William J. ManningBlog Posts

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  • How Links to Marijuana Industry Can Affect Foreign Nationals’ U.S. Immigration Status

    Marijuana still is considered a Schedule I drug under the federal Controlled Substances Act. A conviction under the Controlled Substances Act can lead to severe consequences for a non-U.S. citizen. Under U.S. immigration law, any non-U.S. citizen who is convicted under the Controlled Substances Act, even green card holders, who participate or make investments in... Continue Reading
    August 31, 2022
  • Bill Approved by House Legalizing Marijuana Also Would Affect Immigrants

    The Marijuana Opportunity Reinvestment and Expungement (MORE) Act passed the House of Representatives on April 1, 2022. If passed by the Senate and signed by the President, the bill would clear marijuana-related convictions from people’s records and remove marijuana from the federal controlled substances list. The bill specifically prohibits the denial of benefits and protections under... Continue Reading
    April 6, 2022
  • USCIS Announces Return to Deference Policy

    Deference is back! USCIS announced that, effective immediately, it will reinstate its 2004 policy of deferring to prior determinations of eligibility. Rescinded by the Trump administration, this policy directed officers to “generally defer to prior determinations of eligibility when adjudicating petition extensions involving the same parties and facts as the initial petition.” This means that... Continue Reading
    April 28, 2021
  • Administration Places New Limits on Chinese Journalists, Airlines

    Journalists and airlines are the two latest groups affected by the deterioration in the relationship between China and the United States. Since the “tariff wars” and the onset of COVID-19, the relationship between China and the United States has become ever more complicated. In early May, the Trump Administration changed the I visa rules for... Continue Reading
    June 11, 2020
  • The Fairness for High-Skilled Workers Act May Endanger Economy

    The Fairness for High-Skilled Workers Act has passed the House of Representatives, and is pending before the Senate where it may pass by unanimous consent (i.e., with no actual vote or hearing). On its face, the Fairness Act seems fair. By eliminating the 7% per country cap, Indian nationals and Chinese nationals who have been...… Continue Reading
    September 27, 2019
  • Congress Questions DHS on Immigration Processing Delays

    The House Judiciary Committee Subcommittee on Immigration and Citizenship asked the Department of Homeland Security to account for the delays in immigration processing at a hearing on July 16, 2019. Representative Zoe Lofgren (D-Cal.), who chaired the hearing, wanted an explanation for the 2.4 million application/petition backlog, as well as processing delays that have reached crisis...… Continue Reading
    August 13, 2019
  • E-1/E-2 Treaty Visas Option for New Zealanders

    The U.S. Ambassador to New Zealand, Scott P. Brown, has announced that eligible New Zealand nationals may apply for E-1/E-2 Treaty Investor Visas: “We’ve listened. And as of June 10, New Zealand business owners and New Zealand citizens essential to those companies are going to be able to reside and work in the United States...… Continue Reading
    June 19, 2019
  • ‘I-Squared’ Bill Would Change H-1B and Other Immigration Programs

    While the Administration and Congress work to reconcile the needs of DACA recipients with concerns over border security and illegal immigration, Senators Orrin Hatch (R-UT) and Jeff Flake (R-AZ) have introduced a bill to reform immigration programs for high-skilled workers. If the bill passes, it would go a long way to maintaining U.S. competitiveness in...… Continue Reading
    February 4, 2018
  • Nonimmigrant Visa Applicants May Have Longer Waits

    President Donald Trump has issued an executive order striking the 80-percent/three-week goal for interviewing nonimmigrant visa applicants following submission of applications. Since September 11, 2001, the State Department has given priority to security over quick visa adjudications. For many reasons, including heightened security, between 2001 and 2010, the U.S. share of the global tourism market...… Continue Reading
    July 7, 2017
  • Travel Update Under Trump’s Executive Order

    While daily governmental guidance for affected individuals, in the United States and abroad, has followed the signing of Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” on January 27, 2017, reports of inconsistent treatment of individuals abound. The following illustrates some of the confusion regarding individuals “from” Iraq, Iran, Libya, … Continue Reading
    February 2, 2017