Siskind Susser is excited to announce that Lynn Susser was recently elected to ABIL, the Alliance of Business Immigration Lawyers. ABIL is comprised of over 20 lawyers from top tier immigration practices with years of expertise and a comprehensive understanding of immigration law. For more information on ABIL, including a map of ABIL attorneys worldwide, visit their website.
The following articles are excerpts from ABIL’s monthly Immigration Insider, available here on their website.
H-2B Cap Reached for Second Half of FY 2020
U.S. Citizenship and Immigration Services (USCIS) announced on February 26, 2020, that it has received enough petitions to meet the congressionally mandated H-2B cap on foreign workers in temporary nonagricultural jobs for the second half of fiscal year 2020.
February 18, 2020, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before October 1, 2020. USCIS said it will reject new cap-subject H-2B petitions received after February 18 that request an employment start date before October 1.
USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:
- Current H-2B workers in the United States who wish to extend their stay and, if applicable, change the terms of their employment or change employers;
- Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
- Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009, until December 31, 2029.
Details: USCIS announcement, https://www.uscis.gov/news/alerts/h-2b-cap-reached-second-half-fy2020
Federal Appeals Court Reverses Itself on Same Day on ‘Remain in Mexico’ Policy
The U.S. Court of Appeals for the Ninth Circuit briefly ruled on February 28, 2020, against the Trump administration’s policy of sending those seeking asylum in the United States who entered via Mexico, many of them Central Americans, back to Mexico to wait for their hearings. Later the same day, the court stayed its earlier order and temporarily allowed the policy to proceed, subject to a brief timeline while further arguments are heard, after the administration cited a potential “rush on the southern border” by those affected, who may attempt to enter the United States.
The policy is sometimes referred to as the “remain in Mexico” program (officially the Migrant Protection Protocols), in which approximately 59,000 people are enrolled. The stay is pending a government request to the Supreme Court and another ruling in the same circuit. The court said both sides had a week to submit briefs.
Details: News articles, https://www.nytimes.com/2020/02/28/us/migrants-court-remain-in-mexico-mpp-injunction.html, https://www.cnn.com/2020/02/28/politics/asylum-seekers-mexico-appeals-court/index.html, https://www.cnn.com/2019/12/20/politics/remain-in-mexico-court-attendance/index.html, https://www.buzzfeednews.com/article/hamedaleaziz/trump-remain-in-mexico-federal-court-blocked, https://www.nbcnews.com/news/us-news/court-reverses-own-decision-trump-s-policy-require-migrants-wait-n1145771
President Adds Iran to Entry Suspensions Related to Coronavirus
President Trump issued a proclamation, effective as of 5 p.m. March 2, 2020, suspending the entry of immigrants or nonimmigrants who were present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States. This is in addition to China restrictions ordered under a proclamation issued on January 31, 2020.
The suspensions do not apply to U.S. lawful permanent residents (LPRs), spouses of U.S. citizens or LPRs, parents or legal guardians of U.S. citizens or LPRs (provided the U.S. citizen or LPR is unmarried and under 21 years of age), or siblings of U.S. citizens or LPRs (provided both are unmarried and under 21 years of age), along with several other categories.
During recent remarks, President Trump was asked whether he had plans to expand the suspensions to other countries, such as Italy, that have reported coronavirus cases. He responded, “Well, we’re looking at that right now and we’re looking at a couple of countries – a few countries that have a little bit disproportionately high number. And we’re going to make that decision very soon.” In response to a question, Mr. Trump also said he was “very strongly” considering new travel restrictions along the southern border to contain the coronavirus. He later appeared to change his position, saying “this is not a border that seems to be much of a problem right now.”
Details: Presidential Proclamation, https://bit.ly/2vqD6eQ; President’s remarks, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-marine-one-departure-84/
This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers (www.abil.com), of which Lynn Susser is an active member.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.