NEWSLETTER: May 12, 2017

NAWLAW IS PLEASED TO ANNOUNCE THAT OVER 50% OF ITS H-1B PETITIONS WERE ACCEPTED BY USCIS FOR PROCESSING

As recently reported, the Trump administration is likely to expand a ban on laptops on commercial aircraft to include some European countries, according government officials.

A panel of 13 judges in the 4th U.S. Circuit Court of Appeals in Richmond, Virginia heard oral arguments this week on the government’s appeal over the preliminary injunction of President Trump’s latest travel ban. According to multiple sources, the appeal hinges on whether the federal appeals court agrees that the President’s past anti-Muslim statements can be used against him.

According to the latest news reports, Congress has agreed on a budget until September 30, 2017, that extends the EB-5 Regional Center statute without change. It is our opinion that it is unlikely that any further EB-5 extensions will be “clean” or keep existing financial requirements because of the growing opposition.

To the displeasure of conservative groups and supporters of President Trump, lawmakers from both parties rejected key elements of the president’s proposals to enforce the nation’s immigration law more aggressively. This includes hiring thousands of new deportation officers, cutting off money to cities that refuse to turn over undocumented immigrants and funding for Trump’s border wall. While the funding bill does add nearly $1.5 billion for border and aviation security, lawmakers have rejected much of the president’s approach to border security in favor of a more conventional approach.

A California federal judge has recently granted a bid by San Francisco and Santa Clara county to block President Donald Trump’s executive order to withhold federal funds from ‘sanctuary cities’ for immigrants.

Department of Homeland Security Chief John Kelly has recently stated that the department will continue its controversial practice of arresting undocumented immigrants in places such as courthouses or places where those people might go to seek services, report crimes, or even file paperwork to postpone deportation.

The Washington Post recently reported that the arrests of undocumented individuals with no criminal records have more than doubled under the Trump administration to 5,441. Of the 675 immigrants detained across the United States in a series of raids in early February, about half had no criminal record or had recorded traffic offenses like drunk driving. According to statistics requested by The Washington Post, U.S. Immigration and Customs Enforcement arrested 21,362 immigrants between January and mid-March, up from 16,104 during the same time period last year.

According to data released by Customs and Border Protection, customs officers at the border and at airports almost doubled their searches of electronic devices of people entering the U.S. in the last 6 months.

According to activist groups, hundreds of immigrant detainees held in the Northwest Detention Center of Tacoma, Washington are refusing meals as part of an organized hunger strike. Northwest Detention Center, a private prison operated by Geo Group, has a capacity of 1,575 detainees and it is believed that over 500 detainees have taken part in the hunger strike. As part of their list of demands, detainees seek improved medical care, better food, speedier court proceedings, access to educational programs and better wages for labor as detainees currently earn $1 a day for working in the facility.

According to USA Today, federal agents have deported Juan Manuel Montes, who had been living in the U.S. since age 9 and had twice been granted deportation protections under the Deferred Action for Childhood Arrivals (DACA) program by President Obama and left intact by president Trump.

The Department of Homeland Security has recently announced that it has opened a new office aimed at reporting and keeping track of crimes allegedly committed by immigrants. The new office includes access to the criminal and immigration histories of suspects, although data does not suggest a higher correlation between immigrants and crimes.

Texas has become the second state to outlaw sanctuary cities, jurisdictions that refuse to fully comply with federal enforcement of immigration laws. Republican Governor Greg Abbott has approved legislation that would make it a misdemeanor crime for local law enforcement to not cooperate with federal immigration authorities. Such legislation holds penalties of up to $25,000 in fines for local governments and jail time for individual law enforcement officials who maintain sanctuary cities, as well as allows local police officers to inquire about someone’s immigration status during routine encounters such as traffic stops.

Maine Governor Paul R. DePage has sued Maine Attorney General Janet T. Mills in Kennebec County Superior Court over the attorney general’s refusal to represent the state in a number of cases relating to President Trump’s executive orders on immigration. Maine’s governor alleges that the attorney general’s refusal to support President Trump’s policies has cost the state hundreds of thousands of dollars in outside counsel fees.

As recently reported in the New York Times, 39 year old Fadwa Alaoui, a Moroccan-born Canadian, faced questions about her religious beliefs and politics when she recently tried to drive into Vermont for her monthly shopping trip. Ms. Alaoui stated, “they treated us like criminals” as she was also asked to give up her phone to be searched, only to be then turned away.

According to Human Rights First, U.S. border agents are either illegally turning away people seeking asylum or refusing to deal with their requests. U.S. law requires border agents to refer people who arrive at the border and request asylum to an interview with an asylum officer or to an immigration court. However, the human rights group has indicated that this is not what is happening.

Under the newly-proposed bill entitled the State Sponsored Visa Pilot Program of 2017, states would be able to craft their own guest worker programs and sponsor nonimmigrant workers to be admitted to the U.S. for up to three years. According to Senator Ron Johnson, the bill’s sponsor, the bill would grant states the flexibility to craft guest worker programs that would address local needs, all while adhering to federal regulations on worker visas.

O-1 VISA
- According to the most recent edition of the Foreign Affairs Manual: “while O-1 beneficiaries may not self-petition, a separate legal entity owned by the O-1 beneficiary may be eligible to file a petition on behalf of the O-1 beneficiary.”

DUAL INTENT
- 8 C.F.R. 214.2(o) (13) “Effect of approval of a permanent labor certification or filing of a preference petition on O classification. The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying an O-1 petition, a request to extend such a petition, or the alien’s application for admission, change of status, or extension of stay. The alien may legitimately come to the United States for a temporary period as an O-1 nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States.”

SITE VISITS
- We have both observed and learned from clients that USCIS is, on occasion, conducting site visits both pre-and post-interview to determine if a marital relationship is genuine. They are also calling households.

VISA REVOCATION
- B-2 visa holder from the Philippines was coming to the US for his 5th trip to visit his US citizen sister – his longest prior stay was only 1 month. However, at the very last minute both he and his wife were not permitted to board their flight in Manila to New York. The airline simply told to contact the U.S. Consulate, which he proceeded to do. The U.S. Consulate then simply indicated “cancelled” on his visa and stated that he could reapply again for a visa but there is a “mark” on his name and he should explain his reasons in writing for issuance of a new visa. Hence, the chances of him obtaining a new visa are extremely slim. It is suspected that someone contacted the U.S. Consulate and spoke ill of the B-2 visa holder. Both U.S. consular and immigration officials have been known to act on this basis without any actual evidence or proof – simply assertions and innuendo.

POTENTIAL STUDENTS
- USCIS is actively checking and cross-referencing SEVIS records. For example, a B-2 visitor from India sought to change status to F-1, obtained the I-20 from the school and applied for a change of status to F-1. He then left the US while his application was pending and later re-entered on the B-2 visitor visa. He then attempted to re-apply for a change of status to F-1 and USCIS denied the application based on his prior SEVIS record which indicated an intent to study – and not visit the US. That is, USCIS claimed he was not a genuine visitor for pleasure at the time he re-entered the U.S.

TN-1 approval for a Canadian national working as an Economist for an investment bank
TN-1 approval for a Canadian national working as a Management Consultant for an events company
TN-1 approval for a Canadian national working as a Management Consultant for a real estate development company
EB-1 approval for an Indian national working as a Director of Technical Operations for a VOD marketing service
EB-2 approval for a Brazilian national working as a Portfolio Manager for an investment firm
EB-3 approval for a Brazilian national working as an Architectural Designer for an architectural firm
EB-3 approval for a French national working as a French Science Teacher for a French school
H-1B approval for an Indian national working as a Financial Analyst
H-1B approval for a Canadian national working as a Project Manager for a construction company
H-1B approval for an Indian national working as a Vice President for an investment bank
H-1B approval for an Indian national working as a Managing Director for an investment bank
H-1B approval for a South Korean national working as an Associate for an investment bank
H-1B approval for a Canadian national working as an Associate for an investment bank
- *Our record of cap-based H-1B petitions thus far has seen an acceptance rate of over 50%. This is higher than the national average!
E-3 approval for an Australian national working as a Senior Knitwear Designer
E-3 approval for an Australian national working as a Director of Marketing and Communications
E-3 approval for an Australian national working as a Project Manager for a construction company
L-1 approval for an Indian national working as a VP of Accounting for an accounting firm
I-140 approval for an Irish national working as an Operations and Compliance Manager
I-140 approval for an Australian national working as a Studio Director
PERM approval for a Chinese national working as a Price Database Coordinator for an arts management company
PERM approval for a South Korean national working as a Fashion Designer for a textile design company
PERM approval for a Mexican national working as a VP of Research & Development for a sports information company

H-1B visa holder from Ireland states: I was coming back from Cancun, Mexico yesterday and we had a stopover in Minneapolis so I had to go through immigration there. The immigration officer said that when I was traveling back from Ireland through Shannon Airport on January 1st the immigration officer put me through as a visa waiver (ESTA) instead of stamping an H1B stamp. It now shows up that I over stayed since March 30th. What should I do? Ans. You can personally meet with CBP at JFK Airport and request that this be corrected. Many of our clients have experienced similar errors at the time of admission.
Undocumented mother of a U.S. citizen child, age 6, asks if she can obtain a passport for the child? Ans. Yes, we don’t believe there is currently a risk in doing so.
Foreign national from Hungary previously applied for a green card based on marriage to a U.S. citizen which was not approved or granted. However, he did receive a work permit as well as a social security number. He is now being asked to complete an I-9 form and asks if this will present a problem? Ans. Possibly – although he has a social security number he does not have current documents evidencing that he is eligible to work.
O-1B visa holder from India who has been outside the US for several months and returning shortly asks if she will encounter a problem at port of entry? Ans. In view of the increased authority given to CBP at port of entry, it is possible that this issue will arise so you should be prepared to explain why you have been abroad and emphasize that you will be working/performing in the US as per the O-1B. In this particular case we structured the O-1 visa application to provide for performances both in the US and abroad.
TN-1 visa holder from Canada as an Accountant is now interested in working in real estate on a commission basis and asks if this is feasible? Ans. The TN is specific to the initial sponsoring company based on a designated occupation – real estate sales (commission based), however, is not recognized as a TN occupation. Hence, it would not be permissible.
US citizen who is dating a Russian national that now wants to visit the U.S, asks if this is feasible? Ans. Obtaining a B-2 is very challenging in both Russia, Ukraine, the Philippines and many parts of the world. In many cases, the fiancé visa is the only other option -but requires marriage within 90 days of arrival.
O-1 visa holder in the U.S. from the UK who is travelling abroad asks, “Am I likely to experience any adverse issues when I return to JFK next month?” Ans. Although prospective visitors and green card holders are vetted we have not seen or heard of any incidents affecting O-1 visa holders.
Green card applicant and marijuana user asks whether such will show up on the green card medical exam required for all applicants? Ans. No, marijuana use is not presently tested on the green card medical exam.

Testimonial from an Irish national upon PERM/Labor approval: “Wow that’s Great News. Thanks a million for your help with this!”

Testimonial from a Canadian national upon receiving his TN approval as a Management Consultant: “Thank you very much for all your help!!! You are truly the best.”

Testimonial from a Pakistani national upon receiving EB-1 self-sponsored green card approval: “Neil is the best!”

NEWSLETTER: May 12, 2017

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