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ABIL Submitted Comments on Retaining Immigrant Employees & Program Improvements

February 29, 2016/in News /by ABIL

On February 29, 2016, ABIL submitted comments to the USCIS with suggestions regarding the retention of EB?1, EB?2 and EB?3 immigrant workers and program improvements affecting high?skilled nonimmigrant workers.

Download

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 ABIL2016-02-29 21:42:232019-01-03 21:42:49ABIL Submitted Comments on Retaining Immigrant Employees & Program Improvements

News from the Alliance of Business Immigration Lawyers Vol. 12, No. 2B • February 15, 2016

February 15, 2016/in Immigration Insider /by ABIL

Headlines:

1. U.S. Implements VWP Changes in Response to Terrorism Concerns -Under the new “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015,” travelers in several categories are no longer eligible to travel or be admitted to the United States under the VWP.

2. USCIS Advises Employers To Identify Returning Workers Who Are Exempt From FY 2016 H-2B Cap -USCIS reminds employers that H-2B workers identified as “returning workers” are exempt from the FY 2016 annual H-2B cap. USCIS is urging H-2B employers to identify returning workers when filing petitions.

3. State Dept. Estimates Visa Number Availability in the Coming Months -The Department of State’s Visa Bulletin for March 2016 includes estimates of visa number availability (potential monthly movement) in the coming months.

4. DHS Extends TPS for Sudan -Last month, DHS announced that it was extending and redesignating temporary protected status (TPS) for South Sudan. DHS has also announced that it is extending the designation of Sudan for TPS for 18 months, from May 3, 2016, through November 2, 2017.

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

6. ABIL Member/Firm News -ABIL Member/Firm News

7. Government Agency Links -Government Agency Links


Details:

1. U.S. Implements VWP Changes in Response to Terrorism Concerns

On January 21, 2016, the United States began implementing changes to the Visa Waiver Program (VWP) under the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015.” Under this new law, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the VWP:

  • Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country)
  • Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria

The Department of Homeland Security (DHS) said these individuals will still be able to apply for visas using the regular immigration process at U.S. embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates will process applications on an expedited basis.

Under the new law, travelers who currently have valid Electronic System for Travel Authorizations (ESTAs) and who have previously indicated holding dual nationality with one of the four countries listed above on their ESTA applications will have their ESTAs revoked.

The Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted on a case-by-case basis. As a general matter, categories of travelers who may be eligible for a waiver include:

  • Individuals who traveled to Iran, Iraq, Sudan, or Syria on behalf of international organizations, regional organizations, and sub-national governments on official duty;
  • Individuals who traveled to Iran, Iraq, Sudan, or Syria on behalf of a humanitarian nongovernmental organization (NGO) on official duty;
  • Individuals who traveled to Iran, Iraq, Sudan, or Syria as journalists for reporting purposes;
  • Individuals who traveled to Iran for legitimate business-related purposes following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015); and
  • Individuals who traveled to Iraq for legitimate business-related purposes.

In addition, DHS said it will continue to explore whether and how the waivers can be used for dual nationals of Iraq, Syria, Iran, and Sudan. The Department of State has recommended including waivers for dual nationals who emigrated from Iran in the aftermath of the Revolution, dual-Iranian nationals who were born outside of Iran, and dual-Iranian nationals traveling to the United States for business purposes or as part of official duties as an employee of a humanitarian NGO.

Any travelers who receive notification that they are no longer eligible to travel under the VWP are still eligible to travel to the United States with valid nonimmigrant visas issued by a U.S. embassy or consulate. Such travelers must appear for interviews and obtain visas in their passports at a U.S. embassy or consulate before traveling to the United States.

The new law does not ban travel to the United States, or admission into the United States, and most VWP travelers will not be affected by the legislation.

An updated ESTA application with additional questions is expected to be released in late February 2016 to address exceptions for diplomatic and military-related travel provided for in the new law.

DHS’s ANNOUNCEMENT

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2. USCIS Advises Employers To Identify Returning Workers Who Are Exempt From FY 2016 H-2B Cap

U.S. Citizenship and Immigration Services (USCIS) recently reminded employers that effective December 18, 2015, H-2B workers identified as “returning workers” are exempt from the fiscal year (FY) 2016 annual H-2B cap of 66,000 visas. USCIS urges H-2B employers to identify returning workers when filing petitions.

A returning worker is defined as an H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015. USCIS noted that this means:

  • In general, if the employer submits a petition requesting an employment start date in FY 2016 (from October 1, 2015, through September 30, 2016) for an
    H-2B worker, the H-2B worker can only be considered a returning worker if he or she had been previously issued an H-2B visa or provided H-2B status between October 1, 2012, and September 30, 2015.
  • If the prospective worker is in the United States in H-2B status, and is seeking to extend his or her stay, change employers, or change the terms and conditions of employment, then the worker would not be counted toward the H-2B cap and the employer would not need to request classification of the person as a returning worker.
  • Any prospective H-2B worker who does not qualify as a returning worker will be subject to the FY 2016 H-2B cap unless he or she has previously been counted toward the H-2B cap or is cap-exempt.

USCIS noted that under the Consolidated Appropriations Act of 2016, the returning worker program only applies to petitions pending or approved on or after December 18, 2015, requesting named H-2B workers with an employment start date beginning in FY 2016.

Filing Requirements

In addition to the current rules regarding the filing and processing of Form I-129, Petition for a Nonimmigrant Worker, the following additional requirements apply for H-2B returning workers, USCIS said:

  • Certification: In the petition, the employer must complete and include the H-2B Returning Worker Certification, which must be signed by the same person who signed Part 7 of the I-129. The certification states: “As a supplement to the certification made on the attached Form I-129, Petition for a Nonimmigrant Worker, I further certify that the workers listed below have been issued an H-2B visa or changed to H-2B status during one of the last three (3) fiscal years.”
  • Named workers: The H-2B Returning Worker Certification must include the full name of the returning worker. If the returning worker is in the United States and the employer is petitioning to change his or her status to H-2B, it may be in in the employer’s interest to include evidence of previous H-2B admissions, such as a copy of the worker’s visa, to prevent processing delays.
  • Multiple workers: A single petition may be filed on behalf of more than one worker. However, any returning workers must be listed on the H-2B Returning Worker Certification. For multiple named workers, “Attachment 1” to the I-129 (pages 35 and 36) must also be completed, and USCIS recommends that employers file petitions for returning workers separately from petitions for new
    H-2B workers.
  • If the petition is approved: The U.S. Consulate may deny visas, or a U.S. Customs and Border Protection (CBP) port inspector may refuse admission, if workers cannot be confirmed as returning workers, or are otherwise ineligible for admission or visa issuance. USCIS said the Departments of Homeland Security and State will work together to confirm that all certified returning workers qualify for the program.

Petitioners: An employer may request to designate H-2B workers as returning workers if the employer named beneficiaries who meet the definition of returning workers on an H-2B petition that was pending or approved on or after December 18, 2015, but did not include the required certification. In such cases, the employer should submit by March 4, 2016, the H-2B Returning Worker Certification with a copy of the Form I-797 receipt notice to the address where the employer filed the petition. The employer should write “Attn: H-2B Supervisor” on the envelope. This certification must meet the signature and named worker requirements listed above.

Each petition must include a temporary labor certification (TLC) from the Department of Labor (DOL). The process for TLCs is described on the DOL website. USCIS will accept a copy of the TLC in cases where the original TLC has previously been accepted by USCIS.

USCIS ANNOUNCEMENT

I-129 FORM

H-2B Returning Worker Certification

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3. State Dept. Estimates Visa Number Availability in the Coming Months

The Department of State’s Visa Bulletin for March 2016 includes estimates of visa number availability (potential monthly movement) in the coming months. Estimates for the employment-based categories include:

Employment First: Current

Employment Second:

Worldwide: Current

China: Up to five months

India: Up to three months

Employment Third:

Worldwide: The rapid forward movement of this cut-off date during the past 10 months should generate a significant amount of demand for numbers. When such demand begins to materialize, it will be necessary to limit movement of this cut-off date.

China: Up to five months

India: Up to one month

Mexico: Will remain at the Worldwide date

Philippines: Up to four months

Employment Fourth: Current for most countries

Employment Fifth: This category will remain “Current” for most countries.

China-mainland born: Slow forward movement

The above projections for the employment categories indicate what is likely to happen on a monthly basis through June based on current applicant demand patterns, the Visa Bulletin explains. Recent trends in cut-off date movements are not guaranteed for the future, and it is possible that “corrective” action may be required to maintain number use within the applicable annual limits. The Visa Bulletin notes that determinations of the actual monthly cut-off dates are subject to fluctuations in applicant demand and a number of other variables.

VISA BULLETIN FOR MARCH 2016

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4. DHS Extends TPS for Sudan

Last month, the Department of Homeland Security (DHS) announced that it was extending and redesignating temporary protected status (TPS) for South Sudan. DHS has also announced that it is extending the designation of Sudan for TPS for 18 months, from May 3, 2016, through November 2, 2017. DHS said it determined that an extension of the current designation was warranted because of the ongoing armed conflict and extraordinary and temporary conditions that prevent Sudan’s nationals from returning safely.

Current TPS Sudan beneficiaries seeking to extend their TPS status must re-register during a 60-day period that began January 25, 2016, and runs through March 25, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible.

The 18-month extension also allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Sudan TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of November 2, 2017. USCIS said it recognizes that some re-registrants may not receive their new EADs until after their current work permits expire. Therefore, USCIS is automatically extending current TPS Sudan EADs bearing a May 2, 2016, expiration date for an additional 6 months. These existing EADs are now valid through November 2, 2016.

NOTICE

RELATED FEDERAL REGISTER NOTICE

ADDITIONAL INFORMATION ON HOW TO FILE

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5. New Publications and Items of Interest

The latest E-Verify webinar schedule from USCIS is available HERE.

The 2015 edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) 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 chapters on Ghana and Peru. 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, Singapore, 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 $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584

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

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6. ABIL Member/Firm News

Several ABIL members or members of ABIL firms are featured in new videos and training sessions from the Alliance of Business Immigration Lawyers. The videos include:

  • Stephen Yale-Loehr —EB-5 Immigrant Visa Category
  • David Fullmer, Vince Lau, Lois Magee, Mi-Rang Yoon—Training Visas

Steven Garfinkel has published an article, “Corporate Immigration Policies: A Survey”

Ronald Klasko and Dan Lundy of Klasko Immigration Law Partners received awards for their expertise and leadership in the EB-5 industry during the Third Annual Las Vegas EB-5 Conference sponsored by EB5 Investors Magazine. Mr. Klasko was recognized as the “thought leader” in EB-5, and Mr. Lundy was recognized as the “go to” attorney for complex EB-5 legal matters. Featuring keynote speaker Congressman Jared Polis (D-CO) and the first-ever migration agent training workshop, the conference welcomed 800 regional centers, attorneys, and EB-5 program stakeholders.

Mr. Klasko was recently interviewed on the expiration of the present regional center program and changes that are likely to occur in the EB-5 program, published in “It may get harder for rich Chinese to buy green cards,” CNNMoney.

Charles Kuck was featured in a podcast on growing an immigration law firm, “Charles Kuck: The Power of Serving in a National Association.”

Mr. Kuck was quoted in International Business Times in “Immigration Reform 2016: Do Federal Raids Need Warrants? Undocumented Immigrants Denied Civil Rights, Advocates Say,” published on January 28, 2016. Mr. Kuck said, “It just doesn’t seem right to send back women and children who were truly fleeing for their lives, especially since the Obama administration rigged the system against these people. You are enforcing the law, but you are doing it at the consequence of human rights.”

Robert Loughran was quoted in the Dallas Morning News on Texas’ efforts to halt placement of Syrian refugees. Mr. Loughran offered his expertise on the merits of the case and reasons why the state withdrew its request for a temporary restraining order.

Cyrus Mehta has co-authored a new blog entry. “The H-1B and L-1 Punitive Super Fee Rears Its Ugly Head Again.” Mr. Mehta has also authored a new blog entry. “A Trap For The Unwary: Equivalent Degrees and Alternate Requirements in Labor Certification Applications.”

Bernard Wolfsdorf, Mr. Klasko, and Mr. Yale-Loehr will speak on various EB-5 issues at the sixth annual Invest in America Summit in Shanghai, Beijing, and Shenzhen, China, between March 12 and 19, 2016. For more details or to register.

Mr. Yale-Loehr will speak at an EB-5 seminar offered by iGlobal Forum at the Pierre Hotel in New York City on Wednesday, February 24, 2016. For more details or to register.

Mr. Yale-Loehr will speak on advanced asylum issues at a conference sponsored by the New England chapter of the American Immigration Lawyers Association on Friday, March 4, 2016, at the Federal Reserve Bank building in Boston, Massachusetts. For more details 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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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 ABIL2016-02-15 00:00:432019-09-04 13:18:26News from the Alliance of Business Immigration Lawyers Vol. 12, No. 2B • February 15, 2016

News from the Alliance of Business Immigration Lawyers Vol. 12, No. 2A • February 01, 2016

February 01, 2016/in Immigration Insider /by ABIL

Headlines:

1. DHS Revises Regs on H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants -DHS said the final rule does not impose any additional costs on employers, workers, or any governmental entity.

2. Court Delays STEM OPT Ruling, Preserving Current STEM OPT Program -DHS persuaded the court that it was working diligently to evaluate more than 50,000 comments and promulgate a final rule, but was unable to do so in time for a new rule to be effective by February 12, 2016. The court modified its order to leave the current STEM OPT rule in effect until the new May 10, 2016, deadline.

3. OSC Responds to Query on Steps to Follow After Internal I-9 Audit -An attorney asked what steps a client should take with respect to employee-submitted green cards that the attorney found doubtful, and whether the attorney was obligated to train the client on what to look for in a valid green card.

4. DHS Extends and Redesignates TPS for South Sudan -DHS has determined that an extension of the current designation and a redesignation of South Sudan for TPS are warranted because the ongoing armed conflict and extraordinary and temporary conditions that prompted the 2014 TPS redesignation have persisted, and in some cases deteriorated.

5. New York Immigration Attorney Arrested for Immigration Fraud, Aggravated Identity Theft -According to the complaint, the attorney allegedly engaged in a scheme to use personal information contained in legitimate immigration documents for fraudulent purposes.

6. Supreme Court Agrees to Hear DAPA Case -The Supreme Court has agreed to hear a case challenging President Obama’s November 2014 executive actions to temporarily shield certain undocumented children and parents from removal. The Supreme Court is expected to decide the case in late June.

7. ABIL Global: China -Companies filing for work permits in Beijing must receive preapproval.

8. New Publications and Items of Interest -New Publications and Items of Interest

9. ABIL Member/Firm News -ABIL Member/Firm News

10. Government Agency Links -Government Agency Links


Details:

1. DHS Revises Regs on H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants

In a final rule effective February 16, 2016, the Department of Homeland Security (DHS) is amending its regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile, Singapore (H-1B1), and Australia (E-3); the immigrant classification for employment-based first preference (EB-1) outstanding professors and researchers; and nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification.

Specifically, the final rule amends DHS regulations to:

  • Include H-1B1 and principal E-3 classifications in the list of classes of foreign nationals authorized for employment incident to status with a specific employer. This means that
    H-1B1 and principal E-3 nonimmigrants can work for a sponsoring employer without having to apply separately for employment authorization;
  • Authorize continued employment with the same employer for up to 240 days for an H-1B1 or principal E-3 nonimmigrant whose status has expired while his or her employer’s timely filed extension of stay request remains pending;
  • Provide this same continued employment authorization for a CW-1 nonimmigrant whose status has expired while his or her employer’s timely filed Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, request for an extension of stay remains pending;
  • Include principal E-3 and H-1B1 nonimmigrant classifications in existing regulations on the filing procedures for extensions of stay and change of status requests; and
  • Allow employers petitioning for EB-1 outstanding professors and researchers to submit initial evidence comparable to the other forms of evidence already listed in 8 CFR § 204.5(i)(3)(i), much like certain employment-based immigrant categories that already allow for submission of comparable evidence.

DHS said the final rule does not impose any additional costs on employers, workers, or any governmental entity. Further, DHS noted, changing the employment authorization regulations for H-1B1 and E-3 nonimmigrants “makes them consistent with other similarly situated nonimmigrant worker classifications.” Additionally, this rule “minimizes the potential of employment disruptions for U.S. employers of H-1B1, E-3, and CW-1 nonimmigrant workers.” Finally, DHS expects that this change “will help U.S. employers recruit EB-1 outstanding professors and researchers by expanding the range of evidence that U.S. employers may provide to support their petitions.”

DHS ANNOUNCEMENT

FINAL RULE

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2. Court Delays STEM OPT Ruling, Preserving Current STEM OPT Program

The U.S. District Court for the District of Columbia has accepted the Department of Homeland Security’s (DHS) request to modify the court’s stay of its ruling that the agency invalidly issued its 2008 rule on STEM OPT (optional practical training for students in science, technology, engineering, and mathematics). The court modified the stay to give DHS an additional 90 days, until May 10, 2016, to re-issue the STEM OPT rule using valid notice-and-comment procedures.

DHS issued a proposed rule on October 19, 2015, and received more than 50,000 comments. The agency persuaded the court that it was working diligently to evaluate those comments and promulgate a final rule, but was unable to do so in time for a new rule to be effective by the February 12, 2016, deadline. The court modified its order to leave the current STEM OPT rule in effect until the new May 10, 2016, deadline.

DHS argued that it needed only the 90-day extension and that it would be able to publish the final rule in time to meet that deadline. The court said it would grant no further extensions.

The plaintiff, Washington Alliance of Technology Workers, said it planned to appeal the extension.

D.C.’S COURT OPINION FROM JANUARY 23, 2016

D.C.’S COURT OPINION FROM AUGUST 12, 2015

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3. OSC Responds to Query on Steps to Follow After Internal I-9 Audit

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently responded to an attorney who asked how to advise her client following an internal audit of the client’s I-9 employment authorization verification forms. The attorney asked specifically what steps the client should take with respect to permanent resident cards (Forms I-551) that the attorney found doubtful, and whether the attorney was obligated to train the client on what to look for in a valid green card or whether such training would be outside the scope of what the employer should be trained to do, since that could take the employer beyond the “reasonable person” standard.

OSC noted that it cannot give an advisory opinion on any particular set of facts, only general guidelines. OSC said that to prevent discrimination, an employer or representative conducting an internal I-9 audit should conduct it in a consistent manner, treating similarly situated employees in a similar manner. Employees should not be treated differently based on citizenship, immigration status, or national origin. For example, an employer should apply the same level of scrutiny to all employees’ I-9 documentation and not single out for review the I-9 forms of employees from a particular country or immigration status.

In response to the attorney’s specific question about doubtful green cards, OSC referred to joint guidance recently issued by OSC and U.S. Immigration and Customs Enforcement (ICE), which reminds employers that they are required to accept original I-9 documentation that “reasonably appears to be genuine and to relate to the individual presenting the documentation.” If an employer conducting an internal I-9 audit concludes, based on a photocopy, that the document does not appear genuine or reasonably related to the employee, the employer should address its concern with the employee and provide the employee an opportunity to choose a different document to present from the I-9’s Lists of Acceptable Documents. However, OSC noted, the employee can also give the employer the originally presented document and, if the employer determines that it appears genuine and reasonably related to the employee, the employer must accept that document and not request additional documents. If the employer, on the other hand, determines that the original document does not appear genuine or reasonably related to the employee, “the employer should provide the employee with an opportunity to choose a different document to present from the Lists of Acceptable Documents.”

Regarding whether the attorney’s firm must train her client on “what to look for in a valid green card,” OSC directed her to ICE guidance.

OSC’s RESPONSE

JOIN OSC-ICE GUIDANCE referenced in the response, “Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits”

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4. DHS Extends and Redesignates TPS for South Sudan

The Department of Homeland Security (DHS) announced on January 25, 2016, that it is extending the designation of South Sudan for temporary protected status (TPS) for 18 months, from May 3, 2016, through November 2, 2017, and redesignating South Sudan for TPS for 18 months, effective May 3, 2016, through November 2, 2017.

DHS said it determined that an extension of the current designation and a redesignation of South Sudan for TPS are warranted because the ongoing armed conflict and extraordinary and temporary conditions that prompted the 2014 TPS redesignation have persisted, and in some cases deteriorated, and would pose a serious threat to the personal safety of South Sudanese nationals if they were required to return to their country. Although the parties to the conflict signed a peace agreement in August 2015, violence persists in many parts of the country, and the implementation of the peace agreement is halting to date, DHS noted.

The notice, from U.S. Citizenship and Immigration Services (USCIS), states that the extension allows currently eligible TPS beneficiaries to retain TPS through November 2, 2017, so long as they otherwise continue to meet the eligibility requirements for TPS. The redesignation of South Sudan allows additional individuals who have been continuously residing in the United States since January 25, 2016, to obtain TPS if otherwise eligible.

DHS also set forth procedures necessary for eligible nationals of South Sudan (or individuals having no nationality who last habitually resided in South Sudan) either to: (1) re-register under the extension if they already have TPS and to apply for renewal of their employment authorization documents (EADs) with USCIS; or (2) submit an initial registration application under the redesignation and apply for an EAD.

For individuals who have already been granted TPS, the 60-day re-registration period runs from January 25, 2016, through March 25, 2016. USCIS will issue new EADs with a November 2, 2017, expiration date to eligible South Sudan TPS beneficiaries who timely re-register and apply for EADs under this extension. Given the time frames involved with processing TPS re-registration applications, DHS said it recognizes that not all re-registrants will receive new EADs before their current EADs expire on May 2, 2016. Accordingly, DHS is automatically extending the validity of EADs issued under the TPS designation of South Sudan for 6 months, through November 2, 2016. The notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and their impact on the employment eligibility verification (Form I-9) and E-Verify processes.

Under the redesignation, individuals who currently do not have TPS (or an initial TPS application pending) may submit an initial application during the 180-day initial registration period that runs from January 25, 2016, through July 25, 2016. In addition to demonstrating continuous residence in the United States since January 25, 2016, and meeting other eligibility criteria, initial applicants for TPS under the redesignation must demonstrate that they have been continuously physically present in the United States since May 3, 2016, the effective date of the redesignation of South Sudan.

Initial TPS applications that were filed under South Sudan’s 2011 designation or the 2013 or 2014 redesignations and remained pending on January 25, 2016, will be treated as initial applications under this redesignation. Individuals who have a pending initial South Sudan TPS application do not need to file a new Application for TPS (Form I-821). DHS provided additional instructions in the notice for individuals whose TPS applications remain pending and who would like to obtain an EAD valid through November 2, 2017.

NOTICE

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5. New York Immigration Attorney Arrested for Immigration Fraud, Aggravated Identity Theft

U.S. Citizenship and Immigration Services (USCIS) announced on January 15, 2016, that it played a “critical role” in an investigation leading to the arrest of New York attorney Gnoleba Seri for immigration fraud and aggravated identity theft. Homeland Security Investigations arrested Mr. Seri the same day in New York.

According to the complaint against Mr. Seri, between October 2012 and April 2015, he allegedly engaged in a scheme to use personal information contained in legitimate immigration documents for fraudulent purposes. In his role as a licensed immigration attorney, the complaint alleges, Mr. Seri submitted falsified and forged I-864 forms (affidavits of support for those seeking immigrant visas) in support of his clients’ applications for immigration visas and legal permanent resident status. Specifically, USCIS said, Mr. Seri received legitimate I-864 forms, tax information, pay stubs, and W-2 forms from individuals sponsoring his clients, then fraudulently submitted those documents with applications for other clients. USCIS said he submitted I-864 forms that listed individuals as financial sponsors who had never met the people they purportedly had agreed to sponsor. Those I-864 forms included the sponsors’ real names, identifying information, financial information, and forged signatures. The fraudulent and forged forms all listed Mr. Seri as the preparer and many were notarized by him.

Mr. Seri was charged with one count of visa fraud, which carries a maximum sentence of 10 years in prison; one count of aggravated identity theft, which carries a mandatory consecutive minimum sentence of two years in prison; and one count of mail fraud, which carries a maximum sentence of 20 years in prison.

USCIS ANNOUNCEMENT

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6. Supreme Court Agrees to Hear DAPA Case

The U.S. Supreme Court has agreed to rule on a challenge to President Obama’s “Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)” program, in U.S. v. Texas, No. 15-674. Most recently, in November 2015, the U.S. Court of Appeals for the Fifth Circuit upheld an injunction based on insufficient notice and opportunity for public comment, preventing the program from proceeding until the legal matter could be addressed. The appeals court also said that President Obama had exceeded his statutory authority.

In an unusual move, the Court has asked the parties to the case whether President Obama violated his constitutional obligations to enforce U.S. laws—a question that goes to the heart of the scope of presidential power. Also at issue is whether the complaining states have standing to sue the federal government. The states argue that they would suffer direct and concrete injury in millions of additional dollars expended if DAPA goes forward; for example, Texas would have to provide driver’s licenses to program beneficiaries.

According to reports, the case is expected to be argued in April and decided in June.

BRIEF SUBMITTED ON BEHALF OF THE OBAMA ADMINISTRATION

STATES’ BRIEF

FIFTH CIRCUIT’S OPINION

OPINION GRANTING A PRELIMINARY INJUNCTION, by the U.S. District Court for the Southern District of Texas, Brownsville Division

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7. ABIL Global: China

Companies filing for work permits in Beijing must receive preapproval.

As of January 4, 2016, companies sponsoring work permit applications and Expert Certificates in Beijing must receive preapproval through online certification with the Beijing Labor Bureau. This includes applications for short-term work authorization, employment licenses, work permits (including permits for Hong Kong, Taiwan, and Macao nationals), and expert certificates. Sponsoring companies must apply for and activate a digital certificate with the Labor Bureau online. The Labor Bureau will review the application and schedule an interview for the sponsor to submit the required documents in person.

This is expected to increase the application time for a work permit in Beijing. It is recommended that sponsoring companies register with the Labor Bureau as soon as possible to avoid delays in the work permit process.

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8. New Publications and Items of Interest

The 2015 edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) 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 chapters on Ghana and Peru. 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, Singapore, 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 $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584

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

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9. ABIL Member/Firm News

The following ABIL members will speak at the “2016 EB-5 Conference: EB-5 Reboot—New Players, New Rules, New Opportunities,” to be held Saturday, February 13, 2016, in Universal City, California. The event is sponsored by the Los Angeles County Bar Association. MORE INFORMATION

  • Mark Ivener
  • Ronald Klasko
  • Charles Kuck
  • Robert Loughran
  • Angelo Paparelli
  • Bernard Wolfsdorf

Mr. Kuck was quoted in International Business Times in “Immigration Reform 2016: Do Federal Raids Need Warrants? Undocumented Immigrants Denied Civil Rights, Advocates Say,” published on January 28, 2016. Mr. Kuck said, “It just doesn’t seem right to send back women and children who were truly fleeing for their lives, especially since the Obama administration rigged the system against these people. You are enforcing the law, but you are doing it at the consequence of human rights.”

Cyrus Mehta has authored several new blog entries. “Preserving H-1B Extension For Spouse And Freezing Age Of Child In High Skilled Worker Rule” “Perspectives On Immigration In 2016 Through A Crystal Ball”

Mr. Wolfsdorf and Avi Friedman of Wolfsdorf Rosenthal LLP presented at the 2016 AILA Midwinter CLE Conference, “Leading Edge Business and Removal Practice Issues,” in Nassau, Bahamas, on January 22, 2016. Mr. Wolfsdorf participated in the “Creative and Ethical Strategies for Getting Past ‘No’ ” panel. Mr. Friedman participated in the “Advanced Issues in Nonimmigrant Waivers and Humanitarian Parole” panel. MORE INFORMATION

Mr. Wolfsdorf moderated two panels, “Real Estate Investment” and “Investment Process, Management of Funds and Legal Issues for Chinese Investors” at the China Private Equity Forum in Long Beach, California, on January 20, 2016. MORE INFORMATION

Mr. Wolfsdorf moderated the opening panel, “USCIS Update: 2015 in Review,” at the 2016 Las Vegas EB-5 Conference on January 16, 2016, organized by EB-5 Investors.com. MORE INFORMATION

Stephen Yale-Loehr was quoted in several publications on January 20, 2016, concerning the Supreme Court’s decision to hear the Obama administration’s immigration executive action case, including:

  • NY Times
  • CNN
  • San Francisco Chronicle
  • US News and World Report
  • Law360: Justices May Finally Give Obama A Win In Immigration Case, available by registration
  • Vice News
  • China Daily

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10. 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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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 ABIL2016-02-01 00:00:392019-09-04 13:26:13News from the Alliance of Business Immigration Lawyers Vol. 12, No. 2A • February 01, 2016

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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

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