Update from Pearl law Group: As of Jan 30th.. Not a anta thread.

[Spartan]

There have been a series of developments since late Friday when President Trump signed an Executive Order entitled, "Protecting the Nation from Foreign Terrorist Entry into the United States."  It entails a series of extreme provisions, including:

• A 90-day entry ban for certain nationals;

• Suspension of the Visa Interview Waiver Program (VIWP) at U.S. Consulates and Embassies throughout the world;

• Implementation of additional security screening for all U.S. immigration benefits and applications; and

• A 120-day ban of the U.S. Refugee Admissions Program.

Below is a summary of provisions that may impact employers and individuals.  This Alert may also be read in its entirety on our website at https://www.immigrationlaw.com/jan-30-2017/. 

 

90-Day U.S. Entry Ban for Nationals of Certain Countries

 

Note: the information below is based on what we know as of January 30, 2017.  New developments continue to rapidly change the implementation of President Trump's Executive Order, "Protecting the Nation From Foreign Terrorist Entry Into the United States," which includes a ban on entry to the U.S. for citizens of certain Muslim-majority countries.  For individual advice or to know how this Executive Order may impact you, we advise that you consult with a Pearl attorney.

 

On Friday, January 27, President Trump signed an executive order that immediately suspends the entry of nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for a period of at least 90 days. The following morning, a U.S. Department of Homeland Security (DHS) spokesperson confirmed that this 90-Day Ban applies to even U.S. Lawful Permanent Residents who are nationals of those countries; but as of Sunday, DHS retracted and declared that U.S. Lawful Permanent Residents are "deemed a national interest" and therefore will be admitted into the U.S. absent any "derogatory information indicating that [the individual is] a serious threat" to the U.S.

 

This 90-day Entry Ban, that only came into effect on Friday early evening, has already received much opposition from various organizations, congress members, and foreign governments.  All of this, in turn, has resulted in the U.S. Federal District Court blocking the Customs and Border Protection (CBP) from enforcing the executive order at U.S. borders and airports at least until February 21, the date of the next hearing; and the White House has been forced to modify their position on the ban-exempting U.S. Lawful Permanent Residents from an "automatic" 90-day ban but remaining subject to additional screening.

 

Who is Subject to the 90-Day Ban? 

The ban applies to any national of the above-mentioned 7 countries, including those who:

• Hold dual citizenship;

• Hold a valid nonimmigrant visa (e.g., H-1B, L-1, E-3, O-1, TN, F-1); or

• Have a U.S. green card application pending with the government.

Could the ban expand to nationals of other countries?

Yes.  The signed Executive Order leaves room for additional countries to be added, in the name of "national interest," pending the findings of the DHS, DOS (Department of State), and ODNI (Office of the Director of National Intelligence).  Within the first 30 days of the order, the DHS, DOS, and ODNI are to determine "the information needed from any country" to adjudicate any U.S. visa, entry, or immigration benefit.  Countries are then given 60 days to comply with providing the necessary information.  If a country does not comply, nationals of that country may be banned from the U.S. indefinitely or until the country cooperates.

 

Could the ban last longer than 90 days?

Yes.  Within the first 30 days of the order, the DHS, DOS, and ODNI are to determine "the information needed from any country" to adjudicate any U.S. visa, entry, or immigration benefit.  Countries are then given 60 days to comply with providing the necessary information.  If a country does not comply, nationals of that country may be banned from the U.S. indefinitely or until the country cooperates.

 

Are there any exemptions to the Ban?

Yes, but no specific guidance has been issued on how one may apply or what specific requirements must be met for the exemption.  The Order only provides that the Secretaries of State and Homeland Security "may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits" to nationals of the 7 identified countries. 

Note: On January 29,DHS utilized this exemption for U.S. Lawful Permanent Residents declaring that U.S. Lawful Permanent Residents are "deemed a national interest" and therefore will be admitted into the U.S. absent any "derogatory information indicating that [the individual is] a serious threat" to the U.S.

 What does this mean?

Although the U.S. Federal District Court has ordered a stay that temporarily blocks the CBP from enforcing the order, it is unclear whether and to what extent the CBP will comply with this order.  CBP has been inconsistently adhering to the court order.

 Therefore, nationals (including dual nationals) of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen are advised of the following:

• Those in the U.S. as nonimmigrants (e.g., H-1B, L-1, E-3, O-1, TN, F-1) or with pending green card applications are advised to refrain from any travel outside the U.S. 

• Those who are U.S. Lawful Permanent Residents should be able to re-enter the U.S. but are advised to anticipate additional screening and delays at the U.S. Port of Entry.  

• Those who are applying for U.S. visas at U.S. Consulates/Embassies abroad are subject to the 90-day Ban.  U.S. Consulates/Embassies are already suspending the issuance of nonimmigrant and immigrant visas and therefore these individuals should anticipate long visa delays.

• Those who are outside the U.S. but hold valid U.S. visas or travel permits, please contact Pearl Law Group for further guidance.

• Those who are already in transit to the U.S.:
  • Insist on access to counsel (there are attorneys stationed at most major international airports) and to see an immigration judge.

  • Do not sign anything without a lawyer present. Under no circumstances should permanent residents sign a Form I-407 Record of Abandonment of Lawful Permanent Resident Status.

Increased Scrutiny based on Travel to Ban Country

Individuals, including U.S. Citizens and those who are not nationals of the seven listed ban countries but have traveled to one of these countries, should anticipate additional questioning and delays when entering the U.S.

 Further, all foreign nationals not subject to the ban should understand the increased risk in delays when applying for visas at the U.S. Consulate and when re-entering the U.S.

 

Suspension of the Visa Interview Waiver Program (VIWP) at U.S. Consulates and Embassies throughout the World

 

The order suspends the Visa Interview Waiver Program (VIWP), also known as the "Dropbox."   The VIWP had waived the interview requirement for "low-risk" travelers, largely employment-sponsored applicants renewing their E, H, L, O, P, or R nonimmigrant travel visas and who had already undergone government-vetting.  Now, these U.S. visa renewal applicants, regardless of country of nationality or citizenship, must attend an in-person interview.

 What does this mean?

All travelers seeking to renew their visas and those seeking to apply for initial visas at U.S. Consulates/Embassies should anticipate longer wait times forboth visa appointments and visa issuances.

 Does the Executive Order change the Visa Waiver Program or ESTA?

No. The "visa interview waiver program" is different from the Visa Waiver Program (VWP) which allows citizens of 38 named countries to travel to the United States. The VWP is still in effect. Citizens of most Western European countries, and others (e.g., Australia, New Zealand, Japan, Singapore) may still seek admission to the United States on the basis of their passports and an ESTA clearance.

 

Implementation of Additional Security Screening for All U.S. Immigration Benefits and Applications

 

The order directs the DHS, DOS, DNI, and FBI to implement additional security screening measures aimed to identify individuals "seeking to enter the U.S. on a fraudulent basis with the intent to cause harm."  Following 9/11, U.S. agencies had already implemented a robust system for vetting all visa applicants. 

 What does this mean?

By requiring additional screening measures of all individuals seeking any U.S. immigration benefit, in addition to Trump's recent federal government hiring freeze, individuals and employers should anticipate delays at all levels of temporary and permanent U.S. work permit applications.

 

Suspension of the US Refugee Admissions Program (USRAP)

 

Who is affected by the suspension of the USRAP?

All refugees being processed abroad and seeking admission to the United States are impacted. For most refugees, the suspension is at least 120 days. For Syrian refugees, the ban on admission is indeterminate. The EO states refugee processing and admission of Syrian refugees shall cease until such time as the President has determined that sufficient changes have been made to the program to ensure its alignment with the national interest. There is no further clarification of what may be deemed "sufficient" or "national interest." This provision effectively eliminates the processing of refugees applications by and admission of Syrian refugees. 

 

How long is the suspension of USRAP?

The USRAP is suspended for 120 days. During this time, the DOS and DHS are required to review the application and adjudication process to determine what additional procedures to take to ensure that refugees "do not pose a threat to the security and welfare of the United States" and to implement those procedures. After the 120 days, DOS can only resume refugee admissions for nationals of countries that are found to have sufficient safeguards to ensure security and welfare of the United States.

 

Are certain refugees or countries a priority?

The EO states that once the USRAP starts allowing refugees to enter, DOS is to prioritize refugees with religious-based claims, if the refugee's religion is a minority religion in the individual's country of nationality. The EO does not address the issue of sub-sects or minority groups within a country's predominant religion.

 

 How many refugees will be let in to the United States?

The EO states that DOS and DHS may only admit 50,000 refugees for fiscal year 2017 (after the suspension is lifted). This represents a more than 50% reduction in the number of refugee admissions. If the suspension continues for more than 120 days, it is questionable whether the US will admit any refugees during the 2017 fiscal year.

 

Are there any exceptions to this ban on refugee admissions?

Yes. As of Saturday January 28, 2017, the U.S. District Court for the Eastern District of New York issued an emergency stay of the EO. Thus, the US government is restrained from barring the admission of refugees seeking admission as part of the USRAP, holders of valid immigrant and nonimmigrant visas and other individuals from the 7 designated countries. This stay applies nationwide. Several other federal courts have issued similar stays.

 The EO as written permits DOS and DHS to admit individuals as refugees on a case-by-case basis when in the national interest. 

 Even during the 120-day suspension period, the DOS and DHS may continue to process and admit refugees with religious-based claims, if the religion is a minority religion in the country of nationality.

 

Final Comment

 

How and to what extent this Executive Order will be implemented and enforced remains fluid.  We are monitoring the scope of this Executive Order closely and will provide you with any updates as they develop.  Pearl is actively working with employers to determine if and how their employees are impacted.  Please contact your Pearl legal team should you have any questions.

 

[Spartan]

a vachina info lo nothing related to H1 lottery cap exemption etc...

may be repati report lo emaina vastademo..

 

so legal ga info vachenta varaku dont squeeze ur balls man..

[laskutapa]

[Spartan]

Just now, laskutapa said:

whos that in ur DP gal...

[mettastar]

1 minute ago, Spartan said:

whos that in ur DP gal...

lucky rai

[lovable]

1 minute ago, Spartan said:

whos that in ur DP gal...

kareena anukunta

[Spartan]

1 minute ago, mettastar said:

lucky rai

lucky rai has flabby tummy no..

 

Just now, lovable said:

kareena anukunta

yeah looks like.

[The Warrior]

How abt h4EADs 

[Spartan]

1 minute ago, The Warrior said:

How abt h4EADs 

H1 gurinche em ledante..H4 edkenchi vastad..

[crazymatta]

enni sarlu uncle ave post lu chadivi chadivi midnite masala badhulu ee bills vasthayemo naa matta 

[Spartan]

2 minutes ago, crazymatta said:

enni sarlu uncle ave post lu chadivi chadivi midnite masala badhulu ee bills vasthayemo naa matta 

• 

[Luke]

8 minutes ago, Spartan said:

• 

 

[TampaChinnodu]

Quote

 

Suspension of the Visa Interview Waiver Program (VIWP) at U.S. Consulates and Embassies throughout the World

 

 

 

The order suspends the Visa Interview Waiver Program (VIWP), also known as the "Dropbox."   The VIWP had waived the interview requirement for "low-risk" travelers, largely employment-sponsored applicants renewing their E, H, L, O, P, or R nonimmigrant travel visas and who had already undergone government-vetting.  Now, these U.S. visa renewal applicants, regardless of country of nationality or citizenship, must attend an in-person interview.

 

 What does this mean?

 

All travelers seeking to renew their visas and those seeking to apply for initial visas at U.S. Consulates/Embassies should anticipate longer wait times forboth visa appointments and visa issuances.

 

 Does the Executive Order change the Visa Waiver Program or ESTA?

 

No. The "visa interview waiver program" is different from the Visa Waiver Program (VWP) which allows citizens of 38 named countries to travel to the United States. The VWP is still in effect. Citizens of most Western European countries, and others (e.g., Australia, New Zealand, Japan, Singapore) may still seek admission to the United States on the basis of their passports and an ESTA clearance.

 

Drop Box vunda leda assalu going forward

[Prince_Fan]

1 minute ago, TampaChinnodu said:

Drop Box vunda leda assalu going forward

India ki vuntundi aa option

[TampaChinnodu]

1 minute ago, Prince_Fan said:

India ki vuntundi aa option

Why India Special ?