On September 24, 2017 President Trump announced an extended and enhanced version of the travel ban that was previously in place under Executive Order 13780 (EO-2). The Presidential Proclamation titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats,” a related Fact Sheet, and FAQs for the new ban are available on the White House website. As with EO-2, the ban affects immigrant and nonimmigrant visa issuance only. Therefore, nationals from the affected countries who already hold visas will not have those revoked. The U.S. Department of State has also announced that previously scheduled visa appointments will not be cancelled.
Trump Administration to require interviews for employment-based permanent residence applications
On Friday August 25, 2017, U.S. Citizenship and Immigration Services (USCIS) confirmed to Politico that certain permanent residence (green card) applicants must complete an in-person interview as part of the application process. The requirement will apply to anyone moving from a work visa to permanent residence, and is “part of President Donald Trump’s plan to apply ‘extreme vetting’ to immigrants and visitors to the U.S.”
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
Department of State plans to heighten screening and vetting of visa applicants: Update
As noted in our prior blog post, a Department of State cable sent by Secretary Tillerson on March 17, 2017 provided immediately effective guidance to all U.S. diplomatic and consular posts regarding the screening and vetting of visa applications.
On May 4, 2017, the Department of State published a Notice of request for emergency OMB approval and public comment on a new Form DS-5535, Supplemental Questions for Visa Applicants. This form would collect information from visa applicants who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibility.
USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs
News Release from Jewell Stewart & Pratt PC The final rule “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” was published today in the Federal Register, and will take effect 60 days later (January 17, 2017). This is notable as it will be effective before the inauguration of the new president two days later.
This rule is concerned with creating and amending regulations related to employment-based visa programs and is intended to better enable U.S. employers in retaining high-skilled nonimmigrant workers through temporary and permanent sponsorship, and to provide job flexibility and certainty to foreign workers who have been in the U.S. for some time.
Jewell Stewart & Pratt will be posting analysis on the rule next week, in the interim, the highlights are:
- Retention of approved immigrant visa petitions (I-140) and priority dates.
- H-1B extensions beyond the sixth year.
- Job portability for H-1B workers and for those who are in the final step of the permanent residence process.
- Definition of nonprofit entity for H-1B cap exemption.
- Grace periods for nonimmigrant workers.
- Employment authorization in compelling circumstances for certain beneficiaries (and their dependents) of an approved I-140 petition, as well as employment authorization automatic extensions in certain circumstances.
© Jewell Stewart & Pratt PC 2016
USCIS issues draft policy memo regarding job portability provisions of Immigration and Nationality Act
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) addressed the problem of delays and backlogs in the employment-based immigrant visa process by permitting certain applicants for adjustment of status to change jobs or employers. (See our post on the subject here.) Employers of these individuals do not need to retest the labor market for the new position, or obtain new, approved petitions on their behalf, if the following criteria are satisfied:
- An immigrant visa petition (Form I-140) on behalf of the applicant has been approved, or was approvable when filed.
- A filed application to adjust status to permanent resident, filed on the basis of the I-140, remains unadjudicated after 180 days or more.
- The applicant’s new job is in the same or a similar occupational classification as the job for which the petition was filed.
UPDATE: Government reissues October Visa Bulletin, rolls back 'Dates for Filing' for some visa application categories
We posted here about recent changes to the way the U.S. Department of State determines immigrant visa availability under the statutory system of preference categories and per-country quotas. The Department's Visa Bulletin now provides two cut-off dates – one governing when an I-485 application to adjust status to permanent residence may be filed ('Dates for Filing Applications') and one governing when a pending I-485 may be approved.
UPDATE: State Department changes the way it determines immigrant visa availability
News Release from Jewell & Associates, PC We previously posted here about unconfirmed reports of a possible change to the way the U.S. Department of State determines immigrant visa availability under the statutory system of preference categories and per-country quotas. These changes have now been confirmed in a post on the U.S. Citizenship & Immigration Services website.
Instead of a single cut-off date for each country of chargeability in each preference category, the monthly State Department Visa Bulletin now provides two cut-off dates – one governing when an I-485 application to adjust status to permanent residence may be filed (“Dates for Filing Applications”) and one governing when a pending I-485 may be approved (“Application Final Action Dates”). This new system has been implemented in time for the October 2015 visa bulletin.
The net effect of this change is to make the benefits of a pending I-485 application – including portability of the permanent residence process under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) – available to prospective immigrants sooner than under the prior system.
© Jewell & Associates, PC 2015
State Department may change the way it determines immigrant visa availability
News Release from Jewell & Associates, PC According to a news item posted online on September 3, 2015 by the National Law Review, there may soon be a change to the way the U.S. Department of State determines immigrant visa availability under the statutory system of preference categories and per-country quotas. Instead of a single cut-off date for each country of chargeability in each preference category, the monthly State Department Visa Bulletin may begin providing two cut-off dates – one governing when an I-485 application to adjust status to permanent residence may be filed, and one governing when a pending I-485 may be approved.
The net effect would be to make the benefits of a pending I-485 application available sooner to prospective immigrants than under the current system. We note that no official confirmation of this potential change has yet been provided. We will report on further details as they become available.
© Jewell & Associates, PC 2015
USCIS posts summary of upcoming executive actions on immigration
News Release from Jewell & Associates, PC On December 5, 2014, USCIS posted on its website a summary of the executive actions on immigration announced by President Obama on November 20, 2014. With respect to each of the major planned initiatives, the USCIS summary sets forth, to the extent currently known:
- Who is eligible
- What the initiative will do
- When an applicant can begin to make a request
- How to make a request
Importantly, the summary cautions: “These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. Subscribe to this page to get updates when new information is posted.” USCIS’s full posting, along with the link to subscribe to updates, is here.
By Phyllis Jewell. © Jewell & Associates, PC 2014