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Weekly Immigration updates

10/25/2017

Upcoming Events

The Law Offices of Keshab Raj Seadie, P.C. will host an immigration seminar on Oct. 26, 2017 from 10 am–4 pm in Edison, New Jersey. The subject is Operating an IT Consulting Company under the Trump Administration. Featured speakers include attorney Keshab Raj Seadie; William Slattery, former Executive Associate Commissioner, INS; and Anthony Koziel, former Immigration Services Analyst, USCIS, Department of Homeland Security.

Travel Ban Updates

On Tuesday, the U.S. Supreme Court dismissed a case filed in Hawaii over the second version of President Donald J. Trump’s travel ban on people from several predominantly Muslim countries. The second of the President’s travel bans was issued on March 6 and due to take effect on March 16, but Derrick K. Watson of Federal District Court in Honolulu blocked its implementation. Citizens from Iran, Somalia, Sudan, Yemen, Syria and Libya would have been subjected to a 90-day ban on traveling to the U.S. Also, it suspended the entire refugee program for 120 days and limited the total number of refugees to be admitted to the U.S. in 2017 to 50,000. The reason the Supreme Court dropped the case was because the time expired. The order did not address the merits of the case.

In September, the Trump administration announced a new travel ban that blocked the issuance of visas to people from Libya, Yemen, Somalia, Iran, Sudan, and Syria, all of which are majority Muslim. That ban has no expiration date. It has already been challenged in court, and a federal judge in Hawaii blocked it noting, “suffers from precisely the same maladies as its predecessor.”

It is assumed the matter will eventually make its way to the Supreme Court.

Policy Memo Impacting H1B

The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) establishes a fee that certain petitioners must pay when filing an H-1B petition with U.S. Citizenship and Immigration Services (USCIS). USCIS issued a policy memorandum that defined the terms “affiliate” and “subsidiary” so cases would be fairly adjudicated.

The ACWIA fee is $1,500, but employers with 25 or fewer full-time equivalent (FTE) employees, including the employees of “any affiliate or subsidiary of such employer” may pay $750. The DOL has published regulations defining “full-time equivalence.”

USCIS and SSA Coordinate on SSNs

The U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA) are now streamlining the process for an individual to apply for an employment authorization document (EAD) and a Social Security number (SSN). Form I-765, application for EAD, will now include the option to also apply for a SSN.