Visa and labor restrictions

USCIS – July 3, 2020

  • New York Times reported on July 3, 2020 that nearly 70 percent of U.S. Citizenship and Immigration Service employees will be furloughed, crippling an already overburdened agency.
  • The agency has announced that it will have to furlough these workers due to the administration’s mismanagement of funds unless it gets a bailout.

News on this issue here:

White House – Proclaimed April 22, 2020; updated June 22, 2020

  • The original proclamation suspended entry of immigrants (non-permanent residents or non-citizens) with certain restrictions for a period of 60 days. The purpose of this order was to stabilize the U.S. economy and reduce competition in the open job market.
  • On June 22 the a new proclamation made updates to the 60 day suspension. In this update, Trump extends the suspension of non-resident, foreign individuals seeking the following immigrant visas:
    • H-1B (Specialized workers visas)or H2B visa (Non-agricultural workers visas)
    • J-1 visas (Exchange Visitors Visas)
    • L-1 visas (Intracompany transferee executive or manager visa)
  • This proclamation is to be monitored in the first 30 days and then every 60 days thereafter for modification. It will terminate on December 31, 2020 but may be extended if necessary, upon revision.
  • For more information click here.

News articles on this proclamation:

THIRD COUNTRY RULE – TRANSIT BAN

U.S. Court of Appeals for the Ninth Circuit – June 30, 2020

  • A Federal judge ruled against the third country asylum rule explaining that the U.S. Government “unlawfully promulgated” the rule – meaning that it failed to justify the rule, give sufficient public notice, or allow for public comment last July when it was introduced.
  • Additionally, the court determined that the introduction of the rule was based on insufficient evidence about the migrants coming to the border to seek asylum.
  • Rule was vacated by legal ruling in CAIR Coalition v. Trump.

News articles on this:

USCIS – July 16, 2019

  • Departments of Justice and Homeland Security are revising 8 C.F.R. § 208.13(c) and 8 C.F.R. § 1208.13(c) to add a new bar to eligibility for asylum for an alien who enters or attempts to enter the United States across the southern border, but who did not apply for protection from persecution or torture where it was available in at least one third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which he or she transited en route to the United States. Click here to read more.

ASYLUM COOPERATIVE AGREEMENTS (ACAS)

ACLU – January 15, 2020

  • ACLU filed a federal lawsuit challenging the Trump administration’s policies regarding so-called “safe third country” (Asylum Cooperative Agreements (ACAs)) agreements with Guatemala and other nations that force people fleeing for their lives to seek asylum in the same dangerous region they fled. Click here to read more.

News articles on this:

DOJ ; DHS – November 19, 2019

  • The Interim Final Rule was adopted and the Trump Administration signed agreements with countries of Guatemala, El Salvador, and Honduras to allow the government to send asylum seekers to these countries instead of processing their papers.
  • Guatemala was named a safe third country.