Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

The 2019 Novel Coronavirus (COVID-19) has significantly disrupted the livelihoods of Americans. In Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), I declared that the COVID–19 outbreak in the United States constituted a national emergency, beginning March 1, 2020. Since then, the American people have united behind a policy of mitigation strategies, including social distancing, to flatten the curve of infections and reduce the spread of SARS–CoV–2, the virus that causes COVID-19. Read more at: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

The executive order has been released. It would appear on its face that it only applies to immigrant visa applicants who are not the spouses or children (under 21) of US citizens, are outside the U.S., and do not yet have their immigrant visas issued. As such, it will effect those who have filed for their siblings, parents, and employment-based immigrant visas.
For those applicants within the US, who are applying for adjustment of status, from within the U.S., this order does not appear to apply, for any category, including parents, and even work-based applicants.
USCIS offices are closed to the public until at least May 3, 2020. We will only know the implementation of this order once those offices reopen and they start rescheduling interviews.

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

President Trump claims he will temporarily suspend immigration into US

President Donald Trump said he will sign an executive order to "temporarily suspend immigration" into the U.S. amidst the COVID-19 outbreak.

On Monday evening, he said in a tweet, "In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!" 

Well, we do not yet know how this is going to affect our clients and people who have already filed for immigrant visas and status, we will be sure to keep you posted as soon as we do.

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE Dallas arrests Salvadoran gang member wanted for capital murder

DALLAS – Officers with U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested a Salvadoran man Thursday night in Arlington, Texas, who was wanted for capital murder. 

Jonathan Alexander Gonzalez-Rosales, 25, is in the U.S. illegally and an active member of the 18th Street Gang, a transnational criminal organization. The Texas Office of the Attorney General assisted members of the ERO Dallas Fugitive Operations Team with the arrest.

According to court documents, Gonzalez-Rosales was wanted for the murder of Franklin Alexander Mercado, 17. Mercado’s body was discovered Jan. 22, 2020, in the 300 block of N. Prairie Creek Road in Dallas with multiple stab wounds. A Dallas County magistrate judge issued an arrest warrant for Gonzalez-Rosales April 1, 2020, for capital murder. Read more at: https://www.ice.gov/news/releases/ice-dallas-arrests-salvadoran-gang-member-wanted-capital-murder

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply

WASHINGTON— The Department of Homeland Security, with the support of the U.S. Department of Agriculture (USDA), has announced a temporary final rule to change certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency. These temporary flexibilities will not weaken or eliminate protections for U.S. workers.

Under this temporary final rule, an H-2A petitioner with a valid temporary labor certification who is concerned that workers will be unable to enter the country due to travel restrictions can start employing certain foreign workers who are currently in H-2A status in the United States immediately after United States Citizenship and Immigration Services (USCIS) receives the H-2A petition, but no earlier than the start date of employment listed on the petition. To take advantage of this time-limited change in regulatory requirements, the H-2A worker seeking to change employers must already be in the United States and in valid H-2A status. Read more at: https://www.uscis.gov/news/news-releases/dhs-and-usda-move-protect-american-farmers-and-ensure-continued-flow-americas-food-supply

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

COVID-19 Delays in Extension/Change of Status Filings

The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. We continue to carefully analyze these issues and to leverage our resources to effectively address these challenges within our existing authorities. DHS also continues to take action to protect the American people and our communities, and is considering a number of policies and procedures to improve the employment opportunities of U.S. workers during this pandemic.

Generally, nonimmigrants must depart the United States before their authorized period of admission expires. However, we recognize that nonimmigrants may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19. Read more at: https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE Dallas arrests Salvadoran gang member wanted for capital murder

DALLAS – Officers with U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested a Salvadoran man Thursday night in Arlington, Texas, who was wanted for capital murder. 

Jonathan Alexander Gonzalez-Rosales, 25, is in the U.S. illegally and an active member of the 18th Street Gang, a transnational criminal organization. The Texas Office of the Attorney General assisted members of the ERO Dallas Fugitive Operations Team with the arrest.

According to court documents, Gonzalez-Rosales was wanted for the murder of Franklin Alexander Mercado, 17. Mercado’s body was discovered Jan. 22, 2020, in the 300 block of N. Prairie Creek Road in Dallas with multiple stab wounds. A Dallas County magistrate judge issued an arrest warrant for Gonzalez-Rosales April 1, 2020, for capital murder. Read more at: https://www.ice.gov/news/releases/ice-dallas-arrests-salvadoran-gang-member-wanted-capital-murder

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

FY 2021 H-1B Cap Petitions May Be Filed as of April 1

WASHINGTON—U.S. Citizenship and Immigration Services today announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration.

A petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration submitted for the beneficiary through the random selection process.

The H-1B electronic registration process was well-received by users, who provided a high satisfaction score with the system. Nearly 275,000 unique registrations were submitted during the initial registration period. Roughly 46% of all registrations were for prospective beneficiaries with U.S. advanced degrees. There were more than 40,000 registration accounts created, and nearly 81% of submitted registrations were for potential beneficiaries from India (67.7%) and China (13.2%). Prior to the launch of the electronic registration system, USCIS conducted robust public outreach to ensure users were equipped to effectively use the new system. Read more at: https://www.uscis.gov/news/news-releases/fy-2021-h-1b-cap-petitions-may-be-filed-april-1

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.