Executive Actions - Jewell Stewart Pratt Beckerson & Carr PC

Alarming Change of Policy for Treatment of Certain Status Violations for F, J, and M Visa Holders

Jun 20, 2018

On May 10, 2018, USCIS announced a draft policy memorandum titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants.” F, J, and M nonimmigrant visas are for international students, scholars, and participants in international educational/cultural exchange programs (including interns and trainees). The draft policy is slated to become final and effective on August 9, 2018.

In the draft policy, USCIS announced a dramatic change to the treatment of “status violations” by individuals in the U.S. on F, J, and M visas. A status violation is any failure to meet a term or condition of the visa, including unknowing and unintentional technical violations (e.g., lowering one’s course load below a certain number of credit hours, engaging in casual work, accruing too many days of non-work after school completion, etc.).

Statement on Family Separation

Jun 19, 2018

Dear Clients, Friends, and Community –Like many of you, we are shocked at the administration’s treatment of asylum seekers and in particular the separation of families at the border. Seeking asylum is not a crime. There is no law preventing families from staying...

USCIS, Having Granted No Applications Under International Entrepreneur Rule, Proposes Elimination of Program

May 29, 2018

On May 29, 2018, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register proposing elimination of the International Entrepreneur Rule (IER). Public comments on the proposed elimination are due by June 28, 2018. USCIS expects that, after the comments are considered and a final rule is published, the final rule would take effect 30 days after publication.

Update on work authorization for certain H-4 dependents

Mar 1, 2018

The Trump administration was due to propose new regulations by the end of February 2018, eliminating the ability of certain H-4 dependents to work. Although it has not yet issued proposed regulations, there is now a potential timeline for that to occur. In ongoing litigation over the regulation allowing H-4 employment, the U.S. Court of Appeals for the District of Columbia Circuit ordered the case to be held in abeyance following a motion from the Department of Homeland Security (“DHS”) requesting time to issue a proposed “rescission” regulation in February 2018. Although DHS did not issue such a regulation in February, the Circuit Court order, issued February 21, 2018, gives the DHS 90 days, or until May 22, 2018, to provide an update on rulemaking.

USCIS Restricts Availability of NAFTA Work Authorization (TN Status) for “Economist” Category

Jan 4, 2018

On December 18, 2017, U.S. Citizenship & Immigration Services (USCIS) announced a policy change affecting the adjudication of applications for TN visa status under NAFTA.

Background on TN visa status

TN visa status allows citizens of Canada or Mexico to work legally in the U.S. if their employment fits within any of 62 occupational classifications and they have the corresponding educational and/or professional qualifications. One such occupational classification is “Economist.” The full list of eligible occupational classifications is found in Appendix 1603.D.1 of the NAFTA treaty, as well as in the federal regulations at 8 C.F.R. Section 214.6.

USCIS Accepts Applications Under the International Entrepreneur Rule, While Pushing Plans to Abolish the New Rule

Jan 4, 2018

On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the International Entrepreneur Rule (IER), in compliance with a federal court order. The IER regulations, 8 CFR § 212.19, allow qualifying foreign national entrepreneurs to enter the U.S. temporarily to develop and grow new businesses. At the same time it is accepting applications under the IER, however, the agency is preparing to publish a Notice of Proposed Rule-Making (NPRM) to rescind the IER. Thus, it is unclear whether individuals who apply to enter the U.S. pursuant to the IER will ultimately receive the benefits of the rule, or for how long.

SCOTUS Allows Travel Ban 3.0 to Take Effect Immediately

Dec 5, 2017

Issuing two separate orders (here and here) on the Trump Administration’s Travel Ban today, the U.S. Supreme Court allowed the third iteration of the ban, issued via Presidential Proclamation on September 24, 2017, to take full immediate effect. We detailed the ban in...

Ninth Circuit Reinstates Travel Ban 3.0

Nov 14, 2017

The Ninth Circuit Court of Appeals today issued an order reinstating the Trump Administration’s third version of a travel ban. The ban was announced in President Trump’s September 24, 2017 proclamation and is now in effect; affected are nationals of Chad, Iran, Libya,...

Travel Ban 3.0 – On Hold by the Courts

Oct 20, 2017

In two separate Federal Court decisions issued on October 17, 2017, the majority of the travel restrictions set forth in President Trump’s September 24, 2017 proclamation titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the...