Immigration Update: November 2018

Trump Administration’s “Buy American, Hire American” Policies Have Led to Increased USCIS Denials

A report released this month by the Cato Institute shows a steady increase in USCIS denial rates for employment-based immigration cases since Trump’s Buy American, Hire American executive order took effect.  The study shows that denial rates related to all immigration benefits have increased to 37% since 2016.

USCIS Policy Memorandum for L-1 Petitions

USCIS Issued a policy memo providing guidance for L-1 petitioners.  Among other L-1 related topics, the memo clarifies that the “one-year within three-year” requirement is met when a beneficiary has worked for the qualifying employer abroad for one out of the three years immediately preceding the L-1 petition.

Litigation in the Ninth Circuit Court

The Ninth Circuit Court has upheld a lower court’s injunction which requires DHS to accept Deferred Action for Childhood Arrival (DACA) renewal applications as litigation continues concerning termination of the DACA program.

This month the Ninth Circuit Court has also ruled to place a temporary restraining order (TRO) on the president’s ban on asylum for those who entered the U.S. without inspection.  The Trump administration is expected to appeal the TRO.

USCIS Announced Broadened Notice to Appear Policy

USCIS has said that it may initiate removal proceedings by serving Notices to Appear (NTA) on applicants of certain immigration petitions following case denial.  The broadened NTA policy is expected to affect those who petition for asylum, their relatives, Specials Immigrants and, eventually, beneficiaries of employment-based petitions.