CANADA: Express Entry Program

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Since January 2015, when Citizenship and Immigration Canada (CIC) introduced Express Entry, a new permanent residence immigration process, the process has solidified and immigration practitioners are learning to navigate the online Express Entry system.

Express Entry is a points-based system that ranks candidates according to various human capital and personal criteria and allows CIC to issue a limited number of Invitations to Apply (ITAs) for permanent residence. Since January, CIC has issued approximately 13,000 ITAs to candidates to permit them to subsequently submit permanent residence applications. Following are highlights of the new system:

Express Entry draws. CIC “draws” of the highest-ranked candidates have been occurring every few weeks. For each draw, CIC establishes the minimum Comprehensive Ranking System (CRS) point score required to receive an ITA, which allows the agency to manage the intake of permanent residence applications. The minimum CRS score was initially very high—over 800 CRS points for the first three draws (886, 818, and 808 CRS points) early in the year, which required those who were drawn to have had a Labour Market Impact Assessment (LMIA) or Provincial Nomination Certificate in their favor, which grants a bonus 600 CRS points. Subsequent draws have dropped since March 2015 to the mid- to high-400’s CRS point range, with the lowest dips occurring at two draws at 453 CRS points on March 27, 2015, and on April 17, 2015. The minimum CRS score required to receive an ITA may continue to drop slightly for the remainder of the year, although it is unlikely to drop drastically.

Provincial Nominee Programs. Over the past months, the Canadian provinces have been implementing their own unique Express Entry Provincial Nominee Programs (PNPs), which are province-based selection programs that can accord a candidate 600 bonus points in Express Entry. Provinces have taken awhile to implement PNPs because of the need to move to electronic PNP systems that are compatible with Express Entry. British Columbia was the first province to implement a PNP for Express Entry and issue Provincial Nominee Certificates to applicants. Recently, Ontario has released its own PNP program, which encompasses both a Human Capital Stream and a French-Speaking Skilled Worker Stream. Other Canadian provinces with Express Entry PNPs include Saskatchewan, Nova Scotia, New Brunswick, and Prince Edward Island.

Documentary requirements. CIC has issued the majority of ITAs for permanent residence based on governmental discretion pursuant to the Federal Skilled Worker Program, as opposed to the Canadian Experience Class Program, even for those candidates working in Canada. Because the Federal Skilled Worker Program has additional documentary requirements, it is important to start gathering documents that may be needed even before an ITA is received and often before the Express Entry profile itself is created. Documents that often need to be uploaded in the online permanent residence application after receiving an ITA can include employment letters and pay slips for present and past employment, official language exam results (English and French), copies of police certificates, immigration medical examination receipts, copies of civil identity documents, and proof of settlement funds except for those working in Canada with certain work permits.

BELGIUM: 2015 Salary Thresholds and Requirements

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Belgium has established 2015 salary thresholds for fast-track work permits B and the European Union (EU) Blue Card. One of the requirements for some Belgian fast-track work permits B and for the Blue Card is a salary threshold: the annual gross remuneration must exceed an amount that is adjusted on a yearly basis. Work permits are processed by the Belgian Regions: Flanders, Brussels, and Wallonia.

The new salary thresholds effective January 1, 2015, are:

  • for highly skilled work permits: €39,802 in all 3 Regions (€39,422 for 2014);
  • for executive level work permits: €66,406 in Flanders and €66,405 in Brussels and Wallonia (€65,771 for 2014);
  • for Blue Cards: €51,466 in all three Regions (€50,974 for 2014).

Wallonia and Brussels have adopted legislation confirming that the salary must be paid in exchange for labor, and that the salary amount must be certain/fixed before the start of the employment in Belgium. Flanders applies the same rule.

The ministries issue a fast-track work permit B for highly skilled labor only if it is clear that the employee’s salary will exceed the threshold. The ministries take into account only amounts that will definitely be paid. A discretionary bonus cannot be considered when processing a work permit application.

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 2B • February 15, 2015

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Headlines:

1. Expanded DACA Starts February 18, USCIS Updates FAQ – Expanded DACA extends the deferred action period and employment authorization to three years from two years, and allows those to be considered for DACA if they meet certain conditions.

2. H-2B Cap Reached for First Half of FY 2015 – USCIS said that it is rejecting new cap-subject H-2B petitions received after January 26 and that request an employment start date before April 1.

3. Nebraska Joins E-Verify RIDE Program – The RIDE program allows E-Verify to validate the authenticity of driver’s licenses and state identification cards that employees present as identity documents for employment eligibility verification.

4. ABIL Submits Immigration Reform Proposals to USCIS – ABIL submitted comments on immigration policy to the U.S. Departments of State and Homeland Security in response to a Federal Register notice. ABIL included proposals on modernizing the U.S. immigrant and nonimmigrant visa system, including proposals for a right to counsel in person or electronically whenever an individual is interviewed by federal immigration authorities.

5. ABIL Pro Bono: Miller Mayer – Miller Mayer is helping a Cornell University student group aid Iraqi refugees, including many military translators, in resettling and applying for visas to the United States.

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

7. ABIL Member/Firm News – ABIL Member/Firm News

8. Government Agency Links – Government Agency Links

Details:

1. Expanded DACA Starts February 18, USCIS Updates FAQ

On February 11, 2015, U.S. Citizenship and Immigration Services (USCIS) updated its frequently asked questions (FAQ) to include information on expanded Deferred Action for Childhood Arrivals (DACA), effective February 18, 2015.

Expanded DACA extends the deferred action period and employment authorization to three years from two years, and allows those to be considered for DACA if they:

  • Entered the United States before the age of 16;
  • Have lived in the United States continuously since at least January 1, 2010 (rather than the previous requirement of June 15, 2007);
  • Are of any age (removes the requirement to have been born since June 15, 1981); and
  • Meet all other DACA guidelines.

USCIS noted that on February 18, 2015, the agency will begin accepting a new version of Form I-821D. USCIS will accept the edition dated 6/04/14 until April 20, 2015. After April 20, 2015, USCIS will accept only the new Form I-821D. The new version is very similar to the previous version of the I-821D, but has been revised to reflect the expanded DACA guidelines. Although USCIS will not accept requests for DACA under the new guidelines until February 18, USCIS suggested that individuals can begin to prepare their requests by gathering relevant evidence.

FEBRUARY 11 FAQ

I-821D FORM

LOCKBOX FILING TIPS

On November 20, 2014, President Obama also announced that, within six months, USCIS would begin accepting requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Persons may be considered for DAPA if they:

  • Have lived in the United States continuously since January 1, 2010, up to the present time;
  • Were physically present in the United States on November 20, 2014, and at the time of requesting consideration for DAPA with USCIS;
  • Had no lawful status on November 20, 2014;
  • Had, on November 20, 2014, a son or daughter, of any age or marital status, who is a U.S. citizen or lawful permanent resident; and
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors; do not otherwise pose a threat to national security; and are not an enforcement priority for removal.

INFORMATION ON DAPA

INFORMATION ON RECENT EXECUTIVE ACTIONS ON IMMIGRATION

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2. H-2B Cap Reached for First Half of FY 2015

USCIS has received a sufficient number of petitions to reach the congressionally mandated limit, or cap, of 33,000 on the total number of foreign nationals who may seek a visa or otherwise obtain H-2B status (nonagricultural temporary workers) for the first half of fiscal year (FY) 2015. January 26, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2015.

USCIS said that it is rejecting new cap-subject H-2B petitions received after January 26 and that request an employment start date before April 1. No cap numbers from the first half of FY 2015 will be available in the second half of FY 2015, which begins on April 1, 2015. The cap is 33,000 for the second half also.

USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap.

MORE INFORMATION ON CAP COUNT FOR H-2B NONIMMIGRANTS

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3. Nebraska Joins E-Verify RIDE Program

On February 1, 2015, Nebraska became the latest state to join E-Verify’s Records and Information from DMVs (RIDE) program. The other participating states are Mississippi, Florida, Idaho, and Iowa. RIDE links E-Verify with state departments of motor vehicles and state public safety offices. The program allows E-Verify to validate the authenticity of driver’s licenses and state identification cards that employees present as identity documents for Form I-9, Employment Eligibility Verification.

U.S. Citizenship and Immigration Services notes that driver’s licenses and ID cards account for nearly 80 percent of the documents used as proof of identity by employees for E-Verify.

FACT SHEETS ON STATE PROGRAMS The fact sheets include descriptions and images showing typical examples of driver’s licenses in each participating state.

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4. ABIL Submits Immigration Reform Proposals to USCIS

The Alliance of Business Immigration Lawyers (ABIL) submitted comments on immigration policy on January 29, 2015, to the U.S. Departments of State (DOS) and Homeland Security (DHS). The comments, which respond to a notice published in 79 Fed. Reg. 78458 (Dec. 30, 2014), included proposals on modernizing the U.S. immigrant and nonimmigrant visa system.

ABIL proposed several general administrative reforms to reduce the complexity of the immigration system, promote program integrity and transparency, and stem fraud and abuse, including:

  • creating a single administrative tribunal for all immigration appeals, to harmonize and reconcile the “crazy quilt” of immigration legal interpretations issued by various administrative tribunals;
  • expanding access to legal counsel whenever an individual is interviewed by federal immigration authorities;
  • eliminating the systemic penalties and consequences of regulations that chill the right of administrative and judicial appeal;
  • adopting an expansive definition of immigration successorship in interest;
  • creating an agency to support and protect the economic benefits of immigration within the Department of Commerce or another cabinet department;
  • creating explicit immigration protections and benefits for small businesses;
  • establishing an IRS-style “private-letter-ruling” procedure for immigration stakeholders;
  • developing a streamlined, fast-track process for immigration guidance; and
  • deferring I-9 and IRCA enforcement when employees intend to file for DACA or DAPA.

ABIL also addressed various questions DOS and DHS posed. In response to a query about the most important policy and operational changes that would streamline and improve the processing of visas at U.S. embassies and consulates, ABIL recommended expanding the I-601 provisional waiver program and allowing consular reviewability on a pilot basis for immigrant visas and specific employment-based nonimmigrant visa categories, and expanding the nonimmigrant visa reissuance program. To streamline and improve USCIS processing of visa petitions, ABIL recommended clarifying L-1B adjudications; establishing more predictability in E-2 adjudications; granting work authorization to more nonimmigrant spouses; extending the H-1B cap gap fix to J-1 exchange visitors; and allocating national interest waiver green cards to qualifying regions to stimulate the U.S. economy.

Among other things, DOS and DHS also asked what policy and operational changes would attract the world’s most talented entrepreneurs who want to start and grow businesses in the United States. ABIL recommended that DHS partner with states that wish to attract talented entrepreneurs from overseas. ABIL noted, for example, that Massachusetts has launched a “Global Entrepreneur in Residence” (GEIR) program. The GEIR facilitates partnerships with institutions of higher education to provide part-time work opportunities to foreign graduates who are entrepreneurs and want to grow their companies but cannot remain in the United States due to the H-1B visa cap. A university, as a cap-exempt employer, can sponsor a foreign national who will not be counted toward the numerical limitations. Nonprofit affiliates to institutions of higher education can also qualify as cap-exempt employers.

ABIL also suggested that USCIS make the H-1B visa process easier for entrepreneurs who have founded their own startups. Instead of requiring separate ownership and control over the entrepreneur, which may require an entrepreneur “who has given sweat and tears in organizing a startup…to cede all control in exchange for the H-1B visa,” USCIS should follow decisions that recognize the separate existence of a corporation as a distinct legal entity. As such, a corporation, even if it is owned and operated by a single person, may hire that person, and the parties will be in an employer-employee relationship.

ABIL’s recommendations on the EB-5 immigrant investor visa process included reducing processing times for EB-5 project applications; expediting I-526 processing for investors in an approved project; processing all I-526s in the same project together; implementing a separate processing queue for investors subject to quota retrogression; and having a separate processing line for direct EB-5 investors.

Finally, ABIL recommended substantially revamping the information technology infrastructure used for immigration benefits, including achieving interoperability of separate online databases maintained by disparate federal immigration agencies. ABIL also said that all electronic forms should include data fields that allow unlimited entry of text, since many questions cannot be answered fully with just “yes” or “no.”

ABIL COMMENTS, which contain additional recommendations and details.

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5. ABIL Pro Bono: Miller Mayer

Miller Mayer is helping a Cornell student group aid Iraqi refugees, including many military translators, in resettling and applying for visas to the United States.

Miller Mayer has been aiding the Cornell chapter of the Iraqi Refugee Assistance Project (IRAP) to expand its reach. IRAP is run by students and helps Middle East refugees resettle in the United States and other countries. Immigration attorneys help IRAP members to research legal issues, file visa applications, and appeal denied applications. Most of the refugees helped are Iraqi and Afghan military interpreters and translators working with U.S. and Coalition Forces. With the assistance of Alliance of Business Immigration Attorneys member and co-founder Stephen Yale-Loehr, Miller Mayer’s work has enabled IRAP to add clients and thus enlarge its mission.

ARTICLE about IRAP’s work and Miller Mayer’s assistance.

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6. New Publications and Items of Interest

USCIS Ombudsman teleconference on employment-based immigration. U.S. Citizenship and Immigration Services’ (USCIS) Ombudsman’s office will hold a teleconference on February 19, 2015, from 2 to 3 pm, on H-1B and H-2 temporary workers and the role of USCIS, the Department of Labor, and the Department of State during the highly compressed time frames required by these petitions. Ombudsman Maria Odom will lead the discussion. Q&A will follow the presentation. To register, send an e-mail with “Employment-Based Programs” in the subject line by February 16 to CISOmbudsman.PublicAffairs@hq.dhs.gov. Teleconference call-in information will be provided upon RSVP.

State challenges to federal enforcement of immigration law. The Congressional Research Service has published “State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation.” The report notes, among other things, that many states’ constitutional and statutory claims challenging the federal government on immigration matters have failed in the past. Some of the reasons for failure have included the claims’ having involved nonjusticiable “political questions” or that the actions in question were committed to agency discretion by law and thus not reviewable by the courts. The report also describes the challenge brought by over 20 states in 2014 to the recently announced expansion of DACA. The report concludes by exploring how the pending litigation resembles, and differs from, the prior litigation.

E-Verify for executives webinar. USCIS will hold a webinar for executives on February 25, 2015, at 2 pm ET, addressing high-level questions about E-Verify. MORE INFORMATION TO REGISTER

More languages for E-Verify employee rights video. USCIS and the Department of Homeland Security’s Office for Civil Rights and Civil Liberties have updated the E-Verify “Employee Rights and Responsibilities” video with closed captioning in six additional languages: Chinese (traditional), French, Korean, Russian, Tagalog, and Vietnamese (click on the video link, then “CC” at the bottom to reveal the captions). VIDEO (click on “Video: Employee Rights and Responsibilities”), VIDEO (click on the language and then the video link), and VIDEO.

E-Verify employee rights webinar. USCIS will hold an Employment Eligibility Verification Employee Rights Webinar on February 26, 2015, at 1 pm ET (English) or February 18, 2015, at 3 pm (Spanish). TO REGISTER (English) TO REGISTER (Spanish)

Educational video for employers about Salvadoran TPS. The U.S. Department of Justice recently launched an educational video reminding employers that Salvadorans with temporary protected status (TPS) may continue working beyond the March 9, 2015, expiration date of their employment authorization documents. The video also cautions employers that requesting additional documents from these workers may violate anti-discrimination law. The announcement of the video includes additional details.

EB-5 stakeholders call on source-of-funds RFEs. USCIS will hold an EB-5 stakeholders call on source-of-funds requests for evidence (RFEs) on February 26, 2015, from 1 to 2:15 pm ET. The topic will be lawful sources of funds used for capital investment in the EB-5 program. USCIS will discuss common reasons why petitioners receive RFEs and types of evidence that are helpful to submit. Participants will have the opportunity to share their experiences in demonstrating a lawful source of funds for capital investment. MEETING NOTICE TO REGISTER. If you have any questions about participating, or if you do not receive a confirmation email within two business days after registering, email Public.Engagement@uscis.dhs.gov.

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

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7. ABIL Member/Firm News

Robert F. Loughran presented Executive Actions on Immigration on February 4, 2015, as part of the Greater Houston Partnership’s Continuing Education Series. MORE INFORMATION

Cyrus Mehta has co-authored several new blog entries. “Who is ‘Lawfully Present’ Under the Affordable Care Act?” “Myth or Reality: Is the DHS Truly Serious About Visa Modernization for the 21st Century?”

Mr. Mehta was interviewed on BBC World News about President Obama’s executive actions on immigration.

Angelo Paparelli has published a new blog entry on crowd-sourcing in immigration, “Immigration on a Clean Slate: Game-Changing Proposals on Visa Modernization”

Stephen Yale-Loehr was quoted in The New Indian Express on February 15, 2015, in an article about green cards and the diversity visa lottery, “The Green Signal for a New Life in the Land of Opportunity.” Mr. Yale-Loehr said, “A lottery is not a good way to organize an immigration system. It doesn’t strengthen family bonds, it is not conducive to our economic interests and it doesn’t rescue any refugees. Congress should abolish the program.”

Mr. Yale-Loehr recently authored “What EB-5 Investors Need To Know About the CSPA,” which was published in Bender’s Immigration Bulletin, available by subscription to LexisNexis.

Mr. Yale-Loehr and H. Ronald Klasko will speak at an EB-5 Innovation Summit on February 24, 2015, in New York City sponsored by NES Financial. FOR MORE INFORMATION OR TO REGISTER.

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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

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News from the Alliance of Business Immigration Lawyers Vol. 11, No. 2A • February 01, 2015

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Headlines:

1. DHS Considers ‘Known Employer’ Program To Aid Business Travel – DHS expects to launch a pilot by late 2015 to test the program.

2. HHS Updates Poverty Guidelines – Among other things, the poverty guidelines are used in determining minimum income requirements for Form I-864, Affidavit of Support, and Form I-912, Fee Waiver Request.

3. USCIS Issues Reminder for Requesting DACA – Those requesting either initial or renewal Deferred Action for Childhood Arrivals (DACA) must submit an application for employment authorization and required fees.

4. ABIL Global: Mexico – The new “Temporary Migration Regularization Program” took effect January 13.

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

6. Member News – Member News

7. Government Agency Links – Government Agency Links

Details:

1. DHS Considers ‘Known Employer’ Program To Aid Business Travel

The Department of Homeland Security (DHS) is considering a “Known Employer” pilot program to streamline adjudication of certain types of employment-based immigration benefit requests filed by eligible U.S. employers.

DHS expects to launch the pilot by late 2015 to test the program, which is designed to make adjudications more efficient and less costly, and reduce paperwork and delays for both the department and U.S. employers who seek to employ foreign workers.

U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement will jointly implement the pilot program. A goal is to expedite or otherwise facilitate legitimate cross-border business travel along the northern border ports of entry. “Doing so is a binational commitment under the North American Free Trade Agreement as well as the U.S.-Canada Beyond the Border initiative,” DHS explained.

In particular, the U.S. and Canadian governments intend to “explore the feasibility of incorporating a trusted employer concept in the processing of business travelers between Canada and the United States.”

Additional information about the Known Employer program will be provided in the coming months.

BACKGROUND AND UPDATES

DHS seeks input on the Beyond the Border initiative, which can be emailed to beyondtheborder@hq.dhs.gov or mailed to Beyond the Border Coordinator, U.S. Department of Homeland Security, Mailstop 0455, Washington, DC 20016.

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2. HHS Updates Poverty Guidelines

The Department of Health and Human Services (HHS) has updated the poverty guidelines effective January 22, 2015. Among other things, the poverty guidelines are used in determining minimum income requirements for Form I-864, Affidavit of Support, and Form I-912, Fee Waiver Request.

The latest guidelines were published in the FEDERAL REGISTER.

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3. USCIS Issues Reminder for Requesting DACA

U.S. Citizenship and Immigration Services (USCIS) issued the following reminder on January 20, 2015:

If you request either initial or renewal Deferred Action for Childhood Arrivals (DACA), you must submit Form I-765, Application for Employment Authorization and required fees. USCIS will reject your request if you fail to submit Form I-765, the required filing fee, Form I-765 Worksheet, and Form I-821D, Consideration of Deferred Action for Childhood Arrivals. For complete instructions on requesting DACA, go to the Consideration of Deferred Action for Childhood Arrivals (DACA) page.

For DACA renewals, USCIS strongly encourages you to submit your renewal request between 150 days and 120 days before the expiration date located on your current Form I-797 DACA approval notice and Employment Authorization Document. Filing during this window will minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request.

USCIS’ current goal is to process DACA renewal requests within 120 days. However, you may submit an inquiry about the status of your renewal request after it has been pending more than 105 days. To submit an inquiry, please visit egov.uscis.gov/e-request or call the National Customer Service Center at 1-800-375-5283 (TDD for the hearing impaired: 1-800-767-1833).

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4. ABIL Global: Mexico

The new “Temporary Migration Regularization Program” took effect January 13.

On January 12, 2015, the Mexican government published an announcement in the Federal Official Gazette about the “Temporary Migration Regularization Program,” which became effective the day after and will expire on December 18, 2015.

The program incorporates requirements and procedures temporarily applicable to foreigners who entered Mexico legally before November 9, 2012, and who, as of January 13, 2015, have been living in Mexico under an irregular migration status.

The program establishes that if the migration authority resolves the migration filing as approved (taking into account that the interested individual filed a migration regularization application), the authority will grant temporary resident status for four years with the possibility of requesting a work permit with authorization to perform remunerated activities in Mexico.

This program is aligned with various strategies of the Mexican government that promote specific actions to guarantee protection of the human rights of immigrants under unfavorable conditions, such as irregular status, which often represents a risk to their security, access to health services, and development in society.

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5. New Publications and Items of Interest

Sen. Coburn report on DHS. Sen. Tom Coburn has released an oversight report, A Review of the Department of Homeland Security’s Missions and Performance, which finds that the DHS is not successfully executing any of its main missions. For example, the report finds that DHS is not effectively administering or enforcing immigration laws, and 700 miles of the southern border remain unsecured.

SUMMARY AND FULL REPORT

New keyword search function on labor certification FAQs. The Department of Labor’s Office of Foreign Labor Certification (OFLC) has updated the FAQ page of its official website with a new keyword search function, Search FAQs. Users may now search the FAQ page by using a single keyword or exact phrase to identify items in the FAQ database. A Tip Sheet has been developed to assist with use of the Search FAQs tool.

FAQs PAGE AND SEARCH FAQs TIP SHEET

GUIDE

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

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6. Member News

Laura Devine won the “Entrepreneurial Woman of the Year” award at Citywealth’s Power Women Awards 2015, held on January 22 in London, England. The awards recognize individuals and companies who maximize the potential of women in wealth, champion female leadership, and celebrate diversity. Citywealth said that Ms. Devine “has shown outstanding enterprise in successfully founding, expanding and maintaining a thriving specialist law practice, based in London but global in reach. She has excelled in her chosen field of immigration law, especially for high net worth individuals.This has called not only for high professional ability but also for strong leadership qualities combined with initiative and stamina.” MORE INFORMATION ON THE AWARDS

Klasko Immigration Law Partners, LLP, named one of the United States’ top immigration law firms by U.S. News and World Report, has launched a compliance practice to complement its world-renowned EB-5 visa practice headed by firm chairman H. Ronald Klasko. Mr. Klasko was recently recognized again by EB-5 Investor Magazine as one of the top 25 attorneys in the United States for EB-5 matters.

Robert Loughran spoke on January 29, 2015, at the Society for Human Resource Management (SHRM) Chapter meeting in Lubbock, Texas, on the latest immigration developments affecting employers.

Cyrus Mehta has co-authored a new blog entry. “Squaring the Immigration Circle: New Hope for an Old System”

Stephen Yale-Loehr was quoted in the Epoch Times on January 21, 2015, in an article about the Republican Party’s response to President Obama’s State of the Union Address. Mr. Yale-Loehr noted that “[Sen. Jeff Sessions’ (R-Ala.) opposition to an immigration reform bill] shows the tension within the Republican Party. You’ve got some members who want to be accommodating on immigration because they want to attract the Latino vote for 2016, whereas others are firmly anti-immigrant and want to focus solely on strengthening our borders and deporting as many illegal immigrants as possible.” He also said that “Sessions could make sure [an immigration reform bill] never gets to the floor. More likely he would amend it to make it what he thinks should be the final bill and see if that gets through the Senate.” Mr. Yale-Loehr said that any immigration legislation in the next two years was likely to be in “bite-size packages” and not to resemble the comprehensive Senate bill from 2013.

Mr. Yale-Loehr and Mr. Klasko will speak at the EB-5 Innovation Summit on February 24, 2015, in New York City sponsored by NES Financial. FOR MORE INFORMATION OR TO REGISTER.

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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

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