On March 27, 2018, ten former officials from the US Department of Justice, Department of Homeland Security, Immigration and Naturalization Service, Federal Bureau of Investigation, and Department of Health and Human Services filed an amicus brief to the Supreme court challenging the government’s misplaced reliance of the “presumption of regularity” in the Trump Travel Ban case. “The presumption of regularity is founded on the commonsense idea that courts should assume that government officials ‘have properly discharged their official duties’…before entertaining doubts about the integrity of official acts or documents.” As former General Counsel of the Immigration and Naturalization Service, as well as former Executive Associate Commissioner and former Deputy General Counsel of that agency, Paul Virtue was one of the participants in the brief. The brief was submitted “to make clear that the “presumption of regularity” has never been an obstacle to a court’s consideration of evidence showing that government officials have acted with an improper purpose.” The brief can be read here.
Grace Shie is a partner in Mayer Brown’s Washington DC office and a member of the Employment & Benefits group focusing on global mobility and immigration. She advises multinational companies on employee mobility and management of the work corps across the globe, including in major financial centers and emerging markets. Grace’s background includes five years in Hong Kong where she managed a top-ranked immigration practice covering Greater China and coordinated matters for clients in the Asia-Pacific region. Grace, who is fluent in Mandarin, continues to maintain a practice focus on inbound expatriate movement into China and Hong Kong, as part of Mayer Brown’s new global worksite initiative. In addition, she has a longstanding command of US immigration and manages global immigration matters across all worldwide regions.
BREAKING NEWS: USCIS Reaches FY 2019 Cap
USCIS announced today, April 6, 2018, that it has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019, as well as a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the “master’s cap.” Our Legal Update from April 5, 2018, included below, advises employers on how to prepare for the next stage – selection or rejection notices, and, for selected cases, potential RFEs.
The current administration has made US immigration policy a central focus of its “America First” stance, imposing de novo review of all visa petitions; refusing H-1Bs for an increasing volume of early-career IT workers; suspending expedited, premium processing options for H-1B filings; imposing record volumes of Requests for Evidence and audits on employers sponsoring H-1B and L-1 workers; and rolling out an aggressive fraud review process for IT staffing suppliers. In a Legal Update, Mayer Brown’s Liz Stern, Max Del Rey, and Anthony Tran advise on how to proceed during this disruptive time, when employers must be more prepared than ever.
Mayer Brown Litigation and Dispute Resolution partner Andrew Pincus (Washington, DC) was quoted in Corporate Counsel regarding the friend of the court brief that he and Mayer Brown attorneys Lauren Goldman and Karen Lim filed on behalf of 102 companies, including Amazon.com, eBay Inc., Facebook Inc., Google Inc., IBM Corp., Intel Corp., Levis Strauss & Co., Microsoft Corp, and Verizon Communications Inc.
Pincus told Corporate Counsel, “I think that the breadth and depth of support indicates the concern among American businesses that the rescission of DACA has significant adverse consequences for people they work with, and for American businesses generally. They [businesses] want to stand up and speak out and make sure that courts and Congress are aware of that.”
In an article discussing how the Trump Travel Ban 3.0 has taken shape, Law360 quotes Liz Stern as she describes the realities of the travel restrictions imposed on foreign nationals from the impacted countries: Chad, Iran, Libya, North Korea, Syria, Venezuela, Somalia and Yemen. She also describes the effect on foreign nationals not directly impacted by the ban, as they lean toward limiting international travel in a time of uncertainty.
In an article discussing the Trump administration’s focus on worksite enforcement featured in Bloomberg Law, Paul Virtue offers key insight into past and future actions by ICE to enforce laws targeting undocumented workers.
As the debate over immigration reform continues, the Society of Human Resource Management (SHRM) looks to Liz Stern to provide commentary on the merits of the Immigration Innovation Act, a bill designed to better manage the H-1B program.
We provide Law360’s analysis on the memorandum signed by President Trump to establish a National Vetting Center for the purpose of enhancing screening and vetting of individuals seeking to enter the United States.
With the filing window for H-1B petitions subject to the annual 65,000 cap fast approaching, employers should take certain steps to prepare for the heightened scrutiny placed on this visa category. The immigration priorities of the Trump administration include reform of the H-1B visa category, which allows US employers to employ foreign professionals in specialty occupations. While changes by regulation are not imminent, policy and procedural changes can be swiftly introduced without advance notice. Changes announced in 2017, along with current trends in petition adjudication, provide important lessons for employers seeking to utilize this visa category for their foreign work corps.
We provide SearchCIO’s latest analysis on how how Trump administration policies on the H-1B visa program may accelerate the move to the cloud in 2018, with commentary by Mayer Brown partner Dan Masur.