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News from the Alliance of Business Immigration Lawyers Vol. 13, No 8B • August 15, 2017

August 15, 2017/in Immigration Insider /by ABIL

Headlines:

1. Labor Dept. Announces Revisions to H-1B, H-1B1, and E-3 Forms, Comment Period -Pursuant to a June news release calling for proposed form changes “to better protect American workers, confront fraud, and increase transparency,” the Department of Labor published a notice announcing its intent to revise its information collection for the H-1B, H-1B1 and E-3 programs.

2. State Dept. Announces Oversubscription of EB-2 Category, Annual Numerical Limits for Immigration, Change-of-Address NVC Reporting Requirements -The Department of State’s Visa Bulletins for August and September 2017 include news on several topics.

3. Ninth Circuit Rules Against Good Faith Exception for Unauthorized Worker Employment and I-9 Violations -In a recent decision, the U.S. Court of Appeals for the Ninth Circuit found, among other things, that an employer could not make a good faith defense to a charge of continuing to employ unauthorized workers or failing to properly complete, retain, or produce I-9 employment verification forms.

4. CBP Says Attorneys Not Allowed in Secondary Inspection Areas of Ports of Entry -Attorneys report that CBP says that as of August 21, 2017, they will not be able to accompany clients in the secondary inspection area of any ports of entry, and that this is a national policy.

5. Former Airline Staffing Executive Pleads Guilty in Unlawful Fees Case -The executive admitted he falsely certified that he had received no payments, when in fact he had demanded and collected hundreds of thousands of dollars of unlawful fees from approximately 85 mechanics.

6. CBP Deploys Facial Recognition Biometric Exit Technology at More Airports -CBP has announced the deployment of facial recognition biometric exit technology to several more airports, including McCarran International Airport in Las Vegas, Nevada, for one daily flight from the United States to Guadalajara, Mexico; and to William P. Hobby International Airport in Houston, Texas, for select flights.

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

8. ABIL Member/Firm News -ABIL Member/Firm News

9. Government Agency Links -Government Agency Links


Details:

1. Labor Dept. Announces Revisions to H-1B, H-1B1, and E-3 Forms, Comment Period

Pursuant to the Secretary of Labor’s June 6, 2017, news release calling for proposed form changes “to better protect American workers, confront fraud, and increase transparency,” the Department of Labor has published a 60-day notice in the Federal Register announcing its intent to revise its information collection for the H-1B, H-1B1 and E-3 programs.

The revisions include the Labor Condition Application for Nonimmigrant Workers (LCA) Form ETA 9035/9035E (electronic), Form ETA 9035CP accompanying instructions, a new Appendix for the Form ETA 9035/9035E, and the Wage and Hour Division’s WH-4 Nonimmigrant Worker Information Form collection.

The Department says it seeks revisions to the Form 9035/9035E and Form 9035CP Instructions to “streamline parts of the current information collection to assist the regulated community with form completion; provide greater clarity of existing employer obligations under the programs; and promote greater program transparency by collecting additional information on the employment of temporary nonimmigrant workers by U.S. employers.” The Department also seeks revisions to the WH-4 “to provide the form in a LIVECYCLE document to improve accessibility and compliance” with the Rehabilitation Act and the Workforce Investment Act; to “assist the regulated community with form completion”; and to “collect additional information to facilitate complainant communication for the enforcement of Forms 9035 and 9035E.”

Written comments must be submitted in accordance with the 60-day notice’s instructions.

The August 3, 2017, announcement of the 60-day notice.

The related June 6, 2017, news release.

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2. State Dept. Announces Oversubscription of EB-2 Category, Annual Numerical Limits for Immigration, Change-of-Address NVC Reporting Requirements

The Department of State’s Visa Bulletins for August and September 2017 include news on several topics.

The August bulletin notes the oversubscription of the employment-based second preference (EB-2) category. High demand for numbers for U.S. Citizenship and Immigration Services (USCIS) adjustment-of-status applicants has required the establishment of cut-off dates for August for Worldwide, El Salvador, Guatemala, Honduras, Mexico, and Philippines EB-2 visa numbers. The bulletin says this action will allow number use to be held within the Worldwide annual limit. The Department expects the date for these countries to once again become Current for October, the first month of fiscal year (FY) 2018.

The September bulletin notes that any changes of address for applicants processing their cases overseas should always be reported to the National Visa Center (NVC). The bulletin provides details about what to include in communications with NVC and contact information.

The September bulletin also notes the annual determination of the numerical limits on immigrants for FY 2017. The worldwide employment-based preference limit is 140,000. For FY 2017, the per-country limit is 25,620 and the dependent area annual limit is 7,320.

AUGUST BULLETIN

SEPTEMBER BULLETIN

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3. Ninth Circuit Rules Against Good Faith Exception for Unauthorized Worker Employment and I-9 Violations

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit found, among other things, that an employer could not make a good faith defense to a charge of continuing to employ unauthorized workers or failing to properly complete, retain, or produce I-9 employment verification forms.

DLS Precision Fab LLC, a Phoenix, Arizona-based custom sheet metal fabrication company doing business as Di-Matrix Precision Manufacturing, had dealt with the sudden growth of its workforce due to an expansion of a Department of Defense program by hiring a well-credentialed human resources director to ensure compliance with applicable state and federal employment laws. Instead of doing so, however, the HR director shirked his responsibilities to the point of “literally stuffing the government’s correspondence in a drawer and never responding,” according to DLS. U.S. Immigration and Customs Enforcement subsequently inspected DLS’s I-9 forms and other relevant business information and served DLS with notices of suspect documents and intent to fine.

The court noted that the good faith defense, as argued by DLS, did not apply here. DLS conceded that its violations were substantive but contended that the “peculiar facts of this case” justified extending the good faith defense to the substantive violations because DLS had made a good faith effort to comply with the law’s employment requirements by hiring an HR director, but the HR director exhibited bad faith by neglecting his duty to keep DLS compliant. The court was not persuaded. Among other things, the court pointed out that under the law, such a defense might apply to technical or procedural, but not substantive, violations. Also, the court said, “DLS is not the first employer to hire an employee with the expectation that he or she will comply with the law only to be disappointed, nor is it likely to be the last. More broadly, DLS asks us to disregard the company’s responsibility for hiring and supervising its own employees. The HR director was acting as DLS’s agent, and his failure to perform his responsibility may properly be imputed to DLS.”

The full text of the opinion, DLS Precision Fab LLC v. U.S. Immigration & Customs Enforcement, 2017 S.O.S. 14-71980 (Aug. 7, 2017).

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4. CBP Says Attorneys Not Allowed in Secondary Inspection Areas of Ports of Entry

According to reports from attorneys serving clients in New York, the Buffalo office of U.S. Customs and Border Protection is advising that effective August 21, 2017, attorneys cannot accompany clients in the secondary inspection area of any ports of entry, and that this is a national policy.
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5. Former Airline Staffing Executive Pleads Guilty in Unlawful Fees Case

Following a U.S. Citizenship and Immigration Services (USCIS) investigation, Eleno Quinteros, Jr., former vice president of operations for two airline mechanic staffing companies, pled guilty on August 10, 2017, to charges of making false statements in support of lawful permanent resident petitions for dozens of the companies’ mechanics.

Mr. Quinteros admitted he falsely certified that he had received no payments, when in fact he had demanded and collected hundreds of thousands of dollars of unlawful fees from approximately 85 mechanics. According to the plea agreement, Quinteros collected as much as $567,480 from employees, even though employers are prohibited by law from demanding payment for their fees. Mr. Quinteros used some of the money to pay attorneys assisting with the applications and pocketed the rest.

The employees performed heavy maintenance on aircraft at a variety of locations nationwide. Mr. Quinteros was responsible for recruiting Mexican airline mechanics to work in the United States, and for helping recruits to obtain work visas such as TN or H-2B visas. According to the indictment, Mr. Quinteros first assisted recruits in obtaining work visas to come to the United States. He then agreed to help at least 85 of them pursue lawful permanent residence in exchange for substantial, unlawful fees. He instructed many employees to deposit money in his wife’s bank account or provide him with blank money orders to conceal the source of the unlawful funds.

Mr. Quinteros pleaded guilty to a single count of making a false claim in support of an immigration application. He admitted in his plea, however, that the underlying scheme involved more than 25 immigration documents. His sentencing is set for November 6, 2017.

USCIS ANNOUNCEMENT

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6. CBP Deploys Facial Recognition Biometric Exit Technology at More Airports

U.S. Customs and Border Protection (CBP) has announced the deployment of facial recognition biometric exit technology to several more airports, including McCarran International Airport in Las Vegas, Nevada, for one daily flight from the United States to Guadalajara, Mexico; and William P. Hobby International Airport in Houston, Texas, for select flights. This follows recent deployments of the technology to Washington Dulles International Airport; George Bush Intercontinental Airport in Houston, Texas; and O’Hare International Airport in Chicago, Illinois. An initial pilot was also conducted at Hartsfield-Jackson Atlanta International Airport. Additional deployments are planned in the near future.

John Wagner, CBP’s Deputy Executive Assistant Commissioner for Field Operations, said, “With the expansion of this technology we will be looking at different flights, airports, lighting conditions, and internal IT configurations to demonstrate to our stakeholders that this solution is flexible, reliable and easy for travelers to use.” Using the flight manifest, CBP builds a flight-specific photo gallery using photographs from the travel document the traveler provided to the airline. CBP then compares the live photo against the document photo in the gallery to ensure that the traveler is the true bearer of the document. If the photo captured at boarding is matched to a U.S. passport, the traveler—having been confirmed as a U.S. citizen—is automatically determined to be out of scope for biometric exit purposes and the photo is “discarded after a short period of time,” CBP said, adding that it “remains committed to protecting the privacy of all travelers.”

ANNOUNCEMENT

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7. New Publications and Items of Interest

A national database of occupational licensing, launched by the Center for the Study of Occupational Regulation, St. Francis University, documents and tracks the occupational licensing regulations for many professions. The database, which is free and open to the public, includes regulatory information affecting physicians, physician assistants, nurse practitioners, registered nurses, massage therapists, and physical therapists, among others. From the Find Occupations page, users can select their State, Industry, and Occupation.

Advisories and tips:

  • Immigration Court Practitioner’s Guide to Responding to Inappropriate Immigration Judge Conduct, by Catholic Legal Immigration Network, provides practitioners with information about the range of options available when inappropriate immigration judge conduct occurs, including how to file an administrative complaint with the Department of Justice’s Executive Office for Immigration Review.
  • Travel ban FAQ, by David Isaacson of Cyrus D. Mehta & Partners PLLC, updated July 19, 2017.
  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • 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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8. ABIL Member/Firm News

The following ABIL members are included in Who’s Who Legal: Corporate Immigration:

Bernard Caris

Maria Celebi

Eugene Chow

Steven Clark, of Clark Lau, LLC

Laura Danielson

Laura Devine

Rami Fakhoury

Charles Foster, of Foster LLP

Avi Friedman, of Wolfsdorf Rosenthal

Vic Goel

Avi Gomberg

Kehrela Hodkinson

Mark Ivener

H. Ronald Klasko

Jelle Kroes

Charles Kuck

Kirby Joseph

Jeff Joseph, of Joseph Law Firm

Vincent Lau

Robert Loughran

Dawn Lurie, of Seyfarth Shaw

Gabriele Mastmann, of Offer & Mastmann

Gunther Mävers

Marco Mazzeschi

Cyrus Mehta

Bettina Offer

Angelo Paparelli

Julie Pearl

Sharon Cook Poorak, of Seyfarth Shaw

William Reich

Ari Sauer, of Siskind Susser

Nicolas Rollason

Gregory Siskind, of Siskind Susser

William Stock, of Klasko Immigration Law Partners

Lynn Susser

Elissa Taub, of Siskind Susser

Anastasia Tonello, of Laura Devine Attorneys

Karl Waheed

Andrew Wilson, of Serotte Reich Wilson, LLP

Bernard Wolfsdorf

Stephen Yale-Loehr

Brian Zuccaro, of Serotte Reich Wilson, LLP

Mr. Goel and Mr. Siskind were mentioned/quoted in an op-ed on the RAISE Act in Forbes.com, “Cotton and Trump Team Hand America a Bad Bill.”

Mr. Klasko has published a new blog entry. “It’s All About Numbers” (re EB-5)

Mr. Kuck was quoted in an interview with National Public Radio on WABE 90.1, in “Georgia Immigrant, Refugee Advocates Blast Immigration Reduction Bill.” He noted, “People are going to immigrate. People are always going to go to places where there are more opportunities and options. And if America isn’t that place, someplace else will be.”

Mr. Loughran presented and was the discussion leader for “How to Prepare Your Clients for Potential Raids,” a live webinar on worksite enforcement hosted by the American Immigration Lawyers Association on July 18, 2017. As a panelist, Mr. Loughran provided a broad overview of recent enforcement trends and also co-authored a practice advisory on developing proactive immigration action plans for employers.

Mr. Loughran presented “Using EB-5 Capital for Project Development” to the State Bar of Texas Advanced Real Estate Law Seminar in San Antonio, Texas, on July 13, 2017. Mr. Loughran’s presentation focused on the EB-5 Immigrant Investor Program, the potential for use of foreign investment in real estate project development, and alternative U.S. visa options for foreign investors.

Mr. Loughran presented at the Geneva Group International’s Latin America Conference in Santiago, Chile, on “Desarollos en la Ley de Inmigracion de los Estados Unidos,” focused on changes in immigration enforcement by the Trump administration and the U.S. immigration options that continue to remain in place for Chilean and Latin American nationals despite these developments.

Mr. Mehta has published a new blog entry. “RAISE Act Will Hurt Immigrants, Americans and America”

Mr. Paparelli has published a new blog entry. “Trump Administration Should Offer Better Immigration Options for Entrepreneurs—Don’t Throw Out the Entrepreneurial Baby With the Parole Bathwater”

Wolfsdorf Rosenthal LLP has published several new blog entries. “5 Fears Arising From the Latest Foreign Affairs Manual Updates by Department of State” “5 Reasons Why Tom Cotton’s Bill That President Trump Supports Is Bad Policy” “5 Reasons Indian Citizens Should Consider EB-5” “The RAISE Act: A Big Lie?” “California Court of Appeal Rules Form I-864, Affidavit of Support, Creates Enforceable Contract Between Sponsor and Immigrant”

Mr. Yale-Loehr was quoted in an article in the Financial Times about a new bill to slash immigration in half. “It’s going to be very hard to get through Congress. Immigration is just as complicated as healthcare and tax reform,” he said.

Mr. Yale-Loehr was quoted in an article on NBC News about how President Trump’s travel ban may fare in the Supreme Court. “Immigration touches on national sovereignty and the [Supreme] Court has been largely loath to second guess the president,” he said.

Mr. Yale-Loehr was quoted by the Bureau of National Affairs in an article in Bloomberg Law Daily Labor Report about a bill that would boost Northern Mariana Islands foreign worker permits. The legislation is likely a “one-off” because of the small number of permits added and their temporary nature, he noted. It’s also “noteworthy” that an earlier version of the bill called for 2,000 additional permits but that that number was pared down considerably, he said.

Mr. Yale-Loehr was quoted in various international publications regarding President Trump’s support for the RAISE Act, a bill to limit legal immigration, including:

  • Los Tiempos
  • Financial Times Daily Briefing
  • Deutsche Welle
  • Financiero
  • United Daily News (Taiwan)
  • El Cronista
  • Deutsche Wirtschafts Nachrichten
  • Entorno Inteligente

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9. 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 ABIL2017-08-15 00:00:232019-09-04 03:16:46News from the Alliance of Business Immigration Lawyers Vol. 13, No 8B • August 15, 2017

News from the Alliance of Business Immigration Lawyers Vol. 13, No 8A • August 01, 2017

August 01, 2017/in Immigration Insider /by ABIL

Headlines:

1. Sens. Graham, Durbin Introduce Bipartisan ‘Dream Act’ -On July 20, 2017, Sens. Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced the “Dream Act,” a bipartisan legislative effort that would allow immigrant students who grew up in the United States to earn lawful permanent residence.

2. DHS Increases FY 2017 Limit on H-2B Temporary Nonagricultural Workers -The Departments of Homeland Security and Labor issued a “temporary rule” on July 19, 2017, to increase the limit of 66,000 H-2B nonimmigrant visas by authorizing the issuance of up to an additional 15,000 visas through the end of fiscal year 2017.

3. Supreme Court Allows Temporary Exemption for Grandparents, Others From Travel Ban, But Not for Certain Refugees -On July 19, 2017, the U.S. Supreme Court allowed a temporary exemption of grandparents and certain other relatives of those in the United States from President Donald Trump’s travel ban to stand, but continued the temporary travel ban for certain refugees.

4. USCIS To Resume H-1B Premium Processing for Certain Cap-Exempt Petitions -USCIS has resumed premium processing for certain cap-exempt H-1B petitions as of July 24, 2017.

5. USCIS Announces Return of All Unselected FY 2018 H-1B Cap-Subject Petitions -Those who submitted an H-1B cap-subject petition between April 3 and April 7, 2017, but have not received a receipt notice or a returned petition by July 31 may contact USCIS for assistance.

6. USCIS Revises I-9 Employment Eligibility Verification Form -Employers can use the revised version or continue using Form I-9 with a revision date of 11/14/16N through September 17, 2017. On September 18, employers must use the revised form with a revision date of 07/17/17N.

7. ABIL Global: Peru -A new law establishes a series of changes to the law on migration with respect to citizen security; standards for the internal and external immigration policy of Peru, including some aspects of the National Superintendence of Immigration; and the regulation of border security, among other important aspects. The ultimate aim of the new law is to simplify and order the immigration law protecting the fundamental rights of national and foreign citizens, and strengthen national security.

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. Sens. Graham, Durbin Introduce Bipartisan ‘Dream Act’

On July 20, 2017, Sens. Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced the “Dream Act,” a bipartisan legislative effort that would allow immigrant students who grew up in the United States to earn lawful permanent residence. As of press time, co-sponsors also included Sen. Jeff Flake (R-AZ) and Sen. Charles Schumer (D-NY).

“These young people have lived in America since they were children and built their lives here,” said Sen. Graham. “There is support across the country for allowing Dreamers—who have records of achievement—to stay, work, and reach their full potential. … [T]his may be an area where both parties can come together.”

Sen. Durbin said, “I’ll do everything in my power as a United States Senator to protect these Dreamers and give them the chance to become American citizens so they can contribute to a brighter future for all Americans. I first introduced the Dream Act 16 years ago and I’ll continue fighting until it becomes the law of the land. I thank Senator Graham for partnering with me in this bipartisan effort.”

The Dream Act would allow eligible young people to earn lawful permanent residence, and eventually U.S. citizenship, if they:

  • Are longtime residents who came to the United States as children;
  • Graduate from high school or obtain a GED;
  • Pursue higher education, work lawfully for at least three years, or serve in the military;
  • Pass security and law enforcement background checks and pay a reasonable application fee;
  • Demonstrate proficiency in the English language and a knowledge of United States history; and
  • Have not committed a felony or other serious crimes and do not pose a threat to the United States.

TEXT OF BILL, S. 1615

RELATED JOINT STATEMENT FROM SENS. GRAHAM AND DURBINONE-PAGE SUMMARYSECTION-BY-SECTION SUMMARY

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2. DHS Increases FY 2017 Limit on H-2B Temporary Nonagricultural Workers

The Departments of Homeland Security and Labor issued a “temporary rule” on July 19, 2017, to increase the limit of 66,000 H-2B nonimmigrant visas by authorizing the issuance of up to an additional 15,000 visas through the end of fiscal year 2017. The Departments said this is a one-time increase “based on a time-limited statutory authority” and does not affect the H-2B program in future fiscal years. They plan to promulgate regulations to implement this determination. The rule is effective July 19, 2017, through September 30, 2017.

The Departments explained that because of the intense competition for H-2B visas in recent years, the semi-annual visa allocation, and the regulatory requirement that employers apply for labor certification 75 to 90 days before the start date of work, employers who wish to obtain visas for their workers under the semi-annual allotment must act early to receive a temporary labor certification (TLC) and file a petition with USCIS. As a result, the Departments noted, the Department of Labor typically sees a significant spike in TLC applications for H-2B visas for temporary or seasonal jobs during the U.S.’s warm weather months. For example, in FY 2017, of the TLC applications filed in January, the Office of Foreign Labor Certification (OFLC) certified 54,827 worker positions for start dates of work on April 1, in excess of the entire semi-annual visa allocation. U.S. Citizenship and Immigration Services received sufficient H-2B petitions to meet the second half of the fiscal year regular cap on March 13, 2017. This was the earliest date that the cap was reached in a respective fiscal year since FY 2009 and reflects an ongoing trend of high program demand, the Departments explained.

Following consultation with the Secretary of Labor, the Secretary of Homeland Security determined that the needs of some U.S. businesses could not be satisfied in FY 2017 with U.S. workers who are willing, qualified, and able to perform temporary nonagricultural labor. The Secretary of Homeland Security determined that it was appropriate to raise the numerical limitation on H-2B nonimmigrant visas by up to an additional 15,000 for the remainder of the fiscal year, which ends September 30. Consistent with such authority, the Secretary of Homeland Security decided to increase the H-2B cap for FY 2017 by up to 15,000 additional visas for those U.S. businesses that attest to a level of need such that, if they do not receive all of the workers under the cap increase, they are likely to suffer irreparable harm; i.e., a permanent and severe financial loss. These businesses must attest that they will likely suffer irreparable harm and must retain documentation supporting this attestation, the Departments note.

The Secretary of Homeland Security’s determination to increase the numerical limitation was based on the conclusion that “some businesses face closing their doors in the absence of a cap increase.” The Departments noted that some stakeholders reported that access to additional H-2B visas is essential to the continued viability of some small businesses that play an important role in sustaining the economy in their states, while others stated that an increase is unnecessary and raises the possibility of abuse. The Secretary of Homeland Security has deemed it “appropriate, notwithstanding such risk of abuse, to take immediate action to avoid irreparable harm to businesses; such harm would in turn result in wage and job losses by their U.S. workers, and other adverse downstream economic effects.”

THE RULE, which was published at 82 Fed. Reg. 32987 (July 19, 2017)

DETAILS ON ELIGIBILITY AND FILING REQUIREMENTS

The page includes an email address for reporting fraud and abuse at ReportH2Babuse@uscis.dhs.gov.

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3. Supreme Court Allows Temporary Exemption for Grandparents, Others From Travel Ban, But Not for Certain Refugees

On July 19, 2017, the U.S. Supreme Court allowed a temporary exemption of grandparents and other relatives (grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law, and sisters-in-law) of those in the United States from President Donald Trump’s temporary travel ban to stand. However, the court continued the temporary travel ban for certain refugees, at least until the U.S. Court of Appeals for the Ninth Circuit can review the related appeal. The people affected are from Iran, Syria, Sudan, Libya, Yemen, and Somalia. Also exempt from the travel ban, per a Trump administration list, are parents, spouses, fiancé(e)s, sons, daughters, sons-in-law, daughters-in-law, and siblings.

The Supreme Court also denied the Trump administration’s motion to clarify its order of June 26, 2017.

SUPREME COURT’S BRIEF ORDER

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4. USCIS To Resume H-1B Premium Processing for Certain Cap-Exempt Petitions

U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for certain cap-exempt H-1B petitions as of July 24, 2017.

USCIS explained that the H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or higher. Premium processing will resume for petitions that may be exempt from the cap if the H-1B petitioner is:

  • An institution of higher education;
  • A nonprofit related to or affiliated with an institution of higher education; or
  • A nonprofit research or governmental research organization.

Premium processing will also resume for petitions that may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization, or entity.

Cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service, for Form I-129, Petition for a Nonimmigrant Worker. The I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition.

USCIS previously announced that premium processing resumed on June 26, 2017, for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program as well as interested government agency waivers.

USCIS said it plans to resume premium processing for other H-1B petitions “as workloads permit.” USCIS plans to make additional announcements with specific details related to when the agency will begin accepting premium processing for those petitions. Until then, premium processing remains temporarily suspended for all other H-1B petitions. USCIS will reject any Form I-907s filed for those petitions, and if the petitioner submitted one check combining the Form I-907 and Form I-129 fees, USCIS will reject both forms.

USCIS ANNOUNCEMENT

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5. USCIS Announces Return of All Unselected FY 2018 H-1B Cap-Subject Petitions

U.S. Citizenship and Immigration Services (USCIS) announced on July 19, 2017, that it has returned all fiscal year 2018 H-1B cap-subject petitions that were not selected by the agency’s computer-generated random selection process. USCIS previously announced that it had completed data entry for all selected cap-subject petitions.

USCIS said that those who submitted an H-1B cap-subject petition between April 3 and April 7, 2017, but have not received a receipt notice or a returned petition by July 31 may contact USCIS for assistance.

CONTACT INFORMATION

ANNOUNCEMENT

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6. USCIS Revises I-9 Employment Eligibility Verification Form

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. USCIS said employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16N through September 17, 2017. On September 18, employers must use the revised form with a revision date of 07/17/17N. The revised form includes the changes summarized below.

Revisions to the Form I-9 instructions:

  • The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been changed to its new name, Immigrant and Employee Rights Section.
  • “the end of” has been removed from the phrase “the first day of employment.”

Revisions related to the List of Acceptable Documents on Form I-9:

  • The Consular Report of Birth Abroad (Form FS-240) has been added to List C. Employers completing the I-9 on a computer can select Form FS-240 from the dropdown menus in List C of Sections 2 and 3. E-Verify users can also select Form FS-240 when creating a case for an employee who has presented this document for Form I-9 purposes.
  • All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) have been combined into selection C #2 in List C.
  • All List C documents except the Social Security card have been renumbered. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.

NOTICE

USCIS said it has also included these changes in the I-9 handbook for employers.

REVISED FORM, in English and Spanish

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7. ABIL Global: Peru

On January 7, 2017, legislative decree N° 1350, the “New Law of MIGRACIONES,” was published in the Official Gazette El Peruano under the powers delegated by the Peruvian Congress by virtue of Law No. 30506. The new law establishes a series of changes to the law on migration with respect to citizen security, standards for the internal and external immigration policy of Peru, including some aspects of the National Superintendence of Immigration (MIGRACIONES), and the regulation of border security, among other important aspects. The ultimate aim of the new law is to simplify and revise the immigration law protecting the fundamental rights of national and foreign citizens, and to strengthen national security.

Legislative Decree N° 1350, in force since March 1, 2017, means considerable progress because it changes the scheme considerably with respect to immigration categories and statuses, and creates several new immigration statuses, among other things. New regulations were published in El Peruano on March 27, 2017, with Supreme Decree No. 007-2017-IN.

With the entry into force of the new law, the former Aliens Law N° 703 and its amendment, Legislative Decree N° 1043, were repealed along with Legislative Decree No. 1236 and any rule that violates Legislative Decree No. 1350.

The law includes two important changes:

  1. With respect to temporary migratory status for business, the new law allows foreigners who do not intend to live in Peru to perform business, legal, contractual, and specialized technical assistance or similar activities in Peruvian territory. The status is granted for 183 days, consecutive or cumulative, over a period of 1 year counted from the first entry into Peru. This status is not renewable for temporary migration for business.
  2. “Appointed worker” status is now granted not only on a temporary basis, but also as a resident status.

Thus, foreign individuals coming to work in Peru to carry out labor activities in the national territory, which consist of the accomplishment of a specific task or function or a job that requires specialized professional, commercial, or technical knowledge and who are sent by a foreign employer, as well as those who are commissioned by a highly specialized international corporation for the repair or maintenance of machinery or technically complex or advanced systems or mechanisms, or for corporate audits and international certifications, may receive a temporary visa with an authorized stay of 183 days, consecutive or cumulative, over a period of one year counted from the first entry into Peruvian territory, extendable up to a total of one year, maximum. In sum, for temporary appointed worker migratory status, the initial authorized period of stay is 183 days (consecutive or cumulative), which can be extended in a subsequent process up to one year. For resident appointed worker migratory status, the visa is granted for one year, renewable.

Both types of status allow multiple entries. Foreigners with resident appointed worker migratory status will hold a foreign card (carné de extranjería).

A foreigner with this migratory status cannot carry out paid or lucrative activities, either self-employed such as freelancing or independent contracting, or working as a subordinated employee, in Peru.

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8. New Publications and Items of Interest

The E-Verify User Manual has been updated to include the latest system enhancements and policy updates. Some sections have been reorganized and consolidated.

MANUAL

TABLE OF CHANGES (scroll down)

Travel ban FAQ, by David Isaacson of Cyrus D. Mehta & Partners PLLC, updated July 19, 2017.

Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases.

ADVISORY

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

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

H. Ronald Klasko, William A. Stock, Elise A. Fialkowski (partners), and Andrew Zeltner (associate), all of Klasko Immigration Law Partners, LLP,participated in the American Immigration Lawyers Association’s (AILA) 2017 Annual Conference June 21-24, 2017. Mr. Klasko participated as discussion leader in an advanced-level roundtable discussion about the major changes in the EB-5 program and presented strategies to overcome the issues. Mr. Stock participated in a strategy session on hot topics with other AILA National Officers, and also presented on the ever-changing landscape in practicing immigration law. Ms. Fialkowski presented on an all-levels panel about the key issues for U.S. practitioners with respect to global immigration. Mr. Zeltner participated on an intermediate-level panel on how to maintain LPR status when assigned or choosing to live abroad temporarily.

Cyrus Mehta recently discussed “Is the U.S. in Danger of Losing Immigrant Entrepreneurs?” in a podcast.

Mr. Mehta has published several new blog entries. “H-1B Entry Level Wage Blues” “Trump’s H-2B Visa Conflict: How We Can Take Advantage Of It to Gain Broader Immigration Reform” “Supreme Court’s Heightened Standard for Revoking Naturalization Should Apply to All Immigration Benefits”

Angelo Paparelli has published “The Known and Unknown Future of the EB-5 Immigrant Investment Program at USCIS and the Office of the USCIS Ombudsman.”

Wolfsdorf Rosenthal LLP has published a new blog entry. “Solutions to the Chinese EB-5 Visa Backlog”

David Fullmer and his team of immigration professionals have merged with Wolfsdorf Rosenthal LLP‘s immigration law practice as of August 1, 2017. Mr. Fullmer is a top-rated immigration lawyer and Chair of the Immigration Section of the Los Angeles County Bar Association. He will work alongside veteran Bernie Wolfsdorf to provide exceptional quality immigration services.

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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 ABIL2017-08-01 00:00:082019-09-04 03:26:34News from the Alliance of Business Immigration Lawyers Vol. 13, No 8A • August 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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