Important Immigration Law Developments

Important Immigration Law Developments:

While most of the newspaper headlines and articles have been focused upon undocumented aliens and asylum-seekers, the Trump administration has initiated a number of new policies and procedures that may have implications upon the work and travel of your foreign employees. Please take a moment to review these comments to ascertain if they may have implications upon your foreign national workforce. If they are aware of these new procedures, it may facilitate significantly their ability to travel in and out of the country and to maintain their employment continuity in their work.

  1. Discontinuance of joint adjudications on H/L petitions and applications for extension of stay. New procedures require that the extension of stay applicant must pay a biometrics fee and have their biometrics recorded, which will require a visit to an immigration office. These additional measures will lengthen the amount of time necessary to process the application and the 539 extension of stay cannot be premium processed.
  2. Discontinuance of the processing of L extensions at the border. The CBP has taken the position that the extension must be adjudicated by the USCIS. Because of the substantial backlog, most of these applicants will need to be premium processed to facilitate the employer’s international travels; this change will result in additional legal and filing fees.
  3. Some US consular officers are requesting social media information when processing the nonimmigrant visas, particularly for those applying for a B1/2, visitor, F- Student, H-2, temporary worker and J Exchange visitor.

Because of the complexity and strictness of the US immigration laws, it is prudent to retain the services of legal counsel to assist in the various applications. We look forward to working with you and your family members in the attainment of all of the legal benefits for which they may qualify. Thank you for your kind attention.