Travel Ban II

By | Commentary, Terrorism, Travel, trump, Uncategorized, Visa | No Comments

The second travel ban executive order, expected to take effect today has been halted, by two federal courts in Hawaii and Maryland. Trump had recrafted the travel ban to exclude Permanent Residents and US Citizens, originally hailing from the seven countries. He has also halted the processing of refugees from those seven countries.
Although the second travel ban is not, on its face unconstitutional, it does have desperate impact on persons of Muslim faith. Since Customs and Border Patrol officers have wide discretion as to who to “suspect” and “admit” their innate biases do play a factor. Report of abuses in recent times are rampant. Even Mohammad Ali’s parents were detained simply because they were of the Muslim faith.
“There is nothing “veiled” about this press release: “Donald Trump is calling for a total and complete shutdown of Muslims entering the United States,” Judge Watson of Hawaii wrote. And one may also argue that there has not been any recent incidents of terrorists trying to enter the United States from those seven countries.
Thus this useless travel ban encourages discrimination towards certain religion. If we weigh whether America can be safer with the travel ban vs. whether discrimination towards Muslim is a legitimate State interest, the travel ban becomes clearly unconstitutional. The purpose of enacting it is nothing more than fulfilling Trump’s campaign promise to ban Muslims and serves no more than fueling hatred towards Muslims. The budget cuts to the Department of State will only enhance and prolong this process.

For more information visit Banerjee & Associates

No Premium Processing for H-1B

By | Commentary, H1-B, Premium, Uncategorized | No Comments

From April 3rd, 2017, the Citizenship and Immigration Service (CIS) will NOT accept any Premium Processing for H-1B. That means no new H-1Bs can be filed in premium. Due to the fact that most H-1Bs are filed in Premium these days, the CIS is really behind on ordinary H-1Bs. This suspension may last up to 6 months. The only way to get faster processing will be through “Expedited Criteria, with definitive proof of one of the following criteria:

“USCIS review​s​ all​ expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.​ The burden is on the applicant or petitioner to demonstrate that one or more of the e​xpedite criteria have been met.​​

​USCIS may expedite a​ petition or application if it meets one or more of the following criteria:​

Severe financial loss to company or ​person​;​
Emergency situation;​
Humanitarian reasons;​
Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States​;​
Department of Defense or ​n​ational ​i​nterest ​s​ituation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);​
USCIS error; or​
Compelling interest of USCIS.”

For more information contact Banerjee & Associates