Administrative Action

/Administrative Action

Government Shutdown Impact on Immigration

By midnight, January 20th, 2018, the U.S. Congress failed to pass a budget which effectively shut down the federal government. While certain “essential” government positions remain unaffected, such as the U.S. military, the impact on the U.S. immigration system for employers and employees is significant. What follows is a brief breakdown of the impact on […]

By | 2018-01-20T17:41:28+00:00 January 20th, 2018|Categories: Administrative Action|Comments Off on Government Shutdown Impact on Immigration

Trump Administration “backs away” from removing post six-year H-1B Extensions

The media reported late January 8th that the Trump Administration, admidst strong pressure from the business and technology sectors, decided to back away from its proposal to remove the ability of Foreign Nationals to extend H-1B status past the six year limit. The U.S. Citizenship and Immigration Services (“USCIS”) confirmed that it is still conducting […]

By | 2018-01-09T11:32:27+00:00 January 9th, 2018|Categories: Administrative Action, H-1B, Immigration Reform|Comments Off on Trump Administration “backs away” from removing post six-year H-1B Extensions

USCIS Issues New Guidance Restricting Use of the TN Economist Category

On Monday, December 18th, USCIS issued new guidance relating to the TN category for Economists which greatly reduce its applicability to qualifying Economist roles.

Foreign nationals working in financial analyst, market research analyst, or marketing specialist […]

By | 2017-12-20T20:11:23+00:00 December 20th, 2017|Categories: Administrative Action, Immigration Reform, Travel|Comments Off on USCIS Issues New Guidance Restricting Use of the TN Economist Category

U.S. State Department Integrates “Buy American and Hire American” into FAM

The U.S. Department of State (“DOS”) has made several revisions to the Foreign Affairs Manual (“FAM”) directly reflecting the “Buy American and Hire American” Executive Order (“EO”) 13788 that was signed by President Trump in April 2017. The FAM is the authoritative source containing policies and procedures to guide DOS consular officers to effectively carry out […]

By | 2017-08-24T19:15:05+00:00 August 24th, 2017|Categories: Administrative Action, Executive Order, F-1, H-1B, L-1, Travel|Comments Off on U.S. State Department Integrates “Buy American and Hire American” into FAM

Department of Homeland Security Delays Implementation of International Entrepreneur Rule

The Department of Homeland Security (DHS) announced today that it is delaying the effective date of a regulation finalized under the Obama administration that would provide new avenues for foreign national entrepreneurs to come to the United States to start and grow new businesses.  The rule was to become effective on July 17, 2017, […]

By | 2017-09-20T17:51:02+00:00 July 10th, 2017|Categories: Administrative Action|Comments Off on Department of Homeland Security Delays Implementation of International Entrepreneur Rule

9th Circuit Upholds injunction on President Trumps Travel Ban

Monday, June 12th, 2017, the 9th Circuit became the second court to uphold an injunction on President Trump’s Travel Ban. This ruling affirmed a March decision from Judge Watson of the Federal District Court in Hawaii. Previously, the Fourth Circuit also upheld an injunction, a decision which prompted the administration to seek review by the U.S. Supreme Court. […]

By | 2017-06-12T17:48:36+00:00 June 12th, 2017|Categories: Administrative Action, Court Decision, Travel|Comments Off on 9th Circuit Upholds injunction on President Trumps Travel Ban

Travel Ban 2.0 temporarily suspended

The United States District Court for the District of Hawaii issued a Temporary Restraining Order (“TRO”) on President Trump’s Executive Order  (“EO”) entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”  This TRO prevents the government from enforcing sections 2 and 6 of the EO, and is national in scope. Section […]

By | 2017-09-20T17:51:02+00:00 March 15th, 2017|Categories: Administrative Action, Executive Order, Travel|Comments Off on Travel Ban 2.0 temporarily suspended

DOL FAQ on Unquantified Experience, as listed in H.14 of ETA Form 9089

On Monday, March 6th, the U.S. Department of Labor (“DOL”) issued a new FAQ on unquantified experience as listed in section H.14 of ETA Form 9089, which takes effect March 20, 2017. The FAQ changes decades of employer recruitment practice by requiring employers to quantify any skill set required to perform the job, as listed […]

By | 2017-03-10T16:52:54+00:00 March 9th, 2017|Categories: Administrative Action, DOL|Comments Off on DOL FAQ on Unquantified Experience, as listed in H.14 of ETA Form 9089

Travel Ban Update: Where things stand & What we know

The implementation of President Trump’s Executive Order (“EO”) entitled “Protecting the Nation from Terrorist Attacks by Foreign Nationals” continues to be fluid. Here is an update on where things stand today.

This weekend the Department of Justice (“DOJ”) filed for an immediate administrative stay, or the immediate lifting of the Temporary Restraining Order (“TRO”). A Federal District Court Judge

By | 2017-09-20T17:51:03+00:00 February 6th, 2017|Categories: Administrative Action|Comments Off on Travel Ban Update: Where things stand & What we know

Travel Ban for individuals from Iran, Iraq, Syria, Libya, Somalia, Sudan, and Yemen to enter the U.S. for 90 days

Yesterday afternoon, President Trump signed Executive Order, Protecting the Nation From Foreign Terrorist Entry Into the United States. As a result, nationals from the seven countries of Iran, Iraq, Syria, Libya, Somalia, Sudan, and Yemen, are banned from entry into the U.S. for 90 days. This includes U.S. Permanent Residents, or individuals with “green cards,” and dual nationals, […]

By | 2017-01-28T20:23:25+00:00 January 28th, 2017|Categories: Administrative Action|Comments Off on Travel Ban for individuals from Iran, Iraq, Syria, Libya, Somalia, Sudan, and Yemen to enter the U.S. for 90 days