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!
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.
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
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|
Practice Chair Susan Cohen and Of Counsel Bill Coffman have published annual guidance on travel for F-1 students who are the beneficiaries of H-1B petitions with change of status requests. Continue Reading Work and Travel Guidance for F-1 Students with H-1B Change of Status Petitions
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?
USCIS announced that it completed the lottery for the new fiscal year’s H-1B cap cases. The agency also released the final (approximate) count of cap-eligible H-1B cases filed for FY2017; a new record of 236,000 cases were filed. This is an increase of approximately 3,000 petitions (1.3%) over the total number of filings last year. Continue Reading H-1B Cap Filings Break Record
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 firstname.lastname@example.org.