President Trump issued three Executive Orders during the first week of his administration to fulfill his campaign promises. During the campaign, President Trump promised to build a wall along the southern border with Mexico and to impose a ban on the admission of Muslims until the new Administration could impose “extreme vetting” of all non-citizens admitted to the United States. A third Executive Order seeks to withdraw federal funding for sanctuary cities. The implementation of these Orders has been uneven, instilling fear and uncertainty among travelers, their employers and families, leading to numerous demonstrations in cities and at airports throughout the country.

While the three orders addressed different aspects of immigration, the most impactful order was the third one signed and immediately implemented on the late afternoon of Jan. 27, 2017. This order, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” suspended immediately the admission of all refugees for 120 days, Syrian refugees indefinitely and it prohibited the admission of all citizens from seven designated countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) with both immigrant and nonimmigrant visas for 60 days. Certain diplomatic visa holders were exempted from the Executive Order. While the Order provided for individual exemptions on a case by case basis, in the national interest, the standards and the procedures to apply for this exemption were not identified in the Order.
Continue Reading President Trump’s immigration Executive Orders

USCIS recently released a revised version of Form I-9, the Employment Eligibility Verification document. Since November 1986, all U.S. employers have been required to complete and retain the I-9 for all new employees. Employers may continue using the I-9 form dated March 8, 2013 until Jan. 22, 2017, when the use of the revised form becomes mandatory. It remains a 3 page form, but there are minor revisions, including a separate supplemental page for a preparer/translator and an “additional information” box on page 2, but there is also a new user-friendly online PDF “smart” version of the form available at http://www.uscis.gov/files/form/i-9.pdf.
Continue Reading Employer alert: Revised I-9 Form required beginning Jan. 22, 2017

This year brings more bad news for employers who filed H-1B petitions for foreign workers beginning on April 1, 2014.  On April 10, U.S. Citizenship & Immigration Services (USCIS) announced that it had received about 172,500 H-1B petitions, far above the 85,000 H-1B visas available each year (65,000 being available for bachelor degree-level graduates, with

This morning, the USCIS announced that the H-1B cap was reached during the initial filing period. More than 65,000 petitions were received for the regular cap, and more than 20,000 petitions were received for the advanced degree exemption. This announcement was expected, and it will take another couple of weeks for the USCIS to enter

A new year brings new opportunities and challenges, and it’s time for American employers to begin considering filing H-1B petitions for prospective new foreign national employees. The H-1B visa category provides for the temporary employment of foreign nationals who will work in “specialty occupations,” or those jobs for which at least a bachelor’s degree in