Executive and Court Orders on Travel and Immigration: Information and Resources - Updated 3/6/2018
As the primary center for immigration advising and expertise for the UIC international community, the Office of International Services continuously monitors changes to the U.S. immigration system with the goal of keeping our community as informed and supported as possible. While currently it feels as though the immigration landscape surrounding us may be shifting, sometimes on a daily basis, OIS' guiding mission of creating a culturally diverse learning and working environment at UIC that is both welcoming and supportive has not changed. It is our hope that the following information and resources regarding the Executive Orders on travel and immigration can provide our community with guidance during this confusing and potentially stressful time. As always, please do not hesitate to reach out to our office by phone (312-996-3121), email (ois@uic.edu), or during Open Advising.
Updates
3/06/2018 UPDATE - DHS Delays H-4 Employment Authorization Rescission
As previously announced by OIS in December 2017, the Department of
Homeland Security is in the preliminary stages of rescinding a
2015 final rule that permits certain H-4 dependent spouses of H-1B
principal immigrants (who are seeking employment-based permanent
residency) to apply for and receive employment authorization from U.S. Citizenship and Immigration Services. As DHS is required by law to utilize notice-and-comment
rulemaking and consider public comments before finalizing any rule, it
was previously expected that a final rule rescinding H-4 employment
eligibility would not go into effect until spring or summer 2018.
However, OIS learned last week that DHS recently filed a legal brief
that due to significant revisions of the draft rescission rule requiring
a new economic analysis, a notice of proposed rulemaking impacting H-4
employment authorization would not be published until June 2018. As a
result, it is now anticipated that any final rule impacting H-4
employment eligibility will not go into effect until late 2018 or early
2019. Moreover, if a final rule is issued removing H-4 employment
eligibility, it is expected that existing H-4 Employment Authorization
Documents (cards) will be allowed to expire after the final rule is
implemented. At that point, individuals in H-4 status will not be
permitted to apply for new or extended employment authorization from USCIS.
1/16/2018 UPDATE - Extension for Certain H-1Bs Under AC21 Will Remain in Effect
OIS has learned that USCIS will not undertake any agency
action that would eliminate extensions for those H-1B holders who are eligible
to apply for three-year extensions of H-1B status beyond six years.
Pursuant to § 104(c)(2)
the American Competitiveness in the Twenty-first Century Act of 2000
(AC21), employers of H-1B beneficiaries of an approved EB-1, 2, or 3 petition
(I-140) may request extensions of H-1B status in three-year increments beyond
the initial six-year limit of H-1B eligibility, provided that the beneficiary
is subject to the per-country worldwide immigrant visa cutoff. A USCIS
spokesman recently said that § 104(c)(2) of AC21 will remain in effect and that
there was never any consideration to change this policy.
1/08/2018 UPDATE - Temporary Protected Status Ending for El Salvador Citizens in the U.S.
On January 8, 2018, the Department of Homeland Security
(DHS) announced that the Temporary Protected Status designation for El Salvador
will terminate, with a delayed effective date of eighteen months to September
9, 2019.
Designation of Temporary Protected Status (TPS) to a country
is based on temporary conditions that prevent its citizens from returning safely
to that country, such as an ongoing armed conflict, environmental disaster, or
other extreme condition. Citizens of such countries present in the U.S. at the
time of designation may apply for TPS and if approved, can remain present and
apply for employment authorization in the U.S. For more information about TPS,
please refer to the USCIS
website.
12/21/2017 UPDATE - Potential Removal of H-4 Dependent Spouses from Employment Authorization
On April 18,
2017, the White House issued Executive
Order 13788, “Buy American and Hire American” which called upon the
Department of Homeland Security to propose new rules that would replace
existing rules relating to the H-1B visa program and to generally create higher
employment rates for U.S. workers. OIS has learned that DHS is proposing to
remove employment authorization for H-4 dependent spouses that are currently
eligible under a final rule issued in 2015.
Please note
that DHS is required by law to utilize notice-and-comment rulemaking and
consider public comments before finalizing any rule, therefore, it is expected
that any final rule impacting H-4 employment eligibility would not go into
effect until spring or summer 2018. Additionally, if a final rule is issued
removing H-4 employment eligibility, it is expected that existing H-4
Employment Authorization Documents will be allowed to expire after the final
rule is implemented, however, no H-4s will be permitted to apply for new or
extended employment authorization from USCIS.
12/05/2017 UPDATE - U.S. Supreme Court Allows Full Enforcement of Travel Ban 3.0
On December
4, 2017, the U.S. Supreme Court ordered that Proclamation
9645 (pursuant to Sec. 2(e) of Executive
Order 13780), placing restricted entry to the U.S. for citizens of eight
countries, may be fully enforced while challenges to Executive Order 13780
proceed in lower courts. The eight affected countries are the following: Chad,
Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. The
restrictions described in Proclamation 9645 are country-specific and tailored
to the situation of each individual country. Additionally, exemptions,
exceptions, and waivers may apply to certain countries.
OIS
encourages anyone with connections to the affected countries to read
through the Proclamation and to connect with OIS Advisors
with questions or concerns. This is especially true for any citizen of an
affected country considering travel outside the U.S. or a visa renewal.
10/17/2017 UPDATE - Hawaii and Maryland Courts Mostly Block New Travel Ban
On October 17, 2017, Judge
Derrick K. Watson of the Federal District Court in Honolulu, Hawaii ordered a nationwide freeze on the latest iteration of President Trump's travel ban, which was
set to take effect the following day, on October 18, 2017. Shortly
thereafter, District Judge Theodore D. Chuang issued a similar ruling in Maryland.
Unlike the previous travel ban,
the restrictions that were set to take effect were not "one size fits
all" - differing restrictions applied to a set of eight different
countries. However, Judge Watson said the latest version of the travel ban
"suffers from precisely the same maladies as its predecessor":
namely, plain discrimination based on nationality.
For now, the new restrictions
that were set to take effect on October 18 will not take effect. However, the
litigation is almost certain to be appealed, and the Supreme Court is likely to
ultimately weigh in. Foreign nationals from the affected countries may proceed
with travel, but they should be aware that ultimately the ban could go back
into effect and should understand the risks should they choose to do so.
09/01/2017 UPDATE – USCIS to Expand
In-Person Interview Requirements for Employment-Based Permanent Residency
Applicants
On March 6,
2017, Executive
Order 13780 “Protecting the Nation From Foreign Terrorist Entry Into the
United States” was signed by the President, which called on federal agencies to
implement increased screening and vetting procedures, such as in-person
interviews.
As a result,
United States Citizenship & Immigration Services (USCIS) recently announced
that beginning October 1, 2017, it will expand in-person interviews for
employment-based adjustment applicants who have or will file Form I-485,
Application to Register Permanent Residence or Adjust Status (AOS). At UIC, this decision could impact those
employees (faculty and non-faculty) who are beneficiaries of an approved I-140,
Immigrant Petition for Alien Worker under all employment-based categories,
including but not limited to EB-1, EB-2, and EB-3, and who have a pending AOS
(form I-485) on October 1, 2017, or who file a new AOS after that date.
The purpose
of the in-person interview will be to verify the information within an
individual’s pending form I-485, discover any new information that may be
relevant to the adjudication process, and to determine the credibility of the
individual seeking permanent residence in the United States.
The Office
of International Services will continue to monitor any developments
relating to this USCIS announcement and inform the UIC community as needed.
You may
reach us at ois@uic.edu or 312-996-3121.
6/30/2017 UPDATE – U.S. Department of State
and Department of Homeland Security issue guidance on implementation of travel
ban
On June 29,
2017 U.S. Department of State (DOS) issued guidance
on implementation of the travel ban at U.S. Embassies and Consulates abroad in
light of the Supreme Court’s decision to partially allow Executive Order 13780.
The same day, the U.S. Department of Homeland Security (DHS) posted Frequently
Asked Questions outlining how the ban will be interpreted at U.S. borders
and ports of entry.
While
students admitted to a U.S. school, workers who have accepted an offer of
employment from a U.S. employer, and lecturers invited to address a U.S.
audience should not be impacted by the travel ban, members of the UIC
international community may find these resources helpful in understanding the
full scope of the travel ban.
6/27/2017 UPDATE – Supreme Court allows
portions of travel ban to move forward for those lacking a bona fide
relationship with the United States
On June 26,
2017 the U.S. Supreme Court announced
that portions of the travel ban (Executive
Order 13780) could be enacted while the court prepares to hear arguments on
the case in October. The Court’s decision does, however, exempt from the ban
individuals who “have a credible claim of a bona fide relationship with a
person or entity in the United States.” While the government must further
clarify the practical application of what constitutes a “bona fide relationship
with the United States,” the Supreme Court provided as likely examples:
Students who have been admitted to a U.S. school; Workers who have accepted an
offer of employment from a U.S. employer; and Lecturers invited to address an
American audience.
While this
decision appears to protect the travel of international students, scholars, and
employees from the six affected countries (Iran, Libya, Somalia, Sudan, Syria,
and Yemen), the Office of International Services will closely monitor the
application of this decision at U.S. Embassies and Consulates abroad.
Additionally, OIS is in direct communication with the UIC students, scholars, and
employees from the six affected countries and will continue to provide
advisement, support, and advocacy as needed.
Members of
the UIC international community with questions or concerns about this update
are encouraged to connect
with OIS along with reviewing the reminders
and resources listed at the bottom of this page.
4/20/2017 UPDATE - White House Executive
Order (EO) “Buy American and Hire American”
On April 18,
2017, the White House issued the EO “Buy American and Hire American”. The “Hire
American” portion of the EO addresses the current H-1B visa program only, and
calls on the Department of Homeland Security and Department of Labor to propose
new rules and new guidance that would replace existing rules relating to the
H-1B visa program only. (Applies to both university and non-university
employers in the U.S. who employ H-1B beneficiary-employees.) The general
purpose of the “Hire American” portion of the EO is to create higher wages and
employment rates for U.S. workers.
The EO
explicitly states that federal agencies should suggest changes to the existing
H-1B visa program that would give preference to those foreign nationals that
have the most-skill or will be the highest-paid H-1B beneficiary-employees. Although
no specific time-frame was stated in the EO by which the federal agencies would
need to submit the suggested new rules and new guidance of the H-1B visa
program, the EO directs the federal agencies to do so as soon as possible.
You may read
the full EO “Buy American and Hire American” issued April 18, 2017 here.
Our
understanding is that these changes to the H-1B visa program could lead to the
following:
- In addition
to giving preferential treatment to those foreign national H-1B employees that
have higher skills or will be paid the highest, if implemented the EO would
give foreign nationals that have been awarded a Master’s degree from a U.S.
university higher preferential treatment under the annual H-1B lottery.
- Enhance the
enforcement of federal agencies to further prevent employer fraud and abuse of
the H-1B visa program.
- Increase the
prevailing wage component as it relates to some or all fields.
- Increase or
create new H-1B filing fees to be paid by petitioning employers.
Please also
note that the EO does not apply to existing H-1B beneficiary-employees nor
existing H-1B employers, and will not apply to future H-1B
beneficiary-employees and employers until a final rule or regulation is passed.
The Office
of International Services will continue to monitor any developments
relating to the H-1B visa program, and we welcome you to contact our office if
you have any additional questions about these matters. You may reach us at ois@uic.edu or
312-996-3121.
3/16/2017 UPDATE - U.S. District Courts
block March 6, 2017 Executive Order (EO) on travel and immigration
On March 15,
2017, the U.S. District Court in Hawaii issued a nationwide temporary
restraining order, preventing the Government from enforcing EO 13780’s
90-day entry bar and 120-day refugee entry ban, which had been scheduled to go
into effect on March 16, 2017. On March 16, 2017, the U.S. District Court in Maryland
issued a nationwide preliminary
injunction, preventing the Government from enforcing EO 13780’s 90-day
entry bar but not the 120-day refugee admission.
While encouraged
by these temporary halts to the EO’s restriction on travel to the U.S. for
nationals of Syria, Iran, Libya, Somalia, Sudan, and Yemen, the Office of
International Services continues to advise UIC students, scholars, and
employees from these six countries to consult with OIS prior to making
arrangements for international travel. Additionally, any member of the UIC
international community with questions about the EO should feel free to contact
us by phone (312-996-3121), email (ois@uic.edu)
or during Open
Advising.
3/6/2017 UPDATE - Notable points from the March 6, 2017
Executive Order (EO) on travel and immigration
Lines in italics are
OIS annotations
- Entry
into the United States by nationals of Iran, Libya, Somalia, Sudan, Syria,
and Yemen is suspended for 90 days from the 12:01 am (EST), March 16, 2017
effective date.
- The EO
applies to the nationals of the six countries who:
- are
outside the United States on the March 16, 2017 effective date;
- did
not have a valid visa at 5:00 p.m., eastern standard time on
January 27, 2017; and
- do not
have a valid visa as of the March 16, 2017 effective date.
- The
visa is the stamp in the passport issued by a United States consulate
overseas.
- The EO
provides certain exemptions. A few are listed below:
o
any lawful permanent resident of the United States;
- Permanent residents are often referred to as "green card holders."
o
any foreign national who is admitted to or
paroled into the United States on or after the effective date of this order;
- This line refers to someone holding a "combo card" or advanced parole obtained by filing a Form I-485.
o
any dual national of a country designated under
section 2 of this order when the individual is traveling on a passport issued
by a non-designated country;
- For example, a Canadian national who also holds a passport from one of the six countries named in the EO.
o
any foreign national who has been granted
asylum; any refugee who has already been admitted to the United States; or any
individual who has been granted withholding of removal, advance parole, or
protection under the Convention Against Torture…
- Iraq
has been removed from the original list, but is still subjected to
additional, discretionary border inspection.
- United
States Customs and Border Protection (CBP) and consular officials may
grant a waiver of this EO to foreign nationals on a case-by-case basis,
especially if one can prove they have been previously admitted to the
United States for a “continuous period of work, study…” or have another
significant reason to reenter the United States.
- Details regarding the appropriate
circumstances for such waivers are listed in the EO.
- There
are several details listed regarding the status of refugees; the program
will be suspended for 120 days.
- The
“Visa Interview Waiver Program” has been suspended for all non-diplomats,
meaning that all visa applicants must have an in-person interview.
- This
will slow down visa application times at many consulates which previously
allowed interview waivers.
Reminders
- The Office of International Services encourages members of the UIC
international community to:
- Contact OIS regarding any concerns you may have about how the
EO could impact your immigration status at UIC. Advisors can be reached
by email (ois@uic.edu), phone
(312-996-3121) or during Open Advising.
- Maintain valid visa
status and carry printed copies of your immigration documentation. Within the
context of January
25, 2017 Executive Order on Border Security and Immigration
Enforcement Improvements it is also advised to abide by all laws of the
United States.
- Contact OIS prior to international travel to review necessary
documentation and current guidance for successful travel.
External Resources for Further Education
-
Full text of the September 24, 2017
Presidential Proclamation, “Enhancing Vetting Capabilities and Processes
for Detecting Attempted Entry Into the United States by Terrorists of
Other Public-Safety Threats
-
Full text of the June 26, 2017 Supreme Court decision regarding challenges to Executive Order 13780
-
Full text of the Executive Order, "Buy American and Hire American"
- Full
text of the Executive Order, “Protecting the Nation from Foreign
Terrorist Entry into the United States”
- Department of Homeland
Security (DHS) Fact
Sheet and Q&A
on the Executive Order
- Presidential
Memorandum on Implementing Immediate Heightened Screening and Vetting
of Applications for Visas and Other Immigration Benefits
Additional Internal Resources for the UIC Community