Nonimmigrant Visas - Jewell Stewart Pratt Beckerson & Carr PC

Possible Future Non-Immigrant Ban in the Presidential Proclamation?

May 11, 2020

June 9, 2020 update:

Regarding the possible extension of the April 22, 2020 Proclamation to include other high-tech visas or F-1 OPT, rumors are that a new travel and/or visa issuance ban for certain visa types (possibly new H-1Bs, L-1s, and J-1s) may be announced the week of June 15, and that other regulatory changes (which must go through Notice and Comment periods) may be announced in July. The situation is very fluid, nothing is confirmed, and we will post here if and when there are more details.

COVID-19-Related U.S. Travel Restrictions & Government Closures

Apr 24, 2020

Updated May 29, 2020Presidential Proclamation: As noted in our blog post on April 22, the new Presidential Proclamation regarding immigration affects only consular processing immigrant visa cases, with certain exceptions. Nonimmigrant visas and statuses are...

Update on Implementation of Public Charge Rule

Mar 5, 2020

As previously posted, on Monday, January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction against the administration’s public charge rule, which cleared a path for the Department of Homeland Security (“DHS”) to implement the public charge rule within the United States starting on February 24, 2020.

The new rule drastically changes the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.), and affects not only family-based but also employment-based filings.

USCIS Unlawful Presence Policy Memorandum for Fs, Js, and Ms Permanently Enjoined by District Court

Feb 13, 2020

As described in a prior post, on May 10, 2018, USCIS announced a policy memorandum titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants” (“memo” or “unlawful presence memo”). This memo was finalized on August 9, 2018. As background, F, J, and M nonimmigrant visas are for international students, scholars, and participants in international educational/cultural exchange programs (including interns and trainees). In brief, the memorandum would have changed the start of accrual of “unlawful presence” for F, J, and M nonimmigrants from the day after DHS made a formal finding that the individual violated their nonimmigrant status to the day after the individual engaged in an unauthorized activity. Unlawful presence often has serious, irreversible consequences such as bars to re-entry to the United States. This memo essentially undid years of law and policy that allow for notice and due process before a bar is applied.

The memo has been the subject of litigation, and on February 6, 2020, in the case of Guilford College et al. v. Chad Wolf, U.S. Department of Homeland Security et al., No. 1:18CV891 (M.D. N.C. Feb. 6, 2020), the U.S. District Court for the Middle District of North Carolina granted the Plaintiff’s motion for partial summary judgment and issued a permanent, nationwide injunction enjoining USCIS from enforcing the memo

USCIS Webinar Provides Details on H-1B Electronic Registration System

Feb 10, 2020

As discussed in prior posts, USCIS is taking steps to implement an electronic registration system for use in the upcoming H-1B cap lottery for government fiscal year 2021. More details were released this week in a USCIS webinar for “Registrants”—that is, the companies and organizations seeking to submit an H-1B petition.

In the webinar USCIS stated that Registrants will be able to set up accounts on February 24, one week before the registration window of March 1-20 opens. The agency confirmed that should the electronic system fail, it would require petitioners to submit full petitions as in past cap seasons; related filing deadlines will be announced later, should they become necessary.

Update on Expansion of Travel Ban 3.0

Feb 6, 2020

On January 31, 2020, the Trump administration expanded the current Travel Ban (commonly referred to as “Travel Ban 3.0”), which has been deemed lawful by the U.S. Supreme Court, to include additional countries. As with prior versions of Travel Ban 3.0, the expansion suspends entry by preventing visa issuance to citizens and nationals of the listed countries. As the ban is a visa issuance restriction and not an entry restriction, nationals from the affected countries who already hold visas may continue to use those visas.

Update on DHS and DOS Public Charge Rule

Jan 28, 2020

Update:

USCIS announced on January 31, 2020 that it will implement the rule changes for filings received on or after February 24, 2020. New forms are to be released the week of February 3, 2020.

Original post:

As discussed in a prior post, the administration’s “public charge” rule changes the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.). While litigation has delayed the implementation of the rule, on Monday, January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction against the rule, which clears a path for the Department of Homeland Security (“DHS”) to implement the public charge rule within the United States, except for Illinois, which has a statewide injunction that remains in place.

USCIS Announces Further Details About H-1B Electronic Registration

Jan 13, 2020

As discussed in our previous blog posts, USCIS is taking steps to implement an electronic registration to be used in the upcoming H-1B cap lottery for Fiscal Year 2021. A few further implementation details have now been released in a Federal Register posting dated January 9, 2020, and in a press release dated January 10, 2020. USCIS noted the following details:

The initial registration period will open from March 1 through March 20, 2020.

H-1B cap-subject petitioners, including those seeking Master’s cap H-1Bs, will be required to first register electronically with USCIS and pay the associated $10 H-1B registration fee for each submission.

Update on L-1 Intracompany Transferee Filings at the U.S.-Canada Border

Dec 17, 2019

This is a brief update on L-1 “intracompany transferee” visa processes for Canadian citizens, because those processes began changing in April 2018. As background, the L-1 intracompany transferee visa, in most cases, requires that the employer first file and obtain USCIS approval of an L-1 petition, and that the prospective L-1 employee (the beneficiary) then apply in person to a U.S. Consulate in their home country for a physical L-1 visa. Canadian citizens are usually “visa-exempt,” meaning they are not required to get a physical visa from a U.S. Consulate. Moreover, for L-1 visas, the North American Free Trade Agreement (NAFTA) allows for eligible Canadian citizens to submit their U.S. employer’s L-1 petition directly at a “Class A” port of entry (POE) for on-the-spot adjudication by U.S. Customs & Border Protection (CBP) at the same time the individual is asking CBP for admission to the U.S.