Immigration Update: October 2017

In a policy memorandum to Congress entitled “Immigration Principles & Policies”, the Trump Administration indicated that legislative relief for DACA recipients must include measures to increase enforcement, reduce family-based immigration and establish a merit-based immigration system.

The President’s employment-based immigration priorities include the mandatory use of E-Verify by all employers and the adoption of a points-based permanent residence system introduced earlier as the RAISE Act. The RAISE Act calls for many broad changes including the replacement of the current permanent residence system with a points-based system. Other priorities include penalizing employers who displace U.S. workers with nonimmigrants, preempting state and local laws relating to the employment of unauthorized workers, eliminating the diversity visa lottery and increasing the penalties for visa overstays, including making it a misdemeanor offense.  The policy memorandum also calls for funding a wall along the southern border.

Employment-based adjustment of status applicants are now required to attend a USCIS interview before their green card may be processed. USCIS will interview applicants whose I-140 immigrant worker petition was filed on or after March 6, 2017, as well as any dependent family members applying with them.

The Trump Administration was enjoined from enforcing its new travel restrictions against nationals of Chad, Iran, Libya, Somalia, Syria and Yemen, when a federal District Court in Hawaii issued a nationwide temporary restraining order earlier this month. Travel restrictions on certain Venezuelan government officials and national of North Korea remain in place.

In a policy reversal, USCIS officers are no longer bound by previous petition approvals when reviewing H-1B, L-1 or other nonimmigrant extension requests. Officers are now authorized to readjudicate a beneficiary’s eligibility for nonimmigrant classification each time an extension of stay is requested, even if there has been no change in circumstances.

The new policies are expected to create an increase in processing times and result in more requests for evidence.

USCIS announced early this month that it will lift the suspension on premium processing for H-1B cases. With certain exceptions, H-1B premium processing had been suspended since April 3, 2017. Employers with pending H-1B extensions, amendments and changes of employer may now request an upgrade to premium processing by submitting Form I-907 and a $1,225 fee.

Due to technical problems, all diversity visa lottery entries submitted between October 3-10 are invalid and must be resubmitted. Entrants will now have from October 18, 2017 until noon on November 22, 2017 to register online at the State Department’s official lottery website.