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US Immigration News

   

Supreme Court leaves orders blocking travel ban in effect for most immigrants

On June 26, 2017 the Supreme Court of the United States issued an order agreeing to review the decisions of the Fourth Circuit and Ninth Circuit Court of Appeals. Both of these courts had issued nation-wide orders blocking the Trump travel ban for nationals of Iran, Syria, Libya, Somalia, Sudan, and Yeman. The decision to review the cases was expected given the importance of these cases. In addition, the Supreme Court left in place the restraining orders blocking enforcement of the travel ban in most cases. The Supreme Court ruled that the travel ban could not be enforced against anyone…

USCIS resumes premium processing of H-1B petitions for Conrad 30 doctors

On June 23, 2017, USCIS associate director Donald Neufeld announced at the American Immigration Lawyers Association conference that USCIS would resume premium processing of H-1B for Conrad 30 physicians. These are doctors who have agreed to work for three years in medically undeserved areas, in order to obtain waivers of the two-year foreign residency requirement resulting from completing medical training programs in J-1 status. Each state in the U.S. can designate up to 30 physicians for this program. A large number of doctors working in rural and undeserved areas are Conrad 30 doctors. The law requires that these doctors must…

“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…

H-1B Cap Reached for FY 2018 – First receipts received

USCIS announced on April 7, 2017 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 holds a lottery to determine which petitions will be accepted, and which will be returned to the petitioners. USCIS has not yet announced how many petitions were received, or when the lottery was held. However, lawyers, including our office, are reporting that receipts have started arriving. As of April 17, 2017, all of the reported receipts so far have been for “Masters Cap”…

Second Trump travel ban blocked by U.S. Federal Court

On March 15, 2017, U.S. District Judge Derrick K. Watson of the United States District Court for the District of Hawaii issued a nationwide restraining order blocking implementation of the second Trump travel ban. The travel ban would have gone into effect on March 16, 2017. As a result, the second travel ban is not in effect. The second travel ban blocks entry to the United States for citizens of six predominantly Muslim countries, including Iran, Syria, Lybia, Yemen, Sudan and Somalia. It also blocks all entry by refugees. Unlike the first travel ban, the new travel ban does not…

Appeals Court upholds order blocking Trump’s anti-Muslim travel ban

On Thursday February 9, 2017 the Ninth Circuit Court of Appeals issued an historic decision upholding the lower court’s order blocking Donald Trump’s travel ban. On January 27, 2017, Trump issued an Executive Order prohibiting entry to the United States by any non-citizen from seven predominantly Muslim countries. The order also blocked entry to the United States by all refugees regardless of their country of origin. Finally, the order stated that when processing of refugees resumed, preference would be given to “religious minorities.” In practice this meant Christian minorities in Muslim countries. The State of Washington filed suit in U.S….

Seattle Federal Judge blocks Trump order nationwide – Travel resumes as of February 4

Late Friday afternoon on February 3, 2017, Judge James Robart of the U.S. District Court for the Western District of Washington issue a sweeping Temporary Restraining Order blocking the Trump travel ban nationwide. Shortly after the order was issued, both Customs and Border Protection and the State Department lifted restrictions on travelers from the seven banned countries (Syria, Iran, Iraq, Somalia, Yemen, Sudan and Lybia). Airlines appeared to be boarding passengers with valid visas. Click here for a copy of the Order. Early Saturday morning, Donald Trump abusively referred to Judge Robart as a “so-called judge” but had not otherwise…

Victory! Federal judge blocks Trump immigration order.

Late in the evening on Saturday January 28, 2017, Federal District Judge Ann Donnelly issued a nation-wide temporary injunction prohibiting the removal of persons from the United States based on Donald Trump’s Executive Order issued just 24 hours earlier. This case was brought in the name of Hameed Darweesh. Mr. Darweesh is an Iraqi translator who assisted the U.S. military in Iraq for ten years. He was issued a Special Immigrant Visa to the United States, and was in transit when the Executive Order was issued. He was arrested and detailed upon his arrival in the United States based on…

Trump issues shocking Executive Order barring entry by Nationals of seven Muslim countries and all Refugees

Late in the afternoon of Friday January 27, 2016, President Donald Trump signed an Executive Order that does the following: The order bars entry into the United States by all nonimmigrants and immigrants “from” seven Muslaim-majority countries. These countries are Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yeman. The ban includes holders on nonimmigrant visas such as visitor visas, student visas, and H-1B visas. The ban also includes persons with both immigrant visas and existing green card holders, even those who have been living legally in the United States for many years. Finally, the ban includes dual citizens such as…