Canada & United States Immigration Lawyers
US (216) 593-0180       Canada (902) 275-2889        Send Email
 
Allen and Hodgman | US Immigration News
2741
page,page-id-2741,page-template,page-template-blog-full-width-image-2,page-template-blog-full-width-image-2-php,ajax_fade,page_not_loaded,smooth_scroll,

US Immigration News

   

USCIS continues to process DACA renewals

U.S. Citizenship and Immigration Services continues to process renewals for current and previous DACA recipients. Despite the cancellation of DACA by President Donald Trump in September 2017, federal district courts in both the Second Circuit and Ninth Circuit have issued orders keeping DACA in place. Appeals are pending in both courts. The U.S. Supreme Court refused to expedite the appeals of these cases. All eligible persons with current or previous DACA classification should file for renewals now while the court orders remain in effect. The court orders do NOT include persons who have never previously held DACA status. The vast…

H-1B Cap Reached for FY 2019

USCIS announced on April 6, 2018 that the H-1B cap has been reached for both the 65,000 “bachelor’s cap” visas as well as the additional 20,000 visas for persons holding U.S. master’s degrees. As a result, USCIS held a lottery to determine which petitions will be accepted, and which will be returned to the petitioners. A total of 190,098 petitions were received. This is down from 199,000 the previous year. USCIS selects about 100,000 petitions in all to account for denials and withdrawals. Therefore, the chance of success for any given applicant is around 50% to 60%. Master degree applicants…

Ninth Circuit affirms order blocking travel ban 3.0, but Supreme Court allows ban to take effect pending appeals

On December 4, 2017, the U.S. Supreme Court granted a stay of the injunctions issued by the Maryland and Hawaii District Courts against the latest Trump travel ban. The effect of this stay is that the travel ban announced by presidential “proclamation” on September 24, 2017 has been allowed to take effect. The Hawaii order is on appeal to the Ninth Circuit, and the Maryland order is on appeal to the Fourth Circuit. The stay means that the orders blocking the travel ban will be suspended during the course of the appeals. On Friday, December 22, 2017, the Ninth Circuit…

Trump administration proposes to repeal H-4 EAD regulation

On December 20, 2017 the Trump administration released its regulatory agenda for the coming year. Included in the agenda is a new regulation to repeal the H-4 EAD. The H-4 EAD allows the spouses of certain H-1B workers to obtain open work permits. In most cases this is limited to H-1B employees with approved I-140s. According to the regulatory agenda, a proposed rule will be announced in February 2018. A proposed rule does not take affect immediately. There must first be a period of notice and comment. It is possible the proposed rule will not be introduced at all, or…

Update on third Trump travel ban

As of October 24, 2017, all provisions of the second Trump travel ban (Travel Ban 2.0) have expired. Due to the federal court injunctions issued by federal courts in Hawaii and Maryland, many of these provisions were never enforced, at least against persons with significant ties to persons or organizations in the United States. Also on October 24, 2017, the Supreme Court of the United States dismissed all appeals of the federal court orders on the grounds the cases no longer presented a live case or controversy. On September 24, 2017 President Trump issued a “proclamation” instituting a third travel…

Trump cancels DACA program to outrage of millions

On September 5, 2017, U.S. Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (DACA) program would be cancelled. Sessions’s announcement was a hate-filled blistering attack on Dreamers, referring to them as criminals, and accusing them of stealing the jobs of hundreds of thousands of U.S. citizens. Opposition to the announcement was immediate and continues to grow across the country. We call on all decent minded Americans to contact your U.S. Representative and Senators to demand the passage of new legislation to restore the DACA program including a path to permanent status for DACA recipients. In a…

“Hire American” – What does it mean for H-1Bs?

On April 18, 2017 President Trump signed a new executive order described as “Buy American and Hire American.” News accounts and presidential speeches suggested the new Executive Order would severely restrict the availability of H-1B visas. This order came out just a few days after completion of the H-1B filing season and the H-1B lottery, when H-1Bs were already in the news. During the campaign, Trump had threatened to abolish the H-1B program entirely. In reality, the new Order does not change the existing H-1B program in any way. The only specific reference to H-1Bs stated: “In order to promote…