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Yesterday the Supreme Court decided to allow the administration to implement parts of President Trump’s second executive order, which bans the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen from the United States for at least 90 days and suspends the admission of all refugees for 120 days. Below is a summary of who may/may not have trouble entering from The American Immigration Council:

Who is likely to be allowed to enter the United States?
-Individuals who have valid immigrant or non-immigrant visas issued on or before June 26, 2017.
-Individuals with visas coming to live or visit with family members.
-Students who have been admitted to a U.S. university, workers who have accepted offers of employment with U.S. companies, and lecturers invited to address an American audience: The Court provided these three examples of individuals who have credible claims of a bona fide relationship to an American entity.
-Other types of business travelers: It is unclear whether individuals with employment-based visas that do not require a petitioning employer will be able to demonstrate the requisite relationship with a U.S. entity.
-Refugees: Most refugees processed overseas have family or other connections to the United States including with refugee resettlement agencies. The Court ruled that such individuals may not be excluded even if the 50,000 cap on refugees has been reached or exceeded.

Who may have trouble entering the United States?
-Individuals who form bona fide relationships with individuals or entities in the United States after June 26, 2017: The Court’s decision is not clear on whether it is prospective or retrospective only. Individuals who form such relationships to avoid the travel ban are barred from entering.
-Tourists: Nationals of the designated countries who are not planning to visit family members in the United States and who are coming for other reasons (including sight-seeing) may be barred from entering.
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Yesterday the Supreme Court decided to allow the administration to implement parts of President Trump’s second executive order, which bans the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen from the United States for at least 90 days and suspends the admission of all refugees for 120 days. Below is a summary of who may/may not have trouble entering from The American Immigration Council:
Who is likely to be allowed to enter the United States?
-Individuals who have valid immigrant or non-immigrant visas issued on or before June 26, 2017.
-Individuals with visas coming to live or visit with family members.
-Students who have been admitted to a U.S. university, workers who have accepted offers of employment with U.S. companies, and lecturers invited to address an American audience: The Court provided these three examples of individuals who have credible claims of a bona fide relationship to an American entity.
-Other types of business travelers: It is unclear whether individuals with employment-based visas that do not require a petitioning employer will be able to demonstrate the requisite relationship with a U.S. entity.
-Refugees: Most refugees processed overseas have family or other connections to the United States including with refugee resettlement agencies. The Court ruled that such individuals may not be excluded even if the 50,000 cap on refugees has been reached or exceeded.
Who may have trouble entering the United States?
-Individuals who form bona fide relationships with individuals or entities in the United States after June 26, 2017: The Court’s decision is not clear on whether it is prospective or retrospective only. Individuals who form such relationships to avoid the travel ban are barred from entering.
-Tourists: Nationals of the designated countries who are not planning to visit family members in the United States and who are coming for other reasons (including sight-seeing) may be barred from entering.
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USCIS Completes Data Entry of Fiscal Year 2018 H-1B Cap Subject
Petitions

USCIS announced on May 3, 2017, that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions. USCIS will issue an announcement once all the unselected petitions have been returned.
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Erin just finished her family immigration law presentation on behalf of the Georgia State Bar Association! The presentation included information regarding immediate relative petitions, adjustment of status and sponsorship for step-children.
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Updates on Executive Order Banning Travel to the United States from 7 Named Countries

On February 9, 2017, the Ninth Circuit Court of Appeals denied the federal government’s motion for an emergency stay, finding that it failed to show a likelihood of success on the merits of its appeal, and that it also failed to show that the lack of a stay would cause irreparable injury.
Currently all individuals, regardless of nationality may apply for a visa and admission to the United States. Further, U.S. Citizenship and Immigration Services will continue to process all applications without delay caused by the travel ban.
While the federal government could seek Supreme Court intervention, President Trump has indicated that he will not seek such intervention. Although, the stay is currently in effect, If you are a citizen of one of the 7 named countries (Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen) we advise you to speak with an attorney before traveling outside of the United States. We understand that the current stay issued by the court may change. We will continue to provide updates via our social media accounts.
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Best wishes for you and your family this holiday season from Elliott Immigration!
Something to be aware of in the coming months: Effective December 23, 2016, various USCIS filing fees will increase (please see the link below for details). Please note that all "applications or petitions mailed, postmarked, or otherwise filed on or after December 23, 2016 must include the new fee." Please let us know if you have any questions about how this change may affect you.
https://www.uscis.gov/forms/our-fees
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Post Election Impact on Immigration

To our clients, friends and family who are potentially negatively impacted by the results of yesterday’s election: we support you, we stand with you and we are more determined than ever to take action.

We have already spoken with many of you in the immigrant, LBGT and Muslim communities, in particular, and understand that you are fearful and concerned about upcoming changes. We too share this sentiment, but please know that our feelings have quickly developed into a stronger determination to continue advocating for you and these communities.

Although there is still much unknown, we would like to provide some thoughts on what to expect.

Expectations:
• Immigration enacted by regulation, such as STEM OPT, H-1B, Provisional Waivers of Inadmissibility, etc., cannot be undone without extensive comment and review periods.
• Trump will have the ability to change DACA and certain prosecutorial discretion guidance without any such comment period or review; thus, these types of guidance are most at risk.
• We anticipate that there may be a change in enforcement and family detention.
• We do not anticipate any near changes to the legalization of same-sex marriage as this decision was rendered by the U.S. Supreme Court in Obergefell v. Hodges and should not be overturned per the legal principal of a court adhering to its own precedent.

What you can do:
• If you believe that you are eligible for an immigration benefit, seek guidance and possibly action in pursuing this benefit.
• Stay informed.

What we will do:
• Continue to stay involved and informed with organizations that advocate change and support these communities.
• Provide guidance to you via social media as soon we receive any updates.
• If you would like to discuss concerns about how the results of the election may affect you, we will offer free 30-minute consultations on Fridays for the months of November and December to discuss possible benefits for which you may be eligible.

We are dedicated to supporting our immigrant community and value your contributions in the United States.
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Proposed Opportunities for Entrepreneurs

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States.

Under this proposed rule, DHS may parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises:

-Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations;
-Whose startup was formed in the United States within the past three years; and
-Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by:
-Receiving significant investment of capital (at least $345,000) from certain qualified U.S. investors with established records of successful investments;
-Receiving significant awards or grants (at least $100,000) from certain federal, state or local government entities; or
-Partially satisfying one or both of the above criteria in addition to other reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation.

Under the proposed rule, entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entity in the United States. A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to provide a significant public benefit as evidenced by substantial increases in capital investment, revenue or job creation.
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Temporary Protected Status Benefits Under Designations of Guinea, Liberia and Sierra Leone Extended Six Months for Orderly Transition Before Termination in May 2017

WASHINGTON—Secretary of Homeland Security Jeh Johnson is extending TPS benefits for beneficiaries of TPS under the designations of Guinea, Liberia, and Sierra Leone for 6 months for the purpose of orderly transition before the designations terminate, effective May 21, 2017. After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Jeh Johnson has determined that conditions in Guinea, Liberia, and Sierra Leone no longer support their designations for Temporary Protected Status (TPS). The widespread transmission of Ebola virus in the three countries that led to the designations has ended.

To provide for an orderly transition, current TPS beneficiaries will automatically retain their TPS and have the validity of their current Employment Authorization Documents extended through May 20, 2017. Beneficiaries do not need to pay a fee or file any application, including for work authorization, in order to retain their TPS benefits through May 20, 2017.

Although TPS benefits will no longer be in effect starting May 21, 2017, TPS beneficiaries will continue to hold any other immigration status that they have maintained or acquired while registered for TPS. The Department of Homeland Security urges individuals who do not have another immigration status to use the time before the terminations become effective in May to prepare for and arrange their departure from the United States or to apply for other immigration benefits for which they may be eligible.
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