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
Trump Administration
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…
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 …
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) …
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…
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 . . .…
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…
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…
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…
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…