Immigration Update: October 2018
October 31, 2018Trump Plans Executive Order to End Birthright Citizenship for Certain U.S. Born Babies
The President, seeking to limit immigration to the U.S., declared his intention to challenge a long-standing constitutional standard which derives U.S. citizenship to anyone born in the U.S. While some fellow Republicans have voiced their support for the proposed change, others including House Speak Paul Ryan, have expressed disagreement stating that, “you cannot end birthright citizenship with an executive order.”
The 14th Amendment, passed after the Civil War, says that all persons born and naturalized in the United States are citizens. Amending the Constitution would require supermajorities in the House and Senate and ratification by three-fourths of the states or through a constitutional convention called by two-thirds of the legislatures of the states.
Planned Changes Effecting H-1B Cap Filings
USCIS proposed this month to require employers who plan to hire H-1B applicants to register online prior to submitting applications. If approved, the proposed change would make it such that employers need not submit a full petition unless their case(s) has already been selected in the H-1B cap lottery. It is still early to know whether the change will take effect before the upcoming fiscal year cap filing which begins on April 1, 2019.
Labor Condition Applications (LCA), often a precursor to the H-1B application process, will be updated with a new version. The new LCA will require employers to identify third-party organizations where H-1B workers will be placed. The new form will also require employers to list how many foreign workers are at a given worksite.
Preliminary Injunction for Termination of Temporary Protected Status (TPS)
A federal judge in California has issued a preliminary injunction which temporarily blocks termination of TPS status for Sudan, Nicaragua, Haiti and El Salvador. The judge also gave DHS a deadline for ensuring that TPS benefits remain valid for qualifying individuals from each of these countries. This means that beneficiaries of TPS from Sudan, Nicaragua, Haiti and El Salvador may continue to work in the U.S. beyond the date for which TPS was to be terminated.
Reminder to register for Fiscal Year Diversity Visa Lottery by November 6.