Although the ongoing government shutdown is rooted in an immigration matter – the “wall” – its effect on other immigration processes is somewhat limited. Fee-funded activities are not affected, which means that USCIS offices will remain open, interviews and appointments will continue as scheduled, and most petitions and applications will continue to be accepted and
Litigation over H-4 EAD Rule Rescission To Move Forward
The Court of Appeals for the D.C. Circuit has added Immigration Voice, a group that represents high-skilled foreign nationals, to defend the H-4 EAD Rule. Save Jobs USA v. United States Department of Homeland Security.
The H-4 EAD Rule provides work authorization for spouses of certain H-1B workers who are in the green card
Amendments to H-1B Visa Regulations Proposed
The Department of Homeland Security has published a much-anticipated notice of proposed rulemaking affecting the H-1B visa process. Public comments must be submitted by January 2, 2019.
DHS proposes:
- Adding a free electronic pre-registration process; and
- Changing the random selection process in a way that would likely benefit holders of U.S. master’s degrees.
The
E-Verify Subject to Collective Bargaining
While I-9 compliance is important, companies cannot forget about other labor and employment laws. In May 2018, a meatpacking company in Illinois was caught between ICE and the National Labor Relations Board.
ICE conducted an audit of the company’s I-9s. Upon notice of the audit, the company began implementing E-Verify. An NLRB judge ruled that
USCIS Requests for Evidence to Petitioners Before Application Denials to Become Discretionary
As of September 11, 2018, immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
This is yet another of the new policies in the wake of the Buy American, Hire American Executive Order (BAHA) that are making it
Supreme Court Upholds Travel Ban 3.0
The U.S. Supreme Court in a 5-4 decision has held that President Donald Trump’s Proclamation No. 9645, known as “Travel Ban 3.0,” can stand. Trump, et al. v. Hawaii, et al., No. 17-965 (June 26, 2018). Certain individuals from Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen will continue to be subject
Texas Anzalduas Port of Entry May Test Face Recognition Technology
Starting in August, the U.S. Customs and Border Protection (CBP) reportedly will begin a pilot program at the Anzalduas port of entry in Texas using face recognition technology to capture facial images of occupants in moving vehicles as they travel to and from Mexico. Facial recognition technology is already being tested at a number of
Number of Government Enforcement Investigations Doubles
ICE announced its enforcements investigations in the last seven months have already doubled last year’s total.
Since October 2017, ICE’s Homeland Security Investigations (HSI) opened 3,510 worksite investigations, initiated 2,282 I-9 audits, and made 594 criminal and 610 administrative worksite-related arrests. Thomas Homan, Acting Director of ICE, predicted in October 2017 that ICE would quadruple
USCIS-DOJ Memorandum of Understanding Means Employers Can Expect Enforcement Action Increase
USCIS and the Department of Justice are teaming up and collaborating to “better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States.” They have entered into a Memorandum of Understanding (MOU) that will increase their ability to share information about cases and training and make referrals.
Last
U.S. Supreme Court: Immigration Act Unconstitutionally Vague on Removal for Aggravated Felony
The Immigration and Nationality Act provides that any alien convicted of an “aggravated felony” after entering the United States is subject to deportation. The Supreme Court has decided, 5-4, that the statute’s defining an aggravated felony as “a crime of violence” is unconstitutionally vague. Sessions v. Dimaya, No. 15–1498 (Apr. 17, 2018). Justice