Archives: Temporary (Non-immigrant) Work Visas

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Court Ruling on DHS STEM OPT Extension Rule Expected Soon

A motion to dismiss a lawsuit challenging the U.S. Department of Homeland Security’s new rule governing the Science, Technology, Engineering, and Math (STEM) Optional Practical Training (OPT) program has been granted in part and denied in part. Washington Alliance of Technology Workers v. DHS, No. 1:16-cv-01170-RBW (D.D.C. Mar. 30, 2017). Judge Reggie B. Walton issued … Continue Reading

Push to Protect American Jobs: Round-up on Proposed Reforms to H-1B, L-1 Visas

Reforming the H-1B program “is an issue we are closely and carefully looking at,” Donald Trump had said during the campaign. This sentiment is shared by Congress, as evidenced by the slew of legislation proposed across both sides of the aisle. Senator Dick Durbin (D. Ill.) first introduced a bill in 2007 to cure what … Continue Reading

Federal Government Targets H-1B Visa Fraud by Employers with Focus on Outsourcing

In line with its focus on compliance and enforcement of existing laws, the Trump Administration has announced measures to “deter and detect H-1B visa fraud and abuse” and to protect American workers just as thousands of H-1B visa petitions are inundating USCIS Service Centers on April 3 (the beginning of the H-1B season for FY … Continue Reading

State Department Orders ‘Extreme Vetting’

State Department Secretary Rex Tillerson has directed all consular chiefs to determine which populations of visa applicants should be subject to additional “extreme” vetting.  The March 15 direction is in response to President Donald Trump’s March 6 “Travel Ban” Executive Order and Presidential Memorandum on “extreme vetting.” The Memo directed the U.S. Attorney General and … Continue Reading

Courts Hold Hearings on Administration’s Travel Ban

President Donald Trump’s revised Executive Order with its revised travel ban is scheduled to become effective just after midnight on March 16. While the revised Order regarding the travel ban is a bit of a retreat from the original, states have wasted no time trying to block the Order and hearings in two of these … Continue Reading

Trump Administration Immigration Actions’ Disproportionate Impact on Certain Industries

The food, construction, and healthcare sectors are concerned about fallout from the crackdown on immigration called for in Secretary John Kelly’s Implementation Memos, President Donald Trump’s travel ban, and possible new legislation aimed at reducing overall immigration by 50% within 10 years. Those sectors suffer from labor shortages already and have relied on immigrants to … Continue Reading

Opposition to Travel Ban EO Includes Tech Firms and Others

After oral arguments on February 9th, the Ninth Circuit denied the government’s request to reinstate the travel ban EO. State of Washington v. Trump. More than 135,000 people listened to the Ninth Circuit oral argument, which was conducted by phone and had no video, on the Court’s own live stream. News websites also carried the … Continue Reading

State Department Confirms No Plan to Add Countries to Travel Ban under Executive Order

The Department of State has confirmed to the American Immigration Lawyers Association (“AILA”) that there is no immediate plan to add any other countries to the current list of seven under President Donald Trump’s “Protecting  the Nation from Foreign Terrorist Entry into the United States” Executive Order signed on January 27, 2017. In the chaos surrounding … Continue Reading

Travel Update Under Trump’s Executive Order

While daily governmental guidance for affected individuals, in the United States and abroad, has followed the signing of Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” on January 27, 2017, reports of inconsistent treatment of individuals abound. The following illustrates some of the confusion regarding individuals “from” Iraq, Iran, Libya, … Continue Reading

Congress Considers Visa Bill Ahead of Expected Immigration Executive Order

Perhaps anticipating an Executive Order from the White House on business immigration reforms, Representative Zoe Lofgren (D-Cal.), who represents Silicon Valley, has introduced a bill that calls for many reforms. The High-Skilled Integrity and Fairness Act of 2017, similar to a bill introduced by Representative Darrell Issa (R-Cal.), raises wage levels related to certain H-1B … Continue Reading

Executive Order Effects Immigration Ban

While at the Pentagon on January 27, 2017, President Donald Trump signed the “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order, essentially ordering that all foreign nationals from countries identified in the E.O. – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen – be stopped from entering the United States. … Continue Reading

New Executive Order to Suspend Entry of Persons from Certain Countries Expected

Posted at 12:20 pm “Protecting the Nation from Terrorist Attacks by Foreign Nationals” is expected to be the next Executive Order on immigration from the Trump Administration. This Order is intended to “protect the American people from terrorist attacks” and “ensure that those admitted into our country do not bear hostile attitudes toward our country … Continue Reading

DHS Releases Proposed Amendments to EB-5 Regulations

The Department of Homeland Security (DHS) has released for public comment its amendments to the regulations governing the EB-5 Immigrant Investor classification: The EB-5 Immigrant Investor Program Modernization Rule. The EB-5 program provides green cards to foreigners who invest in projects that create at least 10 jobs. The standard required investment amount has been $1 … Continue Reading

International Entrepreneur Rule from DHS Encourages Start-Ups

In six months, on July 17, 2017, the Department of Homeland Security’s final rule to improve the nation’s economy by making it possible for certain promising start-up founders/entrepreneurs to begin growing their companies in the United States will become effective. The new rule amends the regulations on discretionary parole by adding provisions that will allow … Continue Reading

Congress Considers Halting Job Flexibility Rule, Bill to Change Employer H-1B Exemption Eligibility

Representative Darrell Issa (R-Calif.) has introduced two pieces of legislation to watch. The Midnight Rules Relief Act, H.R. 21, would allow Congress to overturn any regulations en masse that were finalized or will be finalized during the lame duck session. This could include the long-awaited rule regarding Retention of EB-1, EB-2 and EB-3 Immigrant Workers … Continue Reading

Two International Entrepreneurs Start under New York’s International Innovators Visa Program

Understanding the scarcity of H-1B visas, early in 2016, the New York City Economic Development Corporation (NYCEDC), in partnership with the City University of New York (CUNY), launched the International Innovators Initiative (IN2NYC) to build a pathway to help international entrepreneurs grow companies and create jobs in the United States, specifically in New York City. … Continue Reading

President Obama Signs Continuing Resolution That Includes Extension of Four Immigration Programs

On December 9, 2016, President Barack Obama signed H.R. 2028 (Pub. L. 114-254), a stop-gap spending bill to keep the government running through April 28, 2017. H.R. 2028 includes a Continuing Resolution that extends four immigration programs: The Conrad 30 J Waiver, the Non-Minister Special Immigrant Religious Worker Visa, the EB-5 Regional Center Visa Program, … Continue Reading

USCIS Publishes Final Job Flexibility Rule for Employment-Based

The U.S. Citizenship and Immigration Services has published the long-anticipated final rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers.” The rule will take effect on January 17, 2017, before President Barack Obama leaves office. The rule codifies existing policies in establishing job portability and flexibility for certain … Continue Reading
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