News & Analysis as of

Foreign Nationals

Executive Order Leaves Current H-1B System in Place, But Calls for Reforms

On April 18, 2017, President Donald Trump signed an executive order (EO), “Buy American and Hire American,” which aims to “stimulate economic growth” and “ensure the integrity of the immigration system.” Although this action...more

President Trump Issues Executive Order on Employment-Based Visa Reform and Compliance Enforcement

by Miller Canfield on

On April 17, 2017, President Donald Trump signed an executive order: “Buy American and Hire American.” The hiring aspect of the order focuses on reviewing the current employment-based visa programs and considering ways to...more

Virginia Federal Judge Upholds Trump Immigration Executive Order Signaling Possible Split in Circuit

by Genova Burns LLC on

On March 24 President Trump’s revised immigration ban which took effect March 16, 2017 (March Order) was found to be enforceable for the first time. U.S. District Judge Anthony J. Trenga in Alexandria, Va., denied an...more

Update to March 6, 2017 Travel Ban Executive Order

by Clark Hill PLC on

This update concerns litigation relating to the March 6, 2017 Executive Order ("Order") titled Protecting the Nation From Foreign Terrorist Entry into the United States, which is summarized in prior Clark Hill Immigration...more

Trump Administration Takes Aim at H-1Bs

by Davis Brown Law Firm on

Besides the wall, another immigration-related theme made a frequent appearance in the presidential campaign: the H-1B visa. This program allows foreign nationals with a bachelor’s degree or higher (or the equivalent in...more

State Department Orders U.S. Embassies to Apply Extra Scrutiny Before Issuing Visas to Certain “Population Sets”

In a diplomatic cable dated March 17, 2017, the U.S. Department of State issued orders to American consulates and embassies abroad instructing them to increase their vigilance in reviewing visa applications and to develop a...more

USCIS Announces Measures to Detect H-1B Visa Fraud and Abuse

by Cozen O'Connor on

On April 3, 2017, The U.S. Citizenship and Immigration Services (USCIS) announced multiple measures in an effort to deter and detect H-1B visa fraud and abuse. Starting this month, USCIS will focus on the following when...more

Extreme Vetting for Visa Applicants – Just not for the Countries in the Travel Ban

by Fisher Phillips on

Subsequent to President Trump’s March 6, 2017 Executive Order Suspending travel to the US of certain nationals and Presidential Memorandum directing the Secretary of State, the Attorney General, and the Secretary of Homeland...more

Travel Ban Update: Hawaii Court Converts TRO to Full Blown Preliminary Injunction

On March 29, 2017, U.S. District Court Judge Derrick Watson granted a request by the State of Hawaii for a preliminary injunction blocking implementation of key portions of President Donald Trump’s immigration travel ban...more

Mind the Gap: Automatic Work Authorization Extensions Help Foreign National Employees Stay Productive Following EAD Expiration

In the last months of President Barack Obama’s administration many regulatory changes were made that were meant to improve the functioning of the business immigration system, including changes to the process for Employment...more

Is there a Doctor in the House? How the Travel Ban Could Impact the Healthcare Industry

On March 15, 2017, a federal judge in Hawaii issued a ruling that enjoined the Trump administration’s revised executive order intended to suspend admission of foreign nationals from six designated countries. On March 16, a...more

Increased Scrutiny of Visa Applications and Possible Delays

by Mintz Levin on

On March 17, 2017, the Department of State (“DOS”), through the Secretary of State, issued a cable to all US consulates and embassies with guidance on enhanced screening and vetting of applications for US visas and other...more

New Travel Ban/Executive Order Stayed by Courts

by Tonkon Torp LLP on

On March 15, 2017, the U.S. District Court for the District of Hawaii blocked the Trump Administration's new travel ban, Executive Order No. 13,780 (EO). The Court issued a nationwide temporary restraining order that blocks...more

President Trump Signs Second “Travel Ban” Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily; DOJ Expected...

by Fisher Phillips on

On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the...more

The Employment Law Authority - March/April 2017

EXECUTIVE ORDERS MARK A RISING, ROILING TIDE OF IMMIGRATION ENFORCEMENT ACTIONS - In his first week in office, President Donald Trump launched a series of executive orders (EO) directing large-scale changes on...more

Considerations for Foreign Travelers to the U.S. Under the New Administration

by Carlton Fields on

Travel to the United States, with its new immigration enforcement-minded administration, will require foreign travelers to be even more aware of the rules governing border protection, and take advantage of the travel programs...more

DOJ Appeals Injunction of President's New Executive Order Banning Nationals from Certain Countries

by Littler on

The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more

Travel Ban During H-1B Season

by Fox Rothschild LLP on

Words matter. The words of President Trump as President of the United States and as candidate Trump have been heard by the Courts, not of public opinion, but of the US District Court of Hawaii. In the Court Order enjoining...more

Breaking Immigration Developments: President Trump’s Second Travel Ban Halted

by Snell & Wilmer on

In an unprecedented development last week, a Federal District Judge in Hawaii issued a nationwide restraining order halting President Trump’s second travel ban. The successful challenge, brought by the State of Hawaii, once...more

Administration’s Revised ‘Travel Ban’ Temporarily Blocked in Federal Court

by Morgan Lewis on

Two sections of the March 6 executive order regarding US travel by nationals of certain countries and refugee admissions were enjoined pending further litigation....more

Update: President Trump's Revised Executive Order on Travel is Temporarily Blocked

by Clark Hill PLC on

Late on March 15, 2017, the United States District Court for the District of Hawaii issued a nationwide temporary restraining order ("TRO") in Hawaii v. Trump ("Hawaii"), prohibiting the government from implementing Sections...more

Maryland Judge Blocks Part of Trump’s Revised Executive Order

by Cozen O'Connor on

A federal Judge in Maryland issued a ruling to block provisions of President Trump’s March 6th Executive Order. The Executive Order (EO) was a revision from a previously blocked EO, which bans foreign nationals from six...more

Federal Courts Temporarily Block the Trump Administration's Revised Travel Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Federal judges from Hawaii and Maryland have issued nationwide Temporary Restraining Orders (TROs) effectively blocking the implementation of the Trump administration’s revised travel ban, which was...more

UPDATE: Federal Judge in Hawaii Temporarily Freezes New Executive Order on Immigration

by Miller Canfield on

On March 15, 2017, a federal judge in Hawaii froze President Trump’s March 6, 2017 executive order. The ruling suspends the executive order just one day before it was set to go into effect on March 16, 2017. ...more

BREAKING: Hawaii District Court Applies the Brakes to Second Version of President Trump’s Immigration Travel Ban

On Wednesday, March 15, 2017, the U.S. District Court for the District of Hawaii issued a temporary restraining order (TRO) blocking implementation of key portions of the second version of the executive order (EO) issued by...more

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