The U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2017 that the agency reached the congressionally mandated number of 65,000 visa H-1B  Cap petitions for FY2018. USCIS reported on April 17, 2017 that they received 199,000 H-1B petitions during the filing period, which ran from April 3 to April 7, 2017. USCIS used a computer-generated random selection process – “lottery”– to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption – “Master’s Cap.” The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 cap. The number of petitions received this year represents a decrease from the 236,000 petitions USCIS received during last year’s filing period.

The news about the number of H-1B cap cases came a day before President Trump signed an Executive Order (EO), entitled “Buy American and Hire American.” This EO calls for a review of the H-1B visa program, with the goal of reforming the program. The EO does not take direct action, but instead calls for a series of reviews and assessments by federal departments.

Two weeks after the close of the FY 2018 H-1B Cap on April 7, 2017, members of the American Immigration Lawyers Association (AILA) are reporting they are receiving receipts for Cap cases. This is very good news, after this cap season ended without the option of premium processing. The U.S. Citizenship and Immigration Services (USCIS) announced that effective April 3, 2017, they would suspend Premium Processing for all H-1B petitions. The suspension is temporary, but means that employers cannot pay an additional fee ($1,225) to have an H-1B petition adjudicated within 15 calendar days for cases received by USCIS. This announcement included all Cap-subject cases that went into the “lottery,” so no Cap cases could be expedited as they could not be filed before April 3, 2017. Therefore, many believe it may longer to learn whether a company’s petition was selected through the “lottery” to receive receipt notices from USCIS for cases accepted for processing toward the Cap. According to the USCIS on-line status system, the agency’s current processing times for H-1B petitions under normal (not premium) processing is between five to nine months.

On April 11, 2017, the U.S. Citizenship and Immigration Services (USCIS) posted FAQs for B-1/B-2 visitors who want to enroll in school. The USCIS emphasized that it is not permissible to enroll in school if individuals are in B-1 or B-2 status. The USCIS further stated that individuals in B-1 or B-2 status who have violated their nonimmigrant status by enrolling in a course of study are not eligible to extend their B status or change to F-1 or M-1 status. Before enrolling in a course of study, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. To change nonimmigrant status, individuals must file a Form I-539, Application to Extend/Change Nonimmigrant Status and include the required fee and documents listed in the instructions. The USCIS also stated that individuals whose F-1 or M-1 program start date is deferred to the following academic term or semester – because USCIS did not make a decision on their Form I-539 change of status application before the originally intended F-1 program start date – must file a second Form I-539 in order to bridge the gap in time between when their current status expires and the 30-day period before the new F-1 program start date.

On April 11, 2017, Attorney General (AG) Jeff Sessions issued a memorandum to federal prosecutors announcing a renewed commitment to criminal immigration enforcement. The memo outlines immigration offenses that should be given priority, including the transportation or harboring of undocumented immigrants, illegal re-entry, and aggravated identity theft. The memo also directs each District, even U.S. Attorney offices not near a border, to designate a Border Security Coordinator by April 18, 2017. The memo demonstrates the commitment by the Trump Administration to devote more time and resources to prosecuting immigration offenses. AG Sessions announced the memo to U.S. Customs and Border Protection personnel at the U.S.-Mexico border in Nogales, Arizona. Sessions also announced he will add 50 more immigration judges to the bench this year and 75 next year. The hiring of judges will be streamlined, in an effort to reduce the backlogs currently seen in immigration courts.

The U.S. Citizenship and Immigration Services (USCIS) reported on April 7, 2017, that the agency reached the congressionally mandated 65,000 visa H-1B Cap petitions for FY 2018. USCIS also received enough petitions to reach the 20,000 visa advanced degree exemption, known as the “Master’s Cap.” The USCIS had previously confirmed it would conduct a lottery if enough petitions were received to reach the statutory caps during the first week of April. This is the same process as with prior years. Also as in prior years, a random computer selection will be run for those petitions received under both caps. First, USCIS will run the Master’s Cap lottery, and any petitions not selected in the lottery for the Master’s Cap will then be included in the random computer generated selection process for the 65,000 regular cap. Thus, Master’s Cap candidates get two shots at the visa lottery.

On April 3, 2017, The U.S. Citizenship and Immigration Services (USCIS) announced multiple measures in an effort to deter and detect H-1B visa fraud and abuse. Starting this month, USCIS will focus on the following when making site visits to H-1B petitioners:

1. Cases where USCIS cannot validate the employer’s basic business information through commercially available data;
2. H-1B dependent employers (those who have a high ration of H-1B workers as compared to U.S. workers, as defined by statute); and
3. Employers petitioning for H-1B workers who work off-site at another company or organizations’ location.

USCIS stated they want to focus resources where fraud and abuse of the H-1B program may be more likely to occur. The H-1B visa program recruits highly-skilled foreign nationals when there is a shortage of qualified workers in the country. USCIS believes too many American workers who deserve to work in these fields have been ignored or unfairly disadvantaged. The Agency has stated that the site visits are not meant to target nonimmigrant employees for any kind of criminal or administrative action, but rather to identify employers who are abusing the system. Since 2009, USCIS has conducted random site visits and referred many cases of suspected fraud or abuse to U.S. Immigration and Customs Enforcement (ICE) for further investigation.

A federal Judge in Maryland issued a ruling to block provisions of President Trump’s March 6^th Executive Order. The Executive Order (EO) was a revision from a previously blocked EO, which bans foreign nationals from six countries identified as being state sponsors of terrorism. The EO was scheduled to take effect on March 16^th, but first a Judge from the Federal District Court in Honolulu, Hawaii granted a temporary restraining order that enjoined the Trump Administration from implementing the EO. Then, U.S. District Judge Theodore D. Chuang in Maryland issued an injunction that enjoined the Trump Administration from barring entry into the U.S. by immigrants from six majority-Muslim countries. Like the Judge in Hawaii,  Chuang cited Trump’s negative statements about Muslim immigrants during the campaign. The scope of each Judge’s ruling is different. In the challenge brought by Hawaii, Judge Derrick Watson blocked the federal government from enforcing its travel ban from the six majority-Muslim countries and its suspension of the U.S.’s refugee program. While Judge Chuang only blocked the travel ban.

On March 3, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily suspend premium processing for all H-1B Petitions. The suspension begins on April 3, 2017, which means USCIS will continue to premium process all petitions filed properly before that date. After this date, petitioners will not be able to file the Form I-907, Request for Premium Processing Service for a From I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification. Also, if a petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, both forms will be rejected. USCIS has said this is a temporary suspension and may last up to 6 months. This premium processing suspension does not apply to other eligible nonimmigrant classifications filed on Form I-129. Petitioners will still be able to request to expedite an H-1B petition if they meet the USCIS criteria on the “Expedite Criteria” webpage. Since all new H-1B cap cases will be filed no sooner than April 3, this year no new H-1B cap cases will be able to use the premium processing option.

President Trump issued a revised Executive Order (EO) that bans migrants from predominantly Muslim countries. This replaces a previous EO, which was blocked by a federal judge in Washington state in early February and a three-judge panel of the 9^th Circuit Court of Appeals upheld the lower court’s order. The revised order targets travelers from Iran, Libya, Syria, Somalia, Sudan and Yemen, but leaves out Iraq, which was included in the original EO. The order blocks the issuance of only new visas for these countries. The new ban will go into effect on March 16, 2017, and includes shutting down the U.S. refugee program for 120 days in order to develop “extreme vetting” procedures to prevent terrorists from entering the country. There is also a 50,000-person cap on refugees admitted into the country this year. In the original EO, Syrians were banned indefinitely, which is not the case with this current EO. The new EO also excludes a preference for “religious minorities” such as Christian claiming prosecuting in mostly Muslim nations, which was included in the original EO. The U.S. Department of Homeland Security provided a fact sheet and Q&As on the revised EO.

On February 20, 2017, Secretary John Kelly of the U.S. Department of Homeland Security (DHS), issued two immigration memos entitled, “Implementing the President’s Border Security and Immigration Enforcement Improvements Policies” and “Enforcement of the Immigration Laws to Serve the National Interest.” Under the new guidelines, Federal authorities will have increased power to detain and deport illegal immigrants living in the United States.

The memo regarding border security outlines an implementation plan for President Trump’s January 25, 2017 Executive Order, “Border Security and Immigration Enforcement Improvements.” The aim of the memo is to “stem illegal immigration and facilitate the detection, apprehension, detention, and removal of aliens who have no lawful basis to enter or remain in the United States.” This new policy lays out a pathway for the massive expansion of detention by requiring DHS to detain any immigrants it apprehends, including those people with no criminal convictions. The guidance also calls for the immediate hiring of 5,000 additional border patrol agents and other personnel to “ensure operational control of the border.” In addition, the memo directs immediate construction of the Southern border wall; and directs DHS personnel to develop guidance and training for all employees on how to deal with unaccompanied alien minors.

The memo regarding enforcement outlines an implementation plan for President Trump’s January 25, 2017 Executive Order, “Enhancing Public Safety in the Interior of the United States.” The memo states that effective immediately, DHS shall execute U.S. immigration laws against “all removable aliens” and will no longer “exempt class or categories of removable aliens from potential enforcement.” The guidance directs DHS personnel to make full use of all statutory authority to “remove aliens expeditiously,” which means they will likely bypass court proceedings. The memo also rescinds previous guidance on prosecutorial discretion and directs DHS personnel to arrest, apprehend, and initiate enforcement actions against any alien the “immigration officer has probable  cause to believe” has violated immigration laws. In addition, the memo calls for the hiring of 10,000 additional ICE agents and officers.

These memos do not overturn President Obama’s previous executive action on deferred action for childhood arrivals.