Canadian Citizens Will No Longer Be Permitted To Extend or Renew L-1 Status at the US Border

United States Customs and Border Protection (CBP) recently implemented a major policy change to the adjudication process of L-1 Intracompany Transferee petitions filed by Canadian citizens.  Beginning in March of 2019, CBP officers at all ports of entry and pre-clearance facilities ceased adjudicating L-1 petitions for extension or renewal, including L-1A blanket petitions. CBP continues to adjudicate all new L-1 petitions for Canadian citizens and L-1 petitions for intermittent/commuter Canadian citizen employees.

CBP made this policy change after determining that the authority to extend/renew L-1 petitions falls to United States Citizenship and Immigration Services (USCIS), rather than CBP. As a result, all L-1 petitions for extension/renewal must now be filed with USCIS by mail.

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Cap on H-1B Visas for FY 2020 Reached Within 5 Days

Each year, the U.S. Citizen and Immigration Services (USCIS) grants 85,000 H-1B visas to applicants in “specialty occupations”. This cap has not increased since 2004, and has been greatly outweighed by demand over the last few years. Within the first five days of the 2020 fiscal year application filing period, which started on April 1, 2019, the cap was reached, as 201,011 petitions were received by April 5. This marks a 5% increase in petitions from the previous year.

Immigration legal experts at the American Immigration Lawyers Association (AILA) have lamented that the limitation on the supply of high-skilled foreign workers is detrimental to continued economic growth of the U.S. economy. H-1B visa holders and applicants are filling a critical and ever-growing void in the U.S. economy by providing needed expertise, particularly in the Information Technology (IT) and tech development industries. Without meeting the demand for these talented foreign professionals, future growth and innovation are stifled.

Even as the economy and labor demand has continued to grow in the past several years, the maximum accepted applications has remained steady for the past sixteen years. The number of applicants has surpassed the numerical cap of 85,000 for the past seven years. The next opportunity to apply for an H-1B visa is April 1, 2020, which would have a job start date of October 1, 2020 or later, depicting on when a decision is reached on an applicant’s case.

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Update on the Travel Ban and DACA

Travel Ban

travel-ban May 2018On April 25th, 2018 the Supreme Court heard oral arguments from both sides on President Trump’s highly scrutinized “travel ban”. The travel ban, now in its third iteration, prohibits entry of travelers from five Muslim-majority countries (Iran, Syria, Yemen, Somalia, and Libya), as well as North Korea and government officials from Venezuela. Although previous versions of the travel ban were initially partially blocked by U.S. District Courts in Hawaii and Maryland, the Supreme Court lifted such injunctions in December 2017.

Since Trump first issued his travel order, setting off widespread chaos at airports just a few days after his inauguration, the issue has strongly shaped public perceptions of the new administration. It has also led to a string of defeats in lower courts, where judges ruled that the measure exceeded Trump’s authority and, in some cases, said it reflected bias against Muslims.

 

However, the Supreme Court of the United States has provided a friendlier forum, on this topic. The justices issued a ruling in June 2017 that allowed the second version of the travel ban to take partial effect. Then, in December 2017, with only two dissenting votes, they set aside lower-court rulings to allow the administration to put the third version into practice, a strong indicator of where the majority was headed.

Justice Samuel A. Alito rejected the notion Trump’s order could be considered a “Muslim ban,” noting it does not apply to most of the largest Muslim nations.

“If you look at what was done, it does not look like a Muslim ban,” he said.

Justice Neil Gorsuch, Trump’s appointee, questioned whether the challengers had standing to sue in the first place. Foreigners overseas do not have rights in U.S. courts, he said. Plaintiffs who live in Hawaii sued, contending the travel ban was illegal, but “third parties can’t vindicate the rights of aliens,” Gorsuch said.

Chief Justice John G. Roberts Jr. and Justice Anthony M. Kennedy portrayed the issue before the court as one of national security in which the chief executive, not the judicial branch, should be entrusted to weigh possible threats from foreign visitors.

 

A final decision by the Court is expected at the end of June. Meanwhile, the current version of the travel ban remains in effect during deliberation. Continue reading

What You Really Need to Know About the Rescission of DACA

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On September 5, 2017, Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (DACA) program is being rescinded.  The Department of Homeland Security personnel will take all appropriate actions to execute a wind-down of the program, consistent with the parameters established in Tuesday’s Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA) (hereinafter, “Memo”).

On September 6, 2017, fifteen states and the District of Columbia filed a suit in the United States District Court for the Eastern District of New York seeking to stop the rescission.  During his candidacy for president, Donald Trump said that he intended to end DACA on “day one” of his presidency.

What Is DACA?

On June 15, 2012, under the Obama Administration, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. Continue reading