Siskind Susser is excited to announce that Lynn Susser was recently elected to ABIL, the Alliance of Business Immigration Lawyers. ABIL is comprised of over 20 lawyers from top tier immigration practices with years of expertise and a comprehensive understanding of immigration law. For more information on ABIL, including a map of ABIL attorneys worldwide, visit their website at www.abil.com.
The following articles are excerpts from ABIL’s monthly Immigration Insider, available here on their website.
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Reading the Tea Leaves: Requests From DHS Office by Trump Transition Team, Policy Statement, Cabinet Nominees Offer Hints
The request of extensive documents by President Donald Trump’s transition team alongside statements from his selected cabinet members and policies he has outlined on his website provide clues to actions he will likely take moving forward.
Document requests- In early December 2016, Trump asked the Department of Homeland Security (DHS) for access to agency records on its capacity for detention expansion, records on border barriers, and assets to be used for border wall and barrier construction. He additionally asked about a program downsized by Barack Obama which authorized aerial surveillance of the southern border by the Army National Guard. He was provided with a DHS estimation of the cost for border barrier construction. It is estimated to cost $3.3 billion for the 452 miles of northern border and $11.37 billion for the 413 miles of southern border.
Policy statements- The first and foremost policy postulated by the President is “an impenetrable physical wall on the southern border” said to begin construction starting “day one.” He has expressed throughout his campaign that this will be an undertaking that “Mexico will pay for.” He has since augmented this theory, putting forth the idea that appropriations from taxpayer dollars will be used to actually build the wall, with Mexico providing reimbursement at a later date. Enrique Peña Nieto, the president of Mexico, has since expressed the sentiment that an August 2016 meeting with president Trump “made it clear that Mexico will not pay for the wall.” Furthermore, President Trump has made it clear that immigration reform will be a high priority. He has put forth the idea of formulating “new immigration control to boost wages and ensure that open jobs are offered to American workers first.” He has also stated he wants to triple the number of U.S. Immigration and Customs Enforcement agents, and instituting a biometric entry-exit visa tracking system at all land, air, and sea ports of entry.
Cabinet statements- President Trump’s cabinet nominees have been hit and miss in terms of alignment with his views on immigration. John Kelly for example, a retired Marine Corps. Veteran appointed head of the Department of Homeland Security (DHS), agreed that securing the southern border will be a top priority, but more than just a physical wall will be needed for fortification. Increased patrol and surveillance, drones, alerts to DHS for visa expiration dates, and more cooperation between the U.S. and other countries to prevent unauthorized entry or drug trafficking. He also stated that deportation of current Deferred Action for Childhood Arrivals (DACA) beneficiaries would not be a top priority. Furthermore, he disagreed with President Trump’s plan for a Muslim registry stating, “I don’t agree with registering people based on ethnicity or religion or anything like that.”
For more information, view President Trump’s statement on policies related to immigration.
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USCIS Releases New Policy Guidance on Physicians of National or International Renown
United States Citizenship and Immigration Services (USCIS) released a policy memorandum January 4, 2017, which exempts physicians of national or international renown from the U.S. Medical Licensing Examination. (USMLE) requirement in H-1B context. The Matter of T-O-S-U, the precedential 2015 decision spearheading this memorandum explicates a “physician of national renown” as a doctor of medicine or osteopathy “who is widely acclaimed and highly honored in the field of medicine in one or more countries as long as the achievements leading to national renown are comparable to that which would result in national renown in the U.S.” The qualify for this exemption, the petitioner must provide evidence that the beneficiary satisfies three requirements.
- The petitioner is a physician
- The petitioner is a graduate of a medical school in a foreign country
- The petitioner is widely acclaimed and highly honored within one or more countries, or is of national or international renown in the field of medicine.
Below is a non-exhaustive list of support which, dependent upon qualitative nature, may establish eligibility for exemption.
- Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards in the field of medicine;
- Evidence of the beneficiary’s authorship of scientific or scholarly articles in the field of medicine published in professional journals, major trade publications, or other major media;
- Published material about the beneficiary’s work in the medical field that appears in professional journals, major trade publications, or other major media (which includes the title, date, and author of such material);
- Evidence that the beneficiary has been employed in a critical, leading, or essential capacity for organizations or establishments that have distinguished reputations in the field of medicine;
- Evidence of the beneficiary serving as a speaker or panelist at medical conferences;
- Evidence of the beneficiary’s participation as a judge of the work of others in the medical field;
- Documentation of the beneficiary’s membership in medical associations, which require significant achievements of their members, as judged by recognized experts in the field of medicine;
- Evidence that the beneficiary has received recognition for his/her achievements or contributions from recognized authorities in the field of medicine; and
- Any other evidence demonstrating the beneficiary’s achievements, contributions, and/or acclaim in the medical field.
For more information, view the USCIS policy memo.
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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers (www.abil.com), of which Lynn Susser is an active member.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.