San Francisco Immigration Law Blog

THE WHITE HOUSE WASHINGTON February 1, 2017 MEMORANDUM TO THE ACTING SECRETARY OF STATE, THE ACTING ATTORNEY GENERAL, AND THE SECRETARY OF HOMELAND SECURITY FROM: Donald F. McGahn II – Counsel to the President SUBJECT: Authoritative Guidance on Executive Order Entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (Jan. 27, 2017) Section 3(c) of the Executive

The U.S. Customs and Border Protection provides information about the January 27, 2017 executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States,” on its website with an FAQ that offers some information about the Executive Order. Two of the FAQs are copied here as is a CBP summary of early actions taken. How will the EO

Most of the technical professional graduates of U.S. colleges and universities are foreign students. U.S. employers seeking to employ this talent find the TN and H1B employment authorization are the most favorable employment options available to them. While President Trump has criticized the H1B program he has not said he will push regulations to eliminate the H1B program. The Trump

President Trump suspends entry into the US of person from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen. President Trump suspended entry into the United States, of persons of designated countries as immigrants and non-immigrants, for 30 days from the date of this order. The President reference Division O, Title II, Section 203 of the 2016 Consolidated Appropriations Act, which

As of January 22, 2017, employers are required use the Form I-9 version dated 11/14/16. The Employment Eligibility Verification Form I-9 is used to verify the identity and work eligibility of every new employee hired after 11/6/86, or for the reverification of expiring employment authorization (if applicable). All U.S. employers must ensure proper completion of Form I-9 for each individual

Parole for Start-Up Entrepreneurs Final Rule Effective July 16, 2017 Start-Up Entrepreneurs may request Parole by submitting Form I-941, Application for Entrepreneur Parole, with substantial evidence their start-up entity can demonstrate potential for rapid business growth and job creation to deliver a significant public benefit to the United States. The rule also makes revisions to Form I-9, Form I-765, and

The Administration Appeals Office (AAO) of the USCIS made it easier for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business to qualify for green cards by self-petitioning for National Interest Waiver (NIWs) of the employer sponsored labor certification requirement. Matter of New York State Dept. of Transportation Reversed The AAO vacated NIW test

Technical Update – Clarifying Intent to Reside in United States for Naturalization Purposes January 05, 2017 USCIS publishes a technical update to clarify that naturalization applicants are not required to intend to reside permanently in the United States after becoming U.S. citizens. This update is in accordance with current statutes; prior to 1994, a person who became a naturalized U.S.

Effective January 17, 2017, USCIS may request, or an employment-based applicant for adjustment of status who is filing or has previously filed Form I-485 as the principal beneficiary of a valid Form I-140 may seek, in connection with a Form I-485, to: Confirm that the job offered to the applicant in the Form I-140 is the basis of the Form

We encourage all Canadian visitors to routinely check the CBP I-94 website after being admitted to the U.S. to avoid an unintentional overstay. Canadians, when entering the U.S. by air, like all travelers, are issued electronic I-94 cards. To determine the duration of their authorized admission travelers should check the CBP I-94 website for their authorized period of stay in