White House Immigration

The federal government has entered its fourth week of a partial shutdown since December 22, 2018 because of a budget impasse between Congress and the White House.  This shutdown is the longest since 1995-1996, when the federal government was closed for 21 days, and now represents the longest lapse in federal funding in recent history.

Many agencies and departments continue operations through this shutdown because of previously approved funding bills or the essential nature of their personnel.  The information below summarizes the operating status of agencies responsible for immigration-related activities most relevant to employers. Continue Reading US Government Shutdown Impact on Immigration-Related Services

In a recent Bloomberg Law article discussing what 2019 has in store on the immigration front, Liz Stern remarks on the changing landscape of business immigration as USCIS challenges and narrows the definition of the H-1B specialty occupation visa category.  Although comprehensive immigration reform is not likely, Stern anticipates more litigation as businesses become increasingly frustrated with the shift in adjudication patterns, new regulations, and changes to specific immigration categories and benefits.  For more on what’s in store in the new year, read the article.

In a 5-4 decision issued on Tuesday, June 26, 2018, the US Supreme Court upheld the president’s broad statutory authority to suspend the issuance of visas to nationals of certain countries in the interests of national security. Finding the September 24, 2017, Proclamation 9645 (“Proclamation”) to be neutral on its face, the Court rejected the arguments of the State of Hawaii that the ban was a thinly veiled attempt to ban Muslims from the United States in violation of the Establishment Clause of the US Constitution and the Immigration and Nationality Act (“INA”).

“By its plain language, [the INA] grants the president broad discretion to suspend the entry of aliens into the United States,” the majority opinion, authored by Chief Justice John Roberts, states. “The president lawfully exercised that discretion based on his findings—following a worldwide, multiagency review—that entry of the covered aliens would be detrimental to the national interest. And plaintiffs’ attempts to identify a conflict with other provisions in the INA, and their appeal to the statute’s purposes and legislative history, fail to overcome the clear statutory language.”

Continue Reading Supreme Court Upholds Trump’s Third Travel Ban

An article in Law360 outlines the key items addressed in the Trump administration’s spring 2018 regulatory agenda, which was made available to the public in early May 2018.  Topics on the list include structural changes to the Executive Office for Immigration Review, the office within the US Department of Justice that oversees US immigration courts; changes to the EB-5 investor visa program, including increasing the minimum investment amount from $500,000 to $1.35 million; and rescission of the International Entrepreneur Rule (“IER”), a program implemented during the Obama administration to grant parole to entrepreneurs seeking to establish and build startup businesses in the United States.

The article can be read here.

 

On April 24, 2018, Judge John D. Bates of the Federal District Court for the District of Columbia ruled against the Trump Administration’s “unlawful” rescission of the Deferred Action for Childhood Arrivals (“DACA”) program. Arguing that the decision to end DACA was “arbitrary and capricious because the department failed adequately to explain its conclusion that the program was unlawful,” Judge Bates stayed his decision for 90 days to offer the Department of Homeland Security (“DHS”) the opportunity to provide sound justification for terminating the program.

Should DHS fail to adequately address its reasoning for canceling the DACA program within the timeframe, the government will be ordered to once again accept and process new and renewal DACA applications for eligible applicants.

Read the decision.


On Tuesday, April 10, 2018, President Donald Trump announced that restrictions on travel would be lifted for citizens of Chad, one of eight countries included in the third version of the administration’s controversial travel ban.   In doing so, the president cited improvement in Chad’s identity-management and information sharing practices. Originally announced on September 24, 2017 in the “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats,” Travel Ban 3.0 imposed restrictions on travel for nationals of Chad and seven other countries: Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen.   Mayer Brown’s Legal Advisory in September 2017 addresses the precise restrictions on each of the countries. Continue Reading President Lifts Travel Ban 3.0 for Chad, But Seven Other Countries Remain Barred

BREAKING NEWSUSCIS 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.

LEGAL ADVISORY:  What Every Employer Needs to Know

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.

Read the Legal Update.