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Undocumented Spouses of US Citizens Are Desperately Applying for Green Cards Because of Trump

Undocumented spouses of United States citizens have been rushing to apply for green cards and provisional waivers due to the threat of deportation under the Trump administration.

H-1B season about to begin

USCIS announced that it will begin accepting H-1B petitions subject to the FY2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY2018 cap will be rejected. In preparation for the FY2018 H-1B nonimmigrant visa cap season,

Court Reverses Denial of Asylum to Homosexual Petitioner from Mexico

The en banc Ninth Circuit reversed the BIA’s denial of asylum to a homosexual citizen of Mexico, finding that the petitioner had shown that Mexican officials were unable or unwilling to protect him from harm by private individuals due to his sexual orientation, and thus that he had established past persecution. The court also concluded that the petitioner was entitled to a presumption of future persecution, and remanded for the BIA to consider whether that presumption was rebutted, and also to consider the petitioner’s claims for withholding of removal and CAT protection, taking into account new evidence of the petitioner’s HIV diagnosis.

Hawaii and Maryland District Courts Stop Implementation of President Trump’s Travel/Refugee Ban

The U.S. District Court for the District of Hawaii issued a temporary restraining order (TRO) enjoining the government from enforcing or implementing Section 2 (90-day travel ban) and Section 6 (120-day ban on U.S. refugee program) of the March 6, 2017, Executive Order (EO 13780) nationwide. Also, early today, the U.S. District Court for the District of Maryland issued an injunction barring enforcement nationwide of Section 2(c) of the order. DOS announced that it will suspend implementation of the provisions of the Executive Order as required by the relevant court orders, and that U.S. embassies and consulates will continue to process visas for nationals of Syria, Iran, Libya, Somalia, Sudan, and Yemen. In a press release, AILA welcomed the issuance of the two TROs, with AILA President William Stock noting, “Once again, our judiciary system has spoken and has ruled that the imposition of a blanket travel ban on nationals of six Muslim-majority countries raises serious constitutional questions.”

Wall Street Journal: Immigrant Advocates Hail Ruling Blocking Trump’s Travel Ban

The Wall Street Journal reports that immigrant advocacy groups hailed a federal judge in Hawaii’s ruling on Wednesday that blocked President Trump’s revised travel ban from taking effect. However, they noted that the continuing legal battle over the ban casts an air of uncertainty over the immigration system and has already disrupted refugee resettlement and long-planned trips to the United States.

H-2B Cap reached for 2017

USCIS announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for FY2017. March 13, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2017.

H-1B’s about to begin

WASHINGTON — U.S. Citizenship and Immigration Services will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected.
The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as science, engineering and information technology.
Congress set a cap of 65,000 H-1B visas per fiscal year. An advanced degree exemption from the H-1B cap is available for 20,000 beneficiaries who have earned a U.S. master’s degree or higher. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met.
USCIS recently announced a temporary suspension of premium processing for all H-1B petitions starting April 3 for up to six months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification.While premium processing is suspended any Form I-907 filed with an H-1B petition will be rejected. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, both forms will be rejected.

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