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New Executive Order to "Buy American, Hire American" requires government agencies to suggest reforms to “promote the proper functioning of the H-1B visa program”

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News Release from Jewell Stewart & Pratt – April 18, 2017 An Executive Order signed by President Trump on April 18, 2017 directs the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security to, among other items, (1) suggest reforms to help “promote the proper functioning of the H-1B visa program", including ensuring that H-1B visas are awarded to the most-skilled or highest-paid beneficiaries; and (2) propose new rules and issue new guidance to protect the interests of U.S. workers in the administration of the U.S. immigration system, "including through the prevention of fraud or abuse." However, the Executive Order makes no immediate changes to any nonimmigrant visa programs, including the H-1B program. It also does not provide a deadline for the agencies to produce their proposals, guidance, and suggested reforms.

© Jewell Stewart & Pratt PC 2017

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H-1B cap update – USCIS reports 199,000 petitions received

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News Release from Jewell Stewart & Pratt PC - April 17, 2017 Today USCIS announced that it received 199,000 H-1B petitions in the filing period that began on April 1. On April 11 USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the cap. USCIS says that it conducted the selection process for advanced degree exemption petitions first; all advanced degree petitions not selected were then made part of the random selection process for the 65,000 limit. Any petitions not randomly selected will be rejected and returned with the filing fees.

© Jewell Stewart & Pratt PC 2017

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H-1B cap reached for FY 2018, lottery triggered

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News Release from Jewell Stewart & Pratt PC - April 7, 2017

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2018. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the U.S. advanced degree exemption. USCIS will not accept H-1B petitions subject to the FY 2018 cap or the advanced degree exemption after today.

USCIS is expected to use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2018 cap-subject petitions received through April 7, 2017. The agency typically conducts the selection process for advanced degree exemption petitions first, and includes all advanced degree petitions not selected in the random selection process for the 65,000 limit. The exact day of the random selection process has not yet been announced.

USCIS will likely provide more detailed information about the H-1B cap next week.

© Jewell Stewart & Pratt PC 2017

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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