Headlines:
1. USCIS Proposes Rule on Parole for Certain International Entrepreneurs -has published a proposed rule to allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so they may start or scale their businesses in the United States.
2. ETA Announces iCERT Enhancement to Streamline H-2A, H-2B Processes for Employers -The iCERT system now permits submission of electronic documentation at the time of filing and while an H-2A or H-2B application is pending review.
3. OFLC Publishes Names, Other Info on Foreign Labor Recruiters -By providing the Foreign Labor Recruiter List, OFLC said the agency “is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department and other agencies and the public.”
4. USCIS Reminds About Immigration Relief in Wake of Louisiana Flooding -USCIS issued a reminder of immigration relief measures that may help people affected by unforeseen circumstances, such as disasters like the recent severe storms and flooding in Louisiana.
5. USCIS Announces End of H-1B Workload Transfer Transition Period -USCIS announced that the H-1B workload transfer transition period ended August 31, 2016.
6. September Visa Bulletin Shows Movement in Final Action Dates -The Department of State’s Visa Bulletin for the month of September 2016 shows much movement in the final action dates for various employment categories. For example, in August, the EB-1 final action date for China was January 1, 2010; in September it is Current.
7. USCIS To Allow Additional Applicants for Provisional Waiver Process -USCIS announced a final rule, effective August 29, 2016, that expands the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs) and who are statutorily eligible for immigrant visas to more easily navigate the immigration process. USCIS said it expects to update its Policy Manual in the coming weeks to provide guidance on how it makes “extreme hardship” determinations.
8. DHS Announces 18-Month Redesignation, Extension of TPS for Syria -For current Syria TPS beneficiaries, the 60-day re-registration period began August 1, 2016, and runs through September 30, 2016. Certain Syrian nationals and persons without nationality who last habitually resided in Syria may apply for TPS during the 180-day initial registration period that began August 1, 2016, and runs through January 30, 2017.
9. New Publications and Items of Interest -New Publications and Items of Interest
10. ABIL Member/Firm News -ABIL Member/Firm News
11. Government Agency Links -Government Agency Links
Details:
1. USCIS Proposes Rule on Parole for Certain International Entrepreneurs
U.S. Citizenship and Immigration Services (USCIS) has published a proposed rule allowing certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so they may start or scale their businesses in the United States.
The proposed rule would allow the Department of Homeland Security (DHS) to use its existing discretionary statutory parole authority for entrepreneurs of startup entities whose stay in the United States would provide a “significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation.” Under this proposed rule, DHS may parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises:
- Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations;
- Whose startup was formed in the United States within the past three years; and
- Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by:
- Receiving significant investment of capital (at least $345,000) from certain qualified U.S. investors with established records of successful investments;
- Receiving significant awards or grants (at least $100,000) from certain federal, state, or local government entities; or
- Partially satisfying one or both of the above criteria in addition to other reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation.
Under the proposed rule, entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entities in the United States. A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to provide a significant public benefit as evidenced by substantial increases in capital investment, revenue, or job creation.
USCIS proposes that once the application for entrepreneurial parole is approved, the applicant and family members must leave the United States to be granted parole; they may not change to nonimmigrant status within the United States. Proving eligibility as an International Entrepreneur will require a $1,200 filing fee, completion of an Application for Entrepreneur Parole (Form I-941) and the submission of extensive evidence. USCIS will review the evidence and approve or deny the application with no right of rehearing or appeal.
Reaction. Some believe that venture capitalists and foreign entrepreneurs may be disappointed by this proposed rule. They may see the benefit of entrepreneurial parole as too little and too short in return for the substantial effort needed to meet the requirements. Moreover, they may be disappointed to learn that the USCIS proposal fails to take into account the harm associated with a revocation of parole (whether based on material business changes or otherwise) and the absence of any administrative or judicial review. Also disappointing is the fact that the proposed regulation would offer no pathway to lawful permanent resident status. However, if USCIS receives compelling and substantiated comments, the final rule could become a viable avenue to jump-starting innovation, job creation, and economic growth.
While this proposed rule may be useful for entrepreneurs to obtain temporary status in the United States, it does not provide any path to permanent residence. Entrepreneurs who want to live and work in the United States permanently will have to await guidance on a permanent residence option—national interest waivers for entrepreneurs. Guidance on that is expected shortly. Stay tuned.
The U.S. Alliance for International Entrepreneurs (USAIE) has written a summary and initial analysis of the proposed international entrepreneurs rule, available on the USAIE website.
Meanwhile, the notice of proposed rulemaking in the Federal Register invites public comment for 45 days, after which USCIS will address the comments received. The proposed rule does not take effect with the publication of the notice of proposed rulemaking. It will take effect on the date indicated in the final rule when it is published in the Federal Register. PROPOSED RULE
2. ETA Announces iCERT Enhancement to Streamline H-2A, H-2B Processes for Employers
The Department of Labor’s Employment and Training Administration (ETA) has implemented a new enhancement to the iCERT Visa Portal System related to the submission of applications for temporary labor certification under the H-2A and H-2B temporary visa programs. The enhancement is intended to reduce burdens on employers and streamline processing of applications. As of August 26, 2016, the iCERT system permits submission of electronic documentation at the time of filing and while an H-2A or H-2B application is pending review.
ETA believes this new feature will eliminate the need for the employer (or, if applicable, its authorized agent or attorney) to submit responsive documents via U.S. mail, email, or fax, and will result in a more efficient review of applications by connecting the responsive documents directly to the Office of Foreign Labor Certification (OFLC) analysts assigned to the application.
ETA also noted that this new feature will enable an iCERT account holder to view all its pending H-2A or H-2B applications and select the application for which it wishes to upload documents electronically. Once a pending application is selected, the iCERT account holder associates one or more electronic documents with a response type (e.g., Response to NOD, Response to NOA) for more efficient storage and retrieval by the OFLC analyst assigned to the application. To maximize electronic security, the iCERT system will only accept electronic documents in Microsoft Word (.doc or .docx), Adobe Acrobat Portable Document Format (.pdf), or text (.txt) file formats.
To review the features of this new iCERT System enhancement, see the Quick Start Technical Guide.
3. OFLC Publishes Names, Other Info on Foreign Labor Recruiters
The Office of Foreign Labor Certification (OFLC) is publishing a list of the names of foreign labor recruiters and the identity and location of persons or entities hired by or working for the recruiter that employers have indicated they engaged, or planned to engage, in recruiting prospective H-2B nonagricultural workers to perform the work described on their Form ETA-9142B, H-2B Application for Temporary Employment Certification.
By providing this Foreign Labor Recruiter List, OFLC said the agency “is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department and other agencies and the public.” Among other things, by maintaining and publishing a list of foreign labor recruiters, OFLC said it “is better poised to enforce recruitment violations, and workers are better protected against fraudulent recruiting schemes by enabling them to verify whether a recruiter is in fact recruiting for legitimate H-2B job opportunities in the United States.” OFLC noted that it “does not endorse or vouch for any foreign labor agent or recruiter” on the list, and inclusion does not signify that the recruiter is complying with the H-2B program. “The list is simply a list of current recruiters being used by employers in the H-2B program,” OFLC said.
OFLC noted that the list identifies the last six digits of the Chicago National Processing Center case number associated with the Form(s) ETA-9142B in which an employer identified the foreign labor recruiter. The six-digit number can be used to look up the H-2B Job Order and Application for Temporary Employment Certification in the H-2B Public Job Registry by entering the number into the ETA Case Number field, selecting “H-2B” in the Case Type field, and clicking on “Search.”
THE LIST, which will be updated quarterly.
FAQs on the list have been posted as “2015 H-2B IFR FAQs Round 16”
4. USCIS Reminds About Immigration Relief in Wake of Louisiana Flooding
U.S. Citizenship and Immigration Services (USCIS) issued a reminder on August 19, 2016, of immigration relief measures that may help people affected by unforeseen circumstances, such as disasters like the recent severe storms and flooding in Louisiana.
USCIS noted that these measures may be available upon request:
- Change of nonimmigrant status or extension of nonimmigrant stay for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired
- Re-parole of individuals previously granted parole by USCIS
- Expedited processing of advance parole requests
- Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship
- Expedited adjudication of employment authorization applications, where appropriate
- Consideration of fee waivers due to an inability to pay
- Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to appear for an interview, submit evidence, or respond in a timely manner
- Replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (green card)
- Rescheduling of a biometrics appointment
USCIS said requesters should “explain how the severe storms or flooding created a need for the requested relief.”
5. USCIS Announces End of H-1B Workload Transfer Transition Period
U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B workload transfer transition period ended August 31, 2016.
On July 1, 2016, as part of a workload transfer from the California and Vermont Service Centers, the Nebraska Service Center (NSC) began accepting certain H-1B and H-1B1 (Chile/Singapore Free Trade) I-129 petitions. The NSC also began accepting I-539 and I-765 applications for certain H-4 nonimmigrants that are concurrently filed with an I-129.
The California and Vermont Service Centers continued to accept these I-129 petitions, and any concurrently filed I-539 and I-765 applications, during the transition period until August 31. Starting September 1, only the NSC is accepting them. USCIS may reject any misfiled petitions or applications.
The following Form I-129 same-employer-without-change petitions have not been transferred to the Nebraska Service Center and will continue to be accepted only at the California Service Center, if:
- The petition is for an employer that is statutorily exempt from the cap; or
- The beneficiary is employed at a qualifying cap-exempt institution, entity or organization.
FILING ADDRESSES AND CAP-EXEMPT FILING INSTRUCTIONS
6. September Visa Bulletin Shows Movement in Final Action Dates
The Department of State’s Visa Bulletin for the month of September 2016 shows much movement in the final action dates for various employment categories. For example, in August, the EB-1 final action date for China was January 1, 2010; in September it is Current. The August EB-2 final action date for China was January 1, 2010; in September it has moved forward to June 1, 2013. Dates in several categories were specified in August for El Salvador, Guatemala, and Honduras; in September, that column has been dropped and all chargeability areas except those listed for China-mainland born, India, Mexico, and Philippines are Current.
VISA BULLETIN FOR SEPTEMBER 2016
7. USCIS To Allow Additional Applicants for Provisional Waiver Process
U.S. Citizenship and Immigration Services (USCIS) announced a final rule, effective August 29, 2016, that expands the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs) and who are statutorily eligible for immigrant visas to more easily navigate the immigration process.
USCIS noted that the provisional waiver process “promotes family unity by reducing the time eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency.”
The agency said the final rule builds on a process established in 2013 to support family unity. Under that process, certain immediate relatives of U.S. citizens can apply for provisional waivers of the unlawful presence ground of inadmissibility, based on the extreme hardship their U.S. citizen spouses or parents would suffer if the waiver were not granted. The final rule expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility. Until now, only immediate relatives of U.S. citizens were eligible to seek such provisional waivers before departing the United States for the processing of their immigrant visas. Those eligible for the provisional waiver process under the 2013 rule are only a subset of those eligible for the waiver under the statute.
To qualify for a provisional waiver, applicants must establish that their U.S. citizen or lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States.
USCIS said it expects to update its Policy Manual “in the coming weeks” to provide guidance on how it makes “extreme hardship” determinations. The final rule also makes changes to Form
I-601A, Application for Provisional Unlawful Presence Waiver. These changes will go into effect along with the final rule.
8. DHS Announces 18-Month Redesignation, Extension of TPS for Syria
The Department of Homeland Security has redesignated Syria for temporary protected status (TPS) and extended the existing Syria TPS designation from October 1, 2016, through March 31, 2018. Nationals of Syria, or persons without nationality who last habitually resided in Syria, can register or re-register for TPS in accordance with the notice.
For current Syria TPS beneficiaries, the 60-day re-registration period began August 1, 2016, and runs through September 30, 2016. Syrian nationals and persons without nationality who last habitually resided in Syria and have: (1) continuously resided in the United States since August 1, 2016, and (2) been continuously physically been present in the United States since October 1, 2016, may apply for TPS during the 180-day initial registration period that began August 1, 2016, and runs through January 30, 2017.
The 18-month extension allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Syria TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of March 31, 2018. USCIS said it recognizes that some re-registrants may not receive their new EADs until after their current work permits expire. Therefore, USCIS is automatically extending for an additional six months current TPS Syria EADs with a September 30, 2016, expiration date. These existing EADs are now valid through March 31, 2017.
ANNOUNCEMENT, which includes additional details
9. New Publications and Items of Interest
The Department of Labor’s Office of Foreign Labor Certification (OFLC) will host a webinar, “Employer Filing Tips and Best Practices for Preparing and Submitting H-2B Prevailing Wage Requests and H-2A/H-2B Labor Certification Applications,” on Tuesday, September 13, 2016, from 12 noon to 4 pm EST. The webinar is designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies, and best practices associated with employer requests for H-2B prevailing wage determinations and applications for temporary labor certification under the H-2A and H-2B visa programs. OFLC said its objective for the webinar is to provide technical assistance to employers (and, if applicable, their authorized attorneys or agents) that will improve the quality of applications submitted to the OFLC. Topics will include recent program updates and initiatives designed to improve case processing and transparency of the decision-making process; how to avoid common deficiencies and frequent errors when preparing job orders and applications; helpful practice tips to ensure quality job orders and applications are submitted for processing; and best practices or quality prevailing wage requests and labor certification applications from the 2016 filing season. Details on how to join the webinar are below:
EVENT NUMBER: 744 257 619
- Go HERE
- If prompted, enter contact information (first name, last name, email address)
- If prompted, enter event password: Welcome!25
- Click on “Join Now”
- To join and hear the audio, dial the toll-free number 800-369-1983 and enter access code 2846236 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.
The Systematic Alien Verification for Entitlements (SAVE) program published a recent blog highlighting SAVE enhancements within the last six months. The blog discusses the updated SAVE website, the new resources page, and the USCIS director’s YouTube video celebrating SAVE’s 30th anniversary. BLOG
Updated labor certification fact sheets. The Office of Foreign Labor Certification has posted updated program fact sheets with third-quarter FY 2016 selected statistics. Reports are derived from program data as of June 30, 2016. The updated fact sheets include:
- Permanent Labor Certification Program
- Prevailing Wage Determination Program
- H-1B Temporary Visa Program
- H-2A Temporary Agricultural Visa Program
- H-2B Temporary Nonagricultural Visa Program
USCIS seeks input on Policy Manual. You can submit feedback on proposed changes to USCIS policy guidance HERE.
The latest E-Verify webinar schedule from USCIS is available HERE.
The latest edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in 30 immigration hotspots around the world.
The latest edition adds chapters on Malta and Romania. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Ghana, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Peru, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.
Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”
Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”
Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”
This comprehensive guide is for:
- Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
- Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
- Attorneys interested in expanding their practice to include global business immigration services.
This publication provides:
- An overview of the immigration law requirements and procedures for over 20 countries;
- Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
- A general overview of the appropriate options for a particular employee; and
- Information on how an employee can obtain and maintain authorization to work in a target country.
Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.
An excerpt of the book is on the ABIL website.
The list price is $431, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584
ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS
10. ABIL Member/Firm News
The following ABIL members and colleagues were listed in Best Lawyers in America 2017:
- Laura Danielson (Fredrikson & Byron, P.A.)
- Bryan Funai (Masuda, Funai, Eifert & Mitchell, Ltd.)
- Steve Garfinkel (Garfinkel Immigration Law Firm)
- Mark Ivener (Ivener & Fullmer LLP)
- Ronald Klasko and William Stock (Klasko Immigration Law Partners, LLP)
- Charles Kuck (Kuck Immigration Partners LLC)
- Vincent Lau (Clark Lau LLC)
- Robert Loughran, Charles Foster, John Meyer, Jose Perez, Judy Lee, and Nestor Rosin (Foster, LLP)
- Sharon Mehlman and Shannon Barnes (Mehlman Barnes, LLP)
- Cyrus Mehta (Cyrus D. Mehta & Partners, PLLC)
- Angelo Paparelli (Seyfarth Shaw LLP)
- Julie Pearl (Pearl Law Group)
- William Reich (Serotte Reich & Wilson)
- Lynn Susser and Greg Siskind (Siskind Susser, PC)
- Bernard Wolfsdorf, Naveen Rahman-Bhora, and Avi Friedman (Wolfsdorf Rosenthal LLP)
Barbara Jo (BJ) Caruso will speak at the 2016 Upstate New York American Immigration Lawyers Association Conference on Friday, October 7, 2016.
Charles Foster, of Foster, LLP, authored “How Clinton Could Enact Broad Immigration Reform,” Law360, August 22, 2016.
Mr. Klasko, Daniel Lundy, and Rohit Kapuria, attorneys with Klasko Immigration Law Partners LLP, recently participated in the 2016 New York EB-5 Convention hosted by EB5 Investors Magazine. Mr. Klasko moderated the panels, “Understanding and Evaluating Investor Protections and How U.S. Securities Laws Can Affect Overseas Agents” and “China Issues.” Mr. Lundy participated as a panelist in “Putting Together an Approvable EB-5 Project.” Mr. Kapuria moderated the panel, “Understanding an EB-5 Capital Transaction.”
Mr. Klasko participated in the “Lazy Days of Summer” Interactive CLE Series presented by Catholic Legal Services on Friday, August 26, 2016, in Miami, Florida. Mr. Klasko moderated the session, “A-Z, E-2 to EB-5,” and discussed considerations for contemplating prospective E to EB-5 petitions, nuances in direct EB-5 filings, EB-5 legislative initiatives, problem consulates/cases, and considerations for USCIS versus consular processing, among other topics. He also participated as a panelist on “Alternatives to the H Visa and Ways Around the H Cap” and covered H-1B1, E-3, TN, H-3, and J visa and considerations, whether it makes sense to file for PERM and forget the H-1B, ethical considerations for filing a number of H-1B petitions for the same client on behalf of different sponsors, and other topics on ethics.
Mr. Kuck was quoted in “4 Signs You Aren’t Cut Out To Be An Immigration Attorney,” published on August 5, 2016, in Law360. Among other things, Mr. Kuck noted, “Caring too much might personally burn you out, but it’s not going to harm your clients. Caring too little will harm your clients. And so … if you think this is about just making money and filling out forms, you are definitely not cut out to be an immigration lawyer.” The article is available by registering.
Mr. Mehta has authored several new blog posts. “Who Should Get Notice When An I-140 Petition Is Revoked? It’s The Worker, Stupid!” “Trump vs. Outstanding Immigrant Khizr Khan”
Mr. Paparelli has authored a new blog post. “Venture Capitalists and Immigration Proponents Likely Disappointed by USCIS Proposed Entrepreneurial Parolee Rule”
Anand Sinha, of Cyrus D. Mehta & Partners PLLC, has authored a new blog post. “Close, But No Cigar! Meaning of Affiliation for Purposes of H-1B Cap Exemption”
William Stock, of Klasko Immigration Law Partners, LLP, was quoted extensively in “Is Trump Plan ‘Systematic Effort’ To Derail Immigration?,” Bloomberg BNA, August 16, 2016, about U.S. presidential candidate Donald Trump’s proposal to vet immigrants for their adherence to American values. “We saw a lot of this after 9/11, where individuals from certain countries just never knew when their visa applications would be held up and were never told why they were held up,” Mr. Stock observed. He suggested that companies might “simply have to expand their facilities in other countries” if Mr. Trump’s vetting policy were put into practice.
Mr. Wolfsdorf will address the California State Bar Association as a panelist on September 29, 2016. His panel, “Immigration Visa Options for Investors, Innovators and Entrepreneurs,” will discuss immigrant and nonimmigrant visa options for those investing in and starting businesses in the United States.
Mr. Wolfsdorf and associates Joseph Barnett and Vivian Zhu co-authored “Updates on Minors as Primary EB-5 Applicants, Part 2: Practical Steps,” which was published on ILW.com on August 5, 2016. The article discusses the age-out problem due to the Chinese EB-5 backlog and the possibility of using minors as the primary applicants to avoid this issue.
Stephen Yale-Loehr is a founding member of the U.S. Alliance for International Entrepreneurs (USAIE) and helped draft a summary and initial analysis of the proposed international entrepreneurs rule, available on the USAIE website.
Mr. Yale-Loehr and his colleague Kristal Ozmun co-authored an article, “Visa Options for Employees Who Lose the H-1B Lottery,” which was published in Corporate Immigration 2016, edited by Nicolas Rollason of Kingsley Napley. The book can be viewed ONLINE.
Mr. Yale-Loehr was quoted recently in several publications about U.S. presidential candidate Donald Trump’s proposal to vet immigrants for their adherence to American values:
- “Trump’s Ideological Test for Immigrants is Absurd,” Denver Post, August 20, 2016. Mr. Yale-Loehr said, among other things, “It’s a problem to think about trying to vet every person for their commitment to some amorphous ideals that I think very few Americans would be able to agree on. Mr. Trump only continues to hurt any prospects for comprehensive immigration [reform]. It will take a bipartisan consensus to fix our broken immigration system, and his rhetoric only makes the issue more partisan and therefore makes it harder to enact any meaningful reforms.”
- “Trump’s ‘Deeply Un-American’ Stance on Immigration Prompts Legal Concerns,” The Guardian, August 17, 2016. Mr. Yale-Loehr said, “Immigration to the United States would grind to a near halt if millions of people are subject to background checks based on subjective criteria. How is a consular officer or a border inspector supposed to determine whether an applicant is sufficiently ‘American’ in his or her thinking?”
- “Is Trump Plan ‘Systematic Effort’ To Derail Immigration?,” Bloomberg BNA, August 16, 2016. Mr. Yale-Loehr noted that U.S. presidents can already prevent the admission of “noncitizens who advocate anti-democratic policies,” which is permitted under the Immigration and Nationality Act. In fiscal year 2015, he said, 46 temporary visa applicants and 1 green card applicant were barred from the United States under this provision. However, he noted, “it is one thing to apply this provision narrowly to government leaders. It is another to apply it to millions of immigrants and nonimmigrants.”
- “Donald Trump Calls for ‘Extreme Vetting’ and an Ideological Test for Would-Be Immigrants,” Los Angeles Times, August 15, 2016. Mr. Yale-Loehr noted that although the latest iteration of Mr. Trump’s policy does not specifically demand a religious test upon entering the United States, it still allows for capricious enforcement. “What one president thinks is important for American values, another president may deem not important. We don’t want an immigration policy subject to the vagaries of political opinion,” he said.
- “Why Trump’s Immigration Ideas Won’t Work,” Politico, August 15, 2016. Mr. Yale-Loehr said, “Immigration to the United States would grind to a near halt if millions of people are subject to background checks based on subjective criteria. This proposal would also cost billions of dollars to implement. Business people and visitors could not be able to plan quick trips to the United States because they would not know how long an ideological background check would take.”
Mr. Yale-Loehr was quoted in “Trump, Clinton and Immigration,” Marketplace.org, September 1, 2016. He noted, “President Obama deported more people in his first administration than President Bush had done under his administration.”
Mr. Yale-Loehr was quoted in “Migrant Mother, Son Sue U.S. Over Treatment in Detention,” Thomson Reuters Foundation, August 19, 2016 (and in a variety of newspapers about the same topic). If the case succeeds, Mr. Yale-Loehr noted, “it will send a strong signal to immigration authorities to clean up their act.”
Mr. Yale-Loehr was quoted in “Effort To Shrink Immigration Block Faces Steep Battle,” Law360, August 26, 2016. “It is rare for a court to restrict the scope of an injunction issued by another court,” he said,, adding that a New York federal court case that seeks to chip away at the block against President Barack Obama’s executive actions probably won’t be finished when Obama leaves the White House next year, meaning the case is “unlikely to benefit anyone in the near future.” The article is available by registering.
Mr. Yale-Loehr was quoted in “Inconsistencies Call Melania Trump’s Immigration Story Into Question,” on NPR’s All Things Considered, broadcast August 5, 2016. Mr. Yale-Loehr noted, “Donald Trump has made illegal immigration the centerpiece of his campaign. And even after President Obama said that he had been born in the United States, Donald Trump demanded to see written proof of that birth certificate. So I think what’s sauce for the goose is sauce for the gander.”
Mr. Yale-Loehr was quoted in “Democrats Demand Immigration Records for Melania Trump,” in the Washington Times on August 4, 2016. “Unfortunately, the Trump campaign has not released her immigration records, so no one knows for sure,” Mr. Yale-Loehr noted with respect to Mrs. Trump’s path to permanent residence and U.S. citizenship. “Donald Trump has said that anyone who has violated U.S. immigration laws must be dealt with in the harshest terms. Having raised the issue, Mr. and Mrs. Trump should answer these legitimate questions about Melania’s own immigration history.”
Mr. Yale-Loehr was quoted in Spanish in “http://www.univision.com/noticias/elecciones-2016/melania-habria-tenido-un-matrimonio-previo-al-de-donald-trump-sugiere-declaracion-de-exabogado-del-candidatoMelania habría tenido un matrimonio previo al de Donald Trump, sugiere declaración de exabogado del candidato,” on Univision on August 5, 2016. He noted, “Como Donald Trump ha hecho relevante el tema de la inmigración ilegal con tanta fuerza en esta campaña, yo pienso que le conviene a él y a Melania permitir que se publique su historial de inmigración para que sea escrutado y así podamos estar seguros de que ella hizo todo legalmente.”
11. Government Agency Links
Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:
USCIS Service Center processing times online
Department of Labor processing times and information on backlogs
Department of State Visa Bulletin
Visa application wait times for any post
