AmCham China 2017 White Paper: Visa Policy

AmCham China just published its 2017 White Paper on American Business in China. “With uncertainty stemming from political and economic transitions in both the US and China, perceptions of a deteriorating investment environment for foreign companies in China, and a slowing economy, 2017 will likely be one of the most challenging years in decades for U.S. companies in China,” it says. The Visa policy chapter focuses on: Continue reading “AmCham China 2017 White Paper: Visa Policy”

H-1B Visas: USCIS and Dep’t of Labor Tighten Rules and Investigate Fraud

While the H-1B petitions submitted for the lottery this cap season were still in transit to the USCIS, both the USCIS and the DOL announced several measures aimed at detecting H-1B visa fraud and abuses. The rules focus on computer programmers, site visits, and protecting American workers. Continue reading “H-1B Visas: USCIS and Dep’t of Labor Tighten Rules and Investigate Fraud”

CBP Handout on Inspection of Electronic Devices

U.S. Customs and Border Protection has a handout on Inspection of Electronic Devices, available here.  There is a section on “Why You May Be Chosen for an Inspection,” but it omits any mention of CBP’s legal position: that a person may be chosen for any reason or no reason at all: no reasonable suspicion is required. The notice also explains the procedures for return of seized devices.

 

 

Tell CBP: Don’t Spy on Chinese Travelers’ Social Media

U.S. Customs and Border Protection (CBP) has published a Feb. 21, 2017, notice of its intent to collect Chinese travelers’ social media account information. There is a 60-day window for public comment. Tell CBP this is a bad idea.

2017-04-12 Update: The American Chamber of Commerce-China has submitted a comment to CBP explaining why they oppose the rule. See here.

Continue reading “Tell CBP: Don’t Spy on Chinese Travelers’ Social Media”

Client Alert: State Dep’t Begins Stricter Vetting of Visa Applicants

U.S. Secretary of State Rex Tillerson sent four cables to consular officers between Mar. 10 and 17 with preliminary instructions for stricter vetting of U.S. visa applicants. The cables emphasize that “all visa decisions are national security decisions” and that additional screening may “may cause interview appointment backlogs to rise.” Continue reading “Client Alert: State Dep’t Begins Stricter Vetting of Visa Applicants”

President Trump Signs Revised Executive Order on “Protecting the Nation from Foreign Terrorist Entry”

President Trump has signed a revised Executive Order on “Protecting the Nation from Foreign Terrorist Entry into the United States.” It goes into effect March 16. The ban fails to address the original version’s flaws and its thinly veiled scapegoating of Muslims and refugees. Continue reading “President Trump Signs Revised Executive Order on “Protecting the Nation from Foreign Terrorist Entry””

Trump’s Executive Order on “Protecting the Nation from Terrorist Attacks by Foreign Nationals”: Latest News and Summary

The Latest

Enforcement and interpretation of President Trump’s Executive Order (EO) on “Protecting the Nation from Terrorist Attacks by Foreign Nationals” are evolving rapidly, so check back here for updates.

2017-02-16: The Trump administration plans to unveil a revised EO on immigration next week and rescind the president’s initial travel ban, which has been entrenched in legal battles throughout the country, as reported in The Hill. President Trump said during a news conference on Thursday that he would unveil a more tailored travel ban “next week sometime.” The U.S. Department of Justice similarly informed the U.S. Court of Appeals for the Ninth Circuit, in the Washington v. Trump litigation: “Rather than continuing this litigation, the President intends in the near future to rescind the Order and replace it with a new, substantially revised Executive Order to eliminate what the panel erroneously thought were constitutional concerns.”

2017-02-09:  The U.S. Court of Appeals for the Ninth Circuit has denied the government’s motion for stay of the district court’s temporary restraining order (TRO). Translation: The TRO suspending implementation of the EO remains in place. The government may appeal to the U.S. Supreme Court. Continue reading “Trump’s Executive Order on “Protecting the Nation from Terrorist Attacks by Foreign Nationals”: Latest News and Summary”

Be Prepared for Likely H-1B Visa Changes

This year’s H-1B season has many of us nervously watching President Trump’s moves. Just last week the President signed executive orders to build his promised wall at the border with Mexico and to find and deport unauthorized immigrants. A third executive order last Friday barring refugees and travelers from seven countries deemed predominantly Muslim has heightened the anxiety among foreign nationals and prompted protests. His pen has not yet reached the H-1B program, but that could happen in his first 100 days. Continue reading “Be Prepared for Likely H-1B Visa Changes”

Green Card Holders Staying Abroad Over 6 Months Risk Abandonment

What do you need to do to preserve your status as a lawful permanent resident (LPR)? If you are abroad for 6 months or more per year, you risk “abandoning” your green card. This is especially true after multiple prolonged absences or after a prior warning by a U.S. Customs and Border Protection (CBP) officer at the airport. Continue reading “Green Card Holders Staying Abroad Over 6 Months Risk Abandonment”

See if You Are Eligible for Expeditious Naturalization

Most applicants for naturalization must first reside in the U.S. as a lawful permanent resident for a continuous period of 5 years. However, that requirement can be waived if you are eligible for expeditious naturalization based on your U.S. citizen spouse’s employment abroad for one of the following types of employers: Continue reading “See if You Are Eligible for Expeditious Naturalization”

Trump’s Irresponsible Proposal: Deporting U.S. Citizens

President-Elect Trump last night tweeted a proposal that persons who burn the U.S. flag should “perhaps” lose their American citizenship. Regardless of one’s views on flag burning as protected free speech, the specter of the government depriving Americans of their citizenship is terrifying and unconstitutional. Continue reading “Trump’s Irresponsible Proposal: Deporting U.S. Citizens”