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Update on Deferred Action for Childhood Arrivals (DACA)

Bimonthly Immigration Newsletter: August 2016

Provisional Waiver Expansion

The Department of Homeland Security (DHS) recently published a final rule that expands the class of those eligible to apply for a provisional waiver of inadmissibility. The waiver essentially allows certain individuals unlawfully present in the U.S. to request forgiveness of this immigration violation and avoid a three- or ten-year wait outside the U.S. ...[read more]



DAPA/DACA Wrap Up: Supreme Court Dealt Blow to Executive Action

In late June, the U.S. Supreme Court in a 4 to 4 “per curiam” decision affirmed a lower-court ruling blocking implementation of two key immigration programs ordered by President Obama. The programs in dispute — Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the expansion of the Deferred Action for Childhood Arrivals (DACA) programs... [read more]

New Immigration Case Going to Supreme Court

In the wake of the Supreme Court’s split decision on President Obama’s executive action concerning DACA/DAPA, the nation’s highest court has agreed to hear another critical immigration case. Late last year, the Ninth Circuit upheld an order by a federal district court in California requiring immigration judges to hold bond hearings every six months... [read more]

 


H-1B, L-1, and R-1 Government Site Visits — What to Expect and What to Do

U.S. Citizenship and Immigration Services (USCIS) began its Administrative Site Visit and Verification Program in 2009. Under the program, site visits are conducted by its Fraud Detection and National Security Directorate (FDNS). FDNS conducts site visits for religious worker (R-1) petitions, H-1B petitions, and, since 2014, L-1 petitions. [read more]



DOL Meeting Reveals Some Big Changes on the Horizon for PERM

The DOL Office of Foreign Labor Certification (OFLC), at a meeting in May 2016, indicated that the Prevailing Wage, PERM, and H-2B Processing Centers will be undergoing some major changes. Upon recommendations from the efficiency experts at the Office of Personnel Management (OPM), OFLC will be creating new divisions... [read more]


Update on Central American Asylum Seekers: Detention of Children, Refugee Processing, Legislation, and Recent Case Law

The refugee crisis erupting from Honduras, Guatemala, and El Salvador (Northern Triangle) has continued unabated. The devastating murder rate in these countries has led to a 1,185 percent increase in asylum applications as compared to other neighboring Latin American countries. [read more]


Class Action Lawsuit Filed on Behalf of Asylum Applicants

The Northwest Immigrant Rights Project, the American Immigration Council, Dobrin & Han, PC, and the National Immigration Project of the National Lawyers Guild recently filed a class action lawsuit in a federal district court in Washington State... [read more]


New Questions Proposed for ESTA Form

CBP has proposed adding questions to the Electronic System for Travel Authorization (ESTA) application on eligibility requirements for travel under the Visa Waiver Program. In addition to country-specific travel restrictions, a request for ESTA applicants’ Global Entry Program numbers are being proposed as well as work and overstay questions. [read more]



News in Brief

The following additional items may be of interest to our readers.