Immigration

The U.S. Mission to Turkey has announced that it has suspended all nonimmigrant (temporary) visa processing at posts in Turkey. This includes all nonimmigrant visa services at the U.S. Embassy in Ankara and the U.S. Consulate in Istanbul.

U.S. Citizenship and Immigration Services (USCIS) has announced that as of today, October 3, 2017, it has resumed the premium processing option for all H-1B petitions including for the conversion of pending petitions. USCIS reinstated the premium processing service for H-1B Cap-subject cases on September 18, 2017.

U.S. Citizenship and Immigration Services (USCIS) has issued a new version of its Application for Employment Authorization Form I-765 to allow applicants to simultaneously apply for a Social Security Number (SSN). 

The chances of a stand-alone EB-5 bill gaining consensus with lawmakers on Capitol Hill are low. With the GOP failing to repeal the Affordable Care Act, lawmakers may be spending time readjusting priorities in unexpected ways for the remainder of 2017.

On Sunday, September 24, 2017, the White House issued a proclamation (the “P.P.” or “Presidential Proclamation”) titled, Proclamation on Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats,” laying out travel restrictions for eight countries, including five that were subject to the previous travel ban, which we wrote about last on September 12th.

The U.S. Department of State has announced that registration for the 2019 Diversity Immigrant Visa Program (DV-2019), also known as the Green Card Lottery, will commence at noon, Eastern Daylight Time (EDT), Tuesday, October 3, 2017. Registration will close at noon, EDT, Tuesday, November 7, 2017.

On September 18, 2017, USCIS resumed premium processing for all H-1B visa petitions that are subject to the FY2018 annual cap.

On Monday, September 11, 2017, Supreme Court Justice Anthony Kennedy issued a temporary order allowing the exclusion of most refugees pursuant to the Trump administration’s Travel Ban while the Court considers the ultimate legality of the revised Executive Order.

On Thursday, September 7, 2017, the 9th Circuit Court of Appeals let stand the Hawaii District Court temporary injunction against the Trump administration’s revised travel ban.

Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. 

Q. When is the DACA program ending?
A. The Trump Administration rescinded the DACA program on September 5, 2017, but is phasing out the program over a six-month period that will end on March 5, 2018.

Today the Trump administration rescinded the Deferred Action for Childhood Arrivals (“DACA”) program, which allowed for deferred deportation or removal action against certain people who came to the U.S. as children and also provided eligibility for work authorization.

U.S. Citizenship and Immigration Services (“USCIS”) issued a Press Release, which confirms the implementation of a new policy to require interviews for all employment-based adjustment of status applicants, as well as expanding the interview requirement to other categories.

The Trump Administration is evaluating potential reductions to U.S. cultural exchange programs that allow young people from across the world the opportunity to work temporarily in the US. The potential cuts would impact five programs that are part of the J-1 visa exchange visitor program.

On August 25, 2017, Politico reported that U.S. Citizenship and Immigration Services (“USCIS”) intends to implement a new policy to require interviews for all employment-based adjustment of status applicants and will be expanding the interview requirement to other categories.

In a continuation of the diplomatic tit-for-tat with Russia, the U.S. Embassy in Moscow announced on Monday, August 21, 2017, that it would suspend issuance of nonimmigrant visas for eight days starting August 23rd. Nonimmigrant visa issuance will resume at the Embassy on September 1st, but will be suspended indefinitely at other posts in Russia.

On August 2, 2017 Republican Senators Tom Cotton (AR) and David Perdue (GA) unveiled an immigration bill titled The Reforming American Immigration for a Strong Economy Act (RAISE Act).  While the stated purpose of this bill is to increase skilled immigration to the U.S. and protect the American workforce, it would do neither of these things.

Doug Hauer, Member, will be a featured panelist at the National LGBT Bar Association’s annual Lavender Law conference and career fair on August 2-4, 2017 in San Francisco.

Effective immediately, United States Citizenship and Immigration Services (USCIS) will resume premium processing for select cap-exempt H-1B petitions. Cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service, along with the filing fee of $1,225.

This is a follow-up to the Supreme Court’s decision on June 26, 2017 which allowed the Trump Administration’s Travel Ban affecting nationals of six designated Muslim-majority countries to be partially implemented until its hearing on the merits in the fall.