Deferred action for DACA recipients will start to expire in March 2018 and there is still no certainty about what will happen to them.  Amidst legal challenges to the rescission of DACA, the introduction of a number of statutory fixes, and a supposed “deal” between President Trump and Democratic leaders to protect the “Dreamers,” there is now a new twist.  View Full Post
USCIS is adopting a new approach for international travel and Form I-131 Advance Parole (AP) applications. Until recently, USCIS has approved AP applications even where the beneficiary travelled internationally during the pendency of the application. This was the case even though the I-131 application states, “If you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned.” Now, USCIS has started basing its denial of AP applications on applicants’ travel during the pendency of those applications, thus considering them abandoned. View Full Post
The Trump Administration is considering the elimination of the J-1 Summer Work-Travel Program for students who come to tourist areas in the U.S. as temporary summer help and as participants in cultural exchanges. Like the numerical limitations placed on H-2B temporary seasonal visas, the elimination of this J-1 Summer Work-Travel Program would particularly affect the hospitality industry in areas that rely on these students to cook, wait tables, and run amusement park rides in tourist areas during the summer months. View Full Post
Chicago, a sanctuary city, is challenging the Trump Administration’s ability to deny it needed law enforcement funds. The battle between the Administration and sanctuary localities began in April, when a federal judge blocked a part of President Donald Trump’s Enhancing Public Safety in the Interior of the United States Executive Order that directed government agencies to generally deny federal funding to sanctuary jurisdictions.  View Full Post
A common issue for employers of non-resident aliens authorized to work in the U.S. is whether (and when) such individuals are exempt from FICA taxation.   Under the Internal Revenue Code, a nonresident alien (“NRA”) in the United States under a teacher, researcher, trainee, or student visa is exempt, within certain limitations, from FICA taxation. View Full Post