Ninth Circuit Decision on Travel Ban 2.0

News Release from Jewell Stewart & Pratt PC

On June 12, 2017 the U.S. Court of Appeals for the Ninth Circuit issued an order upholding the District Court’s decision to block President Trump’s second Executive Order regarding travel and refugee admissions (i.e., “Travel Ban 2.0”).

The Ninth Circuit’s order states that “the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress” and that “the Order runs afoul of other provisions of the INA that prohibit nationality-based discrimination.” The court affirmed the lower court’s decision to enjoin the travel ban and prevent suspension or limitations to the refugee program. However, the court also vacated the lower court’s decision to prevent the government’s internal reviews of visa issuance procedures.

The Ninth Circuit’s decision follows on the heels of the Fourth Circuit’s May 25, 2017 decision also blocking the ban. The administration is already seeing U.S. Supreme Court review of the Fourth Circuit decision.

© Jewell Stewart & Pratt PC 2017

Update: State Department now using Form DS-5535, Supplemental Questions for Visa Applicants

News Release from Jewell Stewart & Pratt PC – June 5, 2017 As noted in our prior post, the Department of State recently published a Notice of request for emergency approval by the Office of Management and Budget (OMB) for its new form, Form DS-5535, Supplemental Questions for Visa Applicants. The form was designed to collect extra information from visa applicants who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibility.

According to a news report from The Washington Post, Form DS-5535 was approved by the OMB and has been in use at U.S. embassies and consulates since May 25, 2017. A copy of the form is currently available on the U.S. Embassy and Consulates in Turkey website. The extra information it collects includes:

• Countries visited over the last fifteen years
• Email addresses used in the past five years
• Social media handles and aliases used in the past five years

Form DS-5535 is authorized on an emergency basis through November 2017, but as The Washington Post article notes, it is expected to be authorized on a permanent basis.

© Jewell Stewart & Pratt PC 2017

USCIS reports 27.7% increase in applications for U.S. citizenship

News Release from Jewell Stewart & Pratt PC – June 4, 2017 On April 30, 2017, U.S. Citizenship & Immigration Services (USCIS) released data related to the number of applications and petitions it processed in the first quarter of its 2017 fiscal year (October 1, 2016 to December 31, 2016). The number of N-400 applications for naturalization was 239,628, compared with 187,635 for the same period in the prior fiscal year – an increase of 27.7%.

Current and historical USCIS data on Form N-400 applications can be found at the USCIS website here. Further coverage of the spike in naturalization applications can be found in the May 30, 2017 edition of the Daily Journal legal newspaper, for which Jewell Stewart & Pratt PC principal Claire Pratt was interviewed and quoted.

© Jewell Stewart & Pratt PC 2017

Diversity Visa Lottery Program entrants can check status online now

News Release from Jewell Stewart & Pratt PC – May 2, 2017 From now through September 30, 2017, entrants in the DV-2018 Diversity Visa Lottery may check the status of their entries through the State Department’s Entry Status Check website.

Entry Status Check is the only means by which the State Department will notify DV-2018 entrants of their selection. It will give winners instructions on how to proceed with their application for U.S. permanent residence, and will provide them with the date, time, and location of their immigrant visa interview.

For general information about the annual Diversity Visa Lottery, visit the State Department’s Diversity Visa website.

© Jewell Stewart & Pratt PC 2017

U.S. district court dismisses legal challenge to rule allowing 24-month STEM OPT extensions

News Release from Jewell Stewart & Pratt – April 21, 2017 On March 11, 2016, the U.S. Department of Homeland Security (DHS) published a Final Rule that provided for, among other items, 24-month extensions to Optional Practical Training (OPT) work authorization for foreign nationals in F-1 student visa status who would otherwise be limited to twelve months of OPT. See our blog post discussing the rule here.

On June 17, 2016 this new Final Rule became the subject of a lawsuit before the U.S. District Court for the District of Columbia. On April 19, 2017, however, the court dismissed the lawsuit. The court found that the plaintiffs failed to state a claim upon which relief could be granted.

The Final Rule therefore remains in force: 24-month extensions to post-completion OPT are still available in appropriate circumstances, and prior grants of such OPT remain valid. The plaintiffs have not yet announced whether they will appeal the decision.

© Jewell Stewart & Pratt 2017

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”

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

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

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

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

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