On September 15, 2020, Judge Amit P. Mehta filed an amended order in Gomez v. Trump in response to the Department of State’s (DOS) guidance regarding the processing of Diversity Visa applications. DOS had announced that it would not issue visas to applicants who were subject to the “14-Day Quarantine” rule if they were not
Trump Administration
Update: Extension of Wind Down for Salvadoran TPS Beneficiaries
By Forrest G. Read IV on
Temporary Protected Status (TPS) beneficiaries from El Salvador will likely have a longer wind down period than beneficiaries from other countries impacted by the recent Ninth Circuit decision.
In October 2019, the United States entered into an agreement with El Salvador addressing national security concerns. El Salvador agreed to implement information sharing, border and…
Federal Appellate Court Upholds End of Temporary Protected Status for El Salvador, Nicaragua, Sudan
By Amy L. Peck & Michael H. Neifach on
The Trump Administration’s effort to end Temporary Protected Status (TPS) for approximately 250,000 people from El Salvador, Nicaragua, and Sudan has been upheld in a split ruling from U.S. Court of Appeals for the Ninth Circuit in Crista Ramos, et al. v. Wolf, et al. TPS for Honduras and Nepal likely will be affected by…
State Department Guidance on DV Issuance Priorities Falls Short
Judge Amit Mehta in Gomez v. Trump ordered the Department of State (DOS) to make good faith efforts to “expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications” and issue visas to those eligible by September 30, 2020 – the deadline for the Diversity Visa program.
In response, DOS has issued guidance,…
DHS to Propose Expansion of Biometrics Collection
On September 11, 2020, the Department of Homeland Security (DHS) will release a new regulation for notice-and-comment that proposes to expand the collection of biometric data and give DHS increased flexibility to deal with emerging needs. Here are a few highlights from the draft 328-page rule.
- Unless waived by DHS, any applicant, petitioner, sponsor,
…
DACA Litigation Update
By Brian Shyr on
On June 18, 2020, when the Supreme Court ruled that the Trump Administration had not properly terminated the Delayed Action for Childhood Arrivals (DACA) program, many (including Dreamers themselves) assumed that at least for the time being, DACA would remain intact and that individuals who were eligible but had not previously applied would be…
New Rule Likely Intended to Formalize Onerous H-1B Requirements
By Amy L. Peck & Michael H. Neifach on
The “Strengthening the H-1B Nonimmigrant Visa Classification Program” rule has been submitted to the Office of Information and Regulatory Affairs (OIRA) for review and could be published by the end of the year – or earlier. Although the text of the rule is still not public, it is generally believed that the proposal will formalize…
Update on Gomez v. Trump
Acting quickly, as he promised, Judge Ahmit P. Mehta in Gomez v. Trump, recognized the particular urgency of the Diversity Visa plaintiffs’ situation and granted them injunctive relief. Judge Mehta ordered the Department of State (DOS) to make good faith efforts to “expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications” and…
Foreign Student Status and Student Work Authorization
Foreign students wishing to study in this country may have whiplash over the Trump Administration’s many moves.
Early in 2020, a federal court blocked the Department of Homeland Security (DHS) from changing the rules regarding duration of status admission to the United States. Under the Trump Administration’s proposed policy, students might unknowingly accumulate unlawful presence…
Judge to Decide on Administration’s Immigration-Related Restrictions Based on COVID-19 Pandemic
By Amy L. Peck on
In April and June, numerous Presidential Proclamations suspended entry of thousands of legal immigrants and nonimmigrants least until December 31, 2020, using the COVID-19 pandemic as the reason. This is despite the fact that legal immigration has been proven to bring economic growth.
One proclamation affects family-based, diversity visa, and employment based “Green Card” applicants.…