On May 31st, U.S. Customs and Border Protection (CBP) announced that they have published a new update on the I-94 website. CBP will remind travelers via e-mail of their officially recorded departure date from the United States. Currently, CBP will send these reminders to eligible travelers on the visa waiver program. CBP expects to further update the I-94 website to incorporate similar alerts for additional non-immigrant travelers. If the traveler has overstayed the terms of their admission, the I-94 website will provide information regarding the next steps to take. To read our full alert, click here.

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.

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!

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.

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