NEW ADMINISTRATION’S IMPACT ON IMMIGRATION

IMMIGRATION was a top platform for Trump in his campaign, and as the President-elect how his campaign rhetoric will be played out is still up in the air.  Some of the major areas in immigration law that will most likely be affected are: 

1)    Decrease Legal Immigration – In furthering his administration’s “protectionist views,” Trump may restrict legal immigration as well as further regulating legal workers coming to the U.S. on employment authorized visas (i.e., H-1B and L-1 skilled workers).  His campaign rhetoric on “bringing jobs back to the U.S.” and limiting outsourcing jobs offshore and highly-skilled immigration may result in tightening of regulations in granting visas –especially the highly political H-1B visas which are currently capped at issuance of only 65,000 H-1B visas per fiscal year.  Every year the H-1B visas are depleted and every year, U.S. businesses lament and lobby for increase in these visa numbers, but after Trump is in the office, it looks highly doubtful that this would result in any increase in H-1B visa numbers.  Instead, it may mean more restrictions placed on the issuance of the visas themselves, as well as other categories of skilled worker visas, as well as raising of the fees for filing such petitions.  If U.S. businesses want to hire skilled foreign workers, they will have to pay the price and jump through hoops to do so.

2)    Deportation/Removal/Detention – In his latest TV interview on “60 Minutes” recently, Trump softened some of his rhetoric on immigration, but still vowed to deport or jail as many as 3 million immigrants who have “criminal records” or are “gang members” or “drug dealers.” He did not specify or lay out a clear plan, nor how he would go about funding such a measure.

3)    Building a Border Wall/increase border security – President-Elect Trump may be backing off a bit on his most famous campaign promise of “building a wall” and having the Mexican government pay for it.  He would most likely work with Congress to “expand” the current physical barrier/fences (more of a “symbolic wall”), and expand Border patrol.

4)    End Birthright Citizenship – Trump, despite the 14th Amendment provision that all persons born or naturalized in the U.S. are citizens, has stated that children of undocumented aliens born in the U.S. “must go.”  In terms of how/if this will be implemented is yet to be determined. 

5)    End Deferred Action for Childhood Arrivals (known as “DACA”) –President-elect Donald Trump pledged to end the Deferred Action for Childhood Arrivals (DACA) initiative which was implemented in 2012 by then Department of Homeland Security Secretary Janet Napolitano.  DACA gave deportation relief and work permits to undocumented youth who arrived in the U.S. as a minor (under 16 years old), went to school, and no criminal convictions.  This could impact over 1.3 million young immigrants (700,000 of those who are currently in the workforce under this provision).  Though statements on Trump’s campaign website clearly indicated an intention to end DACA, much remains to be seen.  It is still to be determined know how or when DACA might end. It is possible that USCIS could stop accepting or approving all DACA applications. Alternatively, USCIS could halt only certain components of DACA.

Kansas Secretary of State Kris Kobach served as the advisor to Trump on immigration during the campaign, and will likely have a major role in Trump’s administration on immigration matters.  He has indicated that Trump will repeal/scrap many of Obama’s immigration policies/incentives as well as Obama administration’s approach of deporting and enforcement policies. 

As far as how (or if) and when any of the above changes to immigration policies and regulations will be implemented are yet to be determined.  But one thing is certain, whatever measures the new President-Elect take to change the regulations (which require legislation) will not happen overnight and it won’t be passed through Congress without some strong opposition and push-back.  It is well known that the Speaker of the House Paul Ryan has very different views on immigration, and will be a big factor in whether or how much of Trump’s immigration “plans” get any traction even in the Republican controlled Congress.  It will once again come down to cooperation between the two parties being key factor in accomplishing any immigration reform or changes.  

We will keep a close eye on these issues and advise accordingly.   

USCIS Provides an Updated M-1053 - E-Verify User Manual

USCIS provides an updated M-1053, E-Verify User Manual for Corporate Administrators which provides guidance on E-Verify processes and outlines the rules and responsibilities for corporate administrators enrolled in E-Verify.

New I-9 Forms

Employers need to be aware that the current Form I-9 will only be acceptable/valid until Jan. 21, 2017.

On Aug. 25, the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification. USCIS must publish a revised form by Nov. 22, 2016. Employers may continue using the current version of Form I-9 with a revision date of 03/08/2013N until Jan. 21, 2017. After Jan. 21, 2017, all previous versions of Form I-9 will be invalid.

Key Changes to the Form I-9

The proposed changes specifically aim to help employers reduce technical errors for which they may be fined, which include:

  • Separate instructions from the form. Employers are still required to present the instructions to the employee completing the form.

  • Drop-down lists and calendars.

  • Validations on certain fields to ensure information is entered correctly.

  • Embedded instructions for completing each field.

  • Additional spaces to enter multiple preparers and translators.

  • The requirement that workers provide only other last names used in Section 1, rather than all other names used. This is to avoid possible discrimination issues and to protect the privacy of transgender and other individuals who have changed their first names.

  • The removal of the requirement that immigrants authorized to work provide both their Form I-94 number and foreign passport information in Section 1.

  • A new "Citizenship/Immigration Status" field at the top of section 2.

  • A dedicated area to enter additional information that employers are currently required to notate in the margins of the form (ie., OPT)

  • A quick-response matrix barcode, or QR code, that generates once the form is printed that can be used to streamline enforcement audits.

 

U.S. SENATE MOVES TO EXTEND EB-5 PROGRAM AS IS

The Senate is moving forward with an extension of the EB-5 immigrant investor program as is and reforms to the program appear unlikely.

 

The provision to extend the program is included in the continuing resolution, a short-term budget bill that allows the government to keep running until early December.

More than 800 immigrants accidentally granted U.S. citizenship

The U.S. government has mistakenly granted citizenship to at least 858 immigrants from countries of concern to national security or with high rates of immigration fraud who had pending deportation orders, according to an internal Homeland Security audit released Monday.

EB-5 visa program may expire on Sept. 30 if Congress doesn’t take action

The investor visa program, EB-5, is set to expire on September 30, unless Congress can temporarily extend it, or reform it to cut down the loopholes and eliminate the numerous cases of fraud that surface with the program.

Three Immigration Lawyers Sanctioned by SEC for Brokering EB-5 Investment

The Securities and Exchange Commission (SEC) has just published three new decisions in connection with administrative proceedings against two well known immigration lawyers, as well as against a third lawyer. One party has allegedly earned $450,000 in commissions from one EB-5 Offeror alone.

 

https://www.sec.gov/litigation/admin/2016/34-78658.pdf
https://www.sec.gov/litigation/admin/2016/34-78657.pdf
https://www.sec.gov/litigation/admin/2016/34-78656.pdf

Visa Bulletin (September 2016)

This bulletin summarizes the availability of immigrant numbers during September 2016 for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Visa Bulletin (August 2016)

This Bulletin summarizes the availability of immigrant visa numbers during August 2016 for: “Application Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Clinton Vows to Expand Obama's Immigration Executive Actions

HILLARY CLINTON vowed to expand President Obama's executive actions on immigration and cast the 2016 presidential election as critical for Latino voters because Donald Trump is the presumptive Republican nominee.