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Articles by Lowell Sachs
Employers Prepare for Higher Costs as USCIS Increases Premium Processing Fees
The U.S. Department of Homeland Security (DHS) announced that the fees charged by U.S. Citizenship and Immigration Services (USCIS) for premium processing of certain visa petitions will increase from the current rate of $1,225 to $1,410, beginning October 1, 2018. This jump in price, which represents almost a 15 percent increase over the current rate, is in step with the impact of inflation since DHS last adjusted premium processing rates in 2010.
Supreme Court Preserves Trump Travel Ban in Nod to Presidential Authority
In a 5-4 decision, the Supreme Court of the United States upheld the legality of President Trump’s Proclamation No. 9645, commonly known as the travel ban, holding that the restrictions imposed by the policy are “squarely within the scope of Presidential authority” under current immigration law. The Court reversed the October 2017 Hawaii district court’s grant of a preliminary injunction against the ban as an abuse of discretion.
Share Pilot Program for Canadian L-1 Applicants Is Now in Effect
From April 30, 2018 to October 31, 2018, U.S. Customs and Border Protection (CBP) and the U.S. Citizenship and Immigration Services (USCIS) California Service Center (CSC) are conducting a joint pilot program that affects the processing of L-1 intracompany nonimmigrant visa petitions for Canadian citizens at the port of entry (POE) in Blaine, Washington.
DC Circuit Court Rejects DACA Immigration DHS Decision
On April 24, 2018, the U.S. District Court for the District of Columbia rejected the decision by the U.S. Department of Homeland Security (DHS) to rescind the Deferred Action for Childhood Arrivals (DACA) program. Declaring DHS’s action to be “unlawful” and “arbitrary and capricious,” the court issued an order vacating the rescission, but permitted the Trump administration 90 days to salvage its efforts to end the program by better explaining its reasoning.
Supreme Court Declines to Review California’s Halt of DACA Rescission
The Supreme Court of the United States has rejected the Trump administration’s request that it review a California federal court’s order temporarily halting the federal government’s action to end the Deferred Action for Childhood Arrivals (DACA) program.
New York Court Blocks DACA Demise
On February 13, 2018, a U.S. district court in New York issued a nationwide preliminary injunction halting the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals (DACA) program. President Donald Trump had announced the rescission of DACA on September 5, 2017. The program’s end would result in the expiration of work authorization for DACA recipients.
Employers Take Note: New Form I-9 Now in Effect
As of September 18, 2017, all employers must now use the revised Form I-9 released by U.S. Citizenship and Immigration Services (USCIS) to verify the identity and employment authorization of all new hires, whether citizens or noncitizens. USCIS initially published the new version of the I-9 Employment Eligibility Verification form on July 17, 2017, but had permitted a transition period during which employers could continue to use the previous edition of the Form I-9 through September 17, 2017.
Travel Ban Update: Hawaii Court Converts TRO to Full Blown Preliminary Injunction
On March 29, 2017, U.S. District Court Judge Derrick Watson granted a request by the State of Hawaii for a preliminary injunction blocking implementation of key portions of President Donald Trump’s immigration travel ban until the matter is fully decided on the merits.
UPDATE: Federal Judge Issues Order Temporarily Halting President Trump’s Immigration Travel Ban
On Friday, February 3, 2017, U.S. District Judge James L. Robart granted a temporary restraining order (TRO) against defendants, President Donald Trump, the U.S. Department of Homeland Security (DHS), DHS Secretary John F. Kelly, and Acting U.S. Secretary of State Thomas A. Shannon, Jr. The plaintiffs in the case, the State of Washington and the State of Minnesota, filed the motion for the TRO in their suit, State of Washington, et al. v. Donald J.
Federal Judge Issues Order Temporarily Halting President Trump’s Immigration Travel Ban
On Friday, February 3, 2017, U.S. District Judge James L. Robart granted a temporary restraining order (TRO) against defendants, President Donald Trump, the U.S. Department of Homeland Security (DHS), DHS Secretary John F. Kelly, and Acting U.S. Secretary of State Thomas A. Shannon, Jr. The plaintiffs in the case, the State of Washington and the State of Minnesota, filed the motion for the TRO in their suit, State of Washington, et al. v. Donald J.
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