Seyfarth Synopsis: USCIS completes the lottery process and received 190,098 H-1B cap petitions.

On April 12, 2018, United States Citizenship and Immigration Services (USCIS) announced that it received 190,098 H-1B petitions to meet both the Master’s and regular H-1B quotas (or “caps”) for Fiscal Year 2019, which begins on October 1, 2018.  This means that

Seyfarth Synopsis: The Department of Homeland Security (DHS) published its regulatory plan for 2018, which aligns with President Trump’s Executive Order, Buy American Hire American.

Although the specifics of each proposed rule will remain confidential until published in the Federal Register, the Regulatory Agenda does provides insight on what is likely ahead.  Changes to the

Seyfarth Synopsis: This blog post is intended to enable employers to identify any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2019. We recommend that employers identify any such candidates as soon as possible, as on April 2, 2018, United States Citizenship and Immigration Services (USCIS) will begin

Seyfarth Synopsis: On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for H-1B petitions filed subject to the Fiscal Year (FY) 2018 cap.

USCIS temporarily suspended premium processing of all H-1B petitions on April 1, 2017 with the stated goal of addressing significant backlogs

The order in question is the Trump Administration’s revised Executive Order of March 6, 2017 (“revised EO”). The revised EO would have temporarily restricted certain foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States for a period of 90 days. The revised EO sought to resolve constitutional issues and

Following the challenges to the January 27, 2017 Executive Order titled Protecting the Nation from Terrorist Attacks by Foreign Nationals, on March 6, 2017 President Trump signed a new Executive Order titled Protecting the Nation from Foreign Terrorist Entry Into the United States.  This new Executive Order will go into effect on March 16, 2017 and includes many changes to the original order, particularly with regard to who is subject to the temporary travel ban.

The New Executive Order

The new Executive Order suspends entry of foreign nationals from countries designated by President Trump as representing a recognized threat, warranting additional scrutiny of nationals seeking to enter the United States.  The six countries included in the temporary ban are Iran, Libya, Somalia, Sudan, Syria, and Yemen.  The new Executive Order removes Iraq from the list of impacted countries.  In the Executive Order, President Trump indicates these countries were designated as countries of concern by the Obama administration and Congress, and he cites the Department of State’s Country Reports on Terrorism 2015 (June 2016) to demonstrate the heightened risks posed by nationals of these countries.  The Executive Order imposes a 90-day suspension on entry to the United States to allow the U.S. government to conduct a review and analysis of the national security risks.  As with the previous order, this order leaves open the possibility of including additional countries on the list.

Specifically, the suspension of entry to the U.S. applies only to foreign nationals of the designated countries who are outside the United States on the effective date of the order (March 16, 2017), did not have a valid visa at 5:00 p.m. EST on January 27, 2017, and do not have a valid visa on the effective date of the order.

As for other aspects of the new Executive Order, the Visa Interview Waiver Program will again be suspended, as it was in the previous order.  Visa applicants from all countries will need to apply in person at a U.S. Embassy or Consulate.   The Executive Order confirms that no immigrant or nonimmigrant visa issued before March 16, 2017 should be revoked, and any individual whose visa was revoked or canceled as a result of the prior Executive Order should be entitled to a travel document confirming permission to travel to the U.S. and seek entry.  In addition, United States Citizenship and Immigration Services (“USCIS”) will continue to adjudicate all naturalization, immigrant, and non-immigrant visa petitions and applications regardless of nationality.

Exemption from the Travel Ban

The following groups of foreign nationals are exempt:

Lawful Permanent Residents — also known as “LPRs” or “green card holders” — are not subject to this temporary travel ban.  This includes those individuals who hold passports from any of the six designated countries.

Dual nationals — individuals from one of the six listed countries who are also a citizen of a non-designated country — are not subject to the travel ban if they seek entry to the U.S. using a passport issued by a non-designated country.

Nonimmigrant Visa Holders — provided that the visa stamp was issued prior to January 27, 2017 and remains valid.

Foreign nationals holding a valid Advance Parole document.


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