Archives: Trump Administration

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Rules on the Chopping Block: H-4 EAD and International Entrepreneur

The Trump Administration appears to be in the process of eliminating two rules: the H-4 EAD Rule and International Entrepreneur Rule. In line with President Donald Trump’s “Buy American, Hire American” Executive Order and his aim for a fully “merit-based” visa scheme, a draft regulation that would end the H-4 EAD program (enacted by the … Continue Reading

Haitian TPS Program Will End in July 2019

Six months after then-Secretary of Homeland Security John Kelly announced the extension of Haitian Temporary Protected Status (TPS) for only six months (until January 2018, when he would reevaluate the determination), Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the designation with a delayed effective date of 18 months.  She said … Continue Reading

Insights: Responding to Temporary Protected Status Extensions and Terminations

Having terminated Temporary Protected Status (TPS) for Guinea, Liberia, and Sierra Leone in May 2017 and having announced the limited extension of TPS for Haiti and Sudan until January and November 2018, respectively, the Trump Administration has turned its attention to Central America. Approximately 300,000 immigrants from El Salvador, Honduras, and Nicaragua are protected from … Continue Reading

Mandatory E-Verify under Consideration in Congress

Every employer in the United States would be required to use E-Verify to determine whether employees are authorized to work if “The Legal Workforce Act of 2017” (LWA) is passed. Supported by President Donald Trump and introduced by Representatives Lamar Smith (R-Tex.) and Ken Calvert (R-Cal.) to “turn off the jobs and benefits magnet” that … Continue Reading

USCIS Formalizes Policy on Lack of Deference to Previously Approved Petitions

All I-129 petitions, whether initial requests or requests for extension of visa status, will be subject to the same level of scrutiny, USCIS has confirmed. The agency will no longer defer to the findings of a previously approved petition even when the key elements of the petition have remained unchanged. This will affect most nonimmigrant … Continue Reading

ICE Acting Director Confirms Plans for Significantly Higher Worksite Enforcement Activity

When President Donald Trump issued his first immigration executive orders in January, enforcement was a primary focus. With the “Buy American, Hire American” Executive Order, it was clear that the Administration plans to increase worksite enforcement. This was confirmed by Acting Director of ICE Thomas Homan in a speech at the Heritage Foundation. Homan reported: … Continue Reading

Third Travel Ban Blocked by Court

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

State and Justice Departments to Share Information on Employment-Based Visa Fraud

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

Trump Administration Issues “Principles” in Exchange for Relief for DACA Recipients

Deferred action for DACA recipients will start to expire in March 2018 and there is still no certainty about what will happen to them.  Amidst legal challenges to the rescission of DACA, the introduction of a number of statutory fixes, and a supposed “deal” between President Trump and Democratic leaders to protect the “Dreamers,” there … Continue Reading

Insights: Options for Haitians in TPS

In May, the Temporary Protected Status (TPS) program for Haitians was extended for six months, until January 22, 2018. Generally extended in 18-month intervals, then-Secretary of Homeland Security John Kelly had extended the Haitian TPS for six months only because “Haiti has made progress across several fronts since the devastating earthquake . . . [and] … Continue Reading

Trump Issues Country-Specific Travel Ban

President Donald Trump has issued a proclamation that imposes new travel restrictions on eight countries, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry in to the United States by Terrorist or Other Public-Safety Threats.” Five of the eight countries were included in the previous travel ban. The new restrictions were issued on September 24, … Continue Reading

Revised Travel Ban Coming?

The Trump Administration reportedly may replace the current travel ban with a country-specific set of restrictions. In June, the Supreme Court allowed the government to begin enforcing the 90-day travel ban against individuals from Iran, Libya, Somalia, Sudan, Syria, and Yemen who had no bona fide relationship to the United States. The 90-day ban will … Continue Reading

DHS Updates Temporary Protected Status for Sudan and South Sudan

The Temporary Protected Status (TPS) for Sudan will terminate in 12 months on November 2, 2018, Acting Secretary of Homeland Security Elaine Duke announced on September 18, 2017. TPS is terminated when DHS determines that the country’s conditions no longer warrant such designation. In addition, DHS announced that TPS for South Sudan has been extended … Continue Reading

Lawsuits Over Rescission of DACA

On September 6, 2017, the day after Attorney General Jeff Sessions announced the rescission of DACA, 15 states and the District of Columbia filed a lawsuit challenging President Donald Trump’s DACA rescission. The states included in the lawsuit are Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Massachusetts, New Mexico, New York, North Carolina, Oregon, … Continue Reading

Government Agrees to Inform Travelers Denied Entry to U.S. of Right to Reapply for Visas

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

Trump to End DACA Program?

Indications are that President Donald Trump likely will end the DACA (Deferred Action for Childhood Arrivals) program while signaling the Administration’s willingness to work with Congress on an alternative program. Vice President Mike Pence, speaking in Texas, noted, “President Trump has said all along that he’s giving very careful consideration to that issue and that … Continue Reading

Trump Administration Considers Elimination of J-1 Program for Some Students

The Trump Administration is considering the elimination of the J-1 Summer Work-Travel Program for students who come to tourist areas in the U.S. as temporary summer help and as participants in cultural exchanges. Like the numerical limitations placed on H-2B temporary seasonal visas, the elimination of this J-1 Summer Work-Travel Program would particularly affect the … Continue Reading

In-Person Interviews for Each Green Card Applicant to Begin October 1

USCIS spokesperson Carter Langston confirmed that as of October 1, 2017, the employment-based green card process will include an in-person interview. Formal interviews have been a possibility for employment-based permanent residency applicants. However, for the last 10 years, employment-based green card applicants generally had the interview waived. Historically, in-person interviews were a sign of trouble, … Continue Reading

Diversity Applicants Sue to Force State Department Action

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

Trump Administration Stops Law Enforcement Funds to Chicago, Sanctuary City, and Gets Sued

Chicago, a sanctuary city, is challenging the Trump Administration’s ability to deny it needed law enforcement funds. The battle between the Administration and sanctuary localities began in April, when a federal judge blocked a part of President Donald Trump’s Enhancing Public Safety in the Interior of the United States Executive Order that directed government agencies … Continue Reading

Changes in FAM May Make it More Difficult for Students with Pending H-1B Cases to Travel

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

Trump Announces Support for Senate Bill Curbing Legal Immigration

President Donald Trump has announced his support for a reduction in legal immigration to the United States, backing a modified version of the bill first introduced in April by Senators Tom Cotton (R-AR) and David Perdue (R-GA). Trump on August 2 said he embraced a new “merit-based” immigration system, which he contends will benefit American … Continue Reading

Future of Deferred Action Program Uncertain as Attorneys General Group Warns of Possible Court Case

The Texas Attorney General, along with counterparts in nine other states (the group that successfully challenged the Deferred Action for Parents of Americans and Lawful Permanent Residents program, DAPA), has sent a letter to Attorney General Jeff Sessions asking the Administration to rescind the Deferred Action for Childhood Arrivals program (DACA). Created by President Barack … Continue Reading
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