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,
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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.
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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.”
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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.
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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.
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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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The Second Circuit deferred to the BIA’s decision in Matter of F-P-R- to hold that the petitioner’s rebuffed effort to enter Canada from the United States after being illegally present in the United States following multiple deportations counted as his “last arrival” into the United States, thus giving him an additional one year from that date to file an asylum application. Accordingly, the court granted the petition for review in part and remanded in part for the BIA to determine whether the petitioner’s asylum application was timely.
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Washington state Attorney General Bob Ferguson said during a press conference on Thursday that his office is filing a motion asking a federal judge in Seattle to rule that an existing injunction against Trump’s earlier travel ban order applies to parallel portions of the president’s new directive. The states of Washington and Minnesota obtained the broadest injunction against Trump’s original order last month. Oregon was formally admitted to the case on Thursday, and the attorneys general of New York and Massachusetts announced plans yesterday for their states to join the effort.
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The crime of transporting a loaded firearm in violation of title 21, section 1289.13 of the Oklahoma Statutes is categorically a firearms offense under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C) (2012), even though the term “transporting” is not included in the Act, because section 237(a)(2)(C) is broadly construed to encompass all types of firearms offenses.
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The Associated Press published a leaked draft of a DHS intelligence report that found that country of citizenship is “unlikely to be a reliable indicator of potential terrorist activity,” and that few people from the seven Muslim-majority countries President Trump listed in his January 27, 2017, travel ban have been involved in terrorism-related activities in the United States since the start of the Syrian civil war in 2011. DHS did not dispute the report’s authenticity, but said that the report was “incomplete” and was not a final comprehensive review of the government’s intelligence. As reported in the Immigration Politics Ticker, President Trump is expected to sign a new travel ban on Wednesday—a day after his first address to a joint session of Congress.
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