CBP Issues Statement Regarding Legalization of Marijuana in Canada
The U.S. Customs and Border Protection (CBP) has issued a statement warning that federal law in the U.S. with regard to marijuana is unchanged and will continue to be enforced at the American border despite the legalization of marijuana in Canada.
CBP enforces the laws of the United States and U.S. laws will not change following Canada’s legalization of marijuana. Requirements for international travelers wishing to enter the United States are governed by and conducted in accordance with U.S. Federal Law, which supersedes state laws. Although medical and recreational marijuana may be legal in some U.S. States and Canada, the sale, possession, production and distribution of marijuana or the facilitation of the aforementioned remain illegal under U.S. Federal Law. Consequently, crossing the border or arriving at a U.S. port of entry in violation of this law may result in denied admission, seizure, fines, and apprehension.
Changes to the H-1B Lottery Proposed
U.S. Citizenship and Immigration Services (USCIS) has sent a draft regulation to the Office of Management and Budget that would require employers to pre-register for the H-1B lottery. Other changes being considered include prioritizing H-1B visa number allocations based on criteria in a 2017 Trump executive order directing prioritization based on the most skilled or highest-paid beneficiaries and changing the order of the H-1B visa lotteries so the chances for applicants with a master’s degree are increased. It is unclear when the draft regulation will appear in the Federal Register and if the changes will be implement before the next H-1B lottery. More information about the H-1B process is available here.
TPS is in Affect for Sudan, El Salvador, Haiti, and Nicaragua
As a reminder, a U.S. District Judge granted a preliminary injunction, effectively immediately, preventing the government from terminating Temporary Protected Status (TPS) for individuals from Sudan, El Salvador, Haiti, and Nicaragua on October 3, 2018. The order states that the government must maintain TPS and employment authorization for TPS beneficiaries while the lawsuit challenging the government’s decision to end TPS is pending. Individuals from these countries had been set to lose TPS over the next year, with Sudan’s set to end at end of the next month. TPS for these countries will now continue while we await the final ruling. If you would like to discuss how this development affects your immigration options, please contact our office.
USCIS NTA Policy
As of October 1, 2018, United States Citizenship and Immigration Services (USCIS) put into effect the new Notice to Appear (NTA) policy detailed in a memo issued on June 28, 2018. An NTA is a document that that instructs foreign nationals to appear in immigration court, which is the first step of removal/deportation proceedings.
USCIS has stated that the agency will send foreign nationals denial letters with adequate notice, and if the foreign national does not leave the United States and no longer has valid status, they will also issue an NTA. In most cases, USCIS will wait until the expiration of the motion or appeal period before they issue an NTA.
The policy impacts cases based on, including but not limited to, Form I-485, Application to Register Permanent Residence or Adjust States, and Form I-539, Application to Change/Extend Nonimmigrant Status. The policy does not apply to employment-based petitions at this time.
Visa Bulletin
The Visa Bulletin includes “Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. The DOS Visa Bulletin for December 2018 is available here.
Happy Thanksgiving
Ditrani Law wishes a very happy Thanksgiving to our clients. We are grateful for those who recently joined us and for those with whom we have worked with for many years. We hope you all enjoy a warm meal with family and friends this holiday.
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