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News from the Alliance of Business Immigration Lawyers Vol. 13, No 5B • May 15, 2017

May 15, 2017/in Immigration Insider /by ABIL

Headlines:

1. Spending Bill Extends EB-5 Investor Visa Program to September 30; No Funding for Wall -The Consolidated Appropriations Act of 2017 extends the EB-5 immigrant investor visa program through September 30, 2017. The legislation also provides a large border-security funding increase, but no funding for a border wall.

2. USCIS Completes Data Entry of FY 2018 H-1B Cap-Subject Petitions -USCIS has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in a computer-generated random process and has begun returning all H-1B cap-subject petitions that were not selected.

3. DACA Recipient Files Suit Over Revoked Status -Jessica Colotl, a DACA recipient whose case has received publicity over the years, has had her DACA status revoked. Her attorney has filed a motion requesting a federal judge in Atlanta, Georgia, to reinstate her DACA protection.

4. USCIS Implements New Interpreter Policy, Form -The guidance applies to interviews conducted at domestic field offices except in cases where USCIS provides interpreters or has other policies.

5. State Dept. Announces Continued High Demand for Visa Numbers in Several Employment-Based Categories -The Department of State’s Visa Bulletin for the month of June 2017 notes that continued high demand is resulting in cut-off dates being established in several categories.

6. IT Issues Hamper Tracking of Visa Overstays, DHS OIG Says -It can take months for ICE to determine a visa-holder’s status and whether that person may pose a national security threat, which contributes to a backlog of more than 1.2 million visa overstay cases.

7. Pro Bono: New Developments in Sanctuary Case -The Joseph Law Firm announced a preliminary victory in a recent pro bono case. Attending a criminal hearing meant that their client had to come out of sanctuary from a local church. It took a lot of courage knowing she could be arrested and sent back to Peru.

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. Spending Bill Extends EB-5 Investor Visa Program to September 30; No Funding for Wall

The Consolidated Appropriations Act of 2017, passed by Congress and signed May 7, extends the EB-5 immigrant investor visa program through September 30, 2017. The legislation also provides a large border-security funding increase, among other things.

The spending bill was also notable for what it didn’t contain. For example, the bill did not include funding to begin construction of the border wall promised by President Trump.

Some observers believe that before that date, legislation could be enacted to change the EB-5 program, such as by raising the minimum investment amount, which currently is $500,000 in rural and high unemployment areas and $1 million elsewhere. The EB-5 program has received a lot of attention recently because of a particular EB-5 project in New Jersey being promoted by the Kushner Company. Jared Kushner, President Trump’s son-in-law and a senior advisor to the President, stepped down as chief executive of the Kushner Company in January and has sold stakes in several properties to help allay concerns about possible conflicts of interest.

A statement by President Trump on signing the legislation.

MORE ON THIS CASE

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2. USCIS Completes Data Entry of FY 2018 H-1B Cap-Subject Petitions

U.S. Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in a computer-generated random process. USCIS said it has begun returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS was unable to provide a definite time frame for returning these petitions. USCIS asked petitioners not to inquire about the status of submitted cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned.

Additionally, USCIS is transferring some Form I-129 H-1B cap-subject petitions from the Vermont Service Center to the California Service Center to balance the distribution of cap cases. USCIS will notify by mail those whose cases are transferred.

USCIS also reminded petitioners that it has temporarily suspended premium processing for all H-1B petitions, including cap-subject petitions, for up to six months.

USCIS ANNOUNCEMENT

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3. DACA Recipient Files Suit Over Revoked Status

Jessica Colotl, a Deferred Action for Childhood Arrivals (DACA) recipient whose case has received publicity over the years, has had her DACA status revoked. Her attorney has filed a motion requesting a federal judge in Atlanta, Georgia, to reinstate her DACA protection.

Ms. Colotl’s parents brought her to the United States from Mexico when she was 11. She was granted DACA status in 2013, which was renewed last year. In the intervening years, her parents moved back to Mexico but she stayed in the United States, graduated from college, and has been working as a paralegal with Kuck Immigration Partners, LLC. Last year, she wanted to travel to Mexico to visit her ill mother, but since she had an outstanding removal order, she filed a motion to reopen and administratively close her removal proceedings. An immigration judge denied the request but the Board of Immigration Appeals found in her favor and sent the case back to the immigration judge to administratively close her case. However, the immigration judge asked the government for its position in writing; in a supplemental filing in March 2017, the government said her case shouldn’t be closed and she was a priority for removal under a February 2017 Department of Homeland Security memorandum due to her criminal history (she was pulled over on campus for a traffic violation and driving without a license in 2010 and was charged with a felony false statement to a law enforcement officer when her address given didn’t match the record. At that time, she was detained for 37 days).

Kuck Immigration Partners filed a complaint on May 9, 2017, in Atlanta for declaratory and injunctive relief. “Trump promised that DACA kids were fine. Nothing’s changed in Jessica’s case.…They are simply in bad faith punishing her for exercising her rights under the policies enacted by the government,” said Charles Kuck. Now 28, Ms. Colotl said in her lawsuit that the government is using her as “a test case to revoke DACA, exceeding its discretionary authority in an arbitrary and capricious manner.” Calling the government’s action “completely outrageous,” she said she “felt shock because I didn’t know this could happen.”

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4. USCIS Implements New Interpreter Policy, Form

U.S. Citizenship and Immigration Services (USCIS) announced the May 1, 2017, implementation of a policy memorandum issued on January 17, 2017. The guidance applies to interviews conducted at domestic field offices except in cases where USCIS provides interpreters or has other policies, such as asylum and refugee interviews; credible fear and reasonable fear screening interviews; interviews to determine eligibility for relief under provisions of the Nicaraguan Adjustment and Central American Relief Act; and naturalization interviews, unless the interviewee qualifies for an exception to demonstrating adequate proficiency in reading, writing, and speaking English. The standards also do not apply to document translations or to interviews conducted at international field offices.

The guidance states that interpreters must be sufficiently fluent in both English and the interviewee’s language, able to interpret competently between English and the interviewee’s language, and able to interpret impartially and without bias. Those restricted from serving as interpreters include minors under age 18 (an exception for good cause may be granted for those age 14-17); attorneys and accredited representatives of the interviewee; and witnesses (unless an exception for good cause is granted). A witness is anyone who gives a personal account, orally or in writing, of something seen, heard, or experienced.

USCIS has introduced the new Form G-1256, Declaration for Interpreted USCIS Interview, as part of implementation of this guidance. Both the interviewee and the interpreter must sign the form at the beginning of the interview in the presence of a USCIS officer. The form includes a declaration stating that the interpreter must accurately, literally, and fully interpret for both the interviewee and interviewing officer, and requires the interpreter to agree not to disclose any personal information learned in the interview.

USCIS officers will receive training to implement the new policy.

ANNOUNCEMENT

POLICY MEMORANDUM

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5. State Dept. Announces Continued High Demand for Visa Numbers in Several Employment-Based Categories

The Department of State’s Visa Bulletin for the month of June 2017 notes, among other things:

  • Continued high level of demand for the China and India employment-based first preference (EB-1) categories has required the establishment of a cut-off date for June. The EB-1 date for these two countries will once again become Current for October, the first month of fiscal year 2018.
  • There has been an extremely large increase in China employment third preference applicant demand during the past month, due to the “downgrading” of status by applicants who had originally filed in the employment second preference. This has resulted in the third preference final action date being held for the month of June. Continued heavy demand for numbers will require a retrogression of this date no later than August.
  • There also is continued high demand in the India EB-4 and special religious worker categories, which is likely to result in the India EB-4 per-country limit being reached in June. Therefore, implementation of July EB-4 and special religious worker final action dates for India is expected. The India EB-4 and special religious worker dates should once again become Current for October.

VISA BULLETIN FOR JUNE 2017

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6. IT Issues Hamper Tracking of Visa Overstays, DHS OIG Says

The Department of Homeland Security’s (DHS) Office of Inspector General (OIG) recently found that U.S. Immigration and Customs Enforcement (ICE) relies on information technology (IT) systems that are “fragmented” and “ineffective,” lacking in integration and information-sharing capabilities. As a result, OIG said, ICE personnel are forced to “laboriously piece together vital information from up to 27 distinct DHS information systems and databases to accurately determine an individual’s overstay status.” It can take months for ICE to determine a visa-holder’s status and whether that person may pose a national security threat, OIG said, which contributes to a backlog of more than 1.2 million visa overstay cases.

Further complicating ICE’s efforts to track visa overstays is DHS’s lack of a comprehensive biometric exit system at U.S. ports of departure to capture information on nonimmigrant visitors. In the absence of such a system, OIG reported, ICE must rely on third-party departure data, such as commercial carrier passenger manifests, which do not include biometric land departure information reflecting those who cross the border on foot or using their own vehicles.

OIG made several recommendations to the DHS and ICE Chief Information Officers (CIOs) to improve information sharing, provide training and guidance, evaluate data reliability, and implement a biometric exit solution.

RELATED PRESS RELEASE

FULL REPORT

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7. Pro Bono: New Developments in Sanctuary Case

Jeff Joseph, Senior Partner of Joseph Law Firm, P.C., had a victory in a pro bono case for his client, who is currently in sanctuary in a church in Denver, Colorado. Ingrid Encalada is from Peru. She entered the United States at age 17 and is now 33. She has two U.S. citizen children, an 8-year-old and an 18-month-old.

In 2010, she was arrested for using false documents. On the advice of her attorney, she pled guilty to criminal impersonation, which made her deportable and ineligible for cancellation of removal. She appealed the case, but the appeal was dismissed in 2016. She then hired another attorney to try and withdraw her guilty plea. That attorney failed to show up for the hearing and the judge denied her post-conviction motion to withdraw her guilty plea. She filed a stay with U.S. Immigration and Customs Enforcement that was denied. Because she was subject to a final order and the stay was denied, she entered sanctuary in a Quaker church and has remained there for the past 5 months.

Joseph Law Firm agreed to take her case pro bono. On May 3, 2017, she had her first hearing with the criminal court. The purpose of this hearing was to prove that her second attorney was ineffective when he failed to show in court. The judge granted this motion and found that the previous attorney was in contempt and that he intends on fining that attorney the fees and costs necessary for Ingrid to file a second post-conviction motion.

Attending this hearing meant that Ingrid had to come out of sanctuary. It took a lot of courage knowing she could be arrested and sent back to Peru. But it was successful and she is now safely back in the church. There will be another hearing on whether her initial attorney was ineffective when he recommended the plea to criminal impersonation.

The case has made national news. ADDITIONAL INFORMATION

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8. New Publications and Items of Interest

A Spanish overview of employee rights during the I-9 and E-Verify process will be presented via conference call on May 16, 2017, from 2 to 3 pm ET by USCIS. REGISTRATION. Questions can be emailed to public.engagement@uscis.dhs.gov

How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, HEREl and HERE

Airport Lawyer is a free Web app that is intended to help ensure that immigrants are treated fairly at airports. Arrivals information can be securely passed along to large groups of volunteer attorneys who have been organized to monitor arrivals. See HERE.

Listings and links to cases challenging executive orders, and related available pleadings, are available 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.

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 on Twitter: @ABILImmigration. Recent ABIL member blogs are HERE.

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9. ABIL Member/Firm News

Eugene Chow and Wolfsdorf Rosenthal LLP were quoted in “Why Wealthy Chinese Are Lining Up To Pay $500K for U.S. Visas,” published by CNN Money on May 8, 2017.

David Isaacson, a Partner at Cyrus D. Mehta & Associates, PLLC, has published a new blog entry. “You Ask a Silly Question, and You Get a Silly Answer: Speeding, Terrorist Babies, and Why DHS Should Consider Revising or Eliminating Certain Form Questions”

Jeff Joseph, of Joseph Law Firm, commented on the H-2B provisions of the new spending bill.

Vincent Lau spoke at several recent events:

  • “Continuing Blanket L Challenges,” American Immigration Lawyers Association (AILA) Rome District Chapter Conference (Brussels, May 4, 2017)
  • “Let’s Make PERM Great Again,” AILA Upper Midwest Immigration Law Conference (Minneapolis, May 19, 2017)
  • “Prevailing Wage Issues: Being Proactive Pays Off,” AILA PERM Conference (Seattle, August 18, 2017)

Robert Loughran was interviewed by Fox 7 News in Austin, Texas, about the practical implications of Texas SB-4, the so-called “sanctuary cities” ban, as well as its exceptions, signed into law by Texas Governor Greg Abbott on May 7, 2017. The law will go into effect on September 1, 2017.

Mr. Loughran presented in Mexico City, Mexico, on the U.S. immigration options for Mexican investors and the relevant policy changes under the Trump administration at a Grupo San Antonio event held May 4, 2017, “Promoting the Aerospace & Cybersecurity Industries in Mexico.” MORE INFORMATION

Cyrus Mehta has published a new blog entry. “Cross Currents in Federal Preemption of State and Local Immigration Law Under Trump”

Greg Siskind, of Siskind Susser PC, was quoted in “‘They Treated Us Like Criminals’: U.S. Border Crossers Report Severe Reception,” published by The New York Times on May 1, 2017. Regarding travelers reportedly facing increased aggressive questioning by customs officers when entering the United States, Mr. Siskind said, “We used to hear about these things once in a blue moon, and it would be the talk of the office. Now people just basically roll their eyes because they’ve heard it so often.”

Wolfsdorf Rosenthal LLP has published several new blog entries. “President Trump, Jared Kushner and the EB-5 Immigrant Investor Program” “Extreme Vetting of U.S. Visa Applicants Being Implemented” “President Trump To Sign Extension of EB-5 Regional Center Program to September 30, 2017” “Diversity Immigrant Lottery—I Just ‘Won’ the Green Card Lottery—Do I Need a Lawyer and When Will I Get My Green Card?” “EB-5 Update and Things I Learned From Charlie Oppenheim During the IIUSA EB-5 Washington, DC Conference”

Stephen Yale-Loehr was quoted by CNN on May 15, 2017, in an article regarding President Trump’s travel ban litigation. Mr. Yale-Loehr said, “No matter how the two courts [4th Circuit and 9th Circuit] rule, I predict this case will go to the Supreme Court. The issue is too important for the Supreme Court to pass up.”

Mr. Yale-Loehr was quoted by the Financial Times regarding immigration court backlogs. “The immigration courts are already overwhelmed,” he said. “It’s going to create even more of a crisis if the administration rounds up more people,” he said.

Mr. Yale-Loehr was quoted by China Daily regarding the recent one-week EB-5 program extension. “Congress did this to give itself more time to try to resolve some big-ticket items like additional funding for the military and healthcare reform. The additional week also gives members of Congress time to try to finalize an EB-5 reform package,” he said.

Mr. Yale-Loehr was quoted in “Kushner Uproar Latest Blow To Beleaguered EB-5 Program,” published in Law360 (subscription required) on May 9, 2017. “Congress is close to a consensus on how to reform the EB-5 program,” he said, noting that the Kushner EB-5 uproar could “hasten legislative efforts to reform the EB-5 program.”

Mr. Yale-Loehr was also quoted by the New York Times and marketplace.org on May 9, 2017, and was interviewed on May 10 by National Public Radio, about the Kushner EB-5 project:

  • New York Times. For developers, he said, the appeal of EB-5 can be summed up in two words: “Cheap money.”
  • Marketplace.org
  • NPR’s All Things Considered

Mr. Yale-Loehr was quoted in “Governing: Cities, States Move to Calm Fear of Deportation,” published in Governing.com on May 10, 2017. He said local laws about sensitive locations, like many sanctuary policies, have little legal weight: “They’re largely symbolic. There’s nothing to prevent ICE from waiting on the courthouse steps or in public areas to arrest somebody if they want to.” Only federal legislation, like that proposed in the House and Senate, could regulate how ICE is allowed to operate, he said.

Mr. Yale-Loehr was also quoted in the following media regarding recent immigration-related developments:

  • PBS Newshour
  • Huffington Post: Trump Isn’t Fighting Human Trafficking, He’s Facilitating It
  • Cornell Daily Sun: ICE Agents Arrest ‘Unlawfully Present Mexican National’ in Ithaca
  • TV interview re immigrant arrested by ICE agents in Ithaca
  • Sinotf.com re EB-5 program extension

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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 ABIL2017-05-15 00:00:392019-09-04 04:28:21News from the Alliance of Business Immigration Lawyers Vol. 13, No 5B • May 15, 2017

News from the Alliance of Business Immigration Lawyers Vol. 13, No 5A • May 01, 2017

May 01, 2017/in Immigration Insider /by ABIL

Headlines:

1. President Trump Signs ‘Buy American and Hire American’ Executive Order -Among other things, the order calls for the Secretaries of State, Labor, and Homeland Security, along with the Attorney General, to “propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate,” to protect U.S. workers in the administration of the immigration system, “including through the prevention of fraud or abuse.”

2. Congress Extends EB-5 Regional Center Program for a Week -USCIS will continue to accept Form I-526 petitions based on investments through EB-5 regional centers through May 5, 2017.

3. USCIS Says Employers Should Review Form I-9s for SSN Glitch -Employers who used Form I-9, Employment Eligibility Verification, downloaded between November 14 and November 17, 2016, should review the forms to ensure that their employees’ Social Security numbers appear correctly in Section 1.

4. Redesigned Green Cards, EADs To Be Issued Beginning May 1 -The redesigns use enhanced graphics and fraud-resistant security features.

5. Visa Bulletin for May Discusses Expiration, Imminent Unavailability of Certain Visa Categories -Several visa categories are due to expire or become unavailable soon.

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

7. ABIL Member/Firm News -ABIL Member/Firm News

8. Government Agency Links -Government Agency Links


Details:

1. President Trump Signs ‘Buy American and Hire American’ Executive Order

On April 18, 2017, President Donald Trump signed a “Buy American and Hire American” executive order. The order sets the policy of the executive branch as, among other things, rigorously enforcing and administering laws governing entry into the United States of workers from abroad. The order also calls for new rules and guidance to “protect the interests of United States workers.”

Among other things, the order calls for the Secretaries of State, Labor, and Homeland Security, along with the Attorney General, to “propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate,” to protect U.S. workers in the administration of the immigration system, “including through the prevention of fraud or abuse.”

The order also calls for reforms “to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.” U.S. Citizenship and Immigration Services (USCIS) recently released a policy memorandum changing guidance on the H-1B specialty occupation designation for computer programmers.

President Trump announced the executive order during a visit to Snap-On Tools in Wisconsin on April 18. He said, “The ‘Buy and Hire American’ order I’m about to sign will help protect workers and students like those of you in the audience today. This historic action declares that the policy of our government is to aggressively promote and use American-made goods and to ensure that American labor is hired to do the job. It’s America first, you better believe it.” He said the order declares that “Made in America content” will be maximized in all federal projects, and that U.S. trade agreements will be investigated accordingly. He said that “widespread abuse” in the U.S. immigration system “is allowing American workers of all backgrounds to be replaced by workers brought in from other countries to fill the same job for sometimes less pay. This will stop.” That includes, he said, “taking the first steps to set in motion a long-overdue reform of H-1B visas.” He said that H-1B visas are currently awarded in “a totally random lottery” but that instead “they should be given to the most-skilled and highest-paid applicants, and they should never, ever be used to replace Americans.” President Trump also said the North American Free Trade Agreement (NAFTA) “has been very, very bad for our country,” and that his administration was going to “make some very big changes” or “get rid of NAFTA for once and for all.”

THE ORDER

RELATED PRESS STATEMENT

WHITE HOUSE “BACKGROUND BRIEFING” ON THE EXECUTIVE ORDER

USCIS MEMO ON COMPUTER PROGRAMMERS

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2. Congress Extends EB-5 Regional Center Program for a Week

The U.S. Congress passed a one-week stopgap funding bill to prevent a government shutdown and the expiration of the EB-5 regional center program. The continuing resolution will keep the U.S. federal government open through May 5, 2017, and U.S. Citizenship and Immigration Services will continue to accept Form I-526 petitions based on investments through EB-5 regional centers through that date.

It is unclear whether Congress will be able to resolve outstanding issues related to EB-5 program reform by May 5. It is possible that Congress will pass another continuing resolution extending funding until a later date. Stay tuned.

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3. USCIS Says Employers Should Review Form I-9s for SSN Glitch

U.S. Citizenship and Immigration Services (USCIS) announced on April 17, 2017, that employers who used Form I-9, Employment Eligibility Verification, downloaded between November 14 and November 17, 2016, should review the forms to ensure that their employees’ Social Security numbers appear correctly in Section 1. The agency said there was a glitch when the revised I-9 was first published on November 14, 2016, whereby numbers entered in the Social Security number field “were transposed when employees completed and printed Section 1 using a computer. For example, the number 123-45-6789 entered in the Social Security number field would appear as 123-34-6789 once the form printed.” USCIS said employers using an I-9 that contains this glitch should download and save a new I-9.

USCIS also said that employers who notice that their employees’ Social Security numbers are not written correctly “should have their employees draw a line through the transposed Social Security number in Section 1, enter the correct Social Security number, and then initial and date the change.” Employers should include a written explanation with the I-9 about why the correction was made.

USCIS said it immediately repaired and reposted the form on November 17, 2016.

ANNOUNCEMENT

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4. Redesigned Green Cards, EADs To Be Issued Beginning May 1

U.S. Citizenship and Immigration Services announced a redesign of the Permanent Resident Card (“green card”) and the Employment Authorization Document (EAD) as part of the “Next Generation Secure Identification Document Project.” USCIS began issuing the new cards on May 1, 2017. The redesigns use enhanced graphics and fraud-resistant security features.

The new green cards and EADs:

  • Display the individual’s photos on both sides
  • Show a unique graphic image and color palette:
  • Green cards will have an image of the Statue of Liberty and a predominately green palette (green cards also will no longer have an optical stripe on the back)
  • EAD cards will have an image of a bald eagle and a predominately red palette
  • Have embedded holographic images
  • No longer display the individual’s signature

Some green cards and EADs issued after May 1, 2017, may still display the existing design format because USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new green cards and EADs will remain valid until the expiration date shown on the card.

Certain EADs held by individuals in temporary protected status (TPS) and other designated categories have been automatically extended beyond the validity date on the card. For additional information on which EADs are covered, see HERE and HERE.

USCIS noted that some older green cards do not have an expiration date; such cards remain valid. The agency said that individuals who have such cards may want to consider applying for a replacement card bearing an expiration date. “Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen,” USCIS noted.

ANNOUNCEMENT

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5. Visa Bulletin for May Discusses Expiration, Imminent Unavailability of Certain Visa Categories

Several visa categories are due to expire or become unavailable soon. The Department of State’s Visa Bulletin for May 2017 includes the following information:

Scheduled Expiration of Two Employment Visa Categories

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to the continuing resolution signed on December 10, 2016, the non-minister special immigrant program expires on April 28, 2017. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight April 27, 2017. Visas issued prior to this date will only be issued with a validity date of April 27, 2017, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight April 27, 2017.

The final action date for this category has been listed as “Unavailable” for May. If there is legislative action extending this category for FY-2017, the final action date would immediately become “Current” for May for all countries except El Salvador, Guatemala, Honduras, and Mexico which would be subject to a July 15, 2015 final action date.

Employment Fifth Preference Categories (I5 and R5):

The continuing resolution signed on December 10, 2016 extended this immigrant investor pilot program until April 28, 2017. The I5 and R5 visas may be issued until close of business on April 28, 2017, 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 April 28, 2017.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for May. If there is legislative action extending them for FY-2017, the final action dates would immediately become “Current” for May for all countries except China-mainland born I5 and R5 which would be subject to a June 1, 2014 final action date.

Special Immigrant Visa Availability

The Department expects to exhaust the Special Immigrant Visas allocated by Congress under the Afghan Allies Protection Act of 2009, as amended, not later than June 1, 2017. As a result, the Final Action Date for the SQ category for certain Afghan nationals employed by or on behalf of the U.S. government in Afghanistan will become “Unavailable” effective June 2017. No further interviews for Afghan principal applicants in the SQ category will be scheduled after March 1, 2017, and further issuances will not be possible after May 30, 2017.

The SQ category for certain Iraqi nationals employed by or on behalf of the U.S. government in Iraq is not affected and remains current, though the application deadline was September 30, 2014.

The FY-2017 annual limit of 50 Special Immigrant Visas in the SI category was reached in December 2016 and the Final Action Date remains “Unavailable.” As included in the January 2017 Visa Bulletin, further issuances in the SI category will not be possible until October 2017, under the FY-2018 annual limit.

MAY 2017 VISA BULLETIN

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6. New Publications and Items of Interest

Miller Mayer has announced several upcoming webinars:

  • The EB-5 Program Reform: What Your Firm Should Be Aware Of in 2017, to be held Wednesday, May 17, 2017, from 12 noon to 2 pm ET. FOR MORE INFORMATION OR TO REGISTER
  • What Every Employer Needs To Know About Trump’s Immigration Changes, to be held Thursday, May 4, 2017, from 1 to 2 pm ET. FOR MORE INFORMATION OR TO REGISTER
  • Why U.S. Citizenship Is Important and How To Apply, to be held Wednesday, May 3, 2017, from 2 to 3 pm ET (no charge). TO REGISTER AND SUBMIT QUESTIONS
  • EB-5 Webinar, to be held Monday, May 1, 2017, from 1 to 2 pm ET. TO REGISTER AND SUBMIT QUESTIONS

Airport Lawyer is a free Web app that is intended to help ensure that immigrants are treated fairly at airports. Arrivals information can be securely passed along to large groups of volunteer attorneys who have been organized to monitor arrivals.

Listings and links to cases challenging executive orders, and related available pleadings, are available at 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.

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 on Twitter: @ABILImmigration. Recent ABIL member blogs are HERE.

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7. ABIL Member/Firm News

Charles Kuck participated in a discussion on Univision about the H-1B executive order.

Cyrus Mehta was quoted in “H-1B Briefing at White House Highlights Infosys, TCS, Cognizant Outsize Role in Lottery,” published by Firstpost on April 23, 2017. Regarding the Trump administration’s comparisons and assertions about H-1Bs driving down U.S. wages, Mr. Mehta noted that “[a] techie in Wisconsin and a techie in Silicon Valley will not be earning the same; there will be a difference. Additionally, a very senior-level H-1B worker in Wisconsin may be earning less than a junior-level person in Silicon Valley. They’re not factoring in regional differences,” he said. Mr. Mehta also spoke in a wide-ranging discussion on H-1B visas. A video of that conversation.

Cora-Ann V. Pestaina, of Mr. Mehta’s office, has published a new blog entry. “7 Points to Remember Regarding Resume Review in the PERM Process”

Wolfsdorf Rosenthal LLP has published several new blog entries. “EB-5 Update: Short-Term Extension of Regional Center Program to May 5, 2017” “Five Things To Know About USCIS’ New EB-5 Form I-526 and Form I-924” “5 Pro-Active Steps Employers Can Take To Prepare for Trump Administration’s ‘Buy American, Hire American’ April 18, 2017 Executive Order” “An Era of Uncertainty: Potential U.S. Immigration Policy Changes Under the Trump Administration”

Stephen Yale-Loehr will present a webinar, “What Every Employer Needs to Know About Trump’s Immigration Changes,” on Thursday, May 4, 2017, from 1 to 2 p.m. ET, hosted by ELI CLE. The webinar will discuss challenges and opportunities for employers and their foreign employees under the Trump administration. A Q&A session will follow the live event. FOR MORE INFORMATION OR TO REGISTER

Mr. Yale-Loehr was quoted in the following media regarding recent immigration-related developments:

Quotes related to Trump’s “Hire American” executive order:

  • Los Angeles Times (quotes Mr. Yale-Loehr as saying the executive order is “an overly simple solution to a complex problem”)
  • USA Today
  • Marketplace (radio interview)
  • Univision
  • China Daily
  • China Epoch Times
  • Al Jazeera TV interview

Quotes in publications re other immigration issues:

  • New York Times, about the EB-5 program (The EB-5 program “could be the one immigration program that [the Trump administration is] willing to accept. If done correctly, it creates jobs for U.S. workers.”)
  • The Atlantic, re DACA and the DREAMers (“If you don’t get this advance permission, known as advance parole, then by leaving the country you have effectively abandoned your DACA status. If you return, you are returning illegally and therefore you can be subject to deportation proceedings.”)
  • Reuters, re amicus briefs in travel ban litigation (“The second executive order was much more carefully written than the first. Maybe when various states analyzed it they weren’t as interested as joining.” However, he said, “amicus briefs sometimes are filed for political reasons.”)
  • Allentown PA Morning Call, re possible H-1B reform (Mr. Yale-Loehr said he hoped reforms would “walk the fine line of curbing fraud and abuse without inhibiting the use of H-1B workers where they’re truly needed to stimulate the economy.”)
  • China Daily, re possible EB-5 reform legislation
  • Univision
  • Watertown Daily Times
  • Vice News

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8. Government Agency Links

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

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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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 ABIL2017-05-01 00:00:462019-09-04 04:32:26News from the Alliance of Business Immigration Lawyers Vol. 13, No 5A • May 01, 2017

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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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