Brokering EB-5 Investment

The Securities and Exchange Commission (SEC) has just published three new decisions in connection with administrative proceedings against two well known immigration lawyers, as well as against a third lawyer. One party has allegedly earned $450,000 in commissions from one EB-5 Offeror alone.

 

https://www.sec.gov/litigation/admin/2016/34-78658.pdf
https://www.sec.gov/litigation/admin/2016/34-78657.pdf
https://www.sec.gov/litigation/admin/2016/34-78656.pdf

Visa Bulletin (September 2016)

This bulletin summarizes the availability of immigrant numbers during September 2016 for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Visa Bulletin (August 2016)

This Bulletin summarizes the availability of immigrant visa numbers during August 2016 for: “Application Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Sting Operation by the Department of Homeland Security Leads to Visa Fraud Arrests

NEWARK — On the surface, the University of Northern New Jersey seemed legitimate. It had a website, with a seal featuring the Latin words “Humanus, Scientia, Integritas,” a list of business-oriented degrees offered and a promise of “an exceptional educational experience.”

It was so exceptional it did not exist.

Instead, the university was a fake, set up by the Homeland Security Department as part of a sting operation to ensnare criminals involved in student visa fraud.

USCIS Completes Data Entry of Fiscal Year 2017 H-1B Cap-Subject Petitions

USCIS announced on May 2, 2016, that it has completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. 

USCIS Reaches FY 2017 H-1B Cap

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.

USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.

USCIS will first randomly select petitions for the advanced degree exemption. All unselected advanced degree petitions will become part of the random selection process for the 65,000 general cap. The agency will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

Before running the lottery, USCIS will complete initial intake for all filings received during the filing period, which ended April 7. Due to the high number of petitions, USCIS is not yet able to announce the date it will conduct the random selection process.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2017 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

 

For more information on USCIS and its programs, please visit uscis.gov 

USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016

USCIS confirmed to AILA (American Immigration Lawyers Association) that standard procedures will apply for the FY2017 lottery: If more than enough H-1Bs are received during the first 5 business days in April, a random lottery will be conducted for petitions received during that time period for first the master’s and then the regular cap.