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, […]
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. […]
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 […]
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 […]
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
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, […]
President Trump is expected to sign an Executive Order as early as tomorrow entitled “Protecting the Nation from Terrorist Attacks by Foreign Nationals.” Once signed, the order will immediately implement two changes that will directly impact individuals seeking to enter the United States.
The order will create an immediate 30 day bar to enter into the […]
Part of President Obama’s regulatory agenda relating to immigration involved creation of an “entrepreneur visa” program that would allow foreign national inventors and entrepreneurs to be able to immigrate temporarily to the United States to establish and grow a business. While certain existing visa programs already provide some entrepreneurs and researchers with a mechanism to […]
USCIS published today a draft policy memorandum to help clarify whether a new job is in the “same or similar occupational classification” for purposes of Section 204(j) Job Portability for permanent residence. Job portability permits a foreign national to change jobs to one that is the “same or similar” when s/he has an approved […]
The Department of Homeland Security (DHS) posted a Regulatory Agenda Notice today in the Federal Register indicating that the agency will soon be issuing a proposed regulation intended to modernize certain aspects of the employment-based green card process. While the Notice provides very little detail, it does state that DHS is intending to propose […]
