On January 25, the Trump Administration issued two executive orders on immigration, both of which signal the administration’s plan to implement the restrictive immigration policies espoused during the presidential campaign. The orders, effectively immediately, provide for the following:

• Immediate authorization to construct a wall along the southern U.S. border.
• Immediate increase in the use of detention of undocumented foreign nationals in removal proceedings.
• Development of policies designed to end the “abuse” of parole and asylum.
• Immediate authorization to hire 5,000 additional Border Patrol agents and 10,000 Immigration and Customs Enforcement agents.
• Directs the Department of Homeland Security (DHS) to enter into agreements authorizing state and local law enforcement offices to enforce immigration violations.
• Authorizes withholding of certain Federal funds from cities and counties that do not share immigration information with DHS, otherwise knowns as “sanctuary jurisdictions.”
• Immediate authorization for DHS and the Department of State to implement “visa sanctions” against countries that deny or delay the return of their nationals who are ordered removed from the U.S.
• Excludes non-citizens and non-Lawful Permanent Residents from Privacy Act protections, permitting personal information provided on immigration documents to be used in enforcement actions.

In addition to the above, there are various other provisions requiring various data gathering and reporting.

The administration is expected to issue additional immigration-related executive orders, perhaps as early as today. According to reports, the most significant of these orders is likely to temporarily restrict visa issuance to and entry into the U.S. of nationals from “countries of concern” while the immigration agencies review and strengthen their procedures for “vetting” applicants.  The initial list of “countries of concern” will likely include all or some of Iraq, Libya, Somalia, Sudan, Syria, Yemen, and Iran. Foreign nationals from these countries who intend to apply for a visa or enter the U.S. should do so as soon as possible to avoid ramifications of the order.

In addition, the coming orders are expected to effectively end the refugee admission program for Syrians and temporarily halt refugee admissions from other countries, while also reducing the number of refugee admissions to 50,000 in 2017.

The order also is expected to end the Visa Interview Waiver Program that currently provides streamlined visa issuance, and provide for a review of visa reciprocity agreements to ensure that the fees and validity periods for visas issued to U.S. citizens by other countries are similar to what the U.S. provides for nationals of those countries.

It is important to note that many of these policies are simply a return to those that were in place before President Obama took office in 2009, such as the agreements with local law enforcement (known as the “Secure Communities” initiative), while others are merely a shift in priorities under existing law. For example, the law requiring construction of the “border wall” was passed several years ago, although a lack of Congressional funding, changing immigration enforcement priorities, and various legal and engineering challenges have stalled actual construction.
 
In addition, many of the provisions, while onerous, cannot be implemented without new or additional Congressional funding, and it remains to be seen whether Congress will agree to provide those funds.
 
If you have any questions about these executive actions or any other immigration issues, please contact us.

The State Department has released the  February 2017 Visa Bulletin listing the priority dates eligible for “Application Final Action,” i.e. when an I-485 adjustment of status (AOS) application may be approved or an immigrant visa (IV) issued, and the priority dates eligible for “Filing Applications,” i.e. when an AOS or IV application may be filed.

Once again, there will be small but consistent advances in the “Application Final Action Dates” in the family-based categories. Each of the family-based categories will advance at least a few weeks, with the exception of the Mexican third-preference for married sons and daughters of U.S. citizens (F3) and the Philippines second-preference for unmarried sons and daughters of Permanent Residents (F2B), which do not advance.

In the employment-based categories, the EB-1 category remains current for all countries. There will be minimal movement in the other categories with the exception of EB-2 India, which will remain at April 15, 2008, and EB-3 China for “other workers” (i.e. those sponsored for positions requiring less than two years of experience), which will remain at December 1, 2005.

The “Dates for Filing” for all family- and employment-based categories and all countries will remain the same as the January 2017 visa bulletin.

As a reminder, the “Dates for Filing Applications” are valid only for consular processing immigrant visa applications. USCIS will make a separate determination whether to allow the filing of AOS applications under the “Dates for Filing” chart or the “Application Final Action Dates” chart in the visa bulletin. USCIS has not yet determined which chart may be used for adjustment of status filings in November 2016. The agency will post that information on its website.

You can view the visa bulletin in its entirety below. Please contact us with any questions.

As the hustle and bustle of the holidays comes to an end, we take a look at January 2017 Visa Bulletin listing the priority dates eligible for “Application Final Action,” i.e. when an I-485 adjustment of status (AOS) application may be approved or an immigrant visa (IV) issued, and the priority dates eligible for “Filing Applications,” i.e. when an AOS or IV application may be filed.

Since the new fiscal year began in October 2016, we have seen across the board advances in the “Application Final Action Dates” in the family-based categories, with each of the family-based categories advancing at least a few weeks.  That remains the case in January, as every category will advance with the exception of the Mexican second-preference for unmarried sons and daughters of Permanent Residents (F2B) ​, which does not advance.

In the employment-based categories, the EB-1 category remains current for all countries.  There will be minimal movement in the other categories with the exception of EB-3 India, which will remain at March 15, 2005.

The “Dates for Filing” for all family- and employment-based categories and all countries will remain the same as the December 2016 visa bulletin.

Looking ahead, in a December meeting with the American Immigration Lawyers Association, Charles Oppenheim, Chief of the Visa Control and reporting Division at the Department of State, indicated that a final action cutoff date will need to be imposed in the EB-1 category for India and China later this year.  Mr. Oppenheim also expects a final action cutoff date in EB-2 Worldwide due to heavy demand, as well as stagnation in the EB-2 category for China.
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You can view the visa bulletin in its entirety below. Please contact us with any questions.