Mike E. Stroster Kevin D. Battle - Miller Johnson … · Decreased access to skilled professionals ... $539 to $21,563 for knowingly employing an individual without work authorization

© 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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


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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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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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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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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Michael E. Stroster616.831.1780

[email protected]

Kevin D. Battle616.831.1718

[email protected]

100 W Michigan AveSuite 200Kalamazoo, MI 49007

45 Ottawa Ave SWSuite 1100Grand Rapids, MI 49503

millerjohnson.com

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Mike E. Stroster Kevin D. Battle - Miller Johnson … · Decreased access to skilled professionals ... $539 to $21,563 for knowingly employing an individual without work authorization