Wolfsdorf Newsletter – February 2, 2017

As expected, on January 27, President Donald Trump signed an Executive Order called “Protecting the Nation from Terrorist Attacks by Foreign Nationals” relating to visa issuance, visa and entry screening procedures, and refugees. The Executive Order has sparked confusion, tumult, and protests across the U.S. and abroad.

Among the EO’s key provisions are the following:

  • A 90 day ban on the issuance of US visas to and entry to the United States of anyone who is a national of one of seven (7) “designated” countries – Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
  • An immediate review by the US Department of Homeland Security (DHS) of the information needed from any country to adequately determine the identity of any individual seeking a visa, admission or other immigration benefit and that they are not “security or public-safety threat[s]. This report must be submitted within 30 days and must include a list of countries that do not provide adequate information.
  • The suspension of the US Refugee Admissions Program (USRAP) for 120 days.
  • The implementation of “uniform screening standards for all immigration programs” including reinstituting “in person” interviews.
  • Requiring all individuals who need visas to apply for them in-person at US consulates, rather than allowing “mail-in” or drop-box applications.

Accordingly, if you are a national of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen and a U.S. visa or green card holder, we do not recommend that you travel outside the United States at this time. In addition, we recommend that all foreign nationals read our February 1, 2017 Travel Alert.

Please also review our resources on immigration policy under Trump:

UCLA Law’s Leadership, Empowerment, Advancement, and Distinction (LEAD) summit for Women
Allison-Claire Acker will present at UCLA Law’s Leadership, Empowerment, Advancement, and Distinction (LEAD) summit for Women on February 3, 2017. She will discuss, “Who Stays and Who Must Go: Protecting the Rights of Immigrations While Fulfilling the Responsibilities of Employers.”

EB-5 Summit by ILW.com
Joseph “Joey” Barnett will be speaking at the EB-5 Summit by ILW.com on February 24, 2017 on USCIS’ proposed EB-5 rules and their implications in 2017.

USCIS Issues Final Rule on International Entrepreneurs
The final rule, effective July 17, 2017, adds new regulatory provisions guiding the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial and demonstrated potential for rapid business growth and job creation that they would provide a significant public benefit to the United States.
View the Rule.

Reminder: USCIS Will Accept H-1B Petitions for FY 2018 Beginning April 1, 2017
On April 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2018 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering, and computer programming.

The congressionally mandated cap on H-1B visas for FY 2018 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

The Alliance of Business Immigration Lawyers (ABIL) recommends filing during the first five business days in April. Contact your ABIL member for help with H-1B applications.

By | 2017-02-02T00:57:27+00:00 February 2nd, 2017|Uncategorized|Comments Off on Wolfsdorf Newsletter – February 2, 2017

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