President Trump's Administration

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On Dec. 4, 2017, the Supreme Court issued an order allowing President Trump’s Proclamation on Travel Ban to go fully into effect. With certain exceptions, this ban places entry restriction on nationals of eight countries – Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. As previously reported, in September a U.S. District Judge in Hawaii blocked the Proclamation from taking effect, except for nationals of North Korea and Venezuela. On Nov. 13, the Ninth Circuit Court of Appeals temporarily put part of the lower court’s ruling on hold, allowing the Proclamation to take effect, but only for those individuals from the impacted countries who do not have bona fide ties to the United States.
Continue Reading Supreme Court Issues Order Allowing Full Implementation of Proclamation

Kate Kalmykov recently presented at the EB-5 Conference with the USCIS Investor Program Office (IPO) hosted by The Steven L. Newman Real Estate Institute – Baruch College.  Kalmykov’s panel addressed…
Continue Reading Greenberg Traurig’s Kate Kalmykov Recently Presented at the EB-5 Conference with USCIS IPO

For over a decade, filing an extension of nonimmigrant status in visa categories such as the H-1B was a fairly routine process for cases involving the same employer and same…
Continue Reading New Trump Administration Policy in Support of Buy American, Hire American Toughens Visa Extension Process

On Oct. 8, 2017, the White House released the promised Immigration Principles & Policies (Principles & Policies) which outline the Trump Administration’s position on immigration. This document is broken into three parts: 1) Border Security, 2) Interior Enforcement, and 3) Merit-Based Immigration. A summary of each part is broken down below.
Continue Reading The White House Releases Immigration Principles & Policies

The president and congressional leaders reached an agreement earlier this week on a package of government continuance and public safety measures.  This package includes a Continuing Resolution, Debt Extension, Hurricane…
Continue Reading Congress Approves Package of Government Continuance and Public Safety Measures, Including Important Immigration Programs

On Sept. 5, 2017, Attorney General (AG) Jeff Sessions announced that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA).  DACA is a mode of temporary relief given to children (now college-aged or older) who entered the United States without inspection with their parents and allowed them to apply for temporary work authorization if they met certain criteria. This policy was established through an Executive Order issued June 2012 by the Obama Administration. Since then, DACA has undergone scrutiny and much debate, and with the change of administrations, it has been clear that this policy would change, if not end.

AG Jeff Sessions announced that DACA will end, with a wind-down process overseen by the Department of Homeland Security (DHS).  Effective immediately, the following will happen as per the recently released DHS memo:

  • DHS will adjudicate, on a case by case basis, initial requests that have been accepted as of today (Sept. 5).
  • After today (Sept. 5), DHS will reject all DACA first-time applications.
  • DHS will adjudicate all properly-filed renewal applications as of today, and will continue to adjudicate applications for those whose benefits will expire by March 5, 2018. Those applications will only be accepted until Oct. 5, 2017. All other renewal requests will be rejected.
  • Current approvals and valid employment authorization document (EAD) cards will not be revoked and will remain valid until the expiration dates.
  • No new advance parole (AP) applications (an AP is permission to travel) will be accepted or approved and current/pending AP applications will be closed (fees refunded). Currently, valid Advance Parole will still be valid and U.S. Customs and Border Protection (CBP) will retain the discretion to admit a person based on the AP.
  • Discretion will be retained by DHS to terminate or deny deferred action at any time deemed appropriate.
  • U.S. Citizenship and Immigration Services (USCIS) will not provide this information proactively to Immigration and Customs Enforcement (ICE) and CBP for enforcement proceedings, but this policy may be modified.

Continue Reading Attorney General Jeff Sessions Announces the Rescission of DACA