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© 2017 Miller Johnson. All rights reserved. 1
Mike E. Stroster
Kevin D. Battle
The materials and information have beenprepared for informational purposes only.This is not legal advice, nor intended to create orconstitute a lawyer-client relationship.Before acting on the basis of any information ormaterial, readers who have specific questions orproblems should consult their lawyer.
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© 2017 Miller Johnson. All rights reserved. 2
Immigration ReformWhat it means for employers
Increased Enforcement ICE/FDNS audits
H-1B scrutiny
DACADREAM ACT
SUCCEED ACT
Travel Ban
Future Predictions
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A nation without borders is not anation. There must be a wallacross the southern border.
A nation without laws is not anation. Laws passed in accordancewith our Constitution must be enforced.
A nation that does not serve its own citizensis not a nation. Any immigration plan mustimprove jobs, wages, and security for allAmericans.
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© 2017 Miller Johnson. All rights reserved. 3
Increased emphasis on “buying American andhiring American” Executive Order – “It shall be the policy of the
executive branch to buy American and hireAmerican”
Decreased access to skilled professionalsH-1B quota/cap for fiscal year 2018 hit the first
week of April 2017
No new H-1B visas available for cap subjectemployers until October 2018
Random lottery selection
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Increased scrutiny of non-immigrant andimmigrant petitions
Slower processing timelines
Increase in auditing
Premium processing suspension
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© 2017 Miller Johnson. All rights reserved. 4
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Increased emphasis on securing our bordersand enforcing current immigration laws
John Kelly issued two memos providingfurther direction on President Trump’sexecutive ordersAdditional 5,000 border patrol agents
10,000 new ICE officials
Estimated that ICE Homeland Security auditswill triple
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© 2017 Miller Johnson. All rights reserved. 5
United States Citizenship and ImmigrationServices Fraud Detection and National Security Directorate
United States Customs and Border Protection
United States Immigration and CustomsEnforcement
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ICE and FDNS target ALL employers, not justemployers of a certain size, industry, orgeographic location
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© 2017 Miller Johnson. All rights reserved. 6
USCIS announcement of new targetedapproach to combat H-1B fraud and abuse Increased visits by FDNS agents
Random and unannounced worksite visits
Interviews of supervisor, review of public access file,interviews of H-1B applicant
Created a “tip line” for individuals to reportviolations by employers
Emphasis on H-1B dependent employers, employerswith H-1B employees who work off-site or have on-site contractors
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ICE has announced a general increase in itsenforcement actions and more frequent ICEaudits Increase in audits of Form I-9
August 1, 2016 – Penalties increased to up to$2,156 for I-9 paperwork violations and between$539 to $21,563 for knowingly employing anindividual without work authorization
New Form I-9
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© 2017 Miller Johnson. All rights reserved. 7
September 28, 2017 – ICE arrested 498individuals from 42 different countries in afour day operation
August 3, 2017 – ICE arrested 33 individualsafter a four day operation in West Michigan
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fox17online.com/2017/08/04/ice-arrests-33-people-during-operation-in-west-michigan/
Increased scrutiny of applications for skilledforeign workers Between January 1, 2017 and August 31, 2017,
USCIS has issued 85,000 requests for evidence toH-1B petitions.
45% increase
In 2016, USCIS approved 87% of H-1B petitions.Through June 30, 2017, 58% of H-1B petitions areapproved.
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© 2017 Miller Johnson. All rights reserved. 8
Targeting entry-level jobs offered to skilledforeign workers Job salary should be higher because job is too
complex or job does not count as “specialtyoccupation”
Aimed at “ensuring visas are awarded to the most-skilled or highest paid”
Request increased legal fees and processingtime
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Starting October 8, 2017, the Department ofHomeland Security will start collecting socialmedia information from all immigrantsentering the U.S.Green card holders and naturalized citizens will
also have their social media information collected
Information will be collected as part of anindividual's immigration file
Unclear at this point whether monitoring will takeplace only during the application process orcontinue afterward
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© 2017 Miller Johnson. All rights reserved. 9
Effective October 1, 2017, attorneys will nolonger be allowed to represent clients inperson at the borderCBP Officers may accept telephone calls from
attorneys but may not be willing to discussindividual cases
No specific guidance available yet
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© 2017 Miller Johnson. All rights reserved. 10
DACA applications could be filed forindividuals presently in the U.S. without avalid immigration status to gain “deferredaction” (assurance from deportation orremoval efforts would not occur) providedcertain criteria were met.
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DACA applications criteria:Under age 31 as of June 15, 2012
Arrived in the U.S. before age 16
Continuously in the U.S. since June 15, 2007
At the time of the deferred action, the applicantwas in school, graduated from high school,obtained a GED, or honorably discharged from theU.S. military
No felony or significant misdemeanor, nor three ormore minor misdemeanors
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© 2017 Miller Johnson. All rights reserved. 11
Foreign nationals granted DACA wereprovided deferred action for up to two years
Foreign nationals requesting employmentauthorization and approval for deferredaction, upon showing economic need, wereissued an Employment AuthorizationDocument
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On September 5, 2017, at the direction ofPresident Trump, DHS Acting Secretary ElaineDuke issued a policy memo officiallyrescinding DACA
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© 2017 Miller Johnson. All rights reserved. 12
USCIS will adjudicate DACA applications forwork authorization that were accepted by theUSCIS as of September 5, 2017 Renewal applications accepted by USCIS through
October 5, 2017, for applicants whose benefitsexpire between September 5, 2017 and March 5,2018
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Employees who currently have DACA arepermitted to continue working until their EADexpires, is terminated, or revoked
Any foreign national who does not possess avalid work authorizing visa, who does notcurrently have DACA, or who did not file aDACA application before September 5, 2017or October 5, 2017, is not permitted to workin the U.S.
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© 2017 Miller Johnson. All rights reserved. 13
Bipartisan bill introduced by Senators LindseyGraham (R-SC), Dick Durbin (D-IL), Jeff Flake (R-AZ), and Chuck Schumer (D-NY) Stay the removal proceedings and grant
conditional permanent residence to a personinadmissible or deportable who:Has been continuously physically present in the U.S.
for four years preceding the date of the enactmentWas 17 years old or younger on the initial date of
entry into the U.S. Is not inadmissible due to criminal, security and
terrorism, smuggling, or student visa abuse
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Has been admitted to an institution of higher education, hasgraduated from high school or obtained a GED or a highschool equivalency diploma, or is enrolled in secondary schoolor in an education program assisting students in obtaining ahigh school diploma or in passing a GED or equivalent exam
Permit conditional permanent residents to obtainlawful permanent resident (LPR) status if they go tocollege, have worked for a certain amount of time, orserved in the U.S. military
Provide a pathway to U.S. citizenship
Stay (stop) the removal proceedings of anyone whomeets the Dream Act requirements and young peopleover five years of age who are enrolled in school
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© 2017 Miller Johnson. All rights reserved. 14
Five-year conditional permanent resident status Establish that they came to the U.S. before the age of 16
and have continuously lived in the U.S. since at leastJune 15, 2012 Demonstrate that on June 15, 2012, they were younger
than 31 years old and had no lawful status in the U.S. Pass several government background checks;
demonstrate “good moral character” with no felonies,significant misdemeanors or multiple convictions If younger than 18, enrolled in school If 18 and older, earned high school diploma or an
equivalent; have been admitted to an institution ofhigher education; or have served, be serving, or haveenlisted in the U.S. military Sign a conditional departure (18 years or older)
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Conditional permanent resident status can beextended for a second period of five years bymeeting one of the following requirements in theinitial five-year period: Have graduated from an institution of higher education
or completed at least eight semesters;
Have served in the military or a reserve component ofthe military for at least three years;
Have been employed for a total period of at least 48months; or
Have attended institution of higher education, served inmilitary or a reserve component of the military, or beenemployed for a cumulative period of at least 48 months
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© 2017 Miller Johnson. All rights reserved. 15
A recipient who has been a conditionalpermanent resident for 10 years could applyto become a lawful permanent resident if theycontinue to meet the bill’s requirements
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© 2017 Miller Johnson. All rights reserved. 16
Outside the U.S. on the applicable effectivedate 12:01 a.m. on October 18, 2017
Do not have a valid visa on the applicableeffective date
Do not qualify for a visa or other valid traveldocument (based on a revoked visa orcancelled visa due to the first executiveorder)
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Chad
Libya
Iran
North Korea
Somalia
Syria
Venezuela
Yemen
© 2017 Miller Johnson. All rights reserved. 17
Chad, Libya, and Yemen: All immigrants andthose entering as tourists or business travelers
Iran: All immigrants and nonimmigrants,EXCEPT F, J, and M visa holders (extra scrutiny)
North Korea and Syria: All immigrants andnonimmigrants
Somalia: Immigrants (and nonimmigrantssubject to additional scrutiny)
Venezuela: Certain government officials andtheir family members
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Lawful permanent residents
Dual nationals
Those granted asylum, admitted as a refugee,or granted withholding of removal
Those traveling on diplomatic or similar visa
Those in the U.S. on the effective date
Those who had a valid visa on the effectivedate
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© 2017 Miller Johnson. All rights reserved. 18
Denying entry would cause the foreignnational undue hardship;
Entry would not pose a threat to nationalsecurity or public safety; and
Would be in the national interest of the U.S. *10 examples
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© 2017 Miller Johnson. All rights reserved. 19
New administration seeks to eliminate H-1Brandom lottery systemMost skilled and highest paid workers receiving visas
Last year, applicants had a 36% chance of being selectedin the random lottery
Potential minimum salary requirement for H-1Bvisas
Preference for students educated in the U.S.
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No current executive action regarding TNvisas
Renegotiating the North American Free TradeAgreement (NAFTA)Added emphasis on securing our borders
Increased scrutiny at border
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© 2017 Miller Johnson. All rights reserved. 20
Reforming American Immigration for a StrongEconomy ActCut legal immigration to the U.S. by 50 percent
over a 10 year period
Merit-based immigration system
Give visa preference only to immediate family
Eliminate diversity lottery
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Nearly 790,000 young unauthorizedimmigrants have received relief throughDACA Pressure from companies employing DREAMERS
White House current stance is any bill forDREAMERS must contain funding of Wall
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© 2017 Miller Johnson. All rights reserved. 21
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Michael E. Stroster616.831.1780
strosterm@millerjohnson.com
Kevin D. Battle616.831.1718
battlek@millerjohnson.com
100 W Michigan AveSuite 200Kalamazoo, MI 49007
45 Ottawa Ave SWSuite 1100Grand Rapids, MI 49503
millerjohnson.com
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