Immigration Update: April 2017
May 25, 2017H-1B Specialty Occupation Review, 2018 Cap Season and H-4 Employment Authorization Rule
USCIS announced earlier this month that the annual limit for fiscal year 2018 H-1B cap has been met. USCIS used a computer-generated random selection process (lottery) to select enough petitions to meet the 65,000-general category cap and the 20,000 cap for advanced degree exemption. USCIS received 199,000 petitions during the filing period, which represents a 15.7 percent decrease from the 236,000 petitions it received last year.
According to a new executive order, the Trump administration has indicated its intention to increase restrictions and heighten security of the H-1B visa program. The executive order is expected to initiate an administrative review of the H-1B program which could lead to new regulations and policy.
Additionally, a new policy memorandum from USCIS this month explains that Computer Programmer positions are no longer presumed H-1B eligible as a specialty occupation requiring at least a Bachelor’s degree. While certain Computer Programmers may still qualify for H-1B status, employers should expect to see an increase in requests for evidence.
The Department of Homeland Security (DHS) announced this month that it intends to review and reconsider a regulation allowing certain spouses of H-1B visa holders to apply for work authorization. As of now, H-4 spouses may apply for an employment authorization card if the H-1B principal spouse either has an approved Form I-140 or has received a one-year extension of H-1B status beyond their sixth year based on an I-140 filing or labor certification.
NAFTA Renegotiations
The Trump Administration has signaled its interest in renegotiating the North American Free Trade Agreement (NAFTA), after announcing last week its consideration to withdraw the U.S. from the trade agreement. Immigration programs under NAFTA, including the TN category for Canadian and Mexican professionals, may eventually be impacted by renegotiations or changes to the agreement. The timing of NAFTA renegotiations remains unknown, but immediate changes to NAFTA immigration programs are unlikely.
Federal Court Enjoins Sanctuary Cities Provision of Executive Order
The U.S. District Court for the Northern District of California issued a nationwide injunction to prevent a section of Executive Order 13768, which blocks federal grant funding to sanctuary cities. Specifically, the court found that the cities of San Francisco and Santa Clara were likely to succeed on the merits of their challenge to the provision.
Increased Immigration Arrests
The American Immigration Lawyers Association (AILA) Director of Government Relations Greg Chen appeared on C-SPAN’s Washington Journal to discuss the increase in ICE immigration arrests under the Trump administration. He explained that the number of arrests of individuals with no criminal record is on the rise despite the administration’s contention that it is targeting undocumented immigrants with criminal backgrounds.
Avoiding Online Immigration Scams
In light of recent developments making immigrants feel more vulnerable, undocumented individuals have become increasingly susceptible to immigration fraud. Avoid websites posing as official government sites by always checking to make sure that the website contains a “.gov” suffix.
This alert is for informational purposes only. If you have any questions, please contact Perl Law at +1 (646) 470-0452.