Tag Archives: Robert Maples

Department of Labor Adds More to Disclosure Data to Include End Client Information

The H-1B program is undergoing even more scrutiny under the current White House administration. Under the “Buy American, Hire American” Executive Order, the goal is for companies to hire only the best and the brightest for visa sponsorship, mostly H-1B visa holders. The Department of Labor (DOL), the governmental agency that handles the public disclosure … Continue Reading

Administration Extends TPS for Syria

The Department of Homeland Security has announced an extension of Temporary Protected Status (TPS) through March 31, 2021, for approximately 7,000 Syrian nationals legally in the United States. For more information on Syria or other TPS matters, please contact your GT attorney or click here. This blog will be updated as information becomes available, so please check back … Continue Reading

OMB Completes Review of DHS/USCIS Public Charge Rule

As an update to previous entries, the Office of Management and Budget has posted the conclusion of DHS/USCIS Public Charge Rule review: Department of Homeland Security AGENCY: DHS-USCIS RIN: 1615-AA22 Status: Concluded TITLE: Inadmissibility on Public Charge Grounds STAGE: Final Rule ECONOMICALLY SIGNIFICANT: Yes RECEIVED DATE: 07/12/2019 LEGAL DEADLINE: None ** COMPLETED: 07/31/2019 COMPLETED ACTION: Consistent … Continue Reading

EB-5 Regulations Published for Public Inspection

After more than two and a half years, Obama-era EB-5 immigration regulations are set to be published on July 24, 2019, with an effective date 120 days after publication or Nov. 21, 2019. See EB-5 Immigrant Investor Program Modernization. These regulations have been opposed by many industry participants, as evidenced in a letter to Congressional Leadership … Continue Reading

DHS Completes Public Charge Rule; Forwards to OMB

On July 12, the Department of Homeland Security (DHS) completed review and forwarded a final rule on a Public Charge rule to the Office of Management and Budget (OMB). This action follows action last week as reported here wherein the Department of Justice completed review and forwarded aspects of a Public Charge final rule within … Continue Reading

House Passes Per-country Cap Elimination Bill that Affects Employment-based Visa Programs

Today, the U.S. House of Representatives approved H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, that eliminates per-country quotas for all employment-based immigrant visa petitions by a wide, bipartisan vote of 365-65. The bill includes language helpful to the EB-5 program relating to a transition period for implementation, as explained – Fairness for … Continue Reading

Immigrant Entrepreneurship: An American Success Story

On June 4, 2019, the Kenan Institute released a timely policy brief, “Immigrant Entrepreneurship: An American Success Story,” on the value of highly skilled and motivated foreign entrepreneurs to the U.S. economy. The brief states, “When looking at the founding of the United States’ largest startups…[t]he immigrant-founded startups employ an average of more than 1,200 workers … Continue Reading

Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens – Stakeholder Message

USCIS Acting Director Cuccinelli tweeted June 14 that “@USCIS took action to further @POTUS directive to enforce the legal responsibilities of sponsors. Self-sufficiency is a principle that has been enshrined in our laws since the 1800s & we must ensure that immigrants who become part of our country abide by this principle.” His multiple tweets … Continue Reading

OMB Releases Spring Unified Regulatory Agenda; Provides Update on EB-5 and Other Pending Regulations

Today, the Office of Management and Budget (OMB) released the bi-annual Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions.    As set forth in a Federal Register notice and using the Department of Homeland Security as an example, the Unified Agenda is explained as follows:  This regulatory agenda is a semiannual summary of projected … Continue Reading

President Unveils New Immigration Reform Plan

Today, President Trump hosted a Rose Garden event unveiling his new immigration plan. The theme of the address, “Modernizing Our Immigration System for a Stronger America,” focuses on border security and modernizing the employment-based immigration systems to be more merit-based, according to the president. A new initiative called the “Build America Visa” would replace certain … Continue Reading

Final Rule Released to Provide 30,000 Additional H-2B Visas This Fiscal Year

Today, May 8, 2019, after much anticipation, the Departments of Homeland Security and Labor posted a joint rule in the Federal Register providing 30.000 additional seasonal workers for American businesses.  Based on interest, we also provide a link to the Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers released to facilitate the process.  Please … Continue Reading

Federal Agencies Release Prepublication Joint Rule for Additional H-2B Visas

On May 6, the U.S. Departments of Homeland Security and Labor issued a prepublication of the joint temporary rule setting forth the process for accessing 30,000 additional H-2B visas. It is expected that on formal publication of the rule in the Federal Register May 8, eligible U.S. employers documenting returning worker status (over the last three … Continue Reading

OMB Completes H-2B Numerical Increase Rule Review

On April 30, the Office of Management and Budget (OMB) announced the completion of its review of the regulation providing additional H-2B for fiscal year 2019- Agency: DHS-USCIS RIN: 1615-AC38 Status: Concluded Title: Exercise of Time-Limited Authority to Increase the Fiscal Year 2019 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program Stage: Final Rule … Continue Reading

Presidential Memorandum on Combating High Nonimmigrant Overstay Rates

On April 22, President Trump, in a quick turn to interior immigration enforcement, issued a Presidential Memorandum (Memo) initiating a process to develop administration initiatives to address visa overstays in the United States. Last week, the Department of Homeland Security released the Fiscal Year 2018 Entry/Exit Overstay Report, stating a total overstay rate of 1.22%, … Continue Reading

H-2B Rule Sent to OMB for Review

Following up on a previous report, the Department of Homeland Security forwarded a final H-2B Rule to the White House Office Of Management and Budget on April 22 (see below). Once OMB completes review, a final rule will be published in the Federal Register for implementation. Agency: DHS-USCIS RIN: 1615-AC38 Status: Pending Review Title: Exercise of Time-Limited Authority … Continue Reading

DHS Grants Additional H-2B Visas for Seasonal Employment

Amid a flurry of media reports last week and verified today by U.S. Sen. Chris Van Hollen (D-MD), Homeland Security Secretary Kirstjen Nielsen announced the availability of 30,000 additional H-2B visas for 2019 seasonal employment. Several years ago, Congress gave the DHS Secretary, in consultation with the Department of Labor, the authority to augment H-2B seasonal visas … Continue Reading

White House Announces Extension of Deferred Enforced Departure for Liberians

In a last-minute change, the White House announced an extension of the Deferred Enforced Departure (DED) of Liberians until March 30, 2020. Prior to today’s announcement, the wind-down for DED was March 31, 2019. Citing foreign policy interests of the United States, the extension was granted with direction for the Congress to consider “remedial legislation.” … Continue Reading

Temporary Protected Status Extended for Sudan, El Salvador, Haiti, and Nicaragua

The Department of Homeland Security filed a notice Thursday, Feb. 28 extending Temporary Protected Status (TPS) for four countries – Sudan, El Salvador, Haiti, and Nicaragua – as a result of federal court action. The approximately 300,000 affected immigrants in the United States will be allowed to extend their stays until January 2020. Please check back with us for … Continue Reading

UPDATE: The iCERT Portal System is currently unavailable

The Department of Labor provided an iCERT update this afternoon: IMPORTANT ANNOUNCEMENT (Updated January 2, 2019, 12:00PM EST): Within the first five minutes of opening the semi-annual H-2B certification process on January 1, 2019, the U.S. Department of Labor iCERT system had an unprecedented demand for H-2B certifications with more than 97,800 workers requested in … Continue Reading

The iCERT Portal System is Currently Unavailable

The Department of Labor announced an iCERT service interruption on Jan. 1: IMPORTANT ANNOUNCEMENT: We sincerely apologize for the major service interruption in the iCERT System early in the morning of January 1, 2019. Due to overwhelming filing demand, the Department’s technology staff is working diligently to investigate the cause of the system outage and … Continue Reading

U.S. Senate Passes Minibus Appropriations Bill with Continuing Resolution

Yesterday, by a bipartisan vote of 93-7, the U.S. Senate passed H.R. 6157, making appropriations for the Department of Defense and Labor, Health and Human Services, Education and related agencies and providing for continuing appropriations until Dec. 7 for other programs, including EB-5 immigrant investor program extension.   This appropriations package funds the two largest … Continue Reading

DHS Releases Fiscal Year 2017 Entry/Exit Overstay Report

On Aug. 7, the Department of Homeland Security (DHS) released the Fiscal Year 2017 Entry/Exit Overstay Report (or Overstay Report). Visa Overstay Reports have been requested by Congress in recent fiscal years as a means to encourage development of a barometric Port of Entry visa checking system and to report on overstays that were identified … Continue Reading

TPS for Current Registered Yemen Beneficiaries Extended Until March 3, 2020

Today, the U.S. Department of Homeland Secretary, Kirstjen Nielsen, announced an extension of Temporary Protected Status (TPS) for approximately 1,250 Yemeni beneficiaries.  This extension is somewhat unique in that (1) Yemen is one of seven countries listed in the travel ban and (2) this extension goes against the current trend of not extending TPS for … Continue Reading
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