Current Administration & Immigration
When there is a change in the party controlling the White House, we can expect shifts, rollbacks, and some raveling of existing policies. Action taken since the inauguration of President Donald J. Trump has proven more vigorous than most. This portal has been established to provide readers with links to follow important changes that may affect immigrants, employers of immigrants, or the immigration process.
NewsFlash! Supreme Court Upholds Trump’s Travel Ban
This morning, the U.S. Supreme Court held that the travel ban implemented by President Trump in September 2017 was a permissible exercise of his authority under the Immigration and Nationality Act (INA). Pursuant to this rule, the travel ban, which applies to citizens of Iran, Libya, Syria, Somalia, Chad, Yemen, North Korea, and some government officials from Venezuela, remains in place.
Proposed Removal of the International Entrepreneur Program
21 Jun 2018
As has been anticipated, the U.S. Department of Homeland Security (DHS) issued a proposed rule to terminate the International Entrepreneur Rule (IER). This rule allows a foreign national to apply to be temporarily paroled into the U.S. based on a qualifying investment. More details on the program are available in the MurthyDotCom NewsBrief, Final Rule to Create Parole Program for Entrepreneurs Published (01.Feb.2017). Read more.
MurthyBlog: Attorneys Represent at AILA Annual Conference
20 Jun 2018
Last week, attorneys from all over the nation gathered at the 2018 American Immigration Lawyers Association (AILA) conference in San Francisco, California, and several attorneys from the Murthy Law Firm were among them. Several Attorneys from the firm were in attendance. Firm founder and president Sheela Murthy and attorney Khorzad Mehta were there as session presenters. This year’s conference came at a precarious time for our nation’s immigrants. The first year of the Trump Administration has ushered in unprecedented attacks on the foundations of our immigration system through senseless and draconian policy and xenophobic rhetoric. But the hundreds of immigration professionals who attended the AILA conference remain steadfast in their commitment to help immigrants achieve their American dreams. Read more.
Updated Rulemaking Agenda Again Lays Out Trump’s Harsh Plans for Foreign Nationals
11 May 2018
At the end of 2017, MurthyDotCom summarized a number of concerning immigration regulations under consideration by the Trump Administration in the NewsBrief, Troubling Immigration Rules, Including End of H-4 EAD, on Trump’s Rulemaking Agenda (2017.Dec.15). While none of the rules has yet come to light, the U.S. Department of Homeland Security (DHS) updated its rule list for spring 2018, indicating that the Administration is still intending to move forward with several regulations that will negatively affect immigrants. Read more.
Trump Administration to End TPS for Nepal, Effective June 24, 2019
03 May 2018
On April 26, 2018, the U.S. Department of Homeland Security (DHS) announced that the temporary protected status (TPS) designation for certain nationals of Nepal will be terminated as of June 24, 2019. Since taking office in January 2017, President Trump has taken steps to terminate TPS designations for nationals of more than a half-dozen countries, including Haiti, El Salvador, Sierra Leone, and Nicaragua. Read more.
Trump Administration Creates Quota System for Immigration Judges
26 Apr 2018
The Trump Administration recently announced that a quota system will be incorporated into the individual performance evaluations for all immigration judges to require them to process cases more quickly. Immigration judges are responsible for presiding over cases such as removal (i.e. deportation) and asylum proceedings. Read more.
9,000 Nepalis Face Deportation as Trump Administration Prepares to Cancel Residency Permits
25 Apr 2018
From the Washington Post: The Department of Homeland Security is preparing to cancel the temporary residency permits of about 9,000 immigrants from Nepal, the Trump administration’s latest move to expel foreigners living in the United States with some form of provisional status.
According to internal planning documents viewed by The Washington Post, Homeland Security Secretary Kirstjen Nielsen will give the Nepalis a one-year grace period to prepare their departure, but they would face deportation after June 24, 2019. Read more.
Federal Judge Orders Government to Continue DACA and Accept New Applicants, in Toughest Blow Yet to Trump’s Efforts to End Program
24 Apr 2018
From The Washington Post: U.S. District Judge John D. Bates called the decision to end the Deferred Action for Childhood Arrivals program “virtually unexplained” and therefore “unlawful.” However, the judge stayed his ruling for 90 days to allow the Trump administration to provide a more solid reason for ending the program.
This is a developing story that The Washington Post will be updating.
MurthyBlog: Literature Tackling Immigration in the Trump Era
06 Mar 2018
In the nascent days of 2018, the Trump Administration is gearing up to continue the assault on immigration that has become a shameful trademark of this presidency. Targeting both undocumented foreign nationals and those lawfully in the United States, the Administration’s push for supposed “America first” policies is embedded in a culture of “us” versus “them.” Read more.
NewsFlash! Proposed Rule to Terminate H-4 EAD Program Delayed Until June or Later
01 Mar 2018
The proposed rule to terminate the program that allows certain H-4 spouses to obtain employment authorization is not expected to be published until at least June 2018. The rule was previously slated for publication in February 2018. The U.S. Department of Homeland Security is apparently in the process of making revisions to the proposal. No further details were provided. Read more.
Analysis of USCIS Memo on H1B Workers Placed Offsite
01 Mar 2018
On February 22, 2018, the United States Citizenship and Immigration Services (USCIS) released a policy memorandum, entitled “Contracts and Itineraries Requirements for H1B Petitions Involving Third-Party Worksites.” This policy memo revises USCIS policy related to H1B petitions filed for workers who will be employed at one or more third-party or end-client worksites. The memo specifically focuses on staffing companies that use the petitioner – vendor – client relationship, which is common in the information technology industry. When placing an employee at a third-party work location, the petitioner must demonstrate that there is specific and non-speculative work in a specialty occupation for the beneficiary for the entire period requested in the petition. Read more.
NewsFlash! Supreme Court Refuses Trump’s Request to Review DACA Injunction
26 Feb 2018
This morning, the U.S. Supreme Court refused the Trump Administration’s request to hear a direct appeal of a federal district court’s nationwide injunction blocking the termination of the Deferred Action for Childhood Arrivals (DACA) program. This means that, for the time being, those who had DACA status as of September 5, 2017, may still be eligible to renew their DACA status.
USCIS Releases Memo on Required Documentation for H1B Workers Placed Offsite
23 Feb 2018
The U.S. Citizenship and Immigration Services (USCIS) released a memo yesterday that stresses the requirement for proper documentation when filing a petition for an H1B worker who will be placed at a third-party location. The policy memo states that petitioning employer that routinely places H1B workers offsite “… often submit uncorroborated statements describing the role the H1B beneficiary will perform … Such statements by the petitioner, without additional corroborating evidence, are often insufficient to establish … that the H1B beneficiary will actually perform specialty occupation work.” Read more.
Federal Appeals Court Grants Abeyance in H-4 EAD Lawsuit, but Program Still in Jeopardy
22 Feb 2018
Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit granted the Trump Administration’s motion to hold the lawsuit challenging the legality of the H-4 EAD program in abeyance for 90 days. This means the lawsuit will remain suspended for the next 90 days, at which point the Administration must provide the court with a status update. The purpose of the abeyance is to allow the Trump Administration more time to issue new regulations that will eliminate the H-4 EAD program, and thus make the pending lawsuit moot. Read more.
NewsFlash! Senate Fails to Pass DACA, Border Security Bill
15 Feb 2018
This afternoon, the U.S. Senate failed to pass a bipartisan immigration bill that would have provided protection for beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program and increase funding for border security. The bill needed 60 votes to proceed, but only received 54 votes.
A different immigration bill, which was promoted by the Trump Administration, only garnered 39 votes. That bill would have protected DACA recipients, massively increase funding for border protection, and also eliminate the diversity visa lottery, along with most forms of family-based immigration.
Federal Judge Rules Against Trump in His Push to End DACA
14 Feb 2018
On Tuesday, February 13, 2018, a federal district judge ruled that the Trump Administration must continue to process renewal applications under the Deferred Action for Childhood Arrivals (DACA) program, along with applications for those who were previously enrolled, but whose enrollment lapsed before September 5, 2017. This is the second federal district judge to rule against President Trump on his attempt to end the program. Instructions for applying to renew DACA benefits are available on the “USCIS website.
Trump Orders Creation of National Vetting Center to Screen Foreign Nationals
07 Feb 2018
On February 6, 2018, President Trump ordered the creation of a National Vetting Center, saying it is needed “…to better identify individuals seeking to enter the country who present a threat to national security, border security, homeland security, or public safety.” The center, which will be run by the U.S. Department of Homeland Security (DHS), is to be established within six months, and will serve to centralize the vetting of foreign nationals seeking to enter the United States.
It should be noted that the DHS, U.S. Department of State (DOS), and related agencies already perform extensive vetting of foreign nationals. Further, these agencies already have systems in place to share information about foreign nationals who apply for U.S. immigration benefits.
Tech Heavyweights Urge Trump to Keep H-4 EAD Rule in Place
30 Jan 2018
As has been widely reported, the Trump Administration is planning to rescind an Obama era policy granting work permits to certain spouses of H1B workers. When it was implemented in 2015, the rule change was heralded as a landmark in U.S. immigration policy because, for the first time, it allowed nearly 42,000 H-4 spouses to earn an income and contribute to the economy. But now, businesses are preparing to deal with the fallout of the proposed rule change. Read more.
NewsFlash! White House Unveils Proposed Immigration Reform Plan to Congress
25 Jan 2018
This evening, the Trump Administration sent Congress a proposal for an immigration reform bill that would provide relief to 1.8 million “dreamers” (i.e. undocumented foreign nationals brought to the United States as children), while also providing funding for a U.S. / Mexico border wall and eliminating most forms of family-based immigration. Read more.
NewsFlash! Supreme Court to Hear Travel Ban Case
19 Jan 2018
This afternoon, the U.S. Supreme Court agreed to hear the legal challenge to the latest travel ban imposed by President Trump. The travel ban applies to citizens of Iran, Libya, Syria, Somalia, Chad, Yemen, along with citizens of North Korea and some government officials from Venezuela. The case will be heard by the court this spring, and is expected to be decided by June 2018.
NewsFlash! Trump Administration Asking Supreme Court to Overturn DACA Injunction
16 Jan 2018
The U.S. Department of Justice (DOJ) is taking the unorthodox step of asking the U.S. Supreme Court to overturn a federal district court’s nationwide injunction blocking the termination of the Deferred Action for Childhood Arrivals (DACA) program. In addition, the DOJ has appealed this decision to the U.S. Court of Appeals for the Ninth Circuit, which is the usual method of challenging a district court’s injunction. However, rather than waiting to see how the Ninth Circuit rules on this issue before petitioning the high court, the DOJ is also asking for the Supreme Court to intercede directly.
USCIS Resumes Accepting DACA Renewal Applications Following Court Order
15 Jan 2018
The U.S. Citizenship and Immigration Services (USCIS) is now, once again, accepting applications to renew benefits under the Deferred Action for Childhood Arrivals (DACA) program. This comes following a preliminary injunction issued by a federal district court on January 9, 2018, temporarily preventing the Trump Administration from winding down the DACA program. Instructions for applying to renew DACA benefits are available on the USCIS website.
Federal Judge Delivers Temporary Relief for DACA Recipients
10 Jan 2018
Last night, a federal judge in California temporarily blocked the Trump Administration from ending the Deferred Action for Childhood Arrivals (DACA) program. Per the court order, anyone who had DACA status as of the date President Trump ordered that the program be rescinded, September 5, 2017, may renew their DACA status while the lawsuits challenging the end of the program remain pending.
In the meantime, President Trump met with Congressional leaders yesterday to discuss a possible long-term solution for DACA recipients, commonly known as ‘dreamers’. President Trump and some Republican members of Congress seem willing to strike a deal with Democrats to protect dreamers, so long as additional border protection is provided.
MurthyAudio: H-4 EAD Under the Trump Administration
09 Jan 2018
Murthy Law Firm attorneys discuss the fate of the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) in this special teleconference held on January 9, 2018 for members of the Telugu Association of North America (TANA). Now this discussion is available for all stakeholders who rely on MurthyDotCom to stay informed about the U.S. immigration system. The MP3 is available to listen through your browser. It will soon be listed among our iTunes audio offerings.
TPS for El Salvador Being Terminated, Effective September 9, 2019
09 Jan 2018
The U.S. Department of Homeland Security (DHS) announced on January 8, 2017 that the temporary protected status (TPS) designation for certain nationals of El Salvador will be terminated as of September 9, 2019. Under the Trump Administration, the DHS has announced the termination of TPS designations for citizens of numerous countries, including Haiti, Liberia, Sierra Leone, and Nicaragua. Read more.
MurthyBlog: Immigration Under President Trump – America’s Loss is Canada’s Gain
09 Jan 2018
New York City has historically been a beacon for immigrants hoping to build a new life in the United States. As America was emerging as a land of opportunity, millions of immigrants disembarked on the shores of Ellis Island in Upper New York Bay after long, treacherous journeys from their native countries, ready to chase their dreams in an unfamiliar country. The city has remained one of the most diverse regions in the world, a metropolitan melting pot where 48 percent of small business owners and 45 percent of the overall workforce are immigrants. But according to a recent profile in The New York Times, the Trump Administration’s hardline stance on immigration is threatening New York City’s status as a prime destination for immigrants, to the detriment of our nation as a whole. Read more.
NewsFlash! Trump Administration Abandons Attempts to End AC21 H1B Extensions
09 Jan 2018
It seems that the Trump Administration is no longer pursuing efforts to eliminate extensions of H1B status beyond the standard six-year max, as permitted by the American Competitiveness in the Twenty First Century Act (AC21). The U.S. Citizenship and Immigration Services (USCIS) noted that it is not seeking to reinterpret section 104(c) of AC21, which allows for three-year extensions based on an approved I-140.
The USCIS further appears to have acknowledged that it has no discretion to deny one-year H1B extensions permitted under AC21 section 106(b). This is consistent with the legal analysis made by the Murthy Law Firm in the MurthyDotCom NewsBrief, “Legislative Barriers Likely Prevent Trump from Eliminating AC21 H1B Extensions” (03.Jan.2018).
Legislative Barriers Likely Prevent Trump from Eliminating AC21 H1B Extensions
03 Jan 2018
In recent days, news of a potential change in policy related to the American Competitiveness in the Twenty First Century Act (AC21) has begun to spread throughout the legal and immigrant communities. Sources claim that the Trump Administration is considering regulatory changes to the policy regarding H1B extensions beyond the standard 6-year maximum. There certainly are changes to the AC21 regulations that could be made. But, without Congressional approval, the plain language of the statute makes it unlikely that the Administration could completely eliminate the ability of H1B workers to extend status beyond six years. Read more.
Find 2017 entries here.
