On February 9, 2017, a three-judge panel of the U.S. 9th Circuit Court of Appeals ruled unanimously against the Government’s emergency motion to stay the District Court’s Temporary Restraining Order (the “TRO”) halting the implementation of major portions of President Trump’s January 27th Executive Order. (See our previous alerts on the order here, or click here to view a video featuring Susan Cohen, Chair of Mintz Levin’s Immigration Practice.)  Therefore, the TRO remains in effect and travel to the U.S. by individuals from the seven designated countries is governed by the same laws as existing before the Executive Order.

To read the full alert, click here.

U.S. Customs and Border Protection (“CBP”) Commissioner R. Gil Kerlikowske released the agency’s summer travel tips for international travelers.

Among the tips include:

  • Passports are now required for ALL outbound international air travel
  • Complete your Customs Declaration form (6059b) before you arrive at CBP’s processing facilities
  • Double check rules on agricultural products, including fruits, vegetables, meats, dairy, and even firewood before traveling to the United States

Safe travels!

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other” nationalities. The setting of dates in these categories reflects the high demand for immigrant visas and lack of availability for prospective immigrants in these categories for the remainder of the fiscal year. We do not expect the government to move any filing dates forward until its new fiscal year begins on October 1, 2016.

Employment based All Chargeability Areas Except Those Listed CHINA-mainland born INDIA
1st C 1-Jan-10 1-Jan-10
2nd 1-Feb-14 1-Jan-10 15-Nov-04
3rd 15-Mar-16 1-Jan-10 8-Nov-04

The United Kingdom (England, Scotland, Wales, and Northern Island) went to the polls June 23rd and voted to leave the European Union. Some pro-leave “Brexit” campaigners argued for the ability to limit migration of EU workers as an important issue in the run-up to the referendum.  But what practical effect would a UK exit from the EU have on immigration to that country?  Continue Reading Brexit: Immigration consequences to the UK leaving the EU?

On April 11, Douglas Hauer, a Member in our Boston office, will moderate, and William Coffman, Of Counsel on our immigration team, will speak as part of a panel on German-American visa and immigration issues. Topics covered will include dual citizenship, work visas for employment in Germany, US green card issues, and changes in the US visa waiver program.

The panel will be held at Mintz Levin, 1 Financial Center, Boston, from 5:30-7:00pm.

The event is free to attend, but pre-registration is required. Please RSVP with your name, title, and company by April 5th to info@gabc-boston.org.

The Supreme Court will hear the Obama administration’s appeal of the 5th Circuit Court’s decision to uphold the nationwide injunction of the expansion of Deferred Action for Children (DACA) and implementation of Deferred Action for Parents of Americans (DAPA) set by federal Judge Andrew Hanen in Texas.

In addition to the procedural issues of comment and potential harm discussed in the lower courts, the Supreme Court asked both, “the federal government and the states suing it to address whether the executive actions on immigration violate the Constitution’s take care clause — an issue that was not definitively decided by lower courts that have ruled on the case.”