Trump Signs Two Executive Actions on Immigration: What Comes Next?

Yesterday President Trump issued the first in a series of Executive Orders on border security and immigration enforcement. Among other items, the President announced that he would order DHS to construct a southern border wall, increase the size of the enforcement agencies, and require that states and localities engage in immigration enforcement to supplement federal efforts. 

Today President Trump is expected to sign an Executive Order that would suspend the issuance of visas and other immigration benefits to nationals of "countries of particular concern," stop refugee admissions for 120 days, add requirements for screenings and procedures for all immigration benefits, halt Syrian refugee processing indefinitely, and suspend the visa interview waiver program, among other things.  These are highly unpredictable times, creating a lot of uncertainly among many foreign nationals.  Continue to watch AILA.org for the latest news regarding executive actions and announcements from the new administration.

Department of State Alert: Technical Problems with Visa Systems Continue

U.S. Department of State (DOS) has advised this week that the Bureau of Consular Affairs continues to experience technical problems with its overseas passport and visa systems. To date, only 22 posts have been reconnected, representing about half of the global nonimmigrant visa volume. Please note, that while DOS acknowledged that Customer Border Protection is accepting I-193 waiver of visa applications for urgent travel for travelers affected by the technical difficulties, DOS will need to approve potential I-193 applicants before they can apply at a port of entry.

Employment Authorization For Certain H-4 Dependent Spouses

Beginning May 26, 2015, certain H-4 dependent spouses of H-1B visa holders can file for employment authorization, as long as the H-1B visa holder has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B visa holder:

·         Is the principal beneficiary of an approved I-140 immigration petition; or

·         Has been granted H-1B status under sections 106(a) and (b) of the AC21. AC21 permits H-1B visa holders seeking lawful permanent residence to work and remain in the U.S. beyond the 6-year limit on their H-1B status.

For more information, refer to the information on the USCIS site: http://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses.

 

USCIS Alert: FY2016 H-1B Cap Reached!

USCIS announced this week that it has received enough H-1B cap-subject petitions to reach the cap for FY2016 (employment start date of October 1, 2015).  USCIS will complete initial intake before it conducts the lottery, but due to the high number of petitions, it is not yet able to announce when the lottery will occur.

USCIS Will Begin Accepting Applications for Expanded DACA Starting February 18, 2015

On November 20, 2014, President Obama announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation. 

Individuals with no lawful immigration status who are seeking initial or renewal Deferred Action for Childhood Arrivals (DACA) may submit their applications to USCIS starting February 18, 2015.  Expanded DACA extends the deferred action period and employment authorization to three years from two years, and allows you to be considered for DACA if you:

◦ Entered the United States before the age of 16;

◦ Have lived in the United States continuously since at least January 1, 2010, rather than the prior requirement of June 15, 2007;

◦ Are of any age (removes the requirement to have been born prior to June 15, 1981); and

◦ Meet all the other DACA guidelines.

2015 H-1B Season Is Fast Approaching!

U.S. employers wishing to employ foreign national workers in the H-1B specialty occupation category starting October 1, 2015, may file the H-1B applications 6 months prior to the October 1^st start date, or April 1, 2015.  There is an annual quota of 65,000 visas for foreign nationals in the general H-1B category and 20,000 for foreign nationals with an advanced degree (Master’s or higher).  Last year USCIS reached the quota for both the general and advanced degree H-1B categories within the first week of April 1, 2014 filing deadline, with the remainder of the applications being subject to a lottery. 

With U.S. economy on the up-swing, it is projected that more U.S. employers will be onboarding new employees this year, including foreign national workers.  The demand for H-1Bs will be higher than in previous years, and the quota will probably once again be reached in the first week of April 1st for foreign national workers who wish to begin employment on October 1, 2015.  It would be wise for the U.S. employers to begin the H-1B process early on to ensure that the applications are filed on April 1, 2015.

BREAKING NEWS: Obama's Executive Order on Immigration Has Been Announced!

Last night President Obama unveiled a number of executive actions he will take on immigration, among them providing immigration relief for nearly 5 million illegal aliens currently in the U.S.  For further details behind this Executive Order, take a look at the following DHS announcement:  http://www.dhs.gov/immigration-action.