Immigration Update: September 2017

DACA Phase-Out – Renewal Applications Due by October 5

The Trump Administration has announced its plan to terminate the Deferred Action for Childhood Arrivals (DACA) program on March 5, 2018.  Individuals who were already approved to receive DACA benefits will be able to continue to work and receive relief from removal until their employment authorization expires.  Moreover, DACA beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 may file an application to renew their benefits by Thursday, October 5, 2017.  No new applications are being accepted.

H-1B Employers Face Tougher Scrutiny and Adjudication Delays

H-1B employers with pending petitions are receiving higher rates of requests for evidence (RFEs) and longer processing times.  This could mean that new H-1B cap employees whose petitions remain pending will be unable to begin work as planned on October 1.  Additionally, new USCIS guidance instructs adjudicators to consider wages when determining whether a position qualifies as an H-1B specialty occupation.  As a result, employers have seen a surge in RFEs in cases involving entry-level professional positions with Level 1 wages.

USCIS has announced that it will resume premium processing on FY 2018 cap cases.  This follows a suspension in acceptance of premium processing applications since April 3, 2017.

New Travel Bans and Restrictions

New travel restrictions announced by the Trump Administration this month will extend to Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen.  Each country is effected differently under the new ban.  For details about how each country will be effected, please visit Perl Law’s Facebook page and refer to the recent post from September 25.

In addition to the new travel ban, the U.S. has suspended the issuance of B visas to certain government officials of Cambodia and Sierra Leone; B, F, J and M visas to certain government officials of Guinea; and B visas to citizens, nationals and residents of Eritrea, due to each of these country’s refusal to accept their deportees.

FY 2019 Diversity Visa Lottery Registration Opens

The State Department will begin accepting online registration for Fiscal Year 2019 Diversity Visa lottery beginning Tuesday, October 3, 2017.  Registration will remain open for 35 days.