Category Archives: Immigration

Tips for Surviving in a Time of Immigration Uncertainty

We planned to write a blog about the revised travel ban Executive Order as soon as it came out. That the revised order was delayed for several weeks until March 6 highlights the uncertainty we face in 2017.[1] Below we try to answer various questions we regularly receive about immigration issues. Is domestic airplane travel …

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New USCIS Policy Announced at March 3, 2017 Stakeholders Meeting: Regional Center Geography

At the EB-5 Stakeholders Meeting in Washington DC on March 3, 2017, USCIS announced that I-526 petitions filed for a regional center project in an area not already within the regional center’s approved geography may be denied if filed on or after December 23, 2016. Under the newly announced policy, a regional center must first …

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Department of Homeland Security Elaborates on its Anticipated Request for Border-Wall “Prototypes”

Last week, we reported that the Department of Homeland Security, Customs and Border Protection (CBP) had published a presolicitation notice announcing its intent to issue a solicitation “for the design and build of several prototype wall structures in the vicinity of the United States border with Mexico.”  On Friday, March 3, CBP amended that notice “to …

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USCIS Temporarily Suspends Premium Processing for H-1B Petition

On March 3, 2017, USCIS announced a temporary suspension of premium processing impacting all H-1B petitions received by USCIS beginning April 3, 2017.  The suspension will be in place for up to six months, supposedly to permit the agency to prioritize pending H-1B cases that are outside of their normal processing time and to reduce …

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Trump EO Biometric Entry-Exit Section Raises Concerns of Lawmakers over Costs, Logistics

Members of Congress from states bordering Canada, the Northern Border Caucus, have focused on a section of President Donald Trump’s “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order directing DHS to expedite “the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States.” Calling it “unnecessary” …

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Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the Current Climate

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement.  While a sitting President cannot independently modify laws or regulations without going through the normal rule making process, he/she can significantly alter policy and enforcement priorities.  These two memoranda are a clear example of a …

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DHS Announces Intent to Award Contracts for Border Wall “Prototypes” by Mid-April

On Friday, February 24, 2017, the Department of Homeland Security, Customs and Border Protection published a presolicitation notice announcing its intent to issue a solicitation “for the design and build of several prototype wall structures in the vicinity of the United States border with Mexico.” At least on the government procurement front, this notice marks the …

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DHS Guidance Memos Chart Aggressive Course to Implement President Trump’s Executive Orders on Immigration Enforcement

On February 20, 2017, U.S. Secretary of Homeland Security John Kelly released two new policy memoranda aimed at implementing President Trump’s executive orders on enhancing the public safety of the interior and border enforcement of immigration laws. The first memo, titled “Enforcement of the Immigration Laws to Serve the National Interest,” immediately rescinded President Obama’s …

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Are You Using the New I-9 Form?

As the Trump administration settles in, those of us who counsel employers have cautioned to “expect the unexpected.” Certainly, the last five weeks have brought a bevy of twists and turns. However, one consistent theme from the new administration has been a tough stance on immigration-related matters. Accordingly, employers must pay close attention to the …

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March 2017 Visa Bulletin Update

The Department of State’s (DOS) March 2017 Visa Bulletin showed some minor movement in some employment-based categories, with more significant movement in other employment-based visa categories. The Worldwide EB-1 category remains current for all categories, including individuals born in mainland China, El Salvador, Guatemala, Honduras, India, Mexico, and the Philippines. The cutoff date for worldwide …

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