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USCIS announces new measures to detect H-1B visa fraud and abuse

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U.S. Citizenship and Immigration Services (USCIS) announced new measures to detect H-1B visa fraud and abuse. In addition to its usual random and unannounced site visits, USCIS says that it will now make targeted site visits to:

  • Employers whose basic business information cannot be validated through commercially available data.
  • H-1B-dependent employers -- i.e. those with a high ratio of H-1B workers to U.S. workers, as defined by statute.
  • Employers petitioning for H-1B workers who work off-site at another company or organization’s location.

USCIS also announced that it had established an email address that will allow individuals to submit "tips, alleged violations and other relevant information about potential H-1B fraud and abuse."

Travel Ban 2.0 Blocked Indefinitely

News Release from Jewell Stewart & Pratt – March 30, 2017 As reported on March 30, 2017 by Laura Jarrett, CNN, “A federal judge in Hawaii granted the state’s request for a longer-term halt of the revised travel ban executive order Wednesday [March 29th]. U.S. District Court Judge Derrick Watson blocked the core provisions of the revised executive order two weeks ago, concluding that the order likely violates the Establishment Clause of the Constitution by disfavoring Muslims. But Watson’s earlier decision was only a limited freeze of the executive order through a temporary restraining order. As a result, the plaintiffs asked the judge to convert that decision into a longer-term preliminary injunction and Watson agreed Wednesday night, meaning that the President’s 90-day ban on foreign nationals from six Muslim-majority countries and the 120-ban on all refugees entering the country are now blocked indefinitely, unless any higher court changes Watson’s order or the state’s lawsuit is otherwise resolved.”

Update: The Trump Administration filed an appeal to the District Court's ruling on March 30.

© Jewell Stewart & Pratt PC 2017

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State Department guidance to consular posts on heightened screening and vetting of visa applicants worldwide: "all visa decisions are national security decisions"

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Following the issuance of Executive Order 13780 by President Trump on March 6, 2017 (banning visa issuance to nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen) and the associated presidential memo to the Secretaries of State, Justice, and Homeland Security directing their agencies to implement protocols and procedures on screening and vetting of visa applicants, Secretary of State Rex Tillerson issued a series of four cables to U.S. consular posts abroad. 

Temporary Restraining Order Issued for Travel Ban 2.0

News Release from Jewell Stewart & Pratt – March 15, 2017 On March 15, 2017, the U.S. District Court for the District of Hawaii issued a temporary restraining order prohibiting the federal government from enforcing the travel ban in the March 6, 2017 Executive Order (EO) on a nationwide basis. In his order, U.S. District Judge Derrick K. Watson stated that the EO was “issued with a purpose to disfavor a particular religion” and that “nationwide relief is appropriate in light of the likelihood of success.” The travel ban will therefore not take effect on March 16, and the government is prohibited from enforcing the travel ban until further ordered from the court. As with the previous litigation, there may be further hearings before a permanent order is issued.

Update: On March 16, the U.S. District Court for the District of Maryland separately issued a ruling barring the implementation of the EO. The Department of State also issued a statement of compliance with the court orders.

© Jewell Stewart & Pratt PC 2017

Revised travel ban issued

An Executive Order signed by President Trump on Monday, March 6, 2017 suspends entry by citizens and nationals of six countries — Iran, Libya, Somalia, Sudan, Syria, and Yemen --  for at least 90 days from the new order’s effective date of March 16, 2017.  The March 6, 2017 Executive Order (EO) expressly revokes and replaces EO 13769 of January 27, 2017, which banned travel by nationals of seven countries, including Iraq, which is not designated in the new EO.

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USCIS temporarily suspends Premium Processing Service for H-1B petitions

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News Release from Jewell Stewart & Pratt – March 3, 2017 On March 3, 3017, USCIS announced that starting April 3, 2017, it will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017, including all FY18 cap-subject H-1B petitions, including regular, master’s advanced degree, and cap-exempt cases.  While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet certain criteria. USCIS indicated that it needs the suspension to focus on reducing backlogs and processing times.

© Jewell Stewart & Pratt PC 2017

Revised travel ban delayed again

News Release from Jewell Stewart & Pratt – March 1, 2017 According to reports on March 1, 2017, the White House has further delayed issuing its revised travel ban. News reports on February 28th and March 1st indicate that the new ban will exclude Iraq from the list of seven countries whose citizens are to be banned, and that the ban will not apply to U.S. permanent residents and existing visa holders. Reportedly, the revised ban will have a “phased-in” approach to minimize disruption to travelers in transit. These reports have not been confirmed or denied in official government statements.

© Jewell Stewart & Pratt PC 2017

New travel ban to be issued on Wednesday, March 1

News Release from Jewell Stewart & Pratt – February 27, 2017 As of February 27, 2017, a revised “travel ban” has not been released by the White House. Reports indicate that it may be released on Wednesday, March 1. To date, there are no confirmed reports of what the revised ban will entail. We are watching closely for developments.

© Jewell Stewart & Pratt PC 2017

Immigration enforcement and travel ban updates

News Release from Jewell Stewart & Pratt – February 23, 2017 On Monday, February 20, 2017, the U.S. Department of Homeland Security (DHS) issued two memoranda to its sub-agencies concerning immigration enforcement and in particular the agency’s plans for implementing President Trump’s two Executive Orders related to U.S. border and interior enforcement. The DHS memoranda rescind and replace all previous agency guidance regarding enforcement priorities against undocumented immigrants (with the exception of President Obama’s Dreamer and DACA/DAPA orders), expanding the pool of persons prioritized for removal to include undocumented immigrants who have been charged with (not necessarily convicted of) any criminal offense, or who have “committed acts” that constitute a chargeable offense. The memoranda also end long-standing protections to children, massively expand immigration detention, and call for the hiring of thousands of ICE and CBP officers. Further commentary is available here.

As of February 23, 2017, a revised “travel ban” has not been released by the White House. Reports indicate that it may be released in the week of February 27th. To date, there are no confirmed reports of what the revised ban will entail.

© Jewell Stewart & Pratt PC 2017

White House intends to issue new travel ban

News Release from Jewell Stewart & Pratt – February 16, 2017 In briefing filed with the Ninth Circuit Court of Appeals on February 16, 2017, the White House indicated that it was not seeking further review of the travel ban that was part of Executive Order 13769. Instead, it stated that it intends to issue a new Executive Order intended to “eliminate . . . constitutional concerns” with the initial order. If a new Executive Order is released, it would likely moot the existing litigation.

We are watching closely for developments related to the litigation and any new Executive Orders related to travel. In the meantime, unless/until a new Executive Order is released and the litigation is vacated by a court, all U.S. land and air ports of entry are prohibited from enforcing Executive Order 13769 until further orders from a court.

Update: On February 16th the Ninth Circuit issued an order stating that en banc proceedings are stayed pending further orders of the court. President Trump stated in a news conference that the new executive order would be issued next week.

© Jewell Stewart & Pratt PC 2017