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The Supreme Court has declined to rehear a case in which it split 4-4, thereby affirming a lower court’s ruling blocking President Obama’s proposed programs to allow millions of undocumented immigrants to stay in the country and apply for work authorization.
Key points:
Background: In 2014, Obama announced plans to use his executive authority to expand the Deferred Action for Childhood Arrivals (DACA) program and create a similar program, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Eligible applicants would have been allowed to remain in the U.S. and apply for work authorization.
The initiatives were put on hold after a federal court sided with 26 states, led by Texas, that sued to block their implementation. The 5th Circuit upheld the injunction and the Supreme Court affirmed the 5th Circuit ruling in a 4-4 split in June.
In its July petition, the Justice Department acknowledged that it is “exceedingly rare” for the Court to grant a rehearing, but urged a full Court to rehear the case “rather than allow a nonprecedential affirmance by an equally divided Court to leave in place a nationwide injunction of such significance.”
BAL Analysis: The Court rulings keeping the injunction in place were a significant defeat for the Obama administration and supporters of its immigration programs, but the decision not to rehear the case was not a surprise. The merits of the lawsuit remain to be decided by the district court in Brownsville, Texas. The rulings in the case do not impact the administration’s immigration policies related to high-skilled workers.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
Four immigration programs that were set to expire have been temporarily extended without alteration after Congress passed a short-term budget bill late Wednesday.
The programs were set to expire Sept. 30, the last day of the fiscal year, and have been extended, along with other federal government programs, through Dec. 9.
The programs in question are:
The extension of the programs described above applies not only to principal visa applicants, but also to spouses and dependent children.
BAL Analysis: The stopgap budget agreement reached Wednesday will extend the programs listed above through Dec. 9, but Congress must approve a longer-term budget agreement for them to be extended beyond that. BAL will continue to monitor developments in Congress and report on any significant immigration-related developments in the coming weeks and months.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact your BAL attorney.
The U.S. Senate has voted to approve a stopgap spending bill that will keep the federal government funded through Dec. 9. The House of Representatives was expected to vote on the bill late Wednesday, and President Barack Obama has indicated he will sign it.
Approval of a spending bill before Oct. 1 would allow the federal government to avoid a shutdown.
Four immigration programs – the Non-minister Special Immigrant Religious Workers Program, the Conrad 30 Waiver Program, the EB-5 Regional Center Immigrant Investor Program and the H-2B Returning Worker Program – were among those that were set to expire Sept. 30, at the end of the 2016 fiscal year, without Congressional reauthorization.
BAL Analysis: BAL continues to follow events in Washington, will review the text of the final budget legislation and report on any significant impacts the legislation will have on the programs listed above or other immigration programs.
The U.S. Consulate in Adana, Turkey, issued a security message Monday, warning U.S. citizens of “specific and credible threats” of possible terrorist attacks.
Background: The consulate issued the security message Monday as the State Department continues to warn travelers of increased security threats across Turkey. The State Department has advised against travel in southeastern Turkey, near the Syrian border. U.S. officials are also monitoring the effects of a state of emergency that was declared after a failed coup in July and of terrorist attacks in Ankara, Gaziantep and Istanbul.
BAL Analysis: Foreign nationals residing in or visiting Turkey should exercise caution, especially in areas where officials believe extremist groups are interested in launching attacks. Employers may wish to encourage their employees to enroll in the State Department’s Smart Traveler Enrollment Program, a free service that provides updated security information and allows Americans to register their trips abroad with the closest U.S. embassy or consulate.
This alert has been provided by the BAL Global Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The Department of Homeland Security announced Thursday that it will extend Temporary Protected Status (TPS) for nationals of Guinea, Liberia and Sierra Leone through May 20, 2017. The agency said TPS benefits for nationals of these countries will come to an end May 21, 2017.
Background: TPS designation is made in temporary and extraordinary circumstances and enables eligible nationals who have been continually present in the U.S. to obtain an EAD and avoid deportation. Guinea, Liberia and Sierra Leone were originally designated for TPS in November 2014 at the height of the Ebola outbreak in West Africa. DHS extended TPS for nationals of the three countries in March 2016, saying the countries continued to experience the effects of Ebola. DHS said Thursday that the situation has improved and urged “individuals who do not have another immigration status to use the time before the terminations become effective in May to prepare for and arrange their departure from the United States or to apply for other immigration benefits for which they may be eligible.”
BAL Analysis: Employers should be aware of the automatic extension of EADs for nationals of the three countries for purposes of the Form I-9, Employment Eligibility Verification.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com. Copyright © 2016 Berry Appleman & Leiden LLP.
U.S. Citizenship and Immigration Services (USCIS) has announced that in October it will accept employment-based adjustment-of-status applications based on the Visa Bulletin’s Dates for Filing chart.
Additional information: As in the Final Action Dates chart, all EB-1 categories will remain current. All EB-2 categories other than India and China will remain current as well.
Dates for Filing Employment-Based Adjustment of Status Applications
The Dates for Filing chart in the October Visa Bulletin will also be used for family-sponsored immigrants. For the employment-based visa categories that are scheduled to expire absent congressional reauthorization, the Final Action Dates chart must be used. More information about these categories can be found on the USCIS website.
Background: Since October 2015, the Visa Bulletin has included two separate cutoff dates for each backlogged preference category: (1) a cutoff date that identifies whether immigrant visas remain available for filing an application to adjust status with USCIS (Dates for Filing Visa Applications) or submitting paperwork to the National Visa Center for a consular application; and (2) a cutoff date that will control whether a visa number remains available for issuance such that USCIS or the State Department may approve an immigrant visa or application to adjust status (Application Final Action Dates). While USCIS will accept applications under the Dates for Filing cutoff dates in October, the agency is expected to use the Final Action cutoff dates for adjudication and approval of the adjustment-of-status applications.
BAL Analysis: The use of the Dates for Filing chart will benefit a number of applicants, particularly in the categories highlighted above, who will now be able to file applications for permanent residence sooner than would have been possible under the Final Action Dates chart. While USCIS will still adjudicate and approve applications under the Final Action dates, the allowance of the Dates for Filing chart will permit a higher number of applicants to file adjustment-of-status applications and obtain an employment authorization document (EAD) and advance parole (AP) for themselves and their family members.
Online registration opens Oct. 4 for the 2018 Diversity Immigrant Visa Program.
The program provides 50,000 immigrant visas (i.e., green cards) to people from countries with historically low levels of immigration to the United States. Applicants must meet certain eligibility requirements and are selected through a randomized computer drawing.
Background: In order to qualify, registrants must be born in an eligible country and meet educational or work requirements. In some circumstances, registrants who are not from an eligible country can qualify by claiming the country of their spouse or parents. Registrants must also have a high school education (or the equivalent) or have worked in two of the past five years in a qualifying occupation. Each individual may only submit one entry; those who submit more than one will be disqualified.
BAL Analysis: Those interested in entering the lottery may wish to review the State Department’s Diversity Visa Instructions page and are reminded not to wait until the end of the application period to submit their entry forms.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Four immigration programs are set to expire Sept. 30, as Congress continues to work on a spending bill with the new fiscal year approaching. The programs are:
The expiration of the programs listed above would apply not only to principal applicants, but also to spouses and dependent children. If the programs do expire, pending applications would temporarily be put on hold pending possible reauthorization by Congress.
BAL Analysis: BAL continues to monitor developments in Congress and will report on any significant immigration-related developments in the budget bill or other legislation.
IMPACT – MEDIUM
What is the change? Vietnam has begun issuing one-year, multiple-entry visas to U.S. nationals.
What does the change mean? U.S. nationals traveling to Vietnam for business or tourism are now eligible for visas with longer validity. Prior to the change, U.S. nationals were only eligible for visas that were valid for one or three months.
Background: Vietnam’s National Assembly voted to extend the visa validity period for U.S. nationals in April. At the time, the U.S. Embassy and Consulate in Vietnam said the deal underscored “the commitment of the U.S. and Vietnam to improve the bilateral relationship by expanding existing trade and economic opportunities and developing people-to-people ties.”
BAL Analysis: Officials hope the change will facilitate business travel and tourism and reduce the inconvenience of having to apply for visas more frequently.
This alert has been provided by the BAL Global Practice group and our network provider located in Vietnam. For additional information, please contact your BAL attorney.
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Priority cutoff dates will advance significantly as new immigrant visas become available at the beginning of the new fiscal year, according to the State Department’s October Visa Bulletin.
Additional notes: A number of categories saw significant retrogression in recent months as visa numbers began to run low toward the end of the fiscal year. New visa quotas will be available beginning Oct. 1 and the advancements detailed above were anticipated for the October visa bulletin.
Application Final Action Dates for Employment-Based Preference Cases:
The State Department also released its Dates for Filing chart for October 2016. Applicants seeking to file for adjustment of status are reminded that the Dates for Filing chart does not take effect unless USCIS confirms it via a web posting in the next week or so. To date, USCIS has not allowed applicants to use the Dates for Filing chart for filing adjustment of status applications.
About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP