• 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. 10, No. 12B • December 15, 2014

December 15, 2014/in Immigration Insider /by ABIL

Headlines:

1. States, Governors File Suit Against President’s Executive Actions on Immigration – The lawsuit singles out a directive on expanding deferred action for childhood arrivals for certain individuals who came to the United States as children and creating a new deferred action program for certain parents of U.S. citizens or permanent residents.

2. USCIS Reminds EB-5 Regional Centers of December 29 Deadline To File I-924As – USCIS reminded approved EB-5 regional centers with designation letters dated on or before September 30, 2014, that they must file Form I-924A for fiscal year 2014 by December 29, 2014.

3. DOL Discontinues H-2B Prevailing Wage Determinations Based on Employer-Provided Wage Surveys – DOL is no longer issuing prevailing wage determinations in the H-2B program based on employer-provided wage surveys, in response to a court order.

4. USDA Releases 2014 Farm Labor Survey, Used for H-2A Adverse Effect Wage Rates – Farm operators paid their hired workers an average wage of $12.12 per hour during the October 2014 reference week, up 1 percent from a year earlier.

5. New Publications and Items of Interes – New Publications and Items of Interes

6. Member News – Member News

7. Government Agency Links – Government Agency Links


Details:

1. States, Governors File Suit Against President’s Executive Actions on Immigration

Various states and four governors filed suit on December 3, 2014, challenging several of President Barack Obama’s recent executive actions on immigration, announced on November 20 and detailed in Department of Homeland Security (DHS) memoranda. The lawsuit singles out a DHS directive on expanding deferred action for childhood arrivals (DACA) for certain individuals who came to the United States as children and creating a new deferred action program for certain parents of U.S. citizens or permanent residents. The lawsuit claims that the directive constitutes a “unilateral suspension of the Nation’s immigration laws [that] is unlawful.”

The lawsuit contains numerous quotations from President Obama stating that he can’t change laws himself and needs Congress to pass immigration reform. The suit notes that later, however, he expanded DACA and said, “I just took an action to change the law.” White House spokeswoman Brandi Hoffine responded, “The Supreme Court and Congress have made clear that federal officials can set priorities in enforcing our immigration laws, and we are confident that the president’s executive actions are well within his legal authorities.”

Shortly after the mid-term elections in November 2014, President Barack Obama initiated various executive actions on immigration. The actions challenged in the lawsuit include:

  • Expanding DACA to encompass a broader class of children. DACA eligibility had been limited to those who were under 31 years of age on June 15, 2012, who entered the United States before June 15, 2007, and who were under 16 years old when they entered. Under President Obama’s executive action, DACA eligibility is expanded to cover all undocumented immigrants who entered the United States before the age of 16, not just those born after June 15, 1981. The entry date is adjusted from June 15, 2007 to January 1, 2010. The relief (including work authorization) will now last for three years rather than two. MEMO EXPLAINING THIS ACTION
  • Extending eligibility for deferred action to parents of U.S. citizens and lawful permanent residents. This new program, called Deferred Action for Parental Accountability (DAPA), includes individuals who (i) are not removal priorities under the new policy, (ii) have been in the United States at least five years, (iii) have children who on the date of the announcement (November 20, 2014) were U.S. citizens or lawful permanent residents, and (iv) present no other factors that would make a grant of deferred action inappropriate. These individuals will be assessed for eligibility for deferred action on a case-by-case basis. They may then apply for work authorization, provided they pay a fee. Each individual will undergo a background check of relevant national security and criminal databases, including DHS and FBI databases. MEMO EXPLAINING THIS ACTION

A letter transmitted by 136 law professors to the White House on November 20, 2014, and updated on November 25, supports President Obama’s legal authority to expand the DACA program and to establish the DAPA program.

FULL TEXT OF THE STATES/GOVERNORS LAWSUIT

The memoranda summarized above, along with the White House address announcing the actions and related USCIS and ICE info, are available HERE.

MODERNIZING & STREAMLINING THE U.S. VISA SYSTEM

ESTABLISHING A WHITE HOUSE TASKFORCE ON NEW AMERICANS

Back to Top


2. USCIS Reminds EB-5 Regional Centers of December 29 Deadline To File I-924As

USCIS recently issued a reminder to all approved EB-5 regional centers with designation letters dated on or before September 30, 2014, that they must file Form I-924A, Supplement to Form I-924, for fiscal year 2014 by December 29, 2014.

If a regional center fails to file the I-924A, USCIS will issue a notice of intent to terminate participation in the EB-5 Immigrant Investor Program. If a regional center files an incomplete Form I-924A, USCIS may issue a notice of intent to terminate participation.

NOTICE

RELATED Q&A

Back to Top


3. DOL Discontinues H-2B Prevailing Wage Determinations Based on Employer-Provided Wage Surveys

The Department of Labor’s Office of Foreign Labor Certification recently announced that effective December 8, 2014, the Department is no longer issuing prevailing wage determinations (PWDs) in the H-2B program based on employer-provided wage surveys. The Department took this action in response to a court order entered December 5, 2014, in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, No. 14-3557 (3d Cir.). The court’s order vacated a portion of the H-2B wage rule (20 CFR § 655.10(f)) and 2009 wage guidance permitting the use of such surveys.

The Department said that PWD requests pending with the National Prevailing Wage Center (NPC) that seek to use employer-provided surveys will be given the appropriate Occupational Employment Statistics (OES) wage for the occupation. Employers who wish to use a Service Contract Act or Davis Bacon Act wage determination, or a wage based on a collective bargaining agreement, may request redetermination under 20 CFR § 655.10(g). Employers whose prevailing wage determination was based on an employer provided-wage survey, but whose H-2B applications for temporary employment certification have not yet resulted in a final determination by the Chicago NPC, will be notified of their new wage obligation along with their certification letters.

NOTICE

Back to Top


4. USDA Releases 2014 Farm Labor Survey, Used for H-2A Adverse Effect Wage Rates

The U.S. Department of Agriculture (USDA) recently issued the Farm Labor Survey (FLS) report establishing the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor relies on the average annual combined hourly wage for field and livestock workers to establish the Adverse Effect Wage Rates (AEWRs) in the H-2A agricultural worker program. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers similarly employed in the United States will not be adversely affected.

The Department said it is reviewing the USDA FLS average annual wage rates for 2014 and will soon publish a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state. At that time the rates will become immediately effective.

The FLS report notes that farm operators paid their hired workers an average wage of $12.12 per hour during the October 2014 reference week, up 1 percent from a year earlier. Field workers received an average of $11.52 per hour, up 1 percent from a year earlier. Livestock workers earned $11.29, up 3 percent. The field and livestock worker combined wage rate, at $11.46 per hour, was up 19 cents from October 2013. Hired laborers worked an average of 41.3 hours during the October 2014 reference week, compared with 41.7 hours a year earlier.

DEPARTMENT’S ANNOUNCEMENT

LATEST USDA FLS REPORT

Back to Top


5. New Publications and Items of Interes

The latest edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds a chapter on Singapore. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

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.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

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.

The list price is $299, but discounts are available. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584; or go to the Lexis/Nexis website.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. RECENT ABIL MEMBER BLOG

Back to Top


6. Member News

Vince Lau was a panelist on an AILA National Webinar, “Recent BALCA Cases That May Impact Your Next PERM Application,” held on Thursday, December 11, 2014.

Robert Loughran spoke on November 14, 2014, on U.S. professional and investor visas at the UTSA Texas International Business Accelerator’s foreign investor event, “Invirtiendo en Texas.” The goal of the event was to educate potential foreign entrepreneurs on how to invest in a business in Texas.

Mr. Loughran appeared on Austin’s KVUE on November 21, 2014, to discuss the human side of the president’s executive action on immigration and what documents potential applicants should begin gathering.

Mr. Loughran was quoted in the Houston Chronicle on the procedural and substantive defects of the lawsuit filed by Texas Attorney General Greg Abbott against the president’s executive action on immigration.

Mr. Loughran spoke on November 7, 2014, on the immigration implications of “Global Tax Planning for Multi-National Families: Coming and Going!,” which focused on the income, estate, and gift tax implications (and planning opportunities) affecting U.S. and foreign persons who exit or enter the United States, at the Annual Meeting of the California Tax Bar and California Tax Policy Conference in Coronado, California.

Cyrus Mehta co-authored several new blog entries. “Let’s Hope That’s What It Really Means: Does Executive Initiative Really Provide For Early Adjustment of Status” “Justice, Justice Shall Thou Pursue: Why the Lawsuit Against the Immigration Accountability Executive Actions Is a Waste of Time and Money”

Angelo Paparelli has published a new blog post. “Worksite Harmony and the President’s Executive Actions: It’s All About Immigration Timing”

Stephen Yale-Loehr was quoted in an article in the New York Times, “Some of the Rich Collect Art. Others Collect Passports,” about wealthy investors shopping for visas or citizenship, which was published on December 13, 2014. “I think that after 24 years, it’s appropriate for Congress to consider adjusting that level [referring to the $500,000 minimum for an EB-5 immigrant investor green card].”

Mr. Yale-Loehr was quoted in the December 9, 2014, issue of Bloomberg Businessweek about the diversity green card lottery. According to Mr. Yale-Loehr, “[a] lottery is not a way to run an immigration system. It doesn’t strengthen family ties, promote our economic interests, or rescue refugees. Congress should abolish the program.”

Back to Top


7. 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

Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on LinkedIn
  • Share by Mail
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 ABIL2014-12-15 00:00:442019-09-05 06:29:53News from the Alliance of Business Immigration Lawyers Vol. 10, No. 12B • December 15, 2014

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
News from the Alliance of Business Immigration Lawyers Vol. 10, No. 12A •... BELGIUM: Mandatory Fee for Some Residence Requests
Scroll to top