Greenspoon Marder Immigration Newsletter, August 8, 2018

Aug 8, 2018

E-1 and E-2 Visas Available for New Zealand Nationals

On August 1, 2018 President Trump signed The KIWI Act, which is now designated as Public Law 115-226 (132 STAT. 1625). This effectively makes New Zealand nationals eligible to enter the U.S. under E-1 and E-2 nonimmigrant traders and investors status.

Filing DACA Applications in the Wake of Federal Court Rulings

On August 3, 2018, the U.S. District Court for the District of Columbia issued an order reaffirming its April 24, 2018 ruling that the government’s decision to rescind DACA was unlawful and requiring the government to fully restore the DACA program. The court’s order is on hold for 20 days, until August 23, 2018, to allow the government time to determine whether it intends to appeal the court’s decision and, if so, to seek a stay pending appeal.

Note that there are no new changes to the DACA program at this time. It is still being implemented on the terms of the prior court rulings discussed below. USCIS is still accepting and processing DACA renewal applications for eligible DACA recipients who have previously been approved for DACA, due to two nationwide injunctions issued in California and New York earlier this year. No new or initial applications are being accepted for individuals seeking to apply for DACA for the first time. In light of pending litigation, eligible DACA recipients who would like to renew their DACA, and who should renew given the circumstances in their case, are encouraged to consult with an attorney and submit their DACA renewal applications to USCIS as soon as possible.

Previously, on April 24, 2018, the court held that the government’s decision to rescind DACA was unlawful and vacated the termination of the DACA program, requiring the government to accept and process both new and renewal DACA applications. The court stayed its order of vacatur for 90 days to allow the government the opportunity to “better explain its view that DACA is unlawful.”

In response to the court’s April 24, 2018 order, U.S. Department of Homeland Security (DHS) Secretary Kirstjen Nielsen issued a new memorandum on June 22, 2018, concurring with and declining to disturb the government’s September 5, 2017 memorandum that rescinded the DACA
program and purporting to offer further explanation for DHS’ decision to rescind DACA. Subsequently, in July 2018, the government moved the court to revise its April 24, 2018 order, arguing that Secretary Nielsen’s new memorandum demonstrates that DACA’s rescission was neither unlawful nor subject to judicial review.]

The court’s August 3, 2018 order denied the government’s motion to reconsider its April 24, 2018 order and upheld the vacatur of DACA’s rescission; however, the order does not take effect for 20 days. Thus, the memorandum terminating DACA will be vacated on August 23, 2018, unless the federal government appeals the decision and/or obtains a stay of the court’s August 3, 2018, order, pending appeal. If the court’s order goes into effect on August 23, the original DACA program will be restored in full and the administration will be required to accept not only DACA renewals, but also new DACA applications as well.

Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group attorney for any further questions or concerns.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Immigration Newsletter, August 8, 2018

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