Having focused on enforcement and illegal immigration, the Trump Administration has recently turned to legal immigration. The new Public Charge rule which will go into effect on October 15, 2019, absent court action, will make it harder for some foreign nationals to obtain green cards or even to secure or extend temporary non-immigrant status. What … Continue Reading
The Department of State (DOS) has announced a significant retrogression from the July 2019 Visa Bulletin to the August 2019 Visa Bulletin of at least 3 years in many of the employment-based categories. EB-1 retrogresses by almost 2 years for most countries to July 1, 2016, except India, which stays at January 1, 2015; EB-2 retrogresses by … Continue Reading
The Trump Administration has been stepping up the collection of data in general and more specifically from visa applicants and travelers. Here are a few new policies: A pilot program has been instituted at the border that would include DNA testing and fingerprinting of children under age 14. USCIS is collecting biometric data from most … Continue Reading
The U.S. Ambassador to New Zealand, Scott P. Brown, has announced that eligible New Zealand nationals may apply for E-1/E-2 Treaty Investor Visas: “We’ve listened. And as of June 10, New Zealand business owners and New Zealand citizens essential to those companies are going to be able to reside and work in the United States … Continue Reading
Two years ago, then-Secretary of State, Rex Tillerson, proposed collecting 15 years of travel, address and employment history and 5 years of social media platforms, identifiers, phone numbers and emails from visa applicants selected for “extreme vetting.” It was predicted that this would affect only 0.5% of all visa applicants – approximately 65,000 annually. As of … Continue Reading
The days of spontaneously traveling to Europe on a whim are coming to an end for U.S. citizens. For many years, U.S. citizens have been able to travel to most European countries with only a valid U.S. passport as a travel document. In 2021, the European Schengen Zone will be requiring a registration similar to … Continue Reading
The U.S. Embassy in Israel has announced that the necessary agreement has been signed and Israeli citizens will be able to apply for an E-2 Visa as of May 1, 2019. This is an important announcement for the Israeli high-tech sector and the U.S. economy because it opens new possibilities for Israelis wishing to create start-ups … Continue Reading
In 2016, a married gay couple in Canada became parents of twins using a surrogate mother. One father is a U.S. citizen, the other an Israeli citizen. The two fathers made a decision to contribute one embryo each to the surrogate mother so the twins would be biologically related to each of them. However, that … Continue Reading
Chinese authorities have been using “exit bans” to prevent U.S. citizens from leaving China. In response, the U.S. State Department is continuing its Level 2 travelers’ warning to “exercise increased caution.” The advisory was originally issued in 2018 due to “arbitrary enforcement of local laws as well as special restrictions on dual U.S.-Chinese nationals.” “China … Continue Reading
The IRS is reminding taxpayers to pay their taxes or face possible loss of their U.S. passports. In partnership with the IRS, the Department of State (DOS) may deny passport applications, renewals, or even revoke passports of individuals with “seriously delinquent tax debts.” This is based on a section of an infrastructure bill, the Fixing … Continue Reading
New restrictions on visas for citizens of China are expected as soon as June 11, 2018, according to the Associated Press. These restrictions, the report states, would target students in high-tech fields such as robotics and aviation. The changes would be part of the Trump Administration’s national security strategy to protect American’s intellectual property and … Continue Reading
Proposed changes to Form DS-160 would include aspects of “extreme vetting” in all nonimmigrant visa applications. The public has until May 29, 2018, to submit comments to the Trump Administration proposal. Visa applicants would be required to submit five years of social media handles on specific platforms and five years of phone numbers and email … Continue Reading
Congress reached agreement and voted to end the government shutdown at least until February 8, 2018. In case another impasse occurs, this is how a federal government shutdown would affect immigration. Department of Labor (DOL) The Office of Foreign Labor Certification (OFLC) will stop processing all applications, and its personnel will not be available to … Continue Reading
Extreme vetting, strict scrutiny, travel warnings, and the latest travel ban have made travel abroad more worrisome than ever this holiday season. Reminders for individuals who will have to apply for new U.S. visas while abroad in order to return to the United States: Consulates are dealing with new guidance and procedures. This means that … Continue Reading
On the eve of its taking effect, President Donald Trump’s third attempt at a travel ban has been blocked by the District Court in Hawaii. On October 17, 2017, Judge Derrick Watson granted a nationwide temporary restraining order holding that the newest travel ban executive order (dubbed “EO-3”) suffered the same legal maladies as its … Continue Reading
As part of the Trump Administration’s “Buy American, Hire American” Executive Order, the State Department’s Bureau of Consular Affairs (BCA) is joining with the Department of Justice’s Civil Rights Division to combat both visa fraud and potential discrimination against U.S. workers. The partnership between the two agencies is based upon a Memorandum of Understanding (MOU) … Continue Reading
We previously reported on the Department of State’s acceptance of applications for the diversity immigrant lottery. Since then, the DOS has announced on the Diversity Lottery website: Due to a technical issue, the DV-2019 entry period that began on October 3 has been closed. Entries submitted during October 3-10 are not valid and have been … Continue Reading
Registration for the Department of State’s Diversity Lottery will be opened from noon EDT on October 3, 2017, to noon EDT on November 7, 2017. This program makes 50,000 immigrant visas available to individuals from countries with low rates of immigration to the U.S. The lottery registration and application process is conducted completely online and … Continue Reading
The Department of State has quietly revised guidance to Consular Officers on the “30/60 Day Rule” regarding adjustment of status applications. The Rule sets standards for determining whether an alien would be inadmissible for inconsistent conduct. It provides: If an alien engaged in inconsistent conduct within 30 days of an entry, a willful misrepresentation could … Continue Reading
During the chaos that followed the issuance of the travel ban in January and before it was blocked by a court, at least 140 individuals from the seven named countries were denied admission to the U.S. with then-valid visas. In Darweesh v. Trump, No. 17-CV-480 (CBA), Iraqi nationals challenged the first iteration of President Donald … Continue Reading
A group of diversity lottery applicants from countries covered by President Donald Trump’s travel ban have filed suit in the U.S. District Court for the District of Columbia seeking to force the State Department to adjudicate their diversity lottery visa applications before time runs out for them. Administered by the Department of State, the Diversity … Continue Reading
The U.S. Embassy and Consulates in Russia announced that “[a]s a result of the Russian government’s personnel cap imposed on the U.S. Mission, all nonimmigrant visa (NIV) operations across Russia will be suspended beginning August 23, 2017.” This is the most recent volley in the diplomatic back-and-forth that started with the reports of possible Russian … Continue Reading
The Department of State has revised its guidance for Consular Officers on the issuance of student visas, emphasizing that the officer must be “satisfied that applicant intends to depart [the U.S.] upon completion of the approved activity.” The guidance states: If you are not satisfied that the applicant’s present intent is to depart the United … Continue Reading
Following the “Buy American, Hire American” Executive Order, issued in April, the Attorney General and the Secretaries of State, Labor, and Homeland Security have made operational changes that emphasize targeted investigations and individual official’s judgment in carrying out the purposes of the E.O. The E.O. directs the agencies to “propose new rules and issue new … Continue Reading
