As of December 12, 2022, United States Citizenship and Immigration Services (“USCIS”) has updated its policy manual to provide twenty four month automatic extensions to Green Card expirations to Lawful Permanent Residents (“LPRs”) applying for naturalization when they properly file an N-400, Application for Naturalization. The automatic extension applies to those LPRs filing N-400s on or after the 12th of December 2022.
Read moreUS Naturalizations Rose to Record Numbers in the Last Fiscal Year
United States Citizenship and Immigration Services (“USCIS”) reported in its Fiscal Year 2022 (“FY 2022”) Progress Report that over one million immigrant adults were naturalized as US citizens in FY 2022. The Service “completed 1,122,300 naturalization cases and naturalized 1,023,200 new U.S. citizens” marking the highest number of naturalized citizens in “almost 15 years” and the “third- highest annual tally recorded in U.S. history.”
Read moreBiden Administration Takes Steps to Maintain STEM Talent in the US
In an effort “to attract global talent to strengthen our economy and technological competitiveness, and benefit working people and communities all across the country”, the Department of Homeland Security (“DHS”) has significantly revised and broadened its policy affecting F-1 students who have earned a qualifying US degree in the fields of science, technology, engineering, and mathematics (“STEM”).
Read morePresident Trump Signs Executive Order on Use of Foreign Workers by Federal Agencies
President Trump today signed an executive order meant to protect American workers and prevent US federal agencies from outsourcing jobs to foreign workers. The executive order directs federal agencies to conduct an internal audit to review contracts and hiring practices to assess any negative impact and effect of contractors’ use of temporary foreign labor or offshore work on US workers and to take corrective action as necessary. The executive order additionally directs the Secretaries of Labor and Homeland Security to take action, within forty-five days, to “protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the requirements of section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)).” The executive action was reportedly prompted by the announcement from the federally-owned Tennessee Valley Authority that it will lay off sixty-two information technology workers and outsource data and programming work. We will continue to provide updates and developments regarding this executive order as appropriate especially as it relates to the H-1B visa program.
President Trump's Announcement on Suspending Immigration to the United States
UPDATE APRIL 23, 2020: President Trump signed a proclamation on suspending entry of immigrants to the US for 60 days.
President Trump announced late Monday night in a tweet that he plans to temporarily “suspend immigration” to the United States, a move he said is needed to protect American jobs and prevent the further spread of coronavirus (COVID-19), which he called “the Invisible Enemy.” White House officials reported that they are drafting an executive order that Trump could sign as early as today. At this time, it is unclear what exactly such an executive order would accomplish. Last month, the State Department canceled most routine immigrant and nonimmigrant visa appointments at US Embassies/Consulates abroad, effectively shutting down nearly all kinds of new travel to the US for nonimmigrants and immigrants. The US has also already enacted restrictions on international travel from Europe, China, and other countries affected by COVID-19, and has placed strict controls at the country’s land borders.
The State Department also stopped all processing for refugee resettlement, while citizenship ceremonies have been suspended as well as in-person services by US Citizenship & Immigration Services (USCIS). It is unclear if the order will simply extend these policies already in effect or if it will go further to suspend Green Card and visa petitions filed by employers. Once the order is issued, we would expect to have a clearer idea of what to expect. We will publish additional updates on the executive order as soon as we receive them.
UPDATE APRIL 22, 2020: Yesterday, President Trump provided some additional details about his proposed immigration ban. He indicated that foreign nationals would not be able to file immigrant visa applications for sixty days. Those with nonimmigrant visas (like O-1, H-1B, TN, E-3, P-1, J-1, F-1, etc.) would not be affected by the restrictions. Since the president has not signed the final order yet, some of this may change but we will continue to update this page as we receive guidance and information.
Bloomberg Law: “Businesses Challenging Visa Denials Seeing Early Successes”
Around mid-2017, many immigration attorneys noticed a shift in treatment of H-1B visa petitions, the only visa type specifically named in President Trump’s “Buy American and Hire American” executive order. Requests for Evidence (RFEs) and denials by US Citizenship & Immigration Services (USCIS) dramatically increased by the end of fiscal year 2017, according to an analysis of USCIS data. Last year, some immigration attorneys adopted a new strategy: suing the government over visa petition decisions and RFEs. Now, it looks like those efforts may be paying off for some employers. According to immigration attorney H. Ronald Klasko, the majority of complaints he filed in the last year to a year and a half have resulted in decisions in favor of the employer. Klasko argues that litigation is now a necessary part of the practice of immigration law, especially in regard to H-1Bs.
Read moreBusiness Insider: "A judge permanently blocked Trump's order that threatened federal grants to 'sanctuary cities'"
Last week, Judge William Orrick, a federal district judge for Northern California, permanently blocked President Trump’s executive order cutting federal funds to sanctuary cities that refuse to comply with federal efforts to detain and deport undocumented immigrants. In his ruling, the judge writes that the executive order violates the US Constitution’s principles of federalism and separation of powers. This decision is the result of a lawsuit brought by the city and county of San Francisco and Santa Clara County challenging the executive order issued in January this year that aimed to cut federal funding for cities which did not comply with a statute that prohibits state and local governments from refusing to relay information about the immigration status of those in their jurisdiction to federal immigration authorities. In his decision, Judge Orrick states: “The Counties have demonstrated that the Executive Order has caused and will cause them constitutional injuries by violating the separation of powers doctrine and depriving them of their Tenth and Fifth Amendment rights.”
Read morePolitico: “Trump targets 11 nations in refugee order”
President Trump signed an executive order on Tuesday to restart the refugee resettlement program, after it was suspended for 120 days as part of the president’s travel ban issued earlier this year. The order will resume refugee admissions but will initiate a new 90-day review period for officials to conduct an “in-depth threat assessment” of eleven countries. While neither the executive order nor the White House named these eleven countries, Politico says that based on statements from senior administration officials these countries appear to include: Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria and Yemen—all majority-Muslim countries except for North Korea and South Sudan.
Read moreNew York Times: “U.S. Technology Startups Panic Over Immigration Ban”
Silicon Valley technology start-ups and businesses, many with immigrant founders and a diverse workforce, are reacting strongly against President Trump’s executive order banning travel for nationals of certain Muslim-majority countries. President Trump’s executive order, issued late last month, halted the US refugee program for 120-days, barred Syrian refugees indefinitely, and imposed a ninety-day travel suspension on individuals from seven predominantly Muslim countries, including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The ban, which was temporarily halted on Friday by a Seattle judge, has led to widespread protests and legal challenges, and many venture capitalists and start-up founders are reporting it’s already impacted key business decisions and employee operations. "I've never seen something impact the day-to-day thought process of CEOs so fast,” Neeraj Agrawal, general partner at Battery Ventures, tells the New York Times.
"Here and now, today, we have businesses that are stopping because their employees can't travel in and out of the United States," David Cowan, a partner at Silicon Valley firm Bessemer Venture Partners, says. "This will be the No.1 cause of missed business plans in 2017." Cowan, who also sits on the board of a cybersecurity company in Israel, says the company has delayed moving its headquarters to the US because its employees are "from all sorts of countries.” Other companies have also reported delaying plans to open up US locations. Amin Shokrollahi, founder and chief executive of Kandou, a semiconductor company, is reconsidering plans to open a US design center that would have employed at least twenty people. The Iranian-German dual citizen is based in Switzerland, and he and his Iranian colleagues canceled plans to attend a trade show in Silicon Valley, where he was supposed to have received an award.
The employee base of many Silicon Valley companies is especially diverse. More than half of all "unicorns"—startups valued at $1 billion or more—have at least one immigrant founder, according to a 2016 study by the National Foundation for American Policy, a non-partisan think tank based in Arlington, Virginia. "There is a panic in the startup community," Bill Stock, president of the American Immigration Lawyers Association (AILA), tells the New York Times. "Startups are very concerned because of the unpredictability of the order."
The opposition to the travel ban is so strong that nearly 130 companies, many of them in the technology field, filed an amicus brief late Sunday in the US Court of Appeals for the Ninth Circuit, which declined to reinstate the travel ban after it had been blocked. The brief was signed by large and small tech companies including Apple, Facebook, Microsoft, Google, Uber, Tesla, and Intel and says that the “instability and uncertainty” created by the executive order “will make it far more difficult and expensive for US companies to hire some of the world’s best talent—and impede them from competing in the global marketplace.” President Trump says the ban is necessary to protect Americans, objecting to the judicial ruling that blocked his ban: "The judge opens our country to potential terrorists and others that do not have our best interests at heart. Bad people are very happy!"
While many technology companies have been outspoken in their protest of the ban, other companies are keeping quiet. Fortune Magazine contacted nearly every company in the Fortune 100 for a response to the Muslim ban, and the “responses were almost uniformly no-comments or punts, with spokespeople explaining executives were still assessing the impacts of the ban.”