A federal court of appeals once famously observed: “the proliferation of immigration laws and regulations has aptly been called a labyrinth that only a lawyer could navigate.” With the new administration’s heavy-handed approach to immigration policies, this labyrinth has become ever more complex, as well as rapidly changing. More than ever, your immigration solutions need a competent navigator. MacDonald Hoague & Bayless is here to help. We are leaders in immigration law, and for more than 60 years have provided the highest quality legal service to people and businesses throughout the Pacific Northwest and across the United States.
The following information is intended to provide general information about immigration law and enforcement policy. It is not intended to provide legal advice or guidance. Advice can only be provided by a qualified attorney, and then only after he or she has carefully reviewed the facts of your situation.
Both employers and individuals need to be prepared for a harsh new immigration era. In addition to the probable changes in regulations and policies that could add significant new burdens to employers who petition for immigrant workers, the new administration appears poised to increase various kinds of audits and site visits to further scrutinize employers and their foreign national employees.
Small to mid-size companies or start-ups may face higher rates of I-9 audits. For a company that does not have a mature HR department, it can be a daunting task to properly complete and retain the two-page I-9 forms for new employees. Many mid to small-size employers are taken by surprise at the excessive fine amount Immigration and Customs Enforcement (ICE) asks for in random I-9 audits. Similarly, for employers who hire employees on L or H visas, the United States Citizenship and Immigration Services (USCIS) has increased site visits to scrutinize various compliance issues. Attorneys at MacDonald Hoague & Bayless are experienced in both the defense of audits and proactive self-audits.
By way of further example, on February 20, the new Secretary of Homeland Security issued a memorandum implementing President Trump’s Executive Order, entitled “Enhancing Public Safety in the Interior of the United States.” From this memorandum, it becomes clear that what sets this administration apart from the previous one is the breadth of its immigration enforcement. The new administration will treat any foreign national who has committed any chargeable offense, or has simply been arrested, as an enforcement target. This policy shift, mixed with the Department of Justice’s apparent or potential change in enforcement attitude toward marijuana even in states where it has been legalized or decriminalized, may well lead to many more heavy-handed enforcement actions covering a much wider range of foreign nationals than in the past. Attorneys at MacDonald Hoague & Bayless are experienced in handling such cases and have helped employers secure admission and/or retention of their valued employees who face similar issues.
In addition, on March 03, 2017, the new administration announced that it will indefinitely suspend premium processing for H-1B work visa petitions starting April 03, 2017. The H-1B work visa program brings skilled workers to the United States, commonly in the technology sector. Premium processing, at the cost of $1,225, allows employers to get their petitions adjudicated within 15 days of filing, often out of legitimate business necessity to ensure employees’ smooth transition and international travel eligibility. Other changes to the H-1B program have also been announced or indicated by the new administration. This includes a recent announcement that entry-level computer programming jobs will no longer automatically qualify as a “specialty occupation” (a requirement for receipt of an H-1B work visa). And additional executive orders and policy changes are anticipated with regard to how H-1Bs and other work visas will be issued. With premium processing for H-1B work visa petitions suspended indefinitely, and actual and expected additional changes to the procedures for H-1B and other work visas, both employers and foreign national employees must have comprehensive planning and strategies to weather the delay and uncertainty ahead in this area. Attorneys at MacDonald Hoague & Bayless have decades of experience assisting employers in securing and keeping their foreign talents. See also No Luck in the H-1B Lottery? You May Have Other Options!
These are just a few examples of the increasingly complex immigration labyrinth now facing employers and individuals. The immigration team at MacDonald Hoague & Bayless has extensive experience in representing both companies and individuals on a variety of immigration issues.
Our corporate clients, from Fortune 500 companies to start-ups, span across industries, including IT, gaming, telecommunications, product design, manufacturing, aerospace, sports, and the arts. We also assist individuals with employment and family-based green card and visa issues, and help clients resolve immigration issues stemming from criminal history.
In addition, on January 28, 2017, one day after the president signed the executive order banning admissions for citizens of seven predominately Muslim countries, the immigration and civil rights attorneys from MacDonald Hoague & Bayless, in collaboration with the ACLU and the Northwest Immigrant Rights Project, took immediate legal action that prevented the removal from Sea-Tac Airport of two visitors facing imminent threat under the new administration’s travel ban. Within hours, a federal judge signed a temporary restraining order that halted their removal. Both travelers were admitted to the United States later that day. One was able to attend his planned engineering conference; the other was reunited with his family. A number of federal judges have since blocked the travel ban’s implementation, as well as the amended or revised version of the travel ban subsequently issued by the president.