• Facebook
  • Twitter
  • LinkedIn
ABIL
  • Home
  • About
  • ABIL Lawyers
    • North America
      • Canada
      • Mexico
      • United States
    • South America
      • Colombia
      • Peru
    • Europe
      • Austria
      • Belgium
      • France
      • Germany
      • Italy
      • Netherlands
      • Poland
      • Spain
      • Switzerland
      • Turkey
      • United Kingdom
    • Asia Pacific & Africa
      • Australia
      • Hong Kong
  • Global Immigration
    • North America
      • Canada
      • Mexico
      • United States
    • South America
      • Brazil
      • Colombia
      • Peru
    • Europe
      • Austria
      • Belgium
      • France
      • Germany
      • Italy
      • Netherlands
      • Spain
      • Switzerland
      • Turkey
      • United Kingdom
    • Asia Pacific & Africa
      • Australia
      • China
      • Hong Kong
      • India
      • Japan
      • South Africa
  • Services
    • Corporate Services
    • Compliance Services
    • Global Immigration Services
    • Government Policy
    • Complex Cases
    • Investment Services
    • Litigation Services
    • Pro Bono Services
  • Industries
  • Resources
    • Blogs
    • News
    • Newsletters
    • Videos & Recordings
    • Articles
  • Contact
  • Search
  • Menu Menu

News from the Alliance of Business Immigration Lawyers Vol. 9, No. 9B • September 15, 2013

September 15, 2013/in Immigration Insider /by ABIL

Headlines:

1. State Dept. Sends Guidance to Posts on New Electronic Immigrant Visa Application – The Department of State recently sent a cable to all diplomatic and consular posts providing guidance and describing the timeline for deployment of the new electronic DS-260 (Immigrant Visa Application) and DS-261 (Choice of Address and Agent).

2. USCIS Implements Identity Verification at Field Offices – The new tool allows applicants to submit biometric data (fingerprints and photographs) when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. USCIS still requires applicants and petitioners requesting immigration or naturalization benefits to visit an Application Support Center to provide biometric data.

3. DACA Reaches One-Year Mark – 588,725 applications have been received so far. Of those, 567,563 were accepted and 21,162 were rejected.

4. Thousands Will Be Naturalized at Constitution Day and Citizenship Day Ceremonies – More than 18,000 new citizens will be naturalized during more than 180 ceremonies between September 16 and September 23.

5. Special Immigrant Visa Program for Iraqis To Expire – On September 30, 2013, the Special Immigrant Visa program for Iraqi nationals who worked for or on behalf of the United States government in Iraq will expire.

6. New Publications and Items of Interest – New Publications and Items of Interest

7. Member News – Member News

8. Government Agency Links – Government Agency Links


Details:

1. State Dept. Sends Guidance to Posts on New Electronic Immigrant Visa Application

The Department of State recently sent a cable to all diplomatic and consular posts providing guidance and describing the timeline for deployment of the new electronic DS-260 (Immigrant Visa Application) and DS-261 (Choice of Address and Agent), which replaces the paper-based DS-230 (Application for Immigrant Visa Registration, parts I and II) and the DS-3032 (Choice of Address and Agent). Worldwide use of the DS-260/261 took effect for new cases on September 1, 2013.

The cable notes, among other things, the availability of software that includes a “biometric oath module” allowing posts to record an electronic fingerprint in lieu of a written signature attesting to the oath administered before every immigrant visa interview.

The cable states that the Department intends to deploy the DS-260/261 as follows:

  • Beneficiaries submitting new cases that arrive at the National Visa Center (NVC) from U.S. Citizenship and Immigration Services (USCIS) on or after September 1 will be instructed to complete the DS-260/261 in lieu of the DS-230/3032. The State Department will update travel.state.gov to reflect this guidance and will remove the PDF versions of Forms DS-230 and DS-3032 from public circulation. If a beneficiary submits a DS-230, NVC will instruct him or her to re-submit a DS-260.
  • The State Department will not require DS-260s for beneficiaries of “pipeline” cases already in process at NVC on September 1 if: 1) the case has already been documentarily qualified and sent to scheduling, or 2) NVC receives a single submission of documents that makes a case documentarily qualified. For all other pipeline cases where NVC has occasion to send a “checklist” of missing documents after September 1, NVC will instruct petitioners/agents/beneficiaries to submit the DS-260 along with those missing documents, even if a DS-230 was already on file.
  • Those filing petitions locally overseas (with either USCIS or a consular section) on or after September 1 must submit a DS-260 once the petition is approved. Posts should instruct beneficiaries to enter the principal applicant’s DOB in YYYYMMDD format in lieu of an “Invoice ID” on the DS-260 login page.
  • For cases filed locally overseas before September 1, if beneficiaries have already submitted a DS-230 or received instruction to do so, the consular post should accept the DS-230. If a consular post has not yet provided beneficiaries instructions on how to submit their applications, the post must require the DS-260. The consular post should not, as a general rule, require the submission of a DS-260 if a valid, signed, unexpired DS-230 is already on file and requiring the DS-260 would result in a 221(g) refusal for an otherwise issuable case.
  • For Havana Only: Cuban Family Reunification Parole (CFRP) cases are the lone exception to the scenarios described above. The DS-260 will not allow an applicant whose case is not current to access the DS-260. For now, NVC will continue to solicit and accept Form DS-230 from applicants who opt in to the CFRP program.

FREQUENTLY ASKED QUESTIONS

Back to Top


2. USCIS Implements Identity Verification at Field Offices

U.S. Citizenship and Immigration Services (USCIS) has begun employing “Customer Identity Verification” (CIV) in its domestic field offices. The tool allows applicants to submit biometric data (fingerprints and photographs) when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. It will be phased in between September 9 and October 21, 2013.

After an applicant arrives at a field office, clears security, and is called to the counter, USCIS will electronically scan two fingerprints and take a picture to verify identity. The process takes a few minutes and applies only to those who have an interview or are receiving evidence of an immigration benefit. Those who come to a USCIS office for InfoPass appointments or to accompany an applicant will not undergo this process.

Currently, USCIS requires applicants and petitioners requesting immigration or naturalization benefits to visit an Application Support Center (ASC) to provide biometric data. “This requirement, along with providing a government-issued document for examination, will not change,” USCIS said.

CIV connects instantly to the United States Visitor and Immigrant Status Indicator Technology’s (US-VISIT) Secondary Inspections Tool (SIT). SIT is a Web-based application that processes, displays, and retrieves biometric and biographic data. US-VISIT also links databases associated with border inspections and security.

ANNOUNCEMENT

Back to Top


3. DACA Reaches One-Year Mark

The Deferred Action for Childhood Arrivals (DACA) started on August 15, 2013. One year later, the numbers for August 2013 show that a total of 588,725 applications have been received. Of those, 567,563 were accepted and 21,162 were rejected. The average number of applications accepted per day is 2,158.

REPORT

Back to Top


4. Thousands Will Be Naturalized at Constitution Day and Citizenship Day Ceremonies

U.S. Citizenship and Immigration Services announced that it plans to naturalize more than 8,000 candidates on September 17, 2013, which is Constitution Day and Citizenship Day. More than 18,000 new citizens will be naturalized during more than 180 ceremonies between September 16 and September 23. The event commemorates the signing of the U.S. Constitution in 1787.

LIST OF CEREMONY LOCATIONS AND DATES

Back to Top


5. Special Immigrant Visa Program for Iraqis To Expire

On September 30, 2013, the Special Immigrant Visa (SIV) program for Iraqi nationals who worked for or on behalf of the United States government in Iraq will expire.

The program covers Iraqi nationals who have been employed by or on behalf of the United States government in Iraq for at least one year, from March 20, 2003, to the present. The expiration date does not apply to spouses and unmarried children who are following to join a principal applicant.

The Iraqi SIV program will expire on September 30 at 11:59 p.m. EDT unless Congress extends the program. After that date, USCIS will reject any Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or Form I-485, Application to Register Permanent Residence or Adjust Status, filed by a principal applicant based on the Iraqi SIV program. Beginning on October 1, 2013, USCIS will suspend processing of any pending I-360 or I-485 filed by a principal applicant based on the Iraqi SIV program.

ANNOUNCEMENT

Back to Top


6. New Publications and Items of Interest

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, released by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.’

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or Nicole.hahn@lexisnexis.com.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

Green Card Stories has won five national awards. It was named a Nautilus book award silver medal winner, and won a silver medal in the Independent Book Publishers Association’s Benjamin Franklin Award in the multicultural category. The book also won a Bronze Medal in the Independent Publisher’s “IPPY” Awards and an honorable mention for the 2012 Eric Hoffer Book Award. Ariana Lindquist, the photographer, won a first-place award in the National Press Photographers Association’s Best of Photojournalism 2012. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at lauren@greencardstories.com. See also the Green Card Stories website.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available on the ABIL Blog.

Back to Top


7. Member News

H. Ronald Klasko will discuss “What’s Next? EB-5 Trends and Developments” at the CDFA/IIUSA Intro EB-5 Finance WebCourse on September 19. Mr. Klasko will review trends and developments related to the EB-5 program and highlight important statistics to consider when using this form of financing. Topics to be discussed include capital and job formation, actions taking place at USCIS, the federal agency that administers the program, and legislative reforms that could affect the program. FOR MORE DETAILS OR TO REGISTER.

Mr. Klasko will visit the Wharton Business School of the University of Pennsylvania on Tuesday, October 8, 2013. He will discuss topics of interest to entrepreneurial business students.

Mr. Klasko presented at the Practising Law Institute’s 46th Annual Immigration & Naturalization Institute program in New York City on September 3, 2013. The topic was “Challenges to Entrepreneurs Coming to the United States.”

Mr. Klasko was a contributing author to the American Immigration Lawyers Association’s Immigration Practice Toolbox, 4th Edition (June 2013). The Toolbox contains a collection of articles, templates, samples, and updates to supplement a practitioner’s knowledge of immigration law.

Cyrus Mehta has published a new blog entry. “Can An Undocumented Lawyer Practice Immigration Law?”

Mr. Mehta was listed in Best Lawyers, ALM Martindale, Martindale AV Preeminent, and “Most Powerful” by HR Executive Magazine. A listing of other ABIL attorneys in these categories was published in the September 1, 2013, issue of the ABIL Immigration Insider.

Mr. Mehta spoke at the following recent events:

  • “Ethics in Immigration Practice: Where Zealous Representation Starts and Ends,” Practising Law Institute, New York City, September 3, 2013
  • “Ethical Issues In Removal Proceedings, Defending Immigration Removal Proceedings 2013,” Practising Law Institute, New York City, August 12, 2013
  • “Careers in Immigration Law,” New York City Bar, Summer Series, July 18, 2013

Angelo Paparelli was quoted in a recent Wall Street Journal article about a new crackdown on undocumented workers. Mr. Paparelli said the U.S. government has slashed the time it gives employers to find and train replacement workers, to about 20 days from three to four months. The longer amount of time “avoided disrupting or closing the business.” He deems the new policy potentially a “deadly blow” to employers. A version of this article appeared September 13, 2013, on page B1 in the U.S. edition of the Wall Street Journal, with the headline: “New Hunt for Illegal Workers.”

Mr. Paparelli recently co-authored a new article, “Prosecutors, Aim Your Weapons—Targeting Fraud Upon Immigrants.”

Stephen Yale-Loehr was quoted in a recent Univision article about the complexity of the EB-5 program.

Mr. Yale-Loehr will speak on EB-5 immigrant investor issues on a webinar sponsored by the Council of Development Finance Agencies on September 18, 2013. Topics will include direct EB-5 vs. EB-5 regional center programs, minimum investment requirements, securities regulations, and business plans and economic reports. MORE DETAILS OR TO REGISTER

Back to Top


8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2013-09-15 00:00:072019-09-05 10:15:57News from the Alliance of Business Immigration Lawyers Vol. 9, No. 9B • September 15, 2013

News from the Alliance of Business Immigration Lawyers Vol. 9, No. 9A • September 01, 2013

September 01, 2013/in Immigration Insider /by ABIL

Headlines:

1. DHS Inspector General Releases Report on Implementation of L-1 Visa Regulations – Among other things, the report says that more communication between the Departments of Homeland Security and State would improve the processing of blanket L-1 petitions.

2. Special Immigrant Visa Program for Iraqis Set To Expire – Individuals applying under this program, including family members, must be admitted to the United States or adjust their status before October 1, 2013.

3. BALCA Affirms Denial of Labor Cert for Technical Violation in Supervised Recruitment – An employer’s reference to resumes in the file instead of listing the addresses as required was a “wholesale failure to provide an element of a report directly mandated by the regulations.”

4. Labor Dept. Indefinitely Delays H-2B Wage Methodology Final Rule – The interim final rule establishing the current prevailing wage methodology for the H-2B program remains in effect.

5. State Dept. Transitions to Online Immigrant Visa Application – The new online forms replace the paper DS-230 and DS-3032.

6. OSC Discourages Pre-Population of I-9 Forms – Among other things, the OSC noted that pre-population increases the likelihood of including inaccurate or outdated information.

7. OSC Recommends Against Contractor Requiring Subcontractor’s Employees To Produce Original I-9 Documents – This type of scenario could present a number of problems, the OSC warned.

8. ABIL Global: Mexico – Extensive efforts to reduce backlogs and improve processing time frames are evident eight months after enactment of the new Migration Act.

9. New Publications and Items of Interest – New Publications and Items of Interest

10. Member News – Member News

11. Government Agency Links – Government Agency Links


Details:

1. DHS Inspector General Releases Report on Implementation of L-1 Visa Regulations

On August 9, 2013, the Department of Homeland Security (DHS)’s Office of Inspector General (OIG) released a report containing recommendations aimed at improving the L-1 visa program in response to a request from Sen. Charles Grassley for an examination of the potential for fraud or abuse in the program. The L-1 visa program facilitates the temporary transfer of foreign nationals with management, professional, and specialist skills to the United States. For the report, the OIG observed DHS personnel and Department of State consular officials process L-1 petitions and visas. The OIG also interviewed 71 managers and staff in DHS and the Department of State.

The OIG found that although U.S. Citizenship and Immigration Services regulations and headquarters memoranda provide guidance on the definition of specialized knowledge, they are insufficient to ensure consistent application of L-1 visa program requirements in processing visas and petitions. More communication between DHS and the Department of State would improve the processing of blanket petitions, the report says. The OIG determined that program effectiveness would be improved and risks reduced with additional effort in (1) training for U.S. Customs and Border Protection officers to enable them to fill their L-1 gatekeeper role at the northern land border more effectively; (2) improving internal controls of the fee collection effort at the northern land border; (3) more rigorous consideration of new office petitions to reduce fraud and abuse; (4) providing an adjudicative tool that is accessible to all federal personnel responsible for L-1 decisions; and (5) consistently applying Visa Reform Act anti-“job-shop” provisions to L-1 petitions.

An appendix notes that the top 10 L-1 employers are Tata Consultancy Services Limited, Cognizant Tech Solutions US Corp, IBM India Private Limited, Wipro Limited, Infosys Technologies Limited, Satyam Computer Services Limited, HCL America Inc., Schlumberger Technology Corp., PricewaterhouseCoopers LLP, and Hewlett-Packard Co.

REPORT, which includes details on the OIG’s recommendations and USCIS’s response, along with appendices containing statistics.

Back to Top


2. Special Immigrant Visa Program for Iraqis Set To Expire

The Special Immigrant Visa (SIV) program for Iraqi nationals who worked for or on behalf of the U.S. government will expire on September 30, 2013. Individuals applying under this program, including family members, must be admitted to the United States or adjust their statuses before October 1, 2013.

The program covers Iraqi nationals who have been employed by or on behalf of the U.S. government in Iraq for a period of at least one year, from March 20, 2003, to the present. The expiration date also applies to spouses and unmarried child(ren) accompanying or following to join the principal applicants.

As announced at its inception, the Iraqi SIV program will expire on September 30, 2013, at 11:59 p.m. EDT unless Congress extends the program. After September 30, 2013, USCIS will reject any petitions or applications filed based on the Iraqi SIV program. Beginning on October 1, 2013, USCIS will suspend processing of any pending Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or Form I-485, Application to Register Permanent Residence or Adjust Status, filed based on the Iraqi SIV program.

ANNOUNCEMENT

Back to Top


3. BALCA Affirms Denial of Labor Cert for Technical Violation in Supervised Recruitment

In Matter of JP Morgan Chase & Co., the Board of Alien Labor Certification Appeals (BALCA) upheld the denial of a labor certification application filed by JP Morgan Chase for a vice president of mergers and acquisition because the company noted that addresses of applicants were included in their resumes instead of listing them as required. The BALCA noted that the regulation required the employer to “state” the addresses of the U.S. workers who applied for the job opportunity on the recruitment report itself and does not permit addresses to be incorporated by reference to other documents within the administrative file. Moreover, the employer appeared to have assumed that all of the applicants stated their address on their resumes, but there were a few resumes where no address was stated.

The BALCA acknowledged that some omissions may not be material to the review of the substance of an application. In this case, however, the BALCA found the reference to the resumes a “wholesale failure to provide an element of a report directly mandated by the regulations.”

The BALCA also noted that the selection of the case for supervised recruitment “puts the employer on notice that special scrutiny is being placed on the application.” Among other things, the recruitment report required under supervised recruitment is more detailed than the recruitment report required under basic labor certification processing. Simply put, the BALCA said, an employer “cannot shift the burden to the [Certifying Officer] to look through resumes to find the addresses of U.S. applicants.”

DECISION 2011-PER-00635

Back to Top


4. Labor Dept. Indefinitely Delays H-2B Wage Methodology Final Rule

The Department of Labor’s Employment and Training Administration has delayed indefinitely the effective date of its final rule on the wage methodology for the H-2B temporary non-agricultural employment) to comply with legislation that prohibits the agency from using any funds to implement it, and to permit time for consideration of public comments on the interim final rule published in April 2013.

The final rule would have revised the methodology by which the Department calculates the prevailing wages paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification to employ a nonimmigrant in H-2B status. The interim final rule establishing the current prevailing wage methodology for the H-2B program remains in effect.

ANNOUNCEMENT

Back to Top


5. State Dept. Transitions to Online Immigrant Visa Application

The Department of State is transitioning to an online immigrant visa application, effective September 3, 2013. The new online forms replace the paper DS-230 and DS-3032. Only Diversity Visa and Cuban Family Reunification Parole applicants will continue to use the paper forms.

Immigrant visa applicants will now apply online using Form DS-260 (Application for Immigrant Visa and Alien Registration), and applicants will name their agent online using Form DS-261 (Choice of Address and Agent).

FORMS

Back to Top


6. OSC Discourages Pre-Population of I-9 Forms

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently responded to a query about whether pre-population of employee information in section 1 of the Form I-9, Employment Eligibility Verification, is permissible. The query stated that U.S. Immigration and Customs Enforcement had said that pre-population is impermissible.

The OSC’s response noted that the I-9 instructions state that the employee must complete and sign section 1. Someone may assist the employee if he or she is unable to complete the form.

The OSC said that it discourages employers from pre-populating section 1 with previously obtained employee information. The agency noted that this increases the likelihood of including inaccurate or outdated information, which could lead an employer to reject documents presented or demand specific documents. This is particularly true, the OSC noted, if the employer does not provide an opportunity for the employee to review the information that was pre-populated and build in a method for making corrections. Further, the OSC noted, a mismatch could result if the employer uses outdated information to submit an E-Verify query.

OSC’s RESPONSE, which includes additional details

Back to Top


7. OSC Recommends Against Contractor Requiring Subcontractor’s Employees To Produce Original I-9 Documents

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently responded to a query about whether a contractor can require employees of subcontractors to produce the original documentation they had used for I-9 work authorization verification purposes for employment with the subcontractor.

The OSC did not delve into the specifics of the particular case in question, but said that in general, this type of scenario could present a number of problems. For example, the I-9 requirements note that an employer must review the documentation presented by an employee within three days of hire. If a general contractor were to ask the employee of a subcontractor to produce such documents a second time, given the passage of time that likely would have transpired, the employee may no longer have the documents originally presented. This could be the case because, for example, a document has expired and the employee now has a newer version; the employee has a different document due to adjustment of status and has forfeited the originally presented document; or the document was lost, stolen, or misplaced. If such an individual is then barred from employment, he or she may perceive that the general contractor and/or subcontractor has discriminated against him or her based on citizenship or immigration status. Because the proposed practice relates to the original I-9 verification process, such employees could allege discriminatory I-9 practices in violation of the antidiscrimination provisions of the law.

OCS’s RESPONSE

Back to Top


8. ABIL Global: Mexico

Extensive efforts to reduce backlogs and improve processing time frames are evident eight months after enactment of the new Migration Act.

After considerable backlogs accumulated during the first half of 2013, the National Immigration Institute (INM) has taken significant steps to enhance the processing time frames in all regional INM offices in Mexico.

Noteworthy changes include the acquisition of printers in all Mexican INM offices to issue new Temporary and Permanent Residence ID cards on site, to reduce the delivery time frames. Formerly, the ID cards were issued at the National Printing Office and eventually sent to the INM for collection, taking 5 weeks on average, compared to the 1-3 business days it takes with the new process.

In addition, the INM office in Mexico City has created special desks to process visa renewal applications and registrations for foreigners who arrive with pre-approved immigration status as temporary or permanent residents. This has reduced the processing times to 1 week in average, compared to the 4 to 6 weeks it used to take.

A new immigration regime has been in existence in Mexico since November 9, 2012, after almost 40 years under the previous scheme.

The changes in the law have caused significant processing delays in visa applications submitted at the INM, also given the immediate change in the Mexican presidency less than a month after the enforcement of the new law, which was followed by the substitution of many of the officers at the INM. Such drastic change in the regime resulted in processing delays due to new policies and ambiguities in the law. As a result, the new officers variously interpreted the criteria as they got used both to their new faculties and the changed policies.

Delays also resulted from the massive dismissal of public servants working at the INM for failure to pass compliance and trust tests, as part of the Mexican government’s anti-corruption efforts. Official sources announced in July of this year the dismissal of more than 620 people working at the INM during the current administration, which has been in office for 6 months.

In addition, the government offered special training by mid-July to immigration officers who are transferring from the Ministry of Foreign Affairs to work in Mexican consulates. The training is designed to prepare consular staff to adjudicate visa applications. There have been delays as the consulates acclimated to their new role. Training is expected to help make the process more efficient.

A steady application of the law has become evident during the second half of 2013, and we expect a stricter application of the law, its regulations, and the guidelines that support the practical application of the new Migration Act. Many of the policies initially contemplated in the Act have yet to be enforced, such as the negativa ficta (i.e., a work visa application is considered denied if no official response is received within 20 business days), the implementation of the points-based system that grants direct access to permanent resident status for highly qualified foreigners, and the quota system.

Back to Top


9. New Publications and Items of Interest

Role of the E-Verify Monitoring and Compliance Branch. U.S. Citizenship and Immigration Services has released an executive summary, “Role of the E-Verify Monitoring and Compliance Branch.” The summary outlines information delivered at a teleconference held in April 2013, during which M&C “subject matter experts” provided an overview of their role and responsibilities as part of the E-Verify employment eligibility verification process. Some of the common errors M&C has observed include creating duplicate cases for the same employee; immediately terminating employees who receive a tentative nonconfirmation; failing to create a case by the third day after the employee started work for pay; creating cases for employees who were hired before the E-Verify participant enrolled in E-Verify; and not reviewing acceptable documents or a document containing a photo.

SUMMARY

The summary lists resources, and recommends as a “best practice” familiarity with the most recent version of the E-Verify User Manual for Employers.

E-Verify User Manual for Federal Contractors

Manual for Employer Agents

Manual for Corporate Administrators

The summary also mentions the E-Verify Self-Assessment Guide, which assists participating employers in complying with user requirements.

LINKS TO A VARIETY OF E-VERIFY MANUALS AND GUIDES

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, released by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

 

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management. Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.’

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or Nicole.hahn@lexisnexis.com.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

Green Card Stories has won five national awards. It was named a Nautilus book award silver medal winner, and won a silver medal in the Independent Book Publishers Association’s Benjamin Franklin Award in the multicultural category. The book also won a Bronze Medal in the Independent Publisher’s “IPPY” Awards and an honorable mention for the 2012 Eric Hoffer Book Award. Ariana Lindquist, the photographer, won a first-place award in the National Press Photographers Association’s Best of Photojournalism 2012. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at lauren@greencardstories.com. See also the Green Card Stories website.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available on the ABIL Blog.

Back to Top


10. Member News

The following ABIL members have been ranked among the top lawyers in the country, in the following categories:

American Lawyer Media and Martindale-Hubbell 2013 Top Rated Lawyers in Immigration Law:

Laura Danielson
Rami Fakhoury
Mark Ivener
Charles Kuck
Sharon Mehlman
Bernard Wolfsdorf

Top 25 Attorneys in EB-5 by the EB-5 Investors Magazine:

Mark Ivener
H. Ronald Klasko
Charles Kuck
Angelo Paparelli
Stephen Yale-Loehr

Martindale Hubbell AV Rated:

Laura Danielson
Rami Fakhoury
Steve Garfinkel
Mark Ivener
H. Ronald Klasko
Charles Kuck
Sharon Mehlman
Angelo Paparelli
Bernard Wolfsdorf
Stephen Yale-Loehr

H. Ronald Klasko was also named one of the “Most Powerful Employment Attorneys in Immigration Law” in the United States by Human Resource Executive magazine. The magazine so named 20 lawyers in the country in its June 16, 2013, edition.

Mr. Klasko was appointed chair of the EB-5 Investor Committee of the American Immigration Lawyers Association. This was his fourth appointment to chair this committee.

Robert Loughran was selected for inclusion in the 20th Edition (2014) of The Best Lawyers in America in the practice area of Immigration Law.

Mr. Loughran will be the discussion leader for the ILW EB-5 Summit for Attorneys and Developers and will speak on “Developing the I-924 Application For Regional Center Under the Immigrant Investor Pilot Program” and “Documenting Job Creation Through the I-829 Petition by Entrepreneur to Remove Conditions.” The EB-5 Summit will be held at the Westin O’Hare in Chicago on Friday, September 6, 2013. The discussion is open to anyone interested in learning more about the EB-5 visa. More information.

Mr. Loughran will provide an “Update on Increased Government Investigations” at the 2013 FosterQuan Corporate Compliance Seminar to be held at the Westin Memorial City in Houston, Texas, on Tuesday, September 10, 2013. The seminar will feature government representatives and other experts discussing immigration challenges facing all employers. Timely updates, strategic advice for immigration compliance, and best practices critical to all employers will be provided, including Form I-9 Compliance and issues related to mergers and acquisitions and discrimination; E-Verify; and ICE/HSI investigations.

Cyrus Mehta recently co-authored or authored several new blog posts. “America’s Role In Syria After the Chemical Weapons Attack And Immigration Reform” is available at http://blog.cyrusmehta.com/2013/08/americas-role-in-syria-after-chemical.html. “Nearly 12 Years After 9/11 Applicants Perceived as Muslims Still Targeted Under a Secret Immigration Program“”The Lazarus Effect: How Comprehensive Immigration Reform Can Survive the House GOP and Come Back to Life”

Pearl Law Group has won the Bronze Stevie® Award in the 2013 International Business Awards for “Most Innovative Company of the Year” in North America. The firm was considered among more than 3,300 nominees in more than 50 nations. MORE INFORMATION.

Angelo Paparelli has authored a new blog post: “RNC Hoisted on Its Own Immigration Petard in Opposing Path to Citizenship“.

Stephen Yale-Loehr will speak on EB-5 immigrant investor issues on a webinar sponsored by the Council of Development Finance Agencies on September 18, 2013. Topics will include direct EB-5 vs. EB-5 regional center programs, minimum investment requirements, securities regulations, and business plans and economic reports. MORE DETAILS OR TO REGISTER.

Back to Top


11. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2013-09-01 00:00:152019-09-05 10:20:07News from the Alliance of Business Immigration Lawyers Vol. 9, No. 9A • September 01, 2013

Archive

  • July 2020
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • November 2006
  • October 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006
  • April 2006

ABIL is a corporation with over 40 top-rated immigration law firms and 1,500+ professionals.

News

  • BRAZIL: Accepting Work Authorization Applications Thorugh New Digital Certificate System
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9D • September 22, 2019
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9C • September 15, 2019
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9B • September 08, 2019

Sign Up for our Newsletters

Sign up for our Immigration Insider & Global Updates Newsletters

Select list(s) to subscribe to


By submitting this form, you are consenting to receive marketing emails from: Alliance of Business Immigration Lawyers, 11 Dupont Circle, N.W., Washington, DC, 20036, https://www.abil.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
© Alliance of Business Immigration Lawyers (ABIL) All Rights Reserved 2023
  • Facebook
  • Twitter
  • LinkedIn
  • Home
  • About
  • ABIL Lawyers
  • Global Immigration
  • Services
  • Industries
  • Resources
  • Contact
Scroll to top