Executive Order Temporarily Halting U.S. Immigration

Late last night President Trump tweeted that he would be issuing an Executive Order (EO) temporarily banning all new immigration to the U.S. Despite some speculation as to the content of the EO, we won't definitively know the nature, scope, and timing of the ban until the EO is released. D&S is monitoring this very closely and will provide an update once any new information is made available by the government.

Update: In his daily briefing this evening, Trump has said that the EO will suspend immigration for 60 days and will apply only to those seeking Permanent Residence, not to those on nonimmigrant visas. We continue to await the actual EO, which the President has indicated should be drafted and signed tomorrow (April 22) and will provide updated information at that time.

Media Reports Suggest Changes to AC-21

1/9/2018 UPDATE: USCIS has confirmed with news sources that it is NOT currently considering changing its interpretation of AC-21.

Media reports have been circulating which suggested that new regulations eliminating H-1B extensions beyond the six-year limit under The American Competitiveness in the 21st Century Act (AC-21) may be proposed.

While D&S is closely monitoring the situation, it is important to stress that as today, January 8, 2018, these reports remain unsubstantiated.  At this point, there has been no confirmation from the Department of Homeland Security (DHS) or any other government agency that the current administration is planning to take action to restrict or eliminate AC-21 benefits. Note that it would be unlikely and difficult for DHS to implement this change without going through the formal rulemaking process, which can take several months and requires a period of public notice and comment. Further, as of today, no rules have been proposed and no AC-21 related immigration rules appear on the agency’s recently-published regulatory agenda. Therefore, individuals with approved I-140 petitions or labor certifications filed more than one year before their final date in H-1B status continue to be eligible for H-1B extensions beyond the six-year limit at this time.

Again, D&S continues to review and monitor all actual proposed changes and will be updating clients in the coming days, weeks and months as any proposed immigration-related regulatory changes are introduced and reviewed.

D&S Update: Delay of Effective Date of Final Rule on Parole for Start-Up Entrepreneurs

The Department of Homeland Security (DHS) has issued an update to the Federal Register postponing the effective date of the Final Rule on Parole for Start-Up Entrepreneurs until March 14, 2018.

Prior to the postponement, the rule was set to become effective next week, on July 17, 2017. Once effective, the rule would permit DHS to grant parole to qualified foreign entrepreneurs on a case-by-case basis where the entrepreneur can demonstrate, substantial and demonstrated potential for rapid business growth and job creation and that they would provide a significant public benefit to the United States.

According to DHS, this delay will provide an opportunity to obtain comments from the public regarding a proposal to rescind the rule pursuant to the Trump Administration's January 25, 2017 Executive Order, ‘‘Border Security and Immigration Enforcement". 

Comments are due by August 10, 2017. 

USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse

Today, Monday April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced multiple measures to “deter and detect H-1B visa fraud and abuse,” including targeted site visits and a new avenue for H-1B visa holders and U.S. workers to report potential violations of the H-1B visa program.

Effective immediately, USCIS will also take a more targeted approach when making site visits to H-1B petitioners and the worksites of H-1B employees. USCIS has indicated that the targeted site visits will focus on:

• Cases where USCIS cannot validate the employer’s basic business information through commercially available data;
• H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers); and
• H-1B workers who work offsite at another company or organization’s location.

USCIS will continue to conduct random, unannounced administrative site visits nationwide. However, USCIS has indicated that the addition of these targeted site visits will allow the Agency to focus resources where they believe fraud and abuse of the H-1B program may be more likely to occur.

The Agency further clarified that the site visits are not meant to target nonimmigrant employees for any kind of criminal or administrative action, but rather to identify employers who are abusing the H-1B visa program.

USCIS has also established an email address which will allow individuals (including both American workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse) to submit tips, alleged violations and other relevant information about potential H-1B fraud or abuse.