Immigration and Firm News

Over the last few days, there have been reports about ICE raids or "enforcement actions" in several states, but pinning down fact from rumor has been somewhat difficult.  The American Immigration Lawyers Association reports the following: AILA has received information that ICE has once again commenced targeted enforcement actions by re-instituting "Operation Cross Check." The operation is focused on three populations: Fugitives - Anyone with an outstanding order of removal; … [Read more...]

On January 27, 2017, President Trump issued another Executive Orders on immigration. This one, though, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” basically bans from entry people "from" seven countries, suspends refugee admissions temporarily, and reduces overall refugee admissions for FY2017.  The Executive Order (EO) also imposes ideological vetting, and provides some exceptions only for non-Muslim refugees.  More Executive Orders are expected to be … [Read more...]

On January 25, 2017, President Trump issued two Executive Orders on immigration, both of which are focused on enforcement at the border and the interior and address some issues concerning visas and refugees. More Executive Orders are expected to be forthcoming addressing legal immigration and other topics. It is important to note that much of this is political in nature and intended to appeal to his voter base. The orders clearly have their origin from the 79 Stroke of a Pen playbook from the … [Read more...]

On January 25, 2017, President Trump issued two Executive Orders on immigration, both of which are focused on enforcement at the border and the interior and address some issues concerning visas and refugees. More Executive Orders are expected to be forthcoming addressing legal immigration and other topics. It is important to note that much of this is political in nature and intended to appeal to his voter base. The orders clearly have their origin from the 79 Stroke of a Pen playbook from the … [Read more...]

I am pleased to report that I was quoted in Bloomberg Law, Daily Labor Report in an article about the new USCIS final rule on Entrepreneur Parole that was issued on January 17, 2017.  The rule goes into effect July 17, 2017 assuming the new Administration decides to keep the regulation.  The article in full is here. … [Read more...]

Together with my colleague, business attorney Dirk Bartram of HenkeBartram PLLC, we will be hosting a webinar on October 5, 2016 at 10:30 am PST about employer I-9 obligations, potential penalties, audits and more.  The webinar is free. Register here. We will discuss workplace compliance issues around: Paperwork requirements (Form I-9), violations and penalties "Knowingly hiring unauthorized worker" violations and penalties E-Verify and IMAGE - whether to use or … [Read more...]

I am pleased to announce my participation in the newly released virtual round table,  Immigration Law - the Americas 2016 produced by Corporate Live Wire.  (The previous link may require a login that is free.) This is the second time I have participated in these round tables.  The round table involves a number of immigration lawyers from different jurisdictions discussing Q&As about immigration trends in the US and the Americas such as: Impact of globalization on immigration … [Read more...]

Today, USCIS announced that it agreed with the Ombudsman’s recommendation to implement a parole policy for U visa petitioners and qualifying family members who live abroad. Parole is neither a visa nor a green card but a legal fiction type of interim status.  The U visa – available to individuals who have suffered substantial physical or mental abuse as a result of a qualifying crime and who meet certain other criteria – are capped at 10,000 per fiscal year. When the cap is exceeded, U … [Read more...]

On August 31, USCIS will announce a forthcoming proposed regulation at 8 CFR 212.19 creating a new benefit called “International Entrepreneur” or “significant public benefit parole for entrepreneurs.” I am really excited about this proposal in part because in my many years of immigration practice, this is the first new major business immigration benefit in ages, maybe decades. There are a lot of immigrant entrepreneurs who fall between the cracks of our existing business immigration categories … [Read more...]

Some great news for certain applicants seeking immigrant visas (permanent residence) at US consulates abroad who need waivers of inadmissibility for unlawful presence in the USA! Beginning August 29, 2016, more potential applicants will become eligible to file family unity provisional waivers (Form I-601A) for unlawful presence.  It is important to note that provisional waivers are merely a procedural remedy as to time and place for filing the waiver application and is not a statutory change … [Read more...]