9TH CIRCUIT COURT OF APPEALS KEEPS BLOCK ON TRUMP’S IMMIGRATION BAN
A Ninth Circuit panel has unanimously refused President Donald Trump’s bid to reinstate his temporary ban on immigration for refugees and people from seven Muslim-majority countries. In weighing the balance of hardships and the public interest, the panel stated that the government failed to show that lifting the block is necessary to avoid irreparable injury. According to the panel, while the nation has a strong interest in combating terrorism, “the government has done little more than reiterate that fact . . . the government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States.” While the decision was hailed as “a complete victory” by challengers to the order, it drew an immediate and fierce response from the President who tweeted: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” The Trump administration is now likely to file an emergency application to the Supreme Court. The Supreme Court currently remains short-handed and a 4-to-4 deadlock could leave the appeals court’s ruling in place.
TRUMP’S REMOVAL PRIORITIES SPARE NO UNAUTHORIZED IMMIGRANTS
Although momentarily eclipsed by his now-blocked travel ban, President Donald Trump has replaced deportation guidelines set by former President Obama with sweeping new standards, including the categories of people who are now deportation targets. The radical change came in a January 25th Executive Order which provides that anyone who entered the U.S. without authorization can now be deemed a target for removal. The order states that “any person who could be arguably removable should be deemed an absolute priority,” and authorizes the deportation of removable immigrants who have been convicted of crimes, charged with a crime, done something that counts as a chargeable offense or those who appear to be a “risk to public safety or national security.” This is in drastic contrast to former President Obama’s guidelines who placed immigrants convicted of felonies, crimes related to gang activity, and those caught at the border as the highest immigration enforcement priority. This means that a conviction of any crime or criminal offense renders a foreign national vulnerable to deportation and removal. It represents a radical and fundamental shift from prior policy.
INCREASED REPORTS OF IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) RAIDS THROUGHOUT THE UNITED STATES
Reports have recently appeared that ICE has been conducting an increased number of raids throughout the United States. While ICE has insisted that these raids are targeted and lead driven, have been ongoing since the last administration, and are prioritized based on a variety of factors such as a person’s criminal and immigration history, new reports such as workplace raids have been ongoing. Reports of ICE raids and detention have appeared from Austin, Dallas and Pflugerville, Texas; Mesa, Arizona; Wichita, Kansas; Alexandria and Annandale, Virginia; Van Nuys, Vista, Pomona, Compton, Downey, Norwalk, Oxnard, San Bernandino, and Santa Paulo, California; Plant City, Florida, Charlotte and Burlington North Carolina, and throughout the Hudson Valley region of New York. There have also been reports of ICE checkpoints targeting immigrants with random ID checks in North Carolina and Austin. Immigration advocates and politicians have stated that they are having trouble obtaining a list of who and how many people have been detained.
H-1B VISA SEASON IS NOW IN FULL SWING!
If you are thinking of filing for an H-1B working visa now is definitely the time to begin the process since you have to be “in it, to win it.” With over 30 years experience and having achieved tremendous success for our clients, Nawlaw is fully equipped to provide you with the finest legal representation throughout the entire United States since immigration is national in scope. We have a large staff of experienced lawyers and paralegals all of whom are committed to achieving the finest possible results for our clients. In fact, we treat all of our clients like family! Each application is individually analyzed and properly crafted to insure that it is strong and formidable. You simply cannot afford to take chances with an inexperienced lawyer or law firm that does not concentrate in immigration!
Background: The H-1B is the basic “working visa” for foreign nationals holding either a U.S. Bachelor’s degree or the equivalent thereof. The H-1B BACHELOR’S cap consists of
65,000 and the advanced degree or Master’s quota consists of
20,000 visas. Out of the
6,800 visas are set aside for citizens of Singapore and Chile as part of the free trade agreement.
Typically, USCIS accepts H1B petitions for the upcoming fiscal year (October 1, 2018) starting from April 1st. However, for FY 2018 season, April 1st falls on a Saturday. USCIS will accept applications beginning on Monday, April 3rd, 2017, to April 7, 2017. USCIS operates on a fiscal year which runs from October 1st to September 30th. Thus approved H-1B applicants can begin work on October 1st.
As in the past four (4) years, it is anticipated that USCIS will conduct a random lottery. Please note that it takes considerable time to draft and file a proper H-1B petition. Also, it is not uncommon for the U.S. Department of Labor, which is involved in the H-1B process, to experience delays and problems in processing the required prevailing wage request. Premium/rush processing is available for an additional fee to USCIS.
We strongly urge you to act now and not to wait. Please contact us to arrange a consultation, either in our office or by phone or Skype. There is no substitute for experience!