On Wednesday, May 24, our very own Kevin McNamara, Jen Rubin, and Bill Coffman will lead a live seminar in our San Diego office designed for in-house counsel, immigration specialists, HR professionals, talent managers, and other internal stakeholders to review changes affecting the hiring and continued employment of foreign nationals and provide guidance for compliance in an era of increased enforcement. Topics will include:

  • Worksite visit preparation, including recordkeeping requirements
  • New, highly-skilled worker regulations and how they help you and your employees
  • Immigration consequences of hiring, terminations, and mergers & acquisitions
  • I-9, E-Verify, and H-1B compliance

Similar seminars in Boston and New York received great reviews. Don’t miss out! For additional details and to register, click here or contact Cassie Bent at CMBent@mintz.com.

On May 3, 2017, USCIS announced that it has completed data entry of all H-1B cap-subject petitions selected in the FY2018 lottery. We continue to receive receipt notices for selected petitions. USCIS will now begin returning all H-1B cap-subject petitions that were not selected, together with their respective filing fees. USCIS has not provided a definite timeframe for returning these petitions, but has stated that it will issue an announcement once all the unselected petitions have been returned. To read our full alert, click here.

In another example of increased restriction on the rights of non-U.S. Citizens, on Thursday, April 27, the Department of Homeland Security (“DHS”) published a policy memorandum limiting the privacy rights of immigrants and foreign nationals under the Federal Privacy Act of 1974.  This new guidance was issued to bring DHS policy in line with President Trump’s January 25 executive order.

The Privacy Act was established to govern the collection, maintenance, use and dissemination of personally-identifiable information maintained by federal agencies.  The Privacy Act, with specific exceptions, prohibits disclosure of such records without the consent of the individual.  It also provides individuals a means to access and amend their records.

Previous DHS guidance stated that such personally-identifiable information would be treated the same, regardless of citizenship.  However, consistent with the January 25 executive order, the new guidance provides that immigrants and nonimmigrant foreign nationals may not utilize these provisions and may only access their information through a request made pursuant to the Freedom of Information Act (FOIA).  Additionally, they may not request amendments of their records.  Furthermore, in connection with the new guidance, DHS stated that it permits the sharing of such information about immigrants and nonimmigrant foreign nationals from agency records with federal, state and local law enforcement.

In response to the current Administration’s “citizen-centric” policies, we are seeing an increased interest in applications for naturalization by U.S. Lawful Permanent Residents.

Following our recent seminars on what to expect in the world of immigration law and compliance in 2017, we invite you to delve deeper into I-9 compliance, E-Verify compliance, and employment-based immigration compliance. During this three-part webinar series, we will aim to arm employers with best practices and tools regarding compliance in key areas of immigration law.

  • Part I: I-9 Compliance and Best Practices — Monday, May 8, 2017
  • Part II: E-Verify Compliance and Best Practices — Tuesday, May 30, 2017
  • Part III: Wages, Recordkeeping, and Job Changes – Compliance in Employment-Based Immigration — Thursday, June 22, 2017

Click here to register for ALL or ANY combination of these informative webinars today!

USCIS announced on April 7, 2017, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption, also known as the master’s cap.

The agency will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

Stay tuned for additional updates regarding the FY18 cap lottery selection.

Please contact an attorney with Mintz Levin’s Immigration Practice to discuss any questions you may have about H-1B sponsorship or alternatives to the H-1B visa.

All individuals entering the U.S. at international ports of entry are inspected by US Customs & Border Protection (CBP).  This occurs at either the arrival airport in the U.S., Pre-Flight Inspection if flying from most Canadian airports, or border crossings into the U.S. from either Canada or Mexico.  This is an inspection to determine the individual’s eligibility to legally enter the U.S., as well as to confirm any necessary customs declarations or possession of contraband.

Because of the unique nature of the border or port of entry inspection and the concern over national security, U.S. law gives CBP officers wide latitude in how to conduct the inspection, including verbal questioning, inspection of luggage, and, lately, even inspection and retention of electronic devices. Usually, the inspection process is quick and painless. However, since the administration’s recent attempts to ban certain individuals from entering the country in the name of national security, CBP officers have reportedly been reaching beyond the normal procedures to search people’s phones and compel individuals to unlock their smartphone as a part of the search. Not only are border agents doing cursory searches, as in thumbing through an individual’s phone, but in some instances, they will dig deeper and download the contents of the device onto their own computer system and run forensic search algorithms to reveal all the data, including deleted files that have not yet been overwritten and metadata that the owner did not know was there. Case law for this kind of search is undeveloped, so an individual’s rights against this invasion of privacy are not clear until challenged in court.

Below are some FAQs to help you through this process if you face additional scrutiny.  These questions and responses have been formulated with the best information available, but you should know that in any given situation, CBP officers may expand the inspection process subjecting you or your possessions to additional scrutiny.

Continue Reading FAQs for Entering the U.S.—Entry Inspection and Electronic Devices

A new travel restriction went into effect at 3:00 am EST on Tuesday barring passengers on foreign airlines coming to the United States from carrying electronic devices larger than a cellphone. According to Department of Homeland Security, the restricted items that cannot be in carried-on luggage include laptop computers, travel printers, and electronic games bigger than a cellphone. These items can only be carried in checked baggage. To learn who is impacted and who is not impacted, continue reading!

Continue Reading US and UK Limit the Size of Electronic Devices in Carry-On Luggage in Airplanes Originating from Eight Muslim-Majority Countries

Just hours before President Trump’s new Executive Order or “Muslim Travel Ban” was to become effective, U.S. District Judge Derrick Watson in Hawaii issued a Temporary Restraining Order to stop the ban from being implemented on a national basis. The TRO was issued based on Judge Watson’s determination that the new Executive Order violated the Constitution’s First Amendment protections against religious discrimination and relied heavily on statements made by President Trump on the campaign trail and statements by Trump policy advisor Stephen Miller that the intent of the ban is to ban Muslims. President Trump vows to fight the ruling to the Supreme Court. Next stop: 9th Circuit Court of Appeals!

For other recent content from the Mintz Levin Immigration Practice, click here.

On March 6, 2017, President Trump signed a new Executive Order (“EO”), Protecting the Nation from Terrorist Attacks by Foreign Nationals, revoking the prior EO 13679 signed on January 27, 2017. EO 13679 included, among other provisions, a 90 day suspension of U.S. visa issuance and entry into the U.S. for individuals from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. EO 13679 also suspended the U.S. Refugee Admissions Program (USRAP) for 120 days, suspended Syrian refugee admissions indefinitely, and reduced the number of refugee admissions to 50,000 during Fiscal Year 2017.

EO 13679 was successfully challenged in the federal courts and enforcement of portions remain halted. See our previous alerts relating to EO 13679 and subsequent updates here. This new EO is more narrowly drawn than EO 13679, restricting travel for individuals from certain countries identified as posing potential national security risks.

The March 6 Executive Order, which will become effective on March 16, 2017, revokes EO 13679 and implements a host of measures. To review these measures, click here to read our full alert.

The European Commission is being urged to require U.S. citizens to obtain visas for travel to Europe in an effort to obtain full visa waiver reciprocity for all European Union (EU) nations.

Currently, five EU nations are not eligible to travel to the U.S. under the visa waiver program: Bulgaria, Croatia, Cyprus, Poland and Romania.  Citizens of these countries must obtain visas from a U.S. Consulate or Embassy abroad before visiting the United States.

In response, the European Parliament has approved a non-binding resolution urging the European Commission to temporarily suspend visa-free travel of U.S. citizens to EU countries.  If adopted, U.S. citizens would be required to obtain visas for travel to Europe until the United States extends the visa waiver program to all EU nations.

The resolution cites a rule requiring the European Commission to take action within two years against any country that fails to provide full visa reciprocity for EU nations.  The European Commission notified the U.S. in April 2014, so the two-year “warning period” has expired.  At the same time, Canada, Australia, Brunei and Japan were also notified of their failure to provide full reciprocity.  Australia, Brunei and Japan have since extended visa-free travel to all EU nations, and Canada has agreed to do so later this year.

The European Parliament has urged the Commission to take action to suspend visa-free travel for U.S. citizens within two months, but it remains unclear if this will happen.  The European Commission has apparently expressed concern that imposing visa requirements on American travelers to Europe will negatively affect both tourism and trade and, as a result, the European economy.  If the resolution is adopted within the requested timeframe, it may be just in time for the busy summer travel season.

Mintz Levin will monitor this situation and provide further updates as they become available.