• 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. 12, No. 9B • September 15, 2016

September 15, 2016/in Immigration Insider /by ABIL

Headlines:

1. State Dept. Announces Potential Visa Availability in the Coming Months -The Department of State’s Visa Bulletin for October 2016 provided an overview of potential visa number availability.

2. State Dept. Announces Expiration of Two Employment-Based Visa Categories -The Department of State’s Visa Bulletin for October 2016 announced the expiration at the end of September of the employment fourth preference “Certain Religious Workers” category and the I-5 and R-5 employment fifth preference categories.

3. Sens. Grassley, Leahy Oppose Reauthorization of Unaltered EB-5 Regional Center Program; Rep. Goodlatte Introduces EB-5 Reform Bill -A lot has been happening the last few days in the EB-5 world. Sens. Grassley and Leahy wrote a letter to Senate leadership opposing a straight reauthorization of the EB-5 regional center program without any changes. Also, Rep. Goodlatte introduced an EB-5 reform bill. The 123-page bill would make significant changes to the EB-5 program.

4. ICE Extends and Adds to Employment Authorization for Certain Syrian F-1 Nonimmigrant Students -The new notice will remain in effect until March 31, 2018.

5. DHS Announces Annual Limit for CNMI Transitional Workers -The numerical limitation for the CNMI-Only Transitional Worker (CW-1) nonimmigrant classification for FY 2017 is set at 12,998.

6. DHS Alerts Employers Re Documentation Options in Wake of Flooding -Individuals from affected areas who need to replace lost or damaged documents can consult FEMA fact sheets.

7. DHS Updates Lists of Officials Authorized to Perform Various Immigration Functions -DHS said the lists are outdated and do not reflect the current DHS organizational structure, so the agency updated the lists with the specific officials who are authorized to perform various functions.

8. United States, Mexico Sign MOU To Combat Employment Discrimination -The United States and Mexico agree to collaborate to provide Mexican nationals with information, guidance, and access to education and training resources to help them understand their rights.

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

10. ABIL Member/Firm News -ABIL Member/Firm News

11. Government Agency Links -Government Agency Links


Details:

1. State Dept. Announces Potential Visa Availability in the Coming Months

The Department of State’s Visa Bulletin for the month of October 2016 provided an overview of potential visa number availability in the coming months:

EB-1: Current

EB-2: Worldwide: Current
China: Up to three months
India: Up to four months

EB-3: Worldwide: The rapid forward movement of this final action date during the past year should generate a significant amount of demand for numbers. When such demand begins to materialize, the Visa Bulletin notes, it will be necessary to limit movement of this final action date.

China: Up to three months
India: Up to one week
Mexico: Will remain at the worldwide date
Philippines: Up to three weeks

EB-4: Current for most countries
El Salvador, Guatemala, and Honduras: up to two months

EB-5: Current for most countries
China-mainland born: Slow forward movement

The Visa Bulletin notes that the above projections indicate what is likely to happen on a monthly basis through January based on current applicant demand patterns. However, determinations of the actual monthly final action dates are subject to fluctuations in applicant demand and a number of other variables, so the Visa Bulletin warns that these dates are not guaranteed.

OCTOBER 2016 VISA BULLETIN

Back to Top


2. State Dept. Announces Expiration of Two Employment-Based Visa Categories

The Department of State’s Visa Bulletin for the month of October 2016 announced the expiration at the end of September of the employment fourth preference “Certain Religious Workers (SR)” category and the I-5 and R-5 employment fifth preference categories.

Employment fourth preference SR. The non-minister special immigrant program expires on September 30, 2016. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight on September 29, 2016. Visas issued before that date will only be issued with a validity date of September 29, 2016, and all individuals seeking admission as non-minister special immigrants must be admitted into the United States by midnight on September 29, 2016.

The final action date for this category has been listed as “Unavailable” for October. The Visa Bulletin notes that if there is legislative action extending this category for FY 2017, the final action date would immediately become “Current” for October for all countries except El Salvador, Guatemala, and Honduras, which would be subject to a June 15, 2015, final action date.

Employment fifth preference I5 and R5. I5 and R5 visas may be issued until the “close of business” on September 30, 2016, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after September 30, 2016.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for October. If there is legislative action extending them for FY 2017, the final action dates would immediately become “Current” for October for all countries except China-mainland born I5 and R5, which would be subject to a February 22, 2014, final action date.

Congress is expected to extend the EB-4 special religious worker and EB-5 immigrant investor categories as part of a bill to fund the federal government temporarily past September 30. The temporary extension is likely to last until early December. Stay tuned.

OCTOBER 2016 VISA BULLETIN

Back to Top


3. Sens. Grassley, Leahy Oppose Reauthorization of Unaltered EB-5 Regional Center Program; Rep. Goodlatte Introduces EB-5 Reform Bill

A lot has been happening the last few days in the EB-5 world. The regional center part of the EB-5 immigrant investor green card program is scheduled to expire on September 30, 2016. On September 8, Sens. Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vt.), chair and ranking member of the Senate Judiciary Committee, respectively, wrote a letter to Senate leadership opposing a straight reauthorization of the EB-5 regional center program without any changes. According to the letter, the EB-5 regional center program “has become plagued with fraud and abuse, and if not reformed it should be allowed to expire on September 30th.”

Then, late Friday afternoon, September 9, Rep. Bob Goodlatte (R-Va.), chair of the House Judiciary Committee, released a draft of an EB-5 reform bill. The 123-page bill would make significant changes to the EB-5 program, such as increasing the minimum investment amount from the current $500,000 to $800,000, and adding anti-fraud and securities law oversight provisions. The bill was re-released on September 12 with Rep. John Conyers (D-Mich.) as a co-sponsor. The revised bill contains a two-page addition for good faith defrauded investors. The revised bill was introduced as H.R. 5992.

Among other things, the bill would:

  • Reauthorize the EB-5 regional center program for five years, until September 30, 2021
  • Set aside 4,000 EB-5 visas for rural and “priority urban investment” areas to take effect October 1, 2016
  • Allow investors 180 days after a regional center is terminated or debarred to associate the new commercial enterprise (NCE) with a new regional center or to invest in a new NCE
  • Require investors to be at least 18 years old, effective after enactment
  • Require an EB-5 investor’s tax returns for the last seven years

GRASSLEY-LEAHY LETTER

SECTION-BY-SECTION SUMMARY OF THE DRAFT GOODLATTE BILL

Back to Top


4. ICE Extends and Adds to Employment Authorization for Certain Syrian F-1 Nonimmigrant Students

In an earlier notice, the Department of Homeland Security’s Bureau of Immigration and Customs Enforcement (ICE) suspended certain requirements for F-1 nonimmigrant students whose country of citizenship is Syria and who have been experiencing severe economic hardship as a direct result of the civil war in Syria since March 2011. A new notice extends the effective date of that notice and expands the application of such suspension to students whose country of citizenship is Syria and who lawfully obtained F-1 nonimmigrant student status between the date of the original notice and September 9, 2016. The new notice was effective September 9, 2016, and will remain in effect until March 31, 2018.

F-1 nonimmigrant students granted employment authorization through the notice will continue to be deemed to be engaged in a “full course of study’ for the duration of their employment authorization if they satisfy the minimum course load requirement. This notice applies exclusively to F-1 nonimmigrant students whose country of citizenship is Syria and who were lawfully present in the United States in F-1 nonimmigrant status on or after April 3, 2012, through September 9, 2016, under INA § 101(a)(15)(F)(i), 8 USC § 1101(a)(15)(F)(i); and are:

  1. Enrolled in an institution that is Student and Exchange Visitor Program (SEVP)-certified for enrollment of F-1 students,
  2. Currently maintaining F-1 status, and
  3. Experiencing severe economic hardship as a direct result of the ongoing civil unrest in Syria since March 2011.

ICE records show that as of August 2016, approximately 700 Syrian F-1 visa holders in active status are covered by this notice.

NOTICE

Back to Top


5. DHS Announces Annual Limit for CNMI Transitional Workers

The Department of Homeland Security (DHS) announced on September 2, 2016, that the numerical limitation for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) nonimmigrant classification for fiscal year (FY) 2017 (October 1, 2016, through September 30, 2017) is set at 12,998.

The notice announces the mandated annual reduction of the CW-1 numerical limitation and provides additional information about the new CW-1 numerical limit. Under the CW-1 program, employers in the CNMI can apply for temporary permission to employ foreign nationals who are ineligible for any existing employment-based nonimmigrant category under the Immigration and Nationality Act. The CW program is in effect until December 31, 2019.

DHS said it reduced the FY 2017 CW-1 cap by one to meet the CNMI’s existing labor market needs and provide opportunity for potential growth, while meeting a statutory requirement to reduce the cap each year. Because the cap was reached for FY 2016 on May 5, 2016, DHS decided “to preserve the status quo, or current conditions, rather than aggressively reduce CW-1 numbers for FY 2017.” The agency encourages CW-1 employers to file a petition for a CW-1 nonimmigrant worker as early as possible within 6 months of the proposed start date of employment. USCIS said it will reject a petition if it is filed more than 6 months in advance.

DHS reminded CNMI employers that the CW-1 program requires that the foreign worker be ineligible for any other employment-based nonimmigrant visa classification under U.S. immigration law, such as the H-2B classification for temporary or seasonal workers and the H-1B classification for workers in a specialty occupation. DHS urged CNMI employers to reevaluate whether their employees are eligible for any other existing employment-based nonimmigrant category and, if so, to use other U.S. nonimmigrant classifications when appropriate. For workers employed in the CNMI, there is no cap on H-2B or H-1B visas during the transition period ending December 31, 2019.

The announcement does not affect the status of current CW-1 workers unless their employer files for an extension of their current authorized period of stay. Approved petitions with an employment start date between October 1, 2016, and September 30, 2017, will generally count toward the 12,998 cap. The cap applies only to CW-1 principals. It does not directly affect anyone currently holding CW-2 status, which is for spouses and minor children of CW-1 nonimmigrants. However, CW-2 nonimmigrants may be indirectly affected because their status depends upon that of the principal CW-1.

NOTICE

RELATED ANNOUNCEMENT

Back to Top


6. DHS Alerts Employers Re Documentation Options in Wake of Flooding

The Department of Homeland Security (DHS) issued a notice on September 9, 2016, stating that the agency “is aware of the hardship and ongoing recovery efforts resulting from the recent flooding in areas such as Louisiana and Texas.” DHS noted that individuals from these affected areas who need to replace lost or damaged documents can consult Federal Emergency Management Agency (FEMA) fact sheets for information on replacing lost or damaged documents in Louisiana or Texas.

DHS reminded employers that they must complete Form I-9, Employment Eligibility Verification and, if enrolled in E-Verify, must create a case in E-Verify for all newly hired employees, including those affected by the flooding. DHS also reminded employers that they must accept receipts from employees who choose to present them when completing the I-9.

DETAILS

Back to Top


7. DHS Updates Lists of Officials Authorized to Perform Various Immigration Functions

The Department of Homeland Security (DHS) amended its regulations on September 9, 2016, to update provisions that list specific immigration officials authorized to perform various immigration functions, including the issuance of notices to appear, warrants of removal, and arrest warrants. DHS said the lists are outdated and do not reflect the current DHS organizational structure, so the agency updated the lists with the specific officials who are currently authorized to perform these various functions. DHS is also making some technical corrections to update nomenclature and outdated references in the affected provisions.

NOTICE

Back to Top


8. United States, Mexico Sign MOU To Combat Employment Discrimination

The U.S. Department of Justice (DOJ) and Mexico’s Ministry for Foreign Affairs have established a formal partnership to protect workers from discrimination based on citizenship, immigration status, and national origin. On September 1, 2016, Principal Deputy Assistant Attorney General Vanita Gupta, head of DOJ’s Civil Rights Division, and Mexican Ambassador Carlos Sada signed a memorandum of understanding (MOU) between the embassy and its consulates and the Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

The MOU states the objective as “recogniz[ing] the collaborative relationship between the Participants to protect Mexican workers in the United States of America from employment discrimination in hiring, firing and recruiting or referring for a fee, based on their citizenship, immigration status, and national origin; unfair documentary practices; and retaliation.” To achieve this objective, the United States and Mexico agree to collaborate to provide Mexican nationals with information, guidance, and access to education and training resources to help them understand their rights under the antidiscrimination provision of the Immigration and Nationality Act, and to facilitate the referral of appropriate allegations of discrimination, unfair documentary practices, and retaliation to OSC for investigation.

Among other things, OSC agrees to conduct training sessions on the application and enforcement of the antidiscrimination provision at a mutually determined time and place to appropriate consular staff identified by each Mexican consulate; attend and participate in appropriate forums organized by the Mexican consulates for Mexican nationals and employers involving topics under OSC’s jurisdiction; disseminate compliance and educational materials through the embassy to the Mexican consulates and Mexico’s stakeholders in other locations; and publicize the MOU to interested parties.

The MOU is available in English and Spanish.

Back to Top


9. New Publications and Items of Interest

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

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 (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in 30 immigration hotspots around the world.

The latest edition adds chapters on Malta and Romania. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Ghana, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Peru, 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 for:

  • 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.

An excerpt of the book is on the ABIL website.

The list price is $431, 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

Back to Top


10. ABIL Member/Firm News

H. Ronald Klasko recently participated in the “Lazy Days of Summer” Interactive CLE Series presented by Catholic Legal Services on Friday, August 26, 2016 in Miami, Florida. Mr. Klasko moderated the session “A-Z, E-2 to EB-5” and discussed considerations for contemplating prospective E to EB-5 petitions, nuances in direct EB-5 filings, EB-5 legislative initiatives, problem consulates/cases and considerations for USCIS v. consular processing, among other topics. Mr. Klasko also participated as a panelist on “Alternatives to the H Visa and Ways Around the H Cap.” He discussed H-1B1, E-3, TN, H-3, and J visa alternatives, whether it makes sense to file for PERM and forget the H-1B, ethical considerations for filing a number of H-1B petitions for the same client on behalf of different sponsors, and other topics on ethics.

Cyrus Mehta has authored a new blog post. “Harmonious Coexistence: New Parole for International Entrepreneurs and Old Entrepreneur Pathways Portal”

David Isaacson, of Mr. Mehta’s office, has written a new blog entry. “Fewer Rights in Pennsylvania Than Guantanamo: Some Reactions to the Third Circuit’s Decision in Castro v. Dep’t of Homeland Security”

Bernard Wolfsdorf and associates Robert Blanco and Joseph Barnett coauthored an article, “What Does the October Visa Bulletin Mean for EB-5 Industry?,” which appeared in the IIUSA EB-5 Regional Center Industry Weekly Report. The article is available on the Wolfsdorf Rosenthal Blog.

Wolfsdorf Rosenthal LLP is sponsoring the Invest in the USA (IIUSA) 2016 EB-5 Industry Forum in Los Angeles on October 10-11, 2016. Representatives from the firm will attend and will host guests at their booth. The conference will be held on the University of California at Los Angeles campus and will be attended by investment and economic development professionals from around the world. Mr. Wolfsdorf will speak at the conference. For more information or to register.

Stephen Yale-Loehr was quoted recently in an article about labor rights that are lacking for about 700 foreign workers in Hawaii. “It has the fig leaf of legality. This is inconsistent with the general notion in American values, if not law, that workers should be paid a fair wage and not be mistreated.” The article, “Hawaiian Seafood Caught by Foreign Crews Confined on Boats,” Associated Press, Sept. 8, 2016.

Mr. Yale-Loehr and his colleague Carolyn Lee co-wrote a summary analysis of the draft EB-5 reform bill released late on Friday, September 9, 2016, by Rep. Bob Goodlatte, chair of the House Judiciary Committee. Mr. Yale-Loehr and Ms. Lee noted that the draft is largely a reprisal of S. 1501, the main Senate EB-5 bill nearly enacted in late 2015, but contains some key differences that would significantly change the EB-5 immigrant visa program.

Mr. Yale-Loehr was quoted in “GOP Rep. Goodlatte Pushes for EB-5 Reform Bill,” published on September 12, 2016, in Law360. Mr. Yale-Loehr noted that although the bill contains some positive features, such as extending the program for five years, it also includes negative provisions. “Its retroactive effective date provisions are the most problematic. Many of the bill’s changes, such as an increase in the minimum investment amount from the current $500,000 to $800,000, would apply to investors who applied as long ago as June 1, 2015, over 15 months ago.” Mr. Yale-Loehr said that is unfair to investors who applied in good faith under the then-applicable rules. “It also poses problems for U.S. businesses, which may not know what to do with the extra money from investors that the Goodlatte bill would demand, especially if the project has already been completed. Overall, the Goodlatte bill is a poison pill for the EB-5 industry and foreign investors,” he said. The article is available by registering HERE.

Back to Top


11. Government Agency Links

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

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

 

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2016-09-15 00:00:002019-09-04 07:09:42News from the Alliance of Business Immigration Lawyers Vol. 12, No. 9B • September 15, 2016

Prestigious Ranking Services Name Many Members of the Alliance of Business Immigration Lawyers as Top Immigration Attorneys

September 03, 2016/in News /by ABIL

While immigration policy remains a topic of heated controversy in the presidential contest, the three most prestigious peer-review journals recently announced their annual ratings of the best immigration lawyers. All rating services agree that one group stands above the rest. Attorneys in the Alliance of Business Immigration Lawyers, better known as ABIL, have received far more than the lion’s share of the top rankings — many more than the world’s largest immigration specialty firms.

Based on interviews by researchers who canvassed clients, in-house legal counsel, human resource professionals, and knowledgeable immigration lawyers, here are the findings of the three most respected rating services: Who’s Who Legal includes eight ABIL members in its “North American Corporate Immigration Lawyers” list of the ten “Most Highly Regarded” immigration lawyers; Chambers & Partners names 21 members of ABIL among their select U.S. immigration-law practitioners; and Legal 500 identifies seven ABIL members among the 37 leading US and UK immigration attorneys.

“Rarely does an alliance of lawyers achieve such predominance in a single practice area, especially in a field as complex and dysfunctional as immigration law,” said Angelo Paparelli, ABIL’s founder and past president. “Although ABIL is honored that so many of our lawyers have been recognized,” said Sharon Mehlman, ABIL’s President, “the real value flows to potential clients who can more easily identify the ‘best of the best.’”

“Immigration law is a mystery and a mastery of obfuscation and the lawyers who can figure it out are worth their weight in gold,” a former federal immigration official, Karen Kraushaar, once observed. Although the problems with the U.S.’s broken immigration system are now more perplexing than ever, at least the challenge of identifying extraordinarily talented immigration lawyers has been greatly simplified.

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 ABIL2016-09-03 21:41:262019-01-03 21:42:10Prestigious Ranking Services Name Many Members of the Alliance of Business Immigration Lawyers as Top Immigration Attorneys

News from the Alliance of Business Immigration Lawyers Vol. 12, No. 9A • September 01, 2016

September 01, 2016/in Immigration Insider /by ABIL

Headlines:

1. USCIS Proposes Rule on Parole for Certain International Entrepreneurs -has published a proposed rule to allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so they may start or scale their businesses in the United States.

2. ETA Announces iCERT Enhancement to Streamline H-2A, H-2B Processes for Employers -The iCERT system now permits submission of electronic documentation at the time of filing and while an H-2A or H-2B application is pending review.

3. OFLC Publishes Names, Other Info on Foreign Labor Recruiters -By providing the Foreign Labor Recruiter List, OFLC said the agency “is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department and other agencies and the public.”

4. USCIS Reminds About Immigration Relief in Wake of Louisiana Flooding -USCIS issued a reminder of immigration relief measures that may help people affected by unforeseen circumstances, such as disasters like the recent severe storms and flooding in Louisiana.

5. USCIS Announces End of H-1B Workload Transfer Transition Period -USCIS announced that the H-1B workload transfer transition period ended August 31, 2016.

6. September Visa Bulletin Shows Movement in Final Action Dates -The Department of State’s Visa Bulletin for the month of September 2016 shows much movement in the final action dates for various employment categories. For example, in August, the EB-1 final action date for China was January 1, 2010; in September it is Current.

7. USCIS To Allow Additional Applicants for Provisional Waiver Process -USCIS announced a final rule, effective August 29, 2016, that expands the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs) and who are statutorily eligible for immigrant visas to more easily navigate the immigration process. USCIS said it expects to update its Policy Manual in the coming weeks to provide guidance on how it makes “extreme hardship” determinations.

8. DHS Announces 18-Month Redesignation, Extension of TPS for Syria -For current Syria TPS beneficiaries, the 60-day re-registration period began August 1, 2016, and runs through September 30, 2016. Certain Syrian nationals and persons without nationality who last habitually resided in Syria may apply for TPS during the 180-day initial registration period that began August 1, 2016, and runs through January 30, 2017.

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

10. ABIL Member/Firm News -ABIL Member/Firm News

11. Government Agency Links -Government Agency Links


Details:

1. USCIS Proposes Rule on Parole for Certain International Entrepreneurs

U.S. Citizenship and Immigration Services (USCIS) has published a proposed rule allowing certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so they may start or scale their businesses in the United States.

The proposed rule would allow the Department of Homeland Security (DHS) to use its existing discretionary statutory parole authority for entrepreneurs of startup entities whose stay in the United States would provide a “significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation.” Under this proposed rule, DHS may parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises:

  • Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations;
  • Whose startup was formed in the United States within the past three years; and
  • Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by:
  • Receiving significant investment of capital (at least $345,000) from certain qualified U.S. investors with established records of successful investments;
  • Receiving significant awards or grants (at least $100,000) from certain federal, state, or local government entities; or
  • Partially satisfying one or both of the above criteria in addition to other reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation.

Under the proposed rule, entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entities in the United States. A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to provide a significant public benefit as evidenced by substantial increases in capital investment, revenue, or job creation.

USCIS proposes that once the application for entrepreneurial parole is approved, the applicant and family members must leave the United States to be granted parole; they may not change to nonimmigrant status within the United States. Proving eligibility as an International Entrepreneur will require a $1,200 filing fee, completion of an Application for Entrepreneur Parole (Form I-941) and the submission of extensive evidence. USCIS will review the evidence and approve or deny the application with no right of rehearing or appeal.

Reaction. Some believe that venture capitalists and foreign entrepreneurs may be disappointed by this proposed rule. They may see the benefit of entrepreneurial parole as too little and too short in return for the substantial effort needed to meet the requirements. Moreover, they may be disappointed to learn that the USCIS proposal fails to take into account the harm associated with a revocation of parole (whether based on material business changes or otherwise) and the absence of any administrative or judicial review. Also disappointing is the fact that the proposed regulation would offer no pathway to lawful permanent resident status. However, if USCIS receives compelling and substantiated comments, the final rule could become a viable avenue to jump-starting innovation, job creation, and economic growth.

While this proposed rule may be useful for entrepreneurs to obtain temporary status in the United States, it does not provide any path to permanent residence. Entrepreneurs who want to live and work in the United States permanently will have to await guidance on a permanent residence option—national interest waivers for entrepreneurs. Guidance on that is expected shortly. Stay tuned.

The U.S. Alliance for International Entrepreneurs (USAIE) has written a summary and initial analysis of the proposed international entrepreneurs rule, available on the USAIE website.

Meanwhile, the notice of proposed rulemaking in the Federal Register invites public comment for 45 days, after which USCIS will address the comments received. The proposed rule does not take effect with the publication of the notice of proposed rulemaking. It will take effect on the date indicated in the final rule when it is published in the Federal Register. PROPOSED RULE

Back to Top


2. ETA Announces iCERT Enhancement to Streamline H-2A, H-2B Processes for Employers

The Department of Labor’s Employment and Training Administration (ETA) has implemented a new enhancement to the iCERT Visa Portal System related to the submission of applications for temporary labor certification under the H-2A and H-2B temporary visa programs. The enhancement is intended to reduce burdens on employers and streamline processing of applications. As of August 26, 2016, the iCERT system permits submission of electronic documentation at the time of filing and while an H-2A or H-2B application is pending review.

ETA believes this new feature will eliminate the need for the employer (or, if applicable, its authorized agent or attorney) to submit responsive documents via U.S. mail, email, or fax, and will result in a more efficient review of applications by connecting the responsive documents directly to the Office of Foreign Labor Certification (OFLC) analysts assigned to the application.

ETA also noted that this new feature will enable an iCERT account holder to view all its pending H-2A or H-2B applications and select the application for which it wishes to upload documents electronically. Once a pending application is selected, the iCERT account holder associates one or more electronic documents with a response type (e.g., Response to NOD, Response to NOA) for more efficient storage and retrieval by the OFLC analyst assigned to the application. To maximize electronic security, the iCERT system will only accept electronic documents in Microsoft Word (.doc or .docx), Adobe Acrobat Portable Document Format (.pdf), or text (.txt) file formats.

ANNOUNCEMENT

ADDITIONAL DETAILS

To review the features of this new iCERT System enhancement, see the Quick Start Technical Guide.

Back to Top


3. OFLC Publishes Names, Other Info on Foreign Labor Recruiters

The Office of Foreign Labor Certification (OFLC) is publishing a list of the names of foreign labor recruiters and the identity and location of persons or entities hired by or working for the recruiter that employers have indicated they engaged, or planned to engage, in recruiting prospective H-2B nonagricultural workers to perform the work described on their Form ETA-9142B, H-2B Application for Temporary Employment Certification.

By providing this Foreign Labor Recruiter List, OFLC said the agency “is providing a greater level of transparency to the H-2B worker recruitment process and facilitating information sharing between the Department and other agencies and the public.” Among other things, by maintaining and publishing a list of foreign labor recruiters, OFLC said it “is better poised to enforce recruitment violations, and workers are better protected against fraudulent recruiting schemes by enabling them to verify whether a recruiter is in fact recruiting for legitimate H-2B job opportunities in the United States.” OFLC noted that it “does not endorse or vouch for any foreign labor agent or recruiter” on the list, and inclusion does not signify that the recruiter is complying with the H-2B program. “The list is simply a list of current recruiters being used by employers in the H-2B program,” OFLC said.

OFLC noted that the list identifies the last six digits of the Chicago National Processing Center case number associated with the Form(s) ETA-9142B in which an employer identified the foreign labor recruiter. The six-digit number can be used to look up the H-2B Job Order and Application for Temporary Employment Certification in the H-2B Public Job Registry by entering the number into the ETA Case Number field, selecting “H-2B” in the Case Type field, and clicking on “Search.”

THE LIST, which will be updated quarterly.

FAQs on the list have been posted as “2015 H-2B IFR FAQs Round 16”

Back to Top


4. USCIS Reminds About Immigration Relief in Wake of Louisiana Flooding

U.S. Citizenship and Immigration Services (USCIS) issued a reminder on August 19, 2016, of immigration relief measures that may help people affected by unforeseen circumstances, such as disasters like the recent severe storms and flooding in Louisiana.

USCIS noted that these measures may be available upon request:

  • Change of nonimmigrant status or extension of nonimmigrant stay for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired
  • Re-parole of individuals previously granted parole by USCIS
  • Expedited processing of advance parole requests
  • Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship
  • Expedited adjudication of employment authorization applications, where appropriate
  • Consideration of fee waivers due to an inability to pay
  • Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to appear for an interview, submit evidence, or respond in a timely manner
  • Replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (green card)
  • Rescheduling of a biometrics appointment

USCIS said requesters should “explain how the severe storms or flooding created a need for the requested relief.”

ANNOUNCEMENT

MORE INFORMATION

Back to Top


5. USCIS Announces End of H-1B Workload Transfer Transition Period

U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B workload transfer transition period ended August 31, 2016.

On July 1, 2016, as part of a workload transfer from the California and Vermont Service Centers, the Nebraska Service Center (NSC) began accepting certain H-1B and H-1B1 (Chile/Singapore Free Trade) I-129 petitions. The NSC also began accepting I-539 and I-765 applications for certain H-4 nonimmigrants that are concurrently filed with an I-129.

The California and Vermont Service Centers continued to accept these I-129 petitions, and any concurrently filed I-539 and I-765 applications, during the transition period until August 31. Starting September 1, only the NSC is accepting them. USCIS may reject any misfiled petitions or applications.

The following Form I-129 same-employer-without-change petitions have not been transferred to the Nebraska Service Center and will continue to be accepted only at the California Service Center, if:

  • The petition is for an employer that is statutorily exempt from the cap; or
  • The beneficiary is employed at a qualifying cap-exempt institution, entity or organization.

FILING ADDRESSES AND CAP-EXEMPT FILING INSTRUCTIONS

LATEST USCIS ANNOUNCEMENT

DETAILS RELEASED JULY 1, 2016

Back to Top


6. September Visa Bulletin Shows Movement in Final Action Dates

The Department of State’s Visa Bulletin for the month of September 2016 shows much movement in the final action dates for various employment categories. For example, in August, the EB-1 final action date for China was January 1, 2010; in September it is Current. The August EB-2 final action date for China was January 1, 2010; in September it has moved forward to June 1, 2013. Dates in several categories were specified in August for El Salvador, Guatemala, and Honduras; in September, that column has been dropped and all chargeability areas except those listed for China-mainland born, India, Mexico, and Philippines are Current.

VISA BULLETIN FOR SEPTEMBER 2016

Back to Top


7. USCIS To Allow Additional Applicants for Provisional Waiver Process

U.S. Citizenship and Immigration Services (USCIS) announced a final rule, effective August 29, 2016, that expands the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs) and who are statutorily eligible for immigrant visas to more easily navigate the immigration process.

USCIS noted that the provisional waiver process “promotes family unity by reducing the time eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency.”

The agency said the final rule builds on a process established in 2013 to support family unity. Under that process, certain immediate relatives of U.S. citizens can apply for provisional waivers of the unlawful presence ground of inadmissibility, based on the extreme hardship their U.S. citizen spouses or parents would suffer if the waiver were not granted. The final rule expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility. Until now, only immediate relatives of U.S. citizens were eligible to seek such provisional waivers before departing the United States for the processing of their immigrant visas. Those eligible for the provisional waiver process under the 2013 rule are only a subset of those eligible for the waiver under the statute.

To qualify for a provisional waiver, applicants must establish that their U.S. citizen or lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States.

USCIS said it expects to update its Policy Manual “in the coming weeks” to provide guidance on how it makes “extreme hardship” determinations. The final rule also makes changes to Form
I-601A, Application for Provisional Unlawful Presence Waiver. These changes will go into effect along with the final rule.

USCIS ANNOUNCEMENT

FINAL RULE

UPDATED I-601A

Back to Top


8. DHS Announces 18-Month Redesignation, Extension of TPS for Syria

The Department of Homeland Security has redesignated Syria for temporary protected status (TPS) and extended the existing Syria TPS designation from October 1, 2016, through March 31, 2018. Nationals of Syria, or persons without nationality who last habitually resided in Syria, can register or re-register for TPS in accordance with the notice.

For current Syria TPS beneficiaries, the 60-day re-registration period began August 1, 2016, and runs through September 30, 2016. Syrian nationals and persons without nationality who last habitually resided in Syria and have: (1) continuously resided in the United States since August 1, 2016, and (2) been continuously physically been present in the United States since October 1, 2016, may apply for TPS during the 180-day initial registration period that began August 1, 2016, and runs through January 30, 2017.

The 18-month extension allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Syria TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of March 31, 2018. 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 for an additional six months current TPS Syria EADs with a September 30, 2016, expiration date. These existing EADs are now valid through March 31, 2017.

ANNOUNCEMENT, which includes additional details

Back to Top


9. New Publications and Items of Interest

The Department of Labor’s Office of Foreign Labor Certification (OFLC) will host a webinar, “Employer Filing Tips and Best Practices for Preparing and Submitting H-2B Prevailing Wage Requests and H-2A/H-2B Labor Certification Applications,” on Tuesday, September 13, 2016, from 12 noon to 4 pm EST. The webinar is designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies, and best practices associated with employer requests for H-2B prevailing wage determinations and applications for temporary labor certification under the H-2A and H-2B visa programs. OFLC said its objective for the webinar is to provide technical assistance to employers (and, if applicable, their authorized attorneys or agents) that will improve the quality of applications submitted to the OFLC. Topics will include recent program updates and initiatives designed to improve case processing and transparency of the decision-making process; how to avoid common deficiencies and frequent errors when preparing job orders and applications; helpful practice tips to ensure quality job orders and applications are submitted for processing; and best practices or quality prevailing wage requests and labor certification applications from the 2016 filing season. Details on how to join the webinar are below:

EVENT NUMBER: 744 257 619

  1. Go HERE
  2. If prompted, enter contact information (first name, last name, email address)
  3. If prompted, enter event password: Welcome!25
  4. Click on “Join Now”
  5. To join and hear the audio, dial the toll-free number 800-369-1983 and enter access code 2846236 to hear the audio portion of the webinar or use the audio function of the WebEx software to stream audio.

The Systematic Alien Verification for Entitlements (SAVE) program published a recent blog highlighting SAVE enhancements within the last six months. The blog discusses the updated SAVE website, the new resources page, and the USCIS director’s YouTube video celebrating SAVE’s 30th anniversary. BLOG

Updated labor certification fact sheets. The Office of Foreign Labor Certification has posted updated program fact sheets with third-quarter FY 2016 selected statistics. Reports are derived from program data as of June 30, 2016. The updated fact sheets include:

  • Permanent Labor Certification Program
  • Prevailing Wage Determination Program
  • H-1B Temporary Visa Program
  • H-2A Temporary Agricultural Visa Program
  • H-2B Temporary Nonagricultural Visa Program

UPDATED FACT SHEETS

USCIS seeks input on Policy Manual. You can submit feedback on proposed changes to USCIS policy guidance HERE.

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

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 (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in 30 immigration hotspots around the world.

The latest edition adds chapters on Malta and Romania. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Ghana, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Peru, 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 for:

  • 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.

An excerpt of the book is on the ABIL website.

The list price is $431, 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

Back to Top


10. ABIL Member/Firm News

The following ABIL members and colleagues were listed in Best Lawyers in America 2017:

  • Laura Danielson (Fredrikson & Byron, P.A.)
  • Bryan Funai (Masuda, Funai, Eifert & Mitchell, Ltd.)
  • Steve Garfinkel (Garfinkel Immigration Law Firm)
  • Mark Ivener (Ivener & Fullmer LLP)
  • Ronald Klasko and William Stock (Klasko Immigration Law Partners, LLP)
  • Charles Kuck (Kuck Immigration Partners LLC)
  • Vincent Lau (Clark Lau LLC)
  • Robert Loughran, Charles Foster, John Meyer, Jose Perez, Judy Lee, and Nestor Rosin (Foster, LLP)
  • Sharon Mehlman and Shannon Barnes (Mehlman Barnes, LLP)
  • Cyrus Mehta (Cyrus D. Mehta & Partners, PLLC)
  • Angelo Paparelli (Seyfarth Shaw LLP)
  • Julie Pearl (Pearl Law Group)
  • William Reich (Serotte Reich & Wilson)
  • Lynn Susser and Greg Siskind (Siskind Susser, PC)
  • Bernard Wolfsdorf, Naveen Rahman-Bhora, and Avi Friedman (Wolfsdorf Rosenthal LLP)

Barbara Jo (BJ) Caruso will speak at the 2016 Upstate New York American Immigration Lawyers Association Conference on Friday, October 7, 2016.

Charles Foster, of Foster, LLP, authored “How Clinton Could Enact Broad Immigration Reform,” Law360, August 22, 2016.

Mr. Klasko, Daniel Lundy, and Rohit Kapuria, attorneys with Klasko Immigration Law Partners LLP, recently participated in the 2016 New York EB-5 Convention hosted by EB5 Investors Magazine. Mr. Klasko moderated the panels, “Understanding and Evaluating Investor Protections and How U.S. Securities Laws Can Affect Overseas Agents” and “China Issues.” Mr. Lundy participated as a panelist in “Putting Together an Approvable EB-5 Project.” Mr. Kapuria moderated the panel, “Understanding an EB-5 Capital Transaction.”

Mr. Klasko participated in the “Lazy Days of Summer” Interactive CLE Series presented by Catholic Legal Services on Friday, August 26, 2016, in Miami, Florida. Mr. Klasko moderated the session, “A-Z, E-2 to EB-5,” and discussed considerations for contemplating prospective E to EB-5 petitions, nuances in direct EB-5 filings, EB-5 legislative initiatives, problem consulates/cases, and considerations for USCIS versus consular processing, among other topics. He also participated as a panelist on “Alternatives to the H Visa and Ways Around the H Cap” and covered H-1B1, E-3, TN, H-3, and J visa and considerations, whether it makes sense to file for PERM and forget the H-1B, ethical considerations for filing a number of H-1B petitions for the same client on behalf of different sponsors, and other topics on ethics.

Mr. Kuck was quoted in “4 Signs You Aren’t Cut Out To Be An Immigration Attorney,” published on August 5, 2016, in Law360. Among other things, Mr. Kuck noted, “Caring too much might personally burn you out, but it’s not going to harm your clients. Caring too little will harm your clients. And so … if you think this is about just making money and filling out forms, you are definitely not cut out to be an immigration lawyer.” The article is available by registering.

Mr. Mehta has authored several new blog posts. “Who Should Get Notice When An I-140 Petition Is Revoked? It’s The Worker, Stupid!” “Trump vs. Outstanding Immigrant Khizr Khan”

Mr. Paparelli has authored a new blog post. “Venture Capitalists and Immigration Proponents Likely Disappointed by USCIS Proposed Entrepreneurial Parolee Rule”

Anand Sinha, of Cyrus D. Mehta & Partners PLLC, has authored a new blog post. “Close, But No Cigar! Meaning of Affiliation for Purposes of H-1B Cap Exemption”

William Stock, of Klasko Immigration Law Partners, LLP, was quoted extensively in “Is Trump Plan ‘Systematic Effort’ To Derail Immigration?,” Bloomberg BNA, August 16, 2016, about U.S. presidential candidate Donald Trump’s proposal to vet immigrants for their adherence to American values. “We saw a lot of this after 9/11, where individuals from certain countries just never knew when their visa applications would be held up and were never told why they were held up,” Mr. Stock observed. He suggested that companies might “simply have to expand their facilities in other countries” if Mr. Trump’s vetting policy were put into practice.

Mr. Wolfsdorf will address the California State Bar Association as a panelist on September 29, 2016. His panel, “Immigration Visa Options for Investors, Innovators and Entrepreneurs,” will discuss immigrant and nonimmigrant visa options for those investing in and starting businesses in the United States.

Mr. Wolfsdorf and associates Joseph Barnett and Vivian Zhu co-authored “Updates on Minors as Primary EB-5 Applicants, Part 2: Practical Steps,” which was published on ILW.com on August 5, 2016. The article discusses the age-out problem due to the Chinese EB-5 backlog and the possibility of using minors as the primary applicants to avoid this issue.

Stephen Yale-Loehr is a founding member of the U.S. Alliance for International Entrepreneurs (USAIE) and helped draft a summary and initial analysis of the proposed international entrepreneurs rule, available on the USAIE website.

Mr. Yale-Loehr and his colleague Kristal Ozmun co-authored an article, “Visa Options for Employees Who Lose the H-1B Lottery,” which was published in Corporate Immigration 2016, edited by Nicolas Rollason of Kingsley Napley. The book can be viewed ONLINE.

Mr. Yale-Loehr was quoted recently in several publications about U.S. presidential candidate Donald Trump’s proposal to vet immigrants for their adherence to American values:

  • “Trump’s Ideological Test for Immigrants is Absurd,” Denver Post, August 20, 2016. Mr. Yale-Loehr said, among other things, “It’s a problem to think about trying to vet every person for their commitment to some amorphous ideals that I think very few Americans would be able to agree on. Mr. Trump only continues to hurt any prospects for comprehensive immigration [reform]. It will take a bipartisan consensus to fix our broken immigration system, and his rhetoric only makes the issue more partisan and therefore makes it harder to enact any meaningful reforms.”
  • “Trump’s ‘Deeply Un-American’ Stance on Immigration Prompts Legal Concerns,” The Guardian, August 17, 2016. Mr. Yale-Loehr said, “Immigration to the United States would grind to a near halt if millions of people are subject to background checks based on subjective criteria. How is a consular officer or a border inspector supposed to determine whether an applicant is sufficiently ‘American’ in his or her thinking?”
  • “Is Trump Plan ‘Systematic Effort’ To Derail Immigration?,” Bloomberg BNA, August 16, 2016. Mr. Yale-Loehr noted that U.S. presidents can already prevent the admission of “noncitizens who advocate anti-democratic policies,” which is permitted under the Immigration and Nationality Act. In fiscal year 2015, he said, 46 temporary visa applicants and 1 green card applicant were barred from the United States under this provision. However, he noted, “it is one thing to apply this provision narrowly to government leaders. It is another to apply it to millions of immigrants and nonimmigrants.”
  • “Donald Trump Calls for ‘Extreme Vetting’ and an Ideological Test for Would-Be Immigrants,” Los Angeles Times, August 15, 2016. Mr. Yale-Loehr noted that although the latest iteration of Mr. Trump’s policy does not specifically demand a religious test upon entering the United States, it still allows for capricious enforcement. “What one president thinks is important for American values, another president may deem not important. We don’t want an immigration policy subject to the vagaries of political opinion,” he said.
  • “Why Trump’s Immigration Ideas Won’t Work,” Politico, August 15, 2016. Mr. Yale-Loehr said, “Immigration to the United States would grind to a near halt if millions of people are subject to background checks based on subjective criteria. This proposal would also cost billions of dollars to implement. Business people and visitors could not be able to plan quick trips to the United States because they would not know how long an ideological background check would take.”

Mr. Yale-Loehr was quoted in “Trump, Clinton and Immigration,” Marketplace.org, September 1, 2016. He noted, “President Obama deported more people in his first administration than President Bush had done under his administration.”

Mr. Yale-Loehr was quoted in “Migrant Mother, Son Sue U.S. Over Treatment in Detention,” Thomson Reuters Foundation, August 19, 2016 (and in a variety of newspapers about the same topic). If the case succeeds, Mr. Yale-Loehr noted, “it will send a strong signal to immigration authorities to clean up their act.”

Mr. Yale-Loehr was quoted in “Effort To Shrink Immigration Block Faces Steep Battle,” Law360, August 26, 2016. “It is rare for a court to restrict the scope of an injunction issued by another court,” he said,, adding that a New York federal court case that seeks to chip away at the block against President Barack Obama’s executive actions probably won’t be finished when Obama leaves the White House next year, meaning the case is “unlikely to benefit anyone in the near future.” The article is available by registering.

Mr. Yale-Loehr was quoted in “Inconsistencies Call Melania Trump’s Immigration Story Into Question,” on NPR’s All Things Considered, broadcast August 5, 2016. Mr. Yale-Loehr noted, “Donald Trump has made illegal immigration the centerpiece of his campaign. And even after President Obama said that he had been born in the United States, Donald Trump demanded to see written proof of that birth certificate. So I think what’s sauce for the goose is sauce for the gander.”

Mr. Yale-Loehr was quoted in “Democrats Demand Immigration Records for Melania Trump,” in the Washington Times on August 4, 2016. “Unfortunately, the Trump campaign has not released her immigration records, so no one knows for sure,” Mr. Yale-Loehr noted with respect to Mrs. Trump’s path to permanent residence and U.S. citizenship. “Donald Trump has said that anyone who has violated U.S. immigration laws must be dealt with in the harshest terms. Having raised the issue, Mr. and Mrs. Trump should answer these legitimate questions about Melania’s own immigration history.”

Mr. Yale-Loehr was quoted in Spanish in “http://www.univision.com/noticias/elecciones-2016/melania-habria-tenido-un-matrimonio-previo-al-de-donald-trump-sugiere-declaracion-de-exabogado-del-candidatoMelania habría tenido un matrimonio previo al de Donald Trump, sugiere declaración de exabogado del candidato,” on Univision on August 5, 2016. He noted, “Como Donald Trump ha hecho relevante el tema de la inmigración ilegal con tanta fuerza en esta campaña, yo pienso que le conviene a él y a Melania permitir que se publique su historial de inmigración para que sea escrutado y así podamos estar seguros de que ella hizo todo legalmente.”

Back to Top


11. Government Agency Links

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

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2016-09-01 00:00:492019-09-04 07:24:37News from the Alliance of Business Immigration Lawyers Vol. 12, No. 9A • September 01, 2016

Archive

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

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

News

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

Sign Up for our Newsletters

Sign up for our Immigration Insider & Global Updates Newsletters

Select list(s) to subscribe to


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