On August 24, 2017, Jonathan Swain of Axios reported that President Donald Trump is giving strong consideration to ending Deferred Action for Childhood Arrivals (DACA). As we discussed previously on site, Texas Attorney General Ken Paxton gave the Trump Administration until September 5, 2017, to end DACA or face a legal challenge to the program.
On January 13, 2017, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking titled “EB-5 Immigrant Investor Program Modernization” in the Federal Register (FR) at 82 FR 4738. The notice makes several proposals for changing the EB5 program that would be significant if they are ultimately enacted.
On August 22, 2017, President Donald Trump signed the Northern Mariana Islands Economic Expansion Act. H.R. 339 into law. The legislation modifies provisions relating to the Commonwealth of the Northern Mariana Islands (CNMI) Transitional Worker classification, more commonly known as “CW1.” The CW1 transitional worker category is a limited nonimmigrant work visa applying only to individuals in the Northern Mariana Islands who would be ineligible to work under other nonimmigrant work visa categories. The new legislation adds 350 CW1 visas to the fiscal year 2017 CW1 cap. This raises the CW1 cap from 12,998 to 13,348. It also restricts the availability of CW1 visas for certain employees going forward and raises the mandatory CNMI education fee for all CW1 employees.
On August 28, 2017, Stephen Dinan of the Washington Times reported that the Department of Homeland Security (DHS) will soon expand in-person interview requirements for certain individuals seeking adjustment of immigration status. According to the report, the United States Citizenship and Immigration Services (USCIS) has announced that beginning October 1, 2017, those seeking adjustment of status in the employment-based preference categories will be required to undergo in-person interviews. The in-person interview requirement will also apply for all Form I-730, Refugee/Asylee Relative Petitions.
On August 9, 2017, the United States Citizenship and Immigration Services (USCIS) issued a new Policy Memorandum on the definitions of “affiliate” and “subsidiary” in the H1B ACWIA fee context. The Memorandum is titled Definition of ‘Affiliate’ or “Subsidiary’ for Purposes of Determining the H-1B ACWIA Fee.” In this blog, we introduce the issue and provide a link to our full article on the memo.
Citing to a recent Wall Street Journal report, The Hill reported that the Trump Administration is considering curtailing certain foreign work exchange programs. The report specifically notes that the review includes some exchange programs that fall under the J1 exchange visitor program, including the summer work travel and au pair programs.