The Trump Administration would like to institute a “points-based” or “merit-based” immigration system, cut down on family-based immigration and eliminate the Diversity Lottery. To date, Congress has not passed any such changes to immigration laws and the Diversity Lottery remains in effect. This year, 55,000 visas will be available. Diversity visas are available to people
Legislation
New Pennsylvania Law Requires Construction Employers to Use E-Verify
By Amy L. Peck & Michael H. Neifach on
Here is our update on the required use of E-Verify by employers in the construction industry in the Commonwealth of Pennsylvania.
U.S. Immigration and the Growing Marijuana Industry
By Amy L. Peck on
Although not legal on the federal level, the marijuana industry is a fast-growing economic sector in the U.S. Thirty-three states have legalized medical marijuana and 10 of those have legalized recreational use. Based on online job search websites, there are about 200,000 to 300,000 marijuana-related jobs available (many on the lower-paid agricultural-side). As the industry…
The Fairness for High-Skilled Workers Act May Endanger Economy
By William J. Manning on
Posted in Green Cards, Legislation
The Fairness for High-Skilled Workers Act has passed the House of Representatives, and is pending before the Senate where it may pass by unanimous consent (i.e., with no actual vote or hearing).
On its face, the Fairness Act seems fair. By eliminating the 7% per country cap, Indian nationals and Chinese nationals who have…
Upcoming Oral Argument in H-4 EAD Rule Rescission Case (Finally)
By Brian Shyr on
The challenge over the rule providing work authorization for spouses of certain H-1B workers who are in the Green Card process finally will be heard before the U.S. Court of Appeals for the D.C. Circuit on September 27, 2019.
For nearly three years, since the Trump Administration made it clear that it planned to rescind…
Ready for REAL ID?
By Minnie Fu on
October 1, 2020, is the REAL ID deadline, and most people will not be able to board even a domestic air flight in the U.S. without either a REAL ID-compliant driver’s license or a passport.
Congress passed the REAL ID Act in 2005 based on recommendations from the 9/11 Commission. The Transportation Safety Administration…
North Carolina Governor Vetoes Sanctuary Jurisdiction Bill, Draws Ire from Trump
North Carolina Governor Roy Cooper (D) has joined the “sanctuary city” debate. He vetoed House Bill 370, “An Act to Require Compliance with Immigration Detainers and Administrative Warrants,” on August 21, 2019.
Some county sheriffs in North Carolina have been refusing to uphold ICE detainers or coordinate with ICE regarding individuals in custody. They…
Oregon Employers Must Notify Employees of Upcoming Federal Inspections of Work Authorizations
By Amy L. Peck on
The uptick in ICE investigations has Oregon requiring employers to notify employees of any upcoming investigation by a federal agency (such as a Form I-9 inspection) for records, forms, or other documentation used to verify employee identify and work authorization. Oregon follows California in taking this step.
Under Oregon’s statute, SB 370 (2019), employers…
Will Student-Athletes on F-1 Visas be Affected by the Fair Pay to Play Act ?
By Amy L. Peck & Gregg E. Clifton on
Posted in Legislation, Students / CPT / OPT / STEM
Foreign students enter the United States on F-1 student visas. The terms of this type of visa drastically
…
Could Venezuelans Gain TPS Eligibility?
By Forrest G. Read IV on
The Trump Administration has been trying to put an end to Temporary Protected Status (TPS) for many countries including: El Salvador, Haiti, Honduras, Nepal and Sudan. Upon legal challenges to TPS termination, the courts have delayed termination at least temporarily. The Secretary of the Department of Homeland Security (DHS) generally has the authority to designate…