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So It’s Back to Private Prisons

In the waning months of 2016, the growing trend in the executive branch was disdain for the private prison system. The Department of Justice issued a memorandum stopping the practice altogether, which prompted action by other federal agencies. Immigration and Customs Enforcement (ICE) gave serious consideration to ending the practice...
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CBP Handout on Inspection of Electronic Devices

In light of increased inspection of electronic devises at the border, CBP recently released a handout explaining why a person’s electronic device may be subject to inspection, the authority to search electronic devices, and what happens with the return or seizure of detained such electronic devices. The following is a...
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Rollout of Administration’s Interior Enforcement on Immigration

As previously reported, two significant Executive Orders were signed by President Trump in January, “ Enhancing Public Safety in the Interior of the United States ” and “ Border Security and Immigration Enforcement Improvements ,” which are now being implemented. During the last several weeks, various immigration-related agencies announced a...
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H-4 Work Authorization Under Scrutiny; Delayed Processing Anticipated for H-4 Extensions

In 2015, the DHS promulgated rules that permitted spouses of certain H-1B visa holders to receive work authorization. Under the current rules, an H-4 spouse could may apply for work authorization if his or her H-1B spouse had an approved I-140 but was still awaiting visa availability. In the wake...
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Newest Executive Order Targets H-1B Program; Other H-1B News

On April 18, President Trump signed yet another Executive Order, “Buy American and Hire American,” in which he directs various agencies to review the current laws governing the H-1B program. President Trump also indicated he was directing federal agencies to review all visa programs and take prompt action to crack...
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Standards Broadened for Green Cards Based on National Interest Waivers

In late December, a precedent-setting case, Matter of Dhanasar , revised the analytical framework for assessing eligibility for national interest waivers (NIW) and presumably making NIWs more broadly available to foreign nationals who are pursuing endeavors that would benefit the United States, including entrepreneurs and individuals who are self-employed. The...
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Parole a Possibility for New Entrepreneurs

On January 17, 2017, DHS published a final rule that encourages entrepreneurship and investment to stimulate our economy by granting parole status to foreign nationals who establish start-up companies in the U.S. The rule is slated to go into effect on July 17. A new form is being created, and...
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Getting Stopped or Picked Up by ICE: Know Your Rights

As noted above, President Trump’s EO “Enhancing Public Safety in the Interior of the United States” effectively ended the priority system put in place by President Obama, which classified targets for removal based upon the seriousness of their crimes. Under the old system, by using prosecutorial discretion, foreign nationals who...
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Moving Through Customs

In this new period of extreme heightened security, travelers entering the United States can expect increased scrutiny by immigration inspectors.  Even before the new EOs heightened scrutiny at the borders, Customs and Border Patrol (CBP) officers had begun asking ESTA travelers for social media account information upon entry — the...
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Important Considerations for Employers

When the travel ban was signed, foreign nationals were not the only ones placed in a precarious position. Employers who have foreign nationals affected by the ban were affected as well. When faced with these realities, efforts to continue “business as usual” by reassigning work or passing over an otherwise...
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More Executive Orders in the Pipeline

There are three additional Executive Orders that were drafted and leaked in late January that could be signed by the President. These govern the DACA program, public benefits by foreign nationals, and nonimmigrant visas, with specific focus on H-1Bs. As of this writing, no new information has been issued or...
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Other Key Executive Orders: Enforcement Priorities and Border Security

Two other, significant Executive Orders were signed by Trump in January, “Enhancing Public Safety in the Interior of the United States” and “Border Security and Immigration Enforcement Improvements.” These EOs aim specifically to curb and solve unlawful immigration through aggressive detention and deportation of undocumented foreign nationals and by building...
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Executive Orders, Immigration Raids, Heightened Scrutiny at the Borders: A Whirlwind Month on Immigration – What’s Happened and Where We Are

Five days into office, President Trump signed several Executive Orders (EO) on immigration, including the travel ban, that wreaked havoc on U.S. immigration laws and procedures and caused chaos, panic, and fear within our immigration community. Below is a summary of what has happened, where we are, and what we...
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Current Status of the Travel Ban

As most already know, on January 27 President Trump issued an Executive Order, “Protecting the Nation from Terrorist Attacks by Foreign Nationals,” that temporarily halted all entries for nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The Refugee Admissions Program also was suspended. The EO went into effect...
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News in Brief:

The following additional items may be of interest to our readers: Congress Reaches Deal on Continuing Resolution, Containing Extension of Four Popular Immigration Programs: On December 9, 2016 Congress voted to extend the EB-5 Regional Center, Conrad 30 waiver, the Special Immigrant Religious Workers classification (EB-4), and E-Verify programs in...
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Electronic Visa Update System Goes Into Effect for Certain Chinese Visitors

DHS has established and has now implemented the Electronic Visa Update System (EVUS) for certain Chinese nationals. For now, the EVUS program only applies to unrestricted, maximum validity B visas, often issued for 10 years, contained in a passport issued by the People’s Republic of China. The program collects biographical...
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“Immediate Family” Definition for G, A, C-3, and NATO Dependent Visas Amended

The Department of Sate (DOS) issued a final rule, effective 12/7/2016, that amends the definition of ‘‘immediate family” for purposes of G, A, C-3, and NATO visa classifications. The rule narrows the definition of immediate relative with respect to sons and daughters: generally only unmarried sons and daughters residing with...
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Green Card Sponsorship Through Your Family’s Company? Some Relationships Are Still Too Close

It is possible to obtain a green card through the sponsorship of a company owned or managed by a close relative. However, it is well known that these cases frequently get audited by the Department of Labor, and some are denied if the family relationship could obstruct an honest recruiting...
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Have You Been Subjected to Rude Conduct by CBP When Seeking Entry into the U.S.? If So, Let Us Know!

The immigration bar has received several reports about foreign nationals who have been exposed to unprofessional, intimidating, and demeaning conduct by CBP officers during the inspection and admissions process. If you have been subject to disparaging, intimidating, or unprofessional remarks during the inspection process by a CBP officer, you can...
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Significant New Rule on Employment-Based Immigration, and EADs

The Department of Homeland Security (DHS) made final a long-awaited rule on issues that impact mostly H-1B professional workers and employment-based visa applicants and their dependents. The rule is intended to clarify and codify issues related to the retention of EB-1, EB-2, and EB-3 immigrant workers and make improvements affecting...
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