• Facebook
  • Twitter
  • LinkedIn
ABIL
  • Home
  • About
  • ABIL Lawyers
    • North America
      • Canada
      • Mexico
      • United States
    • South America
      • Colombia
      • Peru
    • Europe
      • Austria
      • Belgium
      • France
      • Germany
      • Italy
      • Netherlands
      • Poland
      • Spain
      • Switzerland
      • Turkey
      • United Kingdom
    • Asia Pacific & Africa
      • Australia
      • Hong Kong
  • Global Immigration
    • North America
      • Canada
      • Mexico
      • United States
    • South America
      • Brazil
      • Colombia
      • Peru
    • Europe
      • Austria
      • Belgium
      • France
      • Germany
      • Italy
      • Netherlands
      • Spain
      • Switzerland
      • Turkey
      • United Kingdom
    • Asia Pacific & Africa
      • Australia
      • China
      • Hong Kong
      • India
      • Japan
      • South Africa
  • Services
    • Corporate Services
    • Compliance Services
    • Global Immigration Services
    • Government Policy
    • Complex Cases
    • Investment Services
    • Litigation Services
    • Pro Bono Services
  • Industries
  • Resources
    • Blogs
    • News
    • Newsletters
    • Videos & Recordings
    • Articles
  • Contact
  • Search
  • Menu Menu

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4E • April 28, 2019

April 28, 2019/in Immigration Insider /by ABIL

Headlines:

1. E-2 Investor Visa Program Opens to Israelis May 1 -Effective May 1, 2019, the E-2 investor visa program will open to Israelis under a reciprocal treaty investor agreement signed between the United States and Israel.

2. USCIS Responds to Congressional Letter Asking for Info on Backlog Causes -The letter asked the agency to explain the reasons for backlogged cases and how certain policies such as “extreme vetting” affect processing times and contribute to the backlog.

3. President Issues Memo on Combating Nonimmigrant Overstay Rates -Among other things, the memo states that the Secretary of State will engage with the governments of countries with a total overstay rate greater than 10 percent in the combined B-1 and B-2 nonimmigrant visa category, with a goal of identifying conditions contributing to those overstay rates and methods to address those conditions.

4. USCIS Ending Forms Request Line June 1 -Starting June 1, 2019, U.S. Citizenship and Immigration Services is ending the Forms Request Line service that allows people to order forms by phone.

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

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

7. Government Agency Links -Government Agency Links


Details:

1. E-2 Investor Visa Program Opens to Israelis May 1

Effective May 1, 2019, the E-2 investor visa program will open to Israelis under a reciprocal treaty investor agreement signed between the United States and Israel.

Certain Israeli nationals who are lawfully present in the United States will be able to request a change of status to the E-2 treaty investor classification. Also, the U.S. Embassy in Israel notes that Israeli companies seeking E visas for their owners or employees must apply at the Branch Office in Tel Aviv and establish that the trading enterprise or investment meets the requirements. For both first-time applicants and renewals, the company must submit supporting documents, including the individual application for the employee, by mail.

Details: USCIS announcement; information from U.S. Embassy in Israel; related news article

Back to Top


2. USCIS Responds to Congressional Letter Asking for Info on Backlog Causes

U.S. Citizenship and Immigration Services (USCIS) responded on April 5, 2019, to a letter sent from 86 members of the U.S. House of Representatives to USCIS Director Francis Cissna. The letter asked the agency to explain the reasons for backlogged cases and how certain policies such as “extreme vetting” affect processing times and contribute to the backlog.

Regarding some of the reasons for the current backlog, USCIS noted:

  • USCIS did not anticipate that filings would remain steady in FY 2017 following the implementation of the new fees in December 2016 and the presidential election in November 2016. For example, after the presidential election, naturalization filings did not decrease. The increase in filings therefore outpaced the agency’s capacity to complete processing applications within the time goals.
  • Additional interview requirements resulting from new programs/policies led to increased workloads, security checks, and overall processing times.
  • It appears that increased processing times may have been the result of USCIS changing its “focus for employee evaluations to the quality of their work product and away from numerical case production metrics.”
  • USCIS experienced hiring constraints due to budget concerns. There was also a lag in productivity concerning newly recruited officers as they needed time to ramp up on training.

USCIS’ historical data confirms that the agency’s new in-person interview requirement has contributed to the backlog for I-485 employment-based green card cases.

The congressional letter also asked for any analyses conducted by USCIS on its reversal of longstanding guidance concerning deference toward prior determinations for employment visa petitions. USCIS responded that it lacked data to perform such analyses.

Details: USCIS response (including representatives’ queries), (click “Open”).

Back to Top


3. President Issues Memo on Combating Nonimmigrant Overstay Rates

On April 22, 2019, President Donald Trump issued a memorandum on “Combating High Nonimmigrant Overstay Rates.” Many of the measures mentioned in the memo are not law yet.

Among other things, the memo states:

  • Visa overstay rates are “unacceptably high for nationals of certain countries.”
  • The Secretary of State will “engage with the governments of countries with a total overstay rate greater than 10 percent in the combined B-1 and B-2…visa category,” with a goal of identifying conditions that contribute to “those overstay rates and methods to address those conditions.”
  • Recommended measures to combat visa overstay include:
    • “Suspending or limiting entry of nationals of those countries who hold B-1 or B-2 visas;”
    • Imposing “targeted suspension of visa issuance for certain nationals; limits to duration of admission;” and
    • Enforcing “additional documentary requirements.”
  • Measures may be developed for imposing “admission bonds” to improve compliance with the terms/conditions of visas.

Details: Presidential memo

Back to Top


4. USCIS Ending Forms Request Line June 1

Starting June 1, 2019, U.S. Citizenship and Immigration Services is ending the Forms Request Line service that allows people to order forms by phone. The agency is encouraging applicants to download and print forms for free from the USCIS website.

Mailed forms can still be requested by calling the USCIS Contact Center or through the agency’s “Forms by Mail” online request tool.

Details: USCIS announcement; Forms by Mail; forms site; USCIS Contact Center

Back to Top


5. New Publications and Items of Interest

Immigrant and Employee Rights webinars. The Department of Justice’s Immigrant and Employee Rights Section is offering free webinars to the public in April. The webinars are for workers, employers, and advocates. More information or to register

Alliance of Business Immigration Lawyers:

  • ABIL is available on Twitter: @ABILImmigration.
  • Recent ABIL member blogs are at http://www.abilblog.com/.

Organizations seeking non-lawyer and lawyer volunteers. Cornell Law School has compiled a list of organizations seeking non-lawyer and lawyer volunteers to help migrants in U.S. detention and deportation proceedings. The list, which is updated on an ongoing basis

Nation of immigrants. Podcasts on U.S. immigration history and what it means to be an immigrant in America:

    • Statutes of Liberty: (new episodes: A Prescription for Success: EB-1 for Physicians; The Best, Brightest, and Backlogged, discusses the backlog, who it affects, how to read the Visa Bulletin, and strategies for EB-1 visas)
    • Code Switch Podcast: What Does It Mean To Be A ‘Nation of Immigrants‘?
    • Hidden Brain: The Huddled Masses and the Myth of America
    • American Pendulum I

Advisories and tips:

  • 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. The advisory is here.
  • 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.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

Back to Top


6. ABIL Member / Firm News

Several members of the Alliance of Business Immigration Lawyers (ABIL) have authored articles for the inaugural AILA Law Journal, a publication of the American Immigration Lawyers Association:

Kehrela Hodkinson, “Renunciation of U.S. Citizenship: Why Would a Client ‘Give It All Up?’ ”

Cyrus Mehta, “The Curse of Kazarian v. USCIS in Extraordinary Ability Adjudications Under the Employment-Based First Preference”

Angelo Paparelli, “USCIS’s Fraud Detection and National Security Directorate: Less Legitimate Than Inspector Clouseau, But Without the Savoir Faire“All three of the ABIL members listed above are also on the publication’s Board of Editors, along with William Stock, of Klasko Immigration Law Partners, LLP. The publication is available here.

Mr. Mehta has authored a blog entry, “Positive Changes to 90-Day Misrepresentation Guidance in the Foreign Affairs Manual—Especially for Foreign Students“.

Sophia Genovese, of Cyrus D. Mehta & Partners PLLC, has authored a new blog entry, “G Barr Cannot Ignore the Constitution: The AG’s Latest Attack on Asylum Seekers in Matter of M-S-“.

Stephen Yale-Loehr was quoted by the Associated Press in “Border Patrol Expands Fingerprinting of Migrant Children,” which was published in many outlets. “DHS may claim that they can get around this bar [against taking biometric data from children] by getting parental permission, but that interpretation is subject to court challenge. To do this legally, DHS needs to go through the rulemaking process to change the regulation.”

Back to Top


7. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and 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 State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-04-28 09:33:152019-09-03 09:41:33News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4E • April 28, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4D • April 21, 2019

April 21, 2019/in Immigration Insider /by ABIL

Headlines:

1. Visa Bulletin Shows Slight Forward Progress in Some Backlogged Preference Categories -Regarding EB-1 for China and India, the bulletin notes a continued “extremely high rate of demand” that may require temporary retrogression until October.

2. New USCIS Policy Guidance Clarifies Marijuana-Related Activities Bar on Naturalization -Certain marijuana-related activities generally bar naturalization even if they are decriminalized under applicable state laws.

3. State Dept. to Issue Final Rule on “Discontinuing” Granting Visas When Country is Sanctioned -The Department will publish a final rule, effective April 22, 2019, modifying current regulations to reflect that consular offices are to discontinue granting visas to individuals from certain sanctioned countries.

4. Acting Secretary of Homeland Security Announces New Office for Targeted Violence and Terrorism Prevention, New CBP Commissioner -Kevin McAleenan has replaced Kirstjen Nielsen, who was forced to resign recently.

5. Attorney General’s Decision Opens Door to Indefinite Detention of Asylum Seekers -A person who is transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond.

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. Visa Bulletin Shows Slight Forward Progress in Some Backlogged Preference Categories

The Department of State’s Visa Bulletin for May 2019 shows slight forward progress for EB-1 for all chargeability areas except China and India, EB-2 for China and India, EB-3 and Other Workers China, India, and the Philippines, and EB-5 China and Vietnam. The remainder of the priority dates remain current with per-country quotas not reached.

Regarding EB-1 for China and India, the bulletin notes a continued “extremely high rate of demand” that may require temporary retrogression until October.

U.S. Citizenship and Immigration Services (USCIS) has announced that the agency will follow the “Final Action Dates” chart for the month for accepting I-485 Adjustment of Status applications.

Details: Visa Bulletin for May 2019; USCIS announcement

Back to Top


2. New USCIS Policy Guidance Clarifies Marijuana-Related Activities Bar on Naturalization

U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance to clarify that certain marijuana-related activities generally bar naturalization even if they are decriminalized under applicable state laws. Such an applicant may be deemed to lack good moral character if found to have violated federal law, the guidance states.

Federal law classifies marijuana as a “Schedule I” controlled substance whose manufacture (which includes production, such as planting, cultivation, growing, or harvesting), distribution, dispensing, or possession may lead to immigration consequences. Some practitioners are advising clients not to work for or invest in marijuana-related companies. Reportedly, U.S. Customs and Border Protection is also checking social media accounts.

Details: Announcement; policy manual update; video warning immigrants co-produced by Servicios De La Raza and the Marijuana Industry Group

Back to Top


3. State Dept. to Issue Final Rule on “Discontinuing” Granting Visas When Country is Sanctioned

The Department of State will publish a final rule, effective April 22, 2019, modifying current regulations to reflect that consular officers are to discontinue granting visas to individuals from certain sanctioned countries.

Under the current regulation, consular officers either grant or deny every visa application. The final rule creates a third and different action, requiring consular officers to discontinue granting visas when a country has been sanctioned for “denying or delaying accepting one or more of its nationals subject to a final order of removal from the United States.”

Details: Final rule

Back to Top


4. Acting Secretary of Homeland Security Announces New Office for Targeted Violence and Terrorism Prevention, New CBP Commissioner

Kevin McAleenan, formerly head of U.S. Customs and Border Protection (CBP) and the new Acting Homeland Security Secretary, has replaced Kirstjen Nielsen, who was forced to resign recently amid President Trump’s declarations that he wanted a “tougher direction” for immigration. One of his first acts was announcing the establishment of a new Office for Targeted Violence and Terrorism Prevention within the Department of Homeland Security (DHS) on April 19, 2019. Acting Secretary McAleenan also designated John P. Sanders, CBP Chief Operating Officer, as the senior official performing the functions and duties of the CBP Commissioner.

Details: Statement from Secretary McAleenan; announcement of new office; announcement of Mr. Sanders as head of CBP; notes on Secretary McAleenan’s recent trip to the U.S.-Mexico border; McAleenan bio

Back to Top


5. Attorney General’s Decision Opens Door to Indefinite Detention of Asylum Seekers

A new decision by Attorney General William Barr holds that a person who is transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond. Such a person “must be detained until his removal proceedings conclude, unless he is granted parole,” the decision states.

Details: Matter of M-S-

Back to Top


6. New Publications and Items of Interest

IMAGE forum and training. U.S. Immigration and Customs Enforcement has announced the 2019 IMAGE Forum and Training, a day of free training on the IMAGE (ICE Mutual Agreement between Government and Employers) program, Form I-9, how to establish an immigration compliance program, proper hiring procedures, detecting fraudulent documents, the use of E-Verify, and antidiscrimination procedures. The training will be held on May 1, 2019, in Orlando, Florida. More information or to register

Immigrant and Employee Rights webinars. The Department of Justice’s Immigrant and Employee Rights Section is offering free webinars to the public in April. The webinars are for workers, employers, and advocates. More information or to register

Alliance of Business Immigration Lawyers:

  • ABIL is available on Twitter: @ABILImmigration.
  • Recent ABIL member blogs are at http://www.abilblog.com/.

Organizations seeking non-lawyer and lawyer volunteers. Cornell Law School has compiled a list of organizations seeking non-lawyer and lawyer volunteers to help migrants in U.S. detention and deportation proceedings. The list, which is updated on an ongoing basis

Nation of immigrants. Podcasts on U.S. immigration history and what it means to be an immigrant in America:

    • Statutes of Liberty: (new episodes: A Prescription for Success: EB-1 for Physicians; The Best, Brightest, and Backlogged, discusses the backlog, who it affects, how to read the Visa Bulletin, and strategies for EB-1 visas)
    • Code Switch Podcast: What Does It Mean To Be A ‘Nation of Immigrants‘?
    • Hidden Brain: The Huddled Masses and the Myth of America
    • American Pendulum I

Advisories and tips:

  • 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. The advisory is here.
  • 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.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

Back to Top


7. ABIL Member / Firm News

Dagmar Butte was quoted by Recode in “New Immigration Rules Could Prevent Our Next Elon Musk.” The article notes that although Silicon Valley is focused more on experience and entrepreneurship than on advanced degrees, USCIS is actively increasing the percentage of master’s degree candidates selected for the H-1B program. Ms. Butte noted that “[t]ech companies spend a lot of time looking at skill sets which may or may not be tied to a degree. Usually they are experiential as opposed to being part of an advanced degree.”

Cyrus Mehta has authored a new blog entry, “Are the Canadian and U.S. Refugee/Asylum Processes Really ‘Similar Enough’? How the New Refugee Bar in Bill C-97 Is Based on a Misunderstanding of U.S. Asylum Law.”

Back to Top


8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and 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 State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-04-21 09:26:142019-09-03 09:33:05News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4D • April 21, 2019

News from the Alliance of Business Immigration Lawyers Vol. 9, No. 2 • April 15, 2019

April 15, 2019/in Global Immigration Update /by ABIL


Headlines

1. DOCUMENT RETENTION POLICIES AND PRACTICES: AN OVERVIEW -This article provides an overview of document retention policies and practices in Canada and Italy.

2. COLOMBIA -This article summarizes several developments in Colombia: All visa procedures must now be completed online; the Migrant Mercosur visa for Chilean nationals has been suspended due to a lack of reciprocity; there has been a breakdown of diplomatic relations between Colombia and Venezuela that has affected migratory processes; and there are new conditions for Venezuelans traveling to Colombia with expired passports.

3. EUROPEAN UNION -As part of “red tape” reduction for European Union (EU) citizens living or working in another Member State, the apostille is no longer required on public documents issued by EU authorities.

4. FRANCE -A government order has established the rights of United Kingdom (UK) nationals continuing to stay in France in case of a “hard Brexit.”

5. ITALY -A new decree outlines measures that will apply if the UK leaves the EU without a deal.

6. UNITED KINGDOM -This article provides updates on the fast-changing Brexit situation. Also, new “e-gates” are now open to U.S. citizens and others.

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

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


Details:

1. DOCUMENT RETENTION POLICIES AND PRACTICES: AN OVERVIEW

This article provides an overview of document retention policies and practices in Canada and Italy.

Canada

In Canada, rules related to law firms retaining client documents and information are governed by provincial and territorial law societies. Accordingly, there are potentially 13 different sets of professional rules of conduct that govern document retention. Generally speaking, the provincial and territorial law societies will not set a firm rule but instead will make a recommendation for a best practice. In Ontario, lawyers are advised to keep client documents for 7 years, except Trust Account documents, which must be kept for 10 years. Trust Accounts are used in Canada to receive client fees in advance of work being completed and can also be used to hold client funds pending the completion of commercial or real estate transactions where the funds are applied to the purchase price. For this reason, lawyers are held to a higher standard of record-keeping for all documentation dealing with the handling of client funds. The Canada Revenue Agency also requires that businesses keep tax records for 7 years.

Recently, there have been a number of government initiatives and changes in legislation related to compliance with respect to immigration applications to support hiring foreign workers in Canada. These include Administrative Monetary Penalties against employers for non-compliance. Businesses that hire foreign workers must keep records related to the hiring and employment of the foreign worker, including copies of work permits, payroll documents, job descriptions, and timesheets for up to 6 years from the date of hire. In light of this requirement, immigration law firms providing legal services to businesses that hire foreign workers should also be keeping records for at least 6 years.

Italy

In Italy, an attorney must collect and store only the data that are necessary (not superfluous) for the achievement of the client’s objectives.

The data can be deleted or returned at the client’s request. There is no mandatory requirement to keep data for a certain time, unless it is necessary for the file’s completion. However, lawyers are subject to malpractice claims for 10 years, and it is therefore advisable to keep the necessary data and documents until the expiration of the statute of limitation for a possible claim.

Regarding immigration-related documents, the law does not set forth a specific term, but considering that immigration compliance is also linked to tax and social security issues, it is advisable to store documents for at least 7 years, the statute of limitation for any tax claims.

Back to Top


2. COLOMBIA

COLOMBIA

This article summarizes several developments in Colombia: All visa procedures must now be completed online; the Migrant Mercosur visa for Chilean nationals has been suspended due to a lack of reciprocity; there has been a breakdown of diplomatic relations between Colombia and Venezuela that has affected migratory processes; and there are new conditions for Venezuelans traveling to Colombia with expired passports.

Changes in the Visa Application Process

The Ministry of Foreign Affairs has announced that all visa procedures must now be completed online. Foreign nationals can only approach the Ministry when they are summoned by the authority or when they have received approval of their visa and they need the visa sticker stamped on the passport.

This change will affect processing times for all visas, Visitor (V), Migrant (M), and Resident (R), taking into consideration that in the past a visa could be obtained in person in a couple of hours. It will now be necessary to obtain approval of the application online, which takes approximately five business days.

Mercosur Visa Temporarily Suspended for Chilean Nationals

The Ministry of Foreign Affairs has suspended the issuance of the Migrant Mercosur visa for Chilean nationals. This decision was made due to the failure to apply the principle of reciprocity, because the Mercosur visa is not being issued for Colombian nationals in Chile.

Chilean nationals who are in the process of obtaining a Mercosur visa and continue to have a need to enter Colombia must reevaluate the existing migratory alternatives and proceed with a request for a different type of visa to enter and remain in the country in regular migratory status.

However, for foreign nationals who still hold a visa in this category, its validity will be respected and they should not make any changes at this time.

Breakdown of Diplomatic Relations Between Colombia and Venezuela and Its Impact on Migratory Processes

Due to the breakdown of diplomatic relations between Colombia and Venezuela, consular services in both countries have stopped and no further requests will be processed until further notice.

To provide an avenue for the migration of Venezuelan nationals to Colombia, the Ministry of Foreign Affairs has enabled its online platform for Venezuelans who wish to apply for a Colombian visa so they can proceed with their request.

On the other hand, Colombian nationals who require a visa or other processes through any Venezuelan consulate in Colombia will need to wait for these offices to resume their normal activities. They may wish to consider searching for an alternative, even if that will mean the process is completed in Venezuela or before a consulate abroad.

New Conditions for Venezuelans Traveling to Colombia with Expired Passports

The Ministry of Foreign Affairs has authorized Venezuelan nationals to enter, transit through, and leave the national territory of Colombia, even when their passports have expired. Passports in this condition may continue to be used for two years from the due date.

Likewise, Venezuelan passport holders under the conditions mentioned above may receive an Entry and Stay Permit granted by Migración Colombia upon entering the country. Exceptionally, those passports with an entry stamp will be valid as identification documents in the national territory of Colombia.

For visa processes, the Ministry has established that Venezuelan nationals who are holders of expired passports may request the issuance of a visa as long as it complies with the other provisions in force for the issuance of the corresponding visa.

Back to Top


3. EUROPEAN UNION

EUROPEAN UNION

As part of “red tape” reduction for European Union (EU) citizens living or working in another Member State, the apostille is no longer required on public documents issued by EU authorities.

As of February 16, 2019, the entry into force of Regulation 2016/1191 simplifies the circulation of certain public documents in the EU. A number of bureaucratic procedures will no longer be necessary when presenting public documents issued in one EU country to the authorities of another EU country.

Remarkably, public documents issued by the authorities of an EU country must now be accepted without the need of an apostille (authenticity stamp). Also, the regulation simplifies the rules concerning translation requirements.

A European Commission press release on this topic is available here.

Back to Top


4. FRANCE

FRANCE

A government order has established the rights of United Kingdom (UK) nationals continuing to stay in France after March 29, 2019, in case of a “hard Brexit.”

The French government published an order determining the right of UK nationals continuing to stay in France after the Brexit date of March 29, 2019, in the most probable event of no exit agreement being reached between the UK and the European Union (EU). Such UK nationals will be allowed three to 12 months to acquire permanent residency if they have been in France for five years or more as of March 30, 2019, or acquire the appropriate permit to stay, if they have been in France as of that date for less than five years. [Update: The EU has given the UK another six months to leave the EU, to October 31, 2019.]

Ordonnance n° 2019-76 of 6 February 2019 was published in the Journal Officiel on February 7. The following are the principal terms affecting the immigration rights of UK nationals.

A transition period of 3 to 12 months. UK nationals continuing their stay and professional activities beyond the Brexit date may do so, as before such date, for a minimum period of three months from the Brexit date. A decree will be published that will set the final end date of the transition, which will be within 12 months of the Brexit date. Beyond this final end date, UK nationals must be in possession of the appropriate permits covering their stay and professional activities in France (Article 1 of the Order).

Presence of less than five years. UK nationals having resided for less than five years as of the Brexit date must apply for the various permits to stay according to their status (e.g., student, employee, temporary worker, posted worker, independent professional, unemployment beneficiary, family member, long-term visitor). Such permits, when allowing work, will not be conditioned on labor market tests (Article 2).

Presence of five years or more. UK nationals having resided for five years or more in France as of the Brexit date will be entitled to the Residency Card, with 10-year validity (Article 3).

UK nationals practicing law in France. UK nationals who exercise the profession of lawyer (avocat) in France, based on their EU rights, may continue to do so for a period of 12 months from the Brexit date. Such lawyers may benefit from the disposition of Article 89 of the law of 31 December 1971 (Article 13).

Article 89 of the law of 31 December 1971 facilitates the registration of foreign lawyers with a French bar association after showing that they “effectively and regularly practiced French law on [French] national territory for a period of at least 3 years.” Such activity must be demonstrated to the French bar association with which the foreign lawyer wishes to register. If over the three-year period the practice of French law was for a shorter period, the bar association will have discretion to determine if the foreign lawyer can practice French law.

Subsidiaries of law firms formed under UK law and registered with a French bar association on the Brexit date may continue to pursue their activities in France beyond that date, even if no lawyer registered under a UK qualification is still practicing within that structure. No new structure under UK law may be created in France after the Brexit date (Article 16).

Reciprocity required. The Order states that the preferential treatment provided for UK nationals can be suspended by a State Council decree, after three months following the Brexit date, if the French government observes that the UK government has not taken equivalent dispositions toward French nationals (Article 19).

Other areas. The 10-page order is quite dense. It touches on many areas (such as recognition of professional qualifications, cross-border service provision, welfare, health coverage, and jobs reserved for French and EU nationals). A decree to implement this order will soon be published.

Back to Top


5. ITALY

ITALY

A new decree outlines measures that will apply if the UK leaves the EU without a deal.

With Decree 25 March 2019, n. 22, the Italian government has outlined the measures that will apply if the United Kingdom (UK) leaves the European Union (EU) without a deal. In particular, article 14 refers to the residency rights of UK nationals and their non-EU family members living in Italy, and article 15 refers to citizenship applications.

UK citizens residing in Italy and their non-EU family members can apply for EU residence permits for long-term residents by December 31, 2020, if upon the date of Brexit they have regularly resided in Italy for at least five years. UK citizens residing in Italy and their non-EU family members can apply for EU residence permits “for residency” (per residenza), valid for five years, if upon the date of Brexit they have regularly resided in Italy for less than five years.

Starting on January 1, 2021, UK citizens and their non-EU family members who do not comply with these provisions will be subject to the same sanctions applicable to all noncompliant non-EU nationals.

UK citizens who are regularly residing in Italy for at least four years upon the date of Brexit can apply for Italian citizenship until December 31, 2020. Applications filed after that date will be processed under the same regulations applicable to all other non-EU nationals.

Back to Top


6. UNITED KINGDOM

UNITED KINGDOM

This article provides updates as of press time on the fast-changing Brexit situation. Also, new “e-gates” are now open to U.S. citizens and others.

Brexit Update: EU Extends Deadline to October 31

In a tumultuous period for British politics, the House of Commons rejected Prime Minister (PM) Theresa May’s Brexit deal for a second time on March 12, 2019, by a wide margin of 149 votes. The following day, in a legally non-binding but politically significant motion, Parliament rejected leaving the EU without a Withdrawal Agreement and a Framework for the Future Relationship.

On March 14, House members rejected a series of amendments to the UK government’s motion to extend Article 50. The first amendment to hold a second referendum was overwhelmingly defeated 334 to 85 (with the Labour party abstaining from the vote). The second, to enable the House to debate on the next steps in Brexit on March 20, was narrowly rejected 314 to 312. And the third amendment, which would have instructed the PM to request additional time from the EU in order to find a majority of support for an alternative approach, also failed to garner enough support in a vote of 318 to 302.

Among other things, following the amendments’ defeat, the House passed the government’s motion to extend Article 50 until June 30, 2019, by a wide margin of 412 in favor to 202 against. Subsequently, the EU extended the Brexit deadline to October 31, 2019, giving the UK another six months. As of press time, there was a range of potential future scenarios and the outcome was far from certain. The UK remains a member of the EU for the time being, but the ongoing uncertainty has created problems for businesses and investors in the UK. Stay tuned.

E-Gates

As of March 11, 2019, nationals of the United States and six other countries (Australia, Canada, Japan, New Zealand, Singapore, and South Korea) can now use electronic passport control gates when they enter the UK. People from these countries who do not already have a visa will automatically be granted entry as a standard visitor for six months, with the usual prohibition on employment and recourse to public funds.

The new system was announced in October 2018, and the legislation enabling it was passed in February 2019.

At the moment, electronic passport control gates—known as e-gates or ePassport gates—can be used by British and EU nationals aged 12 and over.

The following groups of people should not use e-gates:

  • People who are entering the UK for the first time on a different type of visa, such as a spouse visa. These people must get their visa stamped by an Immigration Officer the first time they enter the UK.
  • People who do not have a visa and are seeking entry for a different purpose; for example, under the Tier 5 (Temporary Worker) Creative and Sporting category or the Visitor (Permitted Paid Engagements) category. These people must see an Immigration Officer and ask to be stamped in under the appropriate category.
  • People who have had immigration problems in the UK and are hoping to slip in without being questioned. Passengers using e-gates are checked against Border Force systems. If the person is flagged on these systems, the gate will not open and they will be taken aside for questioning.

The new system will make entry to the UK much quicker for people traveling on business or for tourism.

Business travelers and their employers should bear in mind that the same restrictions apply to people entering as visitors regardless of whether they are stamped in by an Immigration Officer or use an e-gate. Visitors are not allowed to work or study in the UK except in very limited circumstances. They also cannot live in the UK for extended periods. The Home Office already collects entry and exit data from airlines and other carriers taking people to and from the UK. Anyone using e-gates can also expect to have their movements tracked. Visitors who appear to be spending most of their time in the UK will run into trouble, whether or not they use e-gates.

Back to Top


7. New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

  • The latest immigration news is at https://www.abil.com/news.cfm.
  • The latest published media releases include:
    • ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs
    • New Data Show Increase in H-1B Denials and RFEs
    • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
    • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
    • ABIL Members Note Immigration Threats for Employers in 2018
  • ABIL is available on Twitter: @ABILImmigration.
  • Recent ABIL member blogs are at http://www.abilblog.com/.

Back to Top


8. ABIL Member / Firm News

The Alliance of Business Immigration Lawyers (ABIL) was named the top immigration legal network by Chambers Global. Chambers noted, “[ABIL] is an association of legal providers based in over 20 countries, including 24 U.S. cities, providing a single contact point for management of global immigration needs. It assists with processing, filing, invoicing and online client case tracking. Members share information on important legislation, take part in joint training and collaborate on projects to provide a unified service offering. The network also maintains an up-to-date blog collating information on multiple jurisdictions.” In addition, ABIL members and firms were disproportionately top-rated in almost all of their jurisdictions relative to other immigration firms. ABIL encompasses two-thirds of Chambers USA’s top band (ranking tier) in California out of thousands of California immigration law firms.

Below are ABIL firms and individual members and associates who were honored in Chambers Global and Chambers USA:

FIRMS

United States

Cyrus D Mehta & Associates PLLC

Foster, LLP

Fredrikson & Byron

Klasko Rulon Stock & Seltzer

Kuck Baxter

Maggio & Kattar

Miller Mayer

Parker, Butte Lane

Pearl Law Group

Seyfarth Shaw

Siskind Susser, PC

Wolfsdorf Rosenthal LLP

 

Canada

Corporate Immigration Law Firm

Gomberg Dalfen

 

Global

Alliance of Business Immigration Lawyers

Laura Devine Solicitors

Bener Law Office (Europe, Global – for Corporate/M&A)

Dorda (Europe, Global, High Net Worth)

Kingsley Napley (UK, US, Global, High Net Worth)

Laura Devine Solicitors (UK, US, Global, High Net Worth)

Sagardoy Abogados (Europe – for Employment)

Raczkowski Paruch (Europe – for Employment)

Tannus & Asociados (Latin America)

INDIVIDUALS

United States

Jim Alexander

Robert Aronson (US and Global)

Dagmar Butte

Charles Foster

David Fullmer

Anna Gallagher

  1. Ronald Klasko (US and Global)

Charles Kuck (US and Global)

Judy Lee

Cyrus Mehta (US and Global)

John Meyer

Christy Nguyen

Angelo Paparelli

Julie Pearl

Jan Pederson

Gregory Siskind (US and Global)

Jennifer Stevens (US and Global)

William Stock

Anastasia Tonello

Bernard Wolfsdorf

Stephen Yale-Loehr (US and Global)

 

Canada

Jean-Philippe Brunet

Barbara Jo Caruso

Seth Dalfen

Avi Gomberg

 

Global (see also individual listings above under United States)

Sophie Barrett-Brown

Ilda de Sousa

Laura Devine

Nicolas Rollason

Jennifer Stevens

Rodrigo Tannus

More information on rankings and areas of specialty are available here. Bios of ABIL members are available at https://www.abil.com/.

 

Robert Aronson and Debra Schneider, of Fredrikson & Byron, P.A., have co-authored “A Bridge Over Troubled Waters: The High-Skilled Worker Rule and Its Impact on Employment-Based Immigration,” published in 44 Mitchell Hamline L. Rev. 935-969 (2018) and available online here.

Dagmar Butte will be speaking at the following events:

  • AILA Rome Chapter Conference in Berlin, Germany, on April 30, 2019, on the effect of marijuana legalization at the state level on federal immigration law
  • Federal Bar Association National Conference in Austin, Texas, on May 17, 2019, on “Fundamentals of Business Immigration Law”
  • American Immigration Lawyers Association Annual Conference in Orlando, Florida, on June 19, 2019, on “Changes to Immigration Law Via Trump Administration Memos”
  • Chair of Business Track for AILA Annual Conference in Orlando (see above)

Laura Devine Solicitors has won the LexisNexis 2019 Award for Wellbeing. The award recognizes the law firm or other legal organization that “has demonstrated the strongest commitment to providing or promoting a working environment that supports the mental and physical health of its staff, members or colleagues and enables them to maintain a healthy balance between their work pressures and home life.” Details

Robert Loughran, partner at Foster LLP, recently spoke on a panel in Austin, Texas, at the South by Southwest (SXSW) Conference. “How Foreign Entrepreneurs Thrive in Trump’s America: It’s (Not So) Complicated” focused on the immigration, corporate, and financial/tax implications foreign entrepreneurs face when setting up a business in Texas and the United States in light of the Trump administration’s new immigration policies. More information

Mr. Loughran and Matthew Myers presented on U.S. immigration considerations specific to Japanese investors, companies, and employees, to representatives of 19 Japanese companies visiting San Antonio, Texas, as part of an economic development delegation at a dinner hosted by the San Antonio Economic Development Foundation. The event took place March 7, 2019.

Charles Foster and John Meyer, chairman and partner, respectively, at Foster LLP, attended the EB-5 & Uglobal Immigration Expo hosted by EB-5 Investors Magazine on February 11, 2019, in Dubai, United Arab Emirates. Mr. Foster presented an overview of the EB-5 Immigrant Investor Program and its latest developments to representatives of leading EB-5 regional centers, migration agencies, and potential investors. More information

Mr. Foster delivered the keynote address at the immigration seminar, “Struggling With Your Immigration Status: Is Canada a Solution?,” hosted by The Aga Khan Economic Planning Board and Indo-American Chamber of Commerce of Greater Houston on December 15, 2018, in Houston, Texas. Mr. Foster spoke about the EB-5 Investment Program as a possible alternative to the H-1B visa backlog. More information on this event

Mr. Meyer was a guest speaker for “Investing and Doing Business in Texas,” an event hosted by Invierta en USA on January 30, 2019, in Mexico City, Mexico. Mr. Meyer spoke about the EB-5 Immigration Investor Program concerning how to obtain business and investment visas to immigrate to the United States. The audience included Mexican entrepreneurs who want to invest in, establish, and expand businesses in Texas. More information

Klasko Immigration Law Partners, LLP, has released “Avoiding Status Violations in the Side Gig Economy,” which is Episode 12 of the podcast series, “Statutes of Liberty.”

Anu Nair, of Klasko Immigration Law Partners, LLP, served as a panelist for “U.S. Immigration and IRS Update,” a Business After Hours event sponsored by Gray Robinson Attorneys at Law and hosted by the Indian American Chamber of Commerce on January 15, 2019, in Orlando, Florida. She provided an overview of the EB-5 Immigrant Investor Program and spoke on the latest developments. She included an update on the impending visa backlog for Indian foreign nationals. More information

Charles Kuck is the attorney for Grammy-nominated rapper 21 Savage, whose real name is She’yaa Bin Abraham-Joseph. Mr. Abraham-Joseph, who was born in England in 1992 and has been living in the United States since the age of seven, was detained recently on immigration charges by U.S. Immigration and Customs Enforcement (ICE) in Atlanta, Georgia. Mr. Kuck was quoted by Reuters in “Rapper 21 Savage Being Held Unfairly, Attorneys Claim.” Mr. Kuck noted that “ICE has not charged Mr. Abraham-Joseph with any crime. As a minor, his family overstayed their work visas, and he, like almost two million other children, was left without legal status through no fault of his own.” He said, “This is a civil law violation, and the continued detention of Mr. Abraham-Joseph serves no other purpose than to unnecessarily punish him and try to intimidate him into giving up his right to fight to remain in the United States.” Mr. Kuck also said that ICE was refusing to release his client on bond based on “incorrect information about prior criminal charges.” The article. Additional details of Mr. Abraham-Joseph’s case are at TMZ, NYTimes, The New Yorker, Time, and Rolling Stone.

Cyrus Mehta has authored several new blog entries. “The Best Way for Trump to Offer “Love and Sympathy’ is to Repeal the Muslim Ban“; “Advancing a ‘Social Group Plus’ Claim After Matter of A-B-“; “Trump Administration Imposes Another Unnecessary Obstacle: USCIS to Issue New Version of Form I-539 and New I-539A on March 8“; and “Don’t Always Suck Up to Buy American Hire American.”

David Isaacson, of Cyrus Mehta‘s office, has authored a new blog entry. “Not Sure Whether to Laugh or Cry: How the Border Patrol’s Harassment of a Comedian Shows Why It Should Not Be Checking Documents in the United States.”

Angelo Paparelli has authored a new blog entry, ” ‘Sue the miscreants!’—Challenging Unjust Work-Visa and Green-Card Denials with Flood-the-Zone and Head-Fake Immigration Strategies.”

Mr. Paparelli and William Stock spoke at the 2019 American Immigration Lawyers Association’s Spring Federal Court Litigation Conference in Chicago, Illinois, on March 12, 2019. More information

Rodrigo Tannus has authored several new articles published in Diario la Republica:

  • “Golden Visa“
  • “Nacionalización colombiana y sus efectos“
  • “Permiso de ingreso y permanencia de tránsito temporal“

Stephen Yale-Loehr was quoted in several publications regarding President Trump’s threat to close the U.S. border with Mexico:

  • CNN: Mr. Yale-Loehr noted that the President would run into problems if he closed the entire border to green card holders and U.S. citizens: “They could argue that doing so violates their First Amendment rights to freedom of association and travel.”
  • Univision (Spanish): “Las amenazas de Trump en la frontera y el corte de la ayuda a los países centroamericanos (como castigo por no detener las oleadas de inmigrantes en busca de asilo) pueden ser ilegales y, desde luego, una tontería.”
  • Sinclair Broadcast Group, many newspapers: “Any effort to close the U.S.-Mexico border or cut off aid is doomed to failure. It is like stopping funding for cancer research on the theory that fewer cancers will occur. We need more foreign aid, not less, to attack the root conditions of poverty and violence in Central America so fewer people in those countries will flee to the United States.”
  • Law360: Mr. Yale-Loehr noted that the first version of President Trump’s travel ban raised similar concerns. If the President issued a narrower proclamation closing the border only for asylum-seekers, they could argue that this violates INA 208(a)(1), which provides that any migrant physically present in the United States or who arrives in the United States, whether or not at a designated port of arrival, can apply for asylum. Available by registering or subscribing.
  • USA Today: “We’d be shooting ourselves in the foot by closing the border. It’s like stopping funding for cancer research on the theory that we’ll get fewer cancers.”
  • Business Insider: “The legal challenges to a border declaration will depend on what President Trump does. If President Trump closed the border to green card holders and U.S. citizens, they could argue that doing so violates their First Amendment rights to freedom of association and travel.”

Mr. Yale-Loehr was quoted by WENY regarding a failed EB-5 project in upstate New York.

Mr. Yale-Loehr was quoted by Bloomberg Law regarding a 10 percent immigration surcharge proposal in the Trump administration’s budget request to Congress. It “seems minimal,” he noted, but “would have a real detrimental impact on many people who can ill afford these increased filing fees.” He said the surcharge is likely “dead on arrival,” noting that even the Trump administration thinks “that such a change will only occur with congressional approval” and “the Democrats would never agree to this.” Further, he noted, “Some employers already are balking at the high filing fees for needed employees. Adding a 10 percent surcharge will make it even more financially onerous. We may see fewer H-1B petitions being filed as a result.” Available by registering or subscribing.

Mr. Yale-Loehr was quoted by Voice of San Diego in an article about a California county’s asylum policy lawsuit. Mr. Yale-Loehr agreed that the federal government’s failure to follow rulemaking procedures was the county lawsuit’s most potent argument. “I think it’s a good lawsuit and they raise serious allegations. We’ll just have to wait to see which judge they get.”

Mr. Yale-Loehr was quoted by CNN in “Supreme Court Will Take Up Immigration-Related Case Next Term.” The case, Kansas v. Garcia, concerns Kansas’ prosecution of three immigrants for using stolen Social Security numbers for employment. The Kansas Supreme Court overturned their convictions, ruling that federal immigration law preempts a state from prosecuting undocumented immigrants when the claim is based on information culled from federal immigration forms. If the Supreme Court takes up the case and overturns the Kansas court’s decision, he noted, “all states could prosecute noncitizens for identity theft more easily. The Supreme Court largely struck down Arizona’s similar efforts in 2012. Given the change in Supreme Court members since then, it will be interesting to see how the court revisits the issue.”

Mr. Yale-Loehr was quoted by the New York Times in “Ninth Circuit Appeals Court Grants More Protections for Asylum Seekers.” In response to the court’s decision that immigration authorities can no longer swiftly remove asylum seekers who fail an initial screening, Mr. Yale-Loehr said, “This is a historic decision. But the government will surely appeal this to the Supreme Court.” The article

Mr. Yale-Loehr was quoted by CNN in “Meet the Immigrant Who Got a Second Chance from Justice Neil Gorsuch.” The article notes that Justice Gorsuch sided with the Supreme Court’s liberals in invalidating a provision of federal law that requires the mandatory removal of immigrants who have been convicted of some “crimes of violence,” agreeing that the law was unconstitutionally vague. Mr. Yale-Loehr noted that Justice Gorsuch’s vote did not necessarily make him pro-immigrant in every case, as evidenced by some of his other opinions. “But like his predecessor, Justice Scalia, he hates vague laws. This case shows that Congress needs to be more careful when it drafts immigration laws,” Mr. Yale-Loehr said.

Mr. Yale-Loehr was quoted by Bisnow South Florida in “EB-5 Fund USIF Sued for Racketeering by Representative of Chinese Investors.” The U.S. Immigration Fund bundles foreign money to be loaned to developers for U.S. based projects. The Chicago-based Chinese-American researcher who filed the suit, Xuejun Makhsous, also known as Zoe Ma, alleges that Chinese investors were led to believe that they were backing a five-year loan with a real estate development as collateral, but they were actually purchasing limited partnership interests in a fund not secured by real estate. “It’s an interesting but novel argument. It remains for the court to decide whether it has validity.” The article

Stephen Yale-Loehr was quoted by CNN in “Trump Says Alabama Woman Who Joined ISIS Should Not Return to U.S.” Mr. Yale-Loehr said Hoda Muthana’s situation was “not clear-cut. It would depend on the facts, if the State Department argues that her father’s diplomatic status was still in effect. The family argues it expired. So ultimately, it may be up to a court to sort this out.” Ms. Muthana’s family has filed a lawsuit challenging the U.S. government’s assertion that she is not a U.S. citizen, the article notes. The CNN article. The lawsuit

Mr. Yale-Loehr was quoted by Bisnow South Florida in “Inside the Wild Legal Battle Over EB-5 Fraud, Defamation and a $2.5B Times Square Project.” Mr. Yale-Loehr noted that the EB-5 program was established as a part of a bigger overhaul of legal immigration in the early 1990s, “in part because Australia and Canada had similar programs.” Noting that it was enacted as a pilot program and still needs to be reauthorized periodically, he said redeployment has become contentious as processing times for visas have grown. Contracts can be structured various ways, he said, with all the money from a group being moved together at one time or in tranches. The article

Mr. Yale-Loehr was quoted by the Cornell Daily Sun in “Tompkins County Deputy Called ICE to Report Mexican Man in U.S. Illegally, Drawing Sheriff’s Ire.” Mr. Yale-Loehr said, “I agree that it is a close call, but the county resolution explicitly states that nothing in the resolution bars a sheriff’s officer from sending a statement of a person’s immigration status to federal immigration authorities.”

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 ABIL2019-04-15 11:04:222019-10-21 11:06:59News from the Alliance of Business Immigration Lawyers Vol. 9, No. 2 • April 15, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4C • April 14, 2019

April 12, 2019/in Immigration Insider /by ABIL

Headlines:

1. DHS Secretary Forced Out; Others May Leave in Trump Purge -Secretary of Homeland Security Kirstjen Nielsen has been forced to resign, according to reports. Officials told media organizations that other departures may follow.

2. USCIS Completes H-1B Cap Random Selection Process for FY 2020, Reaches Advanced Degree Exemption Cap -On April 10, 2019, USCIS used a computer-generated random process to select enough H-1B petitions to meet the congressionally mandated regular cap and the U.S. advanced degree exemption for FY 2020.

3. Some POEs Refusing Canadian L-1 Renewal/Extension Petitions Under NAFTA -Various U.S. POEs and preclearance locations have begun to refuse to process L-1 renewal and extension petitions from Canadians pursuant to NAFTA.

4. DHS Increases Greece’s ESTA Validity Period to Two Years -DHS determined that Greece has satisfied the requirements for normalizing Greece’s ESTA validity period to two years again, following a reduction to one year in 2016.


Details:

1. DHS Secretary Forced Out; Others May Leave in Trump Purge

Secretary of Homeland Security Kirstjen Nielsen has been forced to resign, according to reports. Officials told media organizations that other departures may follow, including L. Francis Cissna, head of U.S. Citizenship and Immigration Services; Kathy Nuebel Kovarik, his deputy; and John Mitnick, USCIS general counsel and a member of Ms. Nielsen’s senior leadership team. The latter departures haven’t happened yet, however, and some reports suggest that they may not.

Meanwhile, President Trump withdrew Ron Vitiello’s nomination for director of U.S. Immigration and Customs Enforcement (ICE). President Trump said he wanted a “tougher direction,” echoing his immigration adviser Stephen Miller. Mr. Vitiello, who had been serving as acting director of ICE, subsequently announced that he was leaving the agency.

Details: Vox report; CNN video; NPR report; NBC News report

Back to Top


2. USCIS Completes H-1B Cap Random Selection Process for FY 2020, Reaches Advanced Degree Exemption Cap

On April 10, 2019, USCIS used a computer-generated random process to select enough H-1B petitions to meet the congressionally mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020.

USCIS received 201,011 H-1B petitions during the filing period, which began April 1, 2019, including petitions filed for the advanced degree exemption.

Details: USCIS announcement; Foster LLP blogs, one and two

Back to Top


3. Some POEs Refusing Canadian L-1 Renewal/Extension Petitions Under NAFTA

According to reports, contrary to previous practice, various U.S. Customs and Border Protection (CBP) ports of entry (POEs) and preclearance locations have begun to refuse to process L-1 renewal and extension petitions from Canadians pursuant to the North American Free Trade Agreement. Anecdotally, the affected POEs include Toronto, Winnipeg, Vancouver, Calgary, Montreal, Pearson, Edmonton, Seattle, Pembina, Warroad, Pt. Roberts and Sumas.

Some practitioners have sent their Canadian L’s to consular posts instead to file their I-129S (Nonimmigrant Petition Based on Blanket L Petition).

Details: Fredrikson & Byron, P.A. (report prepared with the assistance of the Alliance of Business Immigration Lawyers)

Back to Top


4. DHS Increases Greece’s ESTA Validity Period to Two Years

The Department of Homeland Security (DHS) has increased Greece’s Electronic System for Travel Authorization (ESTA) travel authorization validity period for travel by nationals of Greece under the Visa Waiver Program (VWP) to two years, following a reduction in 2016 from two years to one year due to identified shortcomings in meeting VWP requirements. In November 2018, DHS determined that Greece has satisfied the requirements for normalizing Greece’s ESTA validity period to two years again.

Details: Federal Register notice

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 ABIL2019-04-12 13:06:242019-04-15 13:09:56News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4C • April 14, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4B • April 08, 2019

April 08, 2019/in Immigration Insider /by ABIL

Headlines:

1. USCIS Reaches FY 2020 H-1B Regular Cap -USCIS has received a sufficient number of petitions to reach the 65,000 H-1B visa regular cap for fiscal year 2020.

2. New Study Shows Companies Pay Billions in Job Training, Scholarships for U.S. Students Through H-1B Fees -The study by the National Foundation for American Policy also details how expensive it has become to petition for an H-1B professional.

3. USCIS Launches Data Hub on H-1B Employers -The data hub allows the public to search for H-1B petitioners by fiscal year, NAICS code, employer name, city, state, or zip code.

4. Justice Department Settles Immigration-Related Discrimination Claim Against Housing Authority in Texas -The Housing Authority improperly demanded that the worker present more documents than necessary and rejected the documentation he presented, then terminated him based on his lack of U.S. citizenship.

5. Brazil to Allow Visa-Exempt Travel for Australian, Canadian, Japanese, and U.S. Citizens -Effective June 17, 2019, nationals of Australia, Canada, Japan, and the United States will be able to travel to Brazil without a visa for stays of up to 90 days as a visitor.

6. USCIS Proposes to Revise Fee Waiver Requirements -USCIS is allowing an additional 30 days for public comments on a proposed revision that would no longer require proof of whether an individual receives a means-tested benefit.

7. USCIS Publishes Notices on Extension of Liberian DED ‘Wind-Down’ Period, EADs -USCIS has published related notices in the Federal Register.

8. USCIS Outlines Changes in InfoPass Appointment Process, Reducing In-Person Support -A goal is to limit in-person support to those who truly need assistance that can be provided only in person, the agency said.

9. Foreign Nationals Serving in U.S. Military Challenge Trump Administration -Several foreign-national soldiers have sued the government, challenging the lawfulness of Trump administration policies adversely affecting their naturalization based on military service.

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

11. ABIL Member / Firm News -ABIL Member / Firm News12. Government Agency Links -Government Agency Links


Details:

1. USCIS Reaches FY 2020 H-1B Regular Cap

U.S. Citizenship and Immigration Services (USCIS) has received a sufficient number of petitions projected as needed to reach the 65,000 H-1B visa regular cap for fiscal year 2020. USCIS said it will next determine if the agency has received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap.

The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

Details: USCIS news alert

Back to Top


2. New Study Shows Companies Pay Billions in Job Training, Scholarships for U.S. Students Through H-1B Fees

New research shows H-1B fees paid by companies have funded approximately $5 billion since 1999 in training and scholarships for U.S. students and teachers to enter science fields and have funded nearly 90,000 college scholarships in tech fields for U.S. students, as well as about $2.5 billion in job training through the Department of Labor. The study by the National Foundation for American Policy also details how expensive it has become to petition for an
H-1B professional.Although critics have argued H-1B visa holders represent “cheap labor,” employers pay government-imposed fees and attorney costs of up to $16,560 for an initial H-1B petition and $28,620 for the combined cost of an initial H-1B petition and an extension.

Details: Study

Back to Top


3. USCIS Launches Data Hub on H-1B Employers

U.S. Citizenship and Immigration Services (USCIS) has launched an H-1B Employer Data Hub to provide information on employers petitioning for H-1B workers. The data hub will allow the public to search for H-1B petitioners by fiscal year (back to FY 2009), NAICS code, employer name, city, state, or zip code.

The new hub gives the public the ability to calculate approval and denial rates and to review which employers are using the H-1B program.

Details: USCIS news alert; H-1B Employer Data Hub; data broken down by fiscal year; summary and description

Back to Top


4. Justice Department Settles Immigration-Related Discrimination Claim Against Housing Authority in Texas

The Department of Justice reached a settlement agreement with the Housing Authority of Victoria, Texas, resolving a complaint that the latter discriminated against a lawful permanent resident when it rejected his valid employment documents and fired him. The Housing Authority improperly demanded that the worker present more documents than necessary and rejected the documentation he presented, then terminated him based on his lack of U.S. citizenship.

“Employers should not reject valid employment documents because of a lawful permanent resident’s citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.

Details: Settlement agreement; DOJ media release

Back to Top


5. Brazil to Allow Visa-Exempt Travel for Australian, Canadian, Japanese, and U.S. Citizens

Effective June 17, 2019, nationals of Australia, Canada, Japan, and the United States will be able to travel to Brazil without a visa for stays of up to 90 days as a visitor.

Such visitors to Brazil with valid passports may engage in certain business activities, transit through Brazil, vacation, and participate in artistic or sports activities, among other things. They can apply to extend their stay for an additional 90 days but may not stay in Brazil for longer than 180 days in any 12-month period.

Details: Statement from Consulate General of Brazil; related alert

Back to Top


6. USCIS Proposes to Revise Fee Waiver Requirements

U.S. Citizenship and Immigration Services is allowing an additional 30 days for public comments on a proposed revision that would reduce the evidence required for a fee waiver to only a person’s household income and no longer require proof of whether an individual receives a means-tested benefit. The waiver requirements will retain the poverty-guideline threshold and financial hardship criteria.

Details: Federal Register notice

Back to Top


7. USCIS Publishes Notices on Extension of Liberian DED ‘Wind-Down’ Period, EADs

Following announcements that Deferred Enforced Departure (DED) is extended for certain eligible Liberians through March 30, 2020, and that those Liberians’ employment authorization documents (EADs) are extended through September 27, 2019, with an option to obtain EADs for the remainder of the DED wind-down period, U.S. Citizenship and Immigration Services has published related notices in the Federal Register.

Details: Notice on continuation of employment authorization and automatic extension of existing EADs for eligible Liberians before DED ends; notice reproducing text of memorandum on the extension of DED for Liberians

Back to Top


8. USCIS Outlines Changes in InfoPass Appointment Process, Reducing In-Person Support

U.S. Citizenship and Immigration Services (USCIS) recently explained changes in the way it provides support services to applicants under an initiative called the “Information Services Modernization Program” (InfoMod). A goal is to limit in-person support to those who truly need assistance that can be provided only in person, such as issuing emergency documents, providing ADIT stamps, and conducting in-person interviews, the agency said.

InfoMod will enable USCIS to shift applicant support services from self-scheduled InfoPass appointments toward support services provided online or through USCIS Contact Centers. The agency encouraged users to visit myUSCIS, an online public portal.

Details: USCIS teleconference summary

Back to Top


9. Foreign Nationals Serving in U.S. Military Challenge Trump Administration

Service members who enlisted through the Military Accessions Vital to the National Interest (MAVNI) program and who have not yet become naturalized U.S. citizens may be affected by litigation in the United States District Court for the District of Columbia and elsewhere. Several MAVNI soldiers brought two lawsuits (Kirwa and Nio) against the Department of Defense, the Department of Homeland Security, U.S. Citizenship and Immigration Services, and certain government officials challenging the lawfulness of Trump administration policies affecting their naturalization based on military service.

The MAVNI program, authorized in 2008, brought individuals considered assets to the U.S. military, including those with needed medical and language skills, into the U.S. Armed Forces in exchange for expedited U.S. citizenship. The Trump administration froze the program in 2016, and in 2018, the U.S. Army began discharging MAVNI soldiers. Lawsuits have followed. The Army also reportedly accidentally leaked sensitive information on 4,200 immigrant recruits between 2017 and 2018, many from China and Russia, risking interception by their autocratic governments.

Separately, the Pentagon has ordered the armed services to send green card-holding troops to recruit training, following a preliminary injunction in California.

Details: Federal class action litigation updates; summary; Army Times article on data leaks; Stars and Stripes article on training resuming for green card holders

Back to Top


10. New Publications and Items of Interest

Immigrant and Employee Rights webinars. The Department of Justice’s Immigrant and Employee Rights Section is offering free webinars to the public in April. The webinars are for workers, employers, and advocates. For more information or to register, see https://www.justice.gov/crt/webinars.

E-Verify webinars. E-Verify recently made the following announcement: “E-Verify has resumed operations. Given that E-Verify was unavailable for over a month, we ask for your patience as we reinstate the service.” Information is available here. The March 2019 E-Verify webinar calendar is also available. For more on E-Verify, see https://www.e-verify.gov/.

Alliance of Business Immigration Lawyers:

  • The latest immigration news is at https://www.abil.com/news.cfm.
  • The latest published media releases include:
    • ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs
    • New Data Show Increase in H-1B Denials and RFEs
    • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
    • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
    • ABIL Members Note Immigration Threats for Employers in 2018
  • ABIL is available on Twitter: @ABILImmigration.
  • Recent ABIL member blogs are at http://www.abilblog.com/.

Organizations seeking non-lawyer and lawyer volunteers. Cornell Law School has compiled a list of organizations seeking non-lawyer and lawyer volunteers to help migrants in U.S. detention and deportation proceedings. The list, which is updated on an ongoing basis, is here.

Webinars for employers and employees. The Immigrant & Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division will present a series of webinars for employers and employees. For more information, see justice.gov.

Nation of immigrants. Podcasts on U.S. immigration history and what it means to be an immigrant in America:

    • Statutes of Liberty: (new episodes: A Prescription for Success: EB-1 for Physicians; The Best, Brightest, and Backlogged, discusses the backlog, who it affects, how to read the Visa Bulletin, and strategies for EB-1 visas)
    • Code Switch Podcast: What Does It Mean To Be A ‘Nation of Immigrants‘?
    • Hidden Brain: The Huddled Masses and the Myth of America
    • American Pendulum I

Advisories and tips:

  • 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. The advisory is here.
  • 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.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

Back to Top


11. ABIL Member / Firm News

Laura Devine Solicitors has won the UK LexisNexis 2019 Award for Wellbeing. The award recognizes the law firm or other legal organization that “has demonstrated the strongest commitment to providing or promoting a working environment that supports the mental and physical health of its staff, members or colleagues and enables them to maintain a healthy balance between their work pressures and home life.” Details

Stephen Yale-Loehr was quoted in several publications regarding President Trump’s threat to close the U.S. border with Mexico:

  • CNN: Mr. Yale-Loehr noted that the President would run into problems if he closed the entire border to green card holders and U.S. citizens: “They could argue that doing so violates their First Amendment rights to freedom of association and travel.”
  • Univision (Spanish): “Las amenazas de Trump en la frontera y el corte de la ayuda a los países centroamericanos (como castigo por no detener las oleadas de inmigrantes en busca de asilo) pueden ser ilegales y, desde luego, una tontería.”
  • Sinclair Broadcast Group, many newspapers: “Any effort to close the U.S.-Mexico border or cut off aid is doomed to failure. It is like stopping funding for cancer research on the theory that fewer cancers will occur. We need more foreign aid, not less, to attack the root conditions of poverty and violence in Central America so fewer people in those countries will flee to the United States.”
  • Law360: Mr. Yale-Loehr noted that the first version of President Trump’s travel ban raised similar concerns. If the President issued a narrower proclamation closing the border only for asylum-seekers, they could argue that this violates INA 208(a)(1), which provides that any migrant physically present in the United States or who arrives in the United States, whether or not at a designated port of arrival, can apply for asylum. Available by registering or subscribing.
  • USA Today: “We’d be shooting ourselves in the foot by closing the border. It’s like stopping funding for cancer research on the theory that we’ll get fewer cancers.”
  • Business Insider: “The legal challenges to a border declaration will depend on what President Trump does. If President Trump closed the border to green card holders and U.S. citizens, they could argue that doing so violates their First Amendment rights to freedom of association and travel.”

Mr. Yale-Loehr was quoted by WENY regarding a failed EB-5 project in upstate New York.

Mr. Yale-Loehr was quoted by Bloomberg Law regarding a 10 percent immigration surcharge proposal in the Trump administration’s budget request to Congress. It “seems minimal,” he noted, but “would have a real detrimental impact on many people who can ill afford these increased filing fees.” He said the surcharge is likely “dead on arrival,” noting that even the Trump administration thinks “that such a change will only occur with congressional approval” and “the Democrats would never agree to this.” Further, he noted, “Some employers already are balking at the high filing fees for needed employees. Adding a 10 percent surcharge will make it even more financially onerous. We may see fewer H-1B petitions being filed as a result.” Available by registering or subscribing.

Mr. Yale-Loehr was quoted by Voice of San Diego in an article about a California county’s asylum policy lawsuit. Mr. Yale-Loehr agreed that the federal government’s failure to follow rulemaking procedures was the county lawsuit’s most potent argument. “I think it’s a good lawsuit and they raise serious allegations. We’ll just have to wait to see which judge they get.”

Back to Top


12. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and 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 State Visa Bulletin

Visa application wait times for any post

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 ABIL2019-04-08 13:11:562019-04-15 13:17:22News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4B • April 08, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4A • April 01, 2019

April 01, 2019/in Immigration Insider /by ABIL

Headlines:

1. USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes -USCIS announced the start of the FY 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data hub, while reminding petitioners of its new H-1B cap selection process.

2. DOL Issues Bulletin on Compliance With H-1B Posting Requirements When Using Electronic Means -A new Field Assistance Bulletin reiterates an H-1B petitioner’s obligations when using electronic means to make the required notice to all affected employees.

3. April Visa Bulletin Notes Movement in Many Employment-Based Categories -The Department of State’s Visa Bulletin for April 2019 notes that Final Action Date movement in many employment-based preference categories continues to be greater than might ordinarily be expected. This is anticipated to continue for at least the next few months.

4. USCIS Updates Filing Addresses for Nonimmigrant Worker Petitions -USCIS has updated the addresses for filing Form I-129, Petition for a Nonimmigrant Worker.

5. DOL Updates H-2A, H-2B Allowable Charges and Reimbursements -DOL announced an annual update to: (1) the allowable charges that employers seeking H-2A workers in occupations other than herding or production of livestock on the range may charge their workers when the employer provides three meals per day; and (2) the maximum travel subsistence meal reimbursement that a worker with receipts may claim under the H-2A and H-2B programs.

6. Self Check Now Requires myE-Verify Account -Self Check, a feature that allows employees to verify their employment eligibility, now requires a myE-Verify account.

7. Trump Administration Announces Extension of Liberian DED ‘Wind-Down’ Period, EADs -President Trump has extended the wind-down period for Deferred Enforced Departure (DED) for certain eligible Liberians for an additional 12 months, through March 30, 2020.

8. Five Arrested in Chinese Student Visa Scheme -Federal authorities arrested five people linked to a scheme that allegedly helped Chinese nationals obtain student visas by hiring individuals who used fake Chinese passports to take English proficiency tests for the foreign students.

9. Trump Administration Announces ‘Trexit’ -The Trump administration announced on April 1, 2019, that it has decided to remove the United States from the rest of the world, period.

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

11. ABIL Member / Firm News -ABIL Member / Firm News

12. Government Agency Links -Government Agency Links


Details:

1. USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes

On March 19, 2019, U.S. Citizenship and Immigration Services (USCIS) announced the start of the fiscal year (FY) 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data hub, while reminding petitioners of its new H-1B cap selection process. Below are highlights of the changes.

Start of FY 2020 cap season. USCIS will begin accepting H-1B petitions subject to the FY 2020 cap on April 1, 2019, and will reject any FY 2020 cap-subject H-1B petitions filed before April 1. Form M-735, Optional Checklist for Form I-129 H-1B Filings (PDF, 262 KB), provides detailed information on how to complete and submit a FY 2020 H-1B petition.

Premium processing for FY 2020 cap-subject petitions. Premium processing will be offered in a two-phased approach during the FY 2020 cap season “so USCIS can best manage premium processing requests without fully suspending it as in previous years,” the agency said. The first phase will include FY 2020 cap-subject H-1B petitions requesting a change of status. The second phase will include all other FY 2020 cap-subject petitions.

Starting April 1, FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker, may request premium processing by concurrently filing Form I-907, Request for Premium Processing Service. However, to prioritize data entry for cap-subject H-1B petitions, USCIS will not begin premium processing for these petitions immediately. USCIS said it will begin premium processing for these petitions by May 20, 2019, and will notify the public before premium processing begins for these petitions. If a petitioner does not file Form I-907 concurrently with a FY 2020 H-1B cap-subject petition requesting a change of status, the petitioner must wait until premium processing begins to submit Form I-907. Until premium processing begins for these petitions, USCIS will reject any Form I-907 that is not filed concurrently with a cap-subject Form I-129. Petitioners must appropriately select response “b” for Item 4 in Part 2 of Form I-129 to be eligible to concurrently file Form I-907, USCIS said.

Premium processing for all other FY 2020 cap-subject H-1B petitions will not start until at least June 2019, the agency noted. Cap-subject petitioners not requesting a change of status may not submit their premium processing requests concurrently with their H-1B petitions. These petitioners will be eligible to upgrade to premium processing by filing Form I-907 once premium processing begins for this group. USCIS said it will notify the public with a confirmed date for premium processing for cap-subject petitioners not requesting a change of status.

At this time, premium processing for H-1B petitions that are exempt from the cap, such as extension of stay requests, remains available, USCIS said.

Note: Reaction to the guidance has been mixed. Some say they are not filing for premium processing before lottery selection. Given the costs of applying for premium processing ($1,410 as of this writing), their suggestion is that cases only be premium processed once they have been selected in the lottery. By this reasoning, even if you are filing a change of status H-1B petition, filing for premium processing concurrently with a petition that might not even be selected for adjudication risks rejection not only of the premium processing request but of the entire petition (and loss of the cap number) if there are any problems with the premium processing check. On the other hand, some would like to file for premium processing before lottery selection. Their human resources representatives feel that it’s easier to try premium processing rather than go back to the hiring managers later to seek additional funds.

New H-1B data hub. USCIS also announced a new “H-1B Employer Data Hub” that will be available on uscis.gov on April 1, 2019. The data hub is part of USCIS’s “continued effort to increase the transparency of the H-1B program by allowing the public to search for H-1B petitioners by fiscal year, North American Industry Classification System (NAICS) industry code, company name, city, state, or zip code. This will give the public the ability to calculate approval and denial rates and to review which employers are using the H-1B program,” USCIS said.

New H-1B cap selection process. In January, the Department of Homeland Security announced a final rule amending regulations governing cap-subject H-1B petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which USCIS selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, which will be in effect for the FY 2020 cap season. This change “increases the chances that more of these visas will be granted to those with an advanced degree from a U.S. institution of higher education,” USCIS said.

More details are available

NAICS information and codes

Back to Top


2. DOL Issues Bulletin on Compliance With H-1B Posting Requirements When Using Electronic Means

The Department of Labor’s Wage & Hour Division (WHD) said it has seen a rise in the use of electronic notifications as workplaces increasingly provide their employees with documents by electronic means. Among other things, WHD noted, an H-1B petitioner must notify affected U.S. workers of its intent to hire H-1B nonimmigrant workers. This notification requirement, commonly referred to as the notice or posting requirement, informs U.S. workers of the terms of employment of nonimmigrant workers, the right of U.S. workers to examine certain documents, and the ability of U.S. workers to file complaints if they believe that violations have occurred.

A new Field Assistance Bulletin (FAB) reiterates an H-1B petitioner’s obligations when using electronic means to make the required notice to all affected employees. This includes those who are employed by a third-party employer.

The bulletin

Back to Top


3. April Visa Bulletin Notes Movement in Many Employment-Based Categories

The Department of State’s Visa Bulletin for April 2019 notes that Final Action Date movement in many employment-based preference categories continues to be greater than might ordinarily be expected. This is anticipated to continue for at least the next few months.

The Department explained that this movement is a direct result of fewer applicants proceeding to final action on their cases at consular posts abroad and at U.S. Citizenship and Immigration Services offices. Once large numbers of applicants begin to have their cases brought to final action, final action date movements will necessarily slow or stop, the bulletin says. Moreover, in some categories, final action date retrogression is a possibility if demand levels are excessive. Therefore, the recent rates of final action date advances will not continue indefinitely, but the bulletin notes that “it is not possible to say at present when they will end.”

The April 2019 Visa Bulletin

Back to Top


4. USCIS Updates Filing Addresses for Nonimmigrant Worker Petitions

U.S. Citizenship and Immigration Services has updated the addresses for filing Form I-129, Petition for a Nonimmigrant Worker.

The new addresses are at https://www.uscis.gov/i-129-addresses. Practitioners advise checking addresses shortly before filing because they can change without notice.

Back to Top


5. DOL Updates H-2A, H-2B Allowable Charges and Reimbursements

The Department of Labor (DOL) recently announced an annual update to: (1) the allowable charges that employers seeking H-2A workers in occupations other than herding or production of livestock on the range may charge their workers when the employer provides three meals per day; and (2) the maximum travel subsistence meal reimbursement that a worker with receipts may claim under the H-2A and H-2B programs. The notice also reminds employers of their obligations concerning overnight lodging costs as part of required subsistence.

The notice was published in the March 22, 2019, Federal Register.

Back to Top


6. Self Check Now Requires myE-Verify Account

Self Check, a feature that allows employees to verify their employment eligibility, now requires a myE-Verify account, U.S. Citizenship and Immigration Services (USCIS) announced. Employees will be prompted to create or log in to myE-Verify accounts, where they can perform multiple Self Check queries and lock their Social Security numbers to prevent others from using them in E-Verify. “The streamlined account creation process continues to protect employee information while eliminating the need for repeated identity-proofing,” USCIS said.

Those with questions should contact myE-Verify Customer Support at myeverify@uscis.gov, the agency said.

More on E-Verify

Back to Top


7. Trump Administration Announces Extension of Liberian DED ‘Wind-Down’ Period, EADs

On March 28, 2019, President Trump issued a memorandum extending the wind-down period for Deferred Enforced Departure (DED) for certain eligible Liberians for an additional 12 months, through March 30, 2020. During this time, such individuals may remain in the United States. President Trump also directed the Department of Homeland Security to provide for continued work authorization for Liberian DED beneficiaries.

The Trump administration also announced that U.S. Citizenship and Immigration Services (USCIS) will publish a notice in the Federal Register with information on the six-month automatic extension, through September 27, 2019, of employment authorization documents (EADs) currently held by eligible Liberians under DED and instructions on how they can obtain EADs for the remainder of the DED wind-down period.

More information

Back to Top


8. Five Arrested in Chinese Student Visa Scheme

Federal authorities arrested five people linked to a scheme that allegedly helped Chinese nationals obtain student visas by hiring individuals who used fake Chinese passports to take English proficiency tests for the foreign students.

The arrests were made pursuant to a 26-count indictment returned by a federal grand jury. The indictment charges the defendants with conspiring to use false passports, using false passports, and aggravated identity theft as part of the scheme to impersonate Chinese nationals who were required to take the Test of English as a Foreign Language (TOEFL) to obtain a student visa.

A sixth defendant in the case is believed to be currently residing in Taiwan.

When a foreign national goes to a TOEFL testing location, the test-taker must present an original, non-expired, government-issued identification document recognized by their home country. According to the indictment, all six defendants used counterfeit People’s Republic of China passports to impersonate 19 different Chinese nationals at various TOEFL testing locations in and around Los Angeles, California.

The indictment further alleges that one defendant paid for and registered 14 Chinese nationals for TOEFL exams over a one-year period in 2015 and 2016. Following the tests, the defendant allegedly paid three co-defendants approximately $400 per test.

The conspiracy count in the indictment carries a maximum penalty of five years in federal prison. The charge of using a false passport carries a maximum sentence of 10 years. Aggravated identity theft carries a mandatory consecutive two-year sentence.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the State Department’s Diplomatic Security Service, and U.S. Citizenship and Immigration Service’s Fraud Detection National Security Section. The Educational Testing Service, which administers the TOEFL exam, provided assistance during the investigation.

More details

Back to Top


9. Trump Administration Announces ‘Trexit’

The Trump administration announced on April 1, 2019, that it has decided to remove the United States from the rest of the world, period. A Presidential tweet noted that “we’ve been canceling our disgraceful, weak, Loser Treaties one by one—a bad way to do Business, folks! Sad! We’ve been played for chumps!! We’re now making a great deal by canceling all of them, all at once, and dumping all of our allies. We’re doing a Beautiful Removal, the best Removal you’ve ever seen. Your head will spin. We’re now friends with the best people— Vlad Putin (I call him Vlad), Kim Jong Un, Muhammad bin Salman. We’ve got plenty of people and businesses right here. Allies, schmallies! No need to answer to anyone else, folks! We don’t need ’em! MAGA!!” It was unclear as of press time whether the “total, bigly removal” was limited to treaties or included other things like a geographical relocation. When asked about this, Mr. Trump would only say, “Well, if you dropped the United States right on top of Russia, it’d probably fit inside those squiggly lines except for a few little pieces, which could be snipped off.”

The next day, he added one more tweet: “Happy April Fool’s Day!”

Back to Top


10. New Publications and Items of Interest

Immigrant and Employee Rights webinars. The Department of Justice’s Immigrant and Employee Rights Section is offering free webinars to the public in April. The webinars are for workers, employers, and advocates. For more information or to register, see https://www.justice.gov/crt/webinars.

E-Verify webinars. E-Verify recently made the following announcement: “E-Verify has resumed operations. Given that E-Verify was unavailable for over a month, we ask for your patience as we reinstate the service.” Information is available here. The March 2019 E-Verify webinar calendar is also available. For more on E-Verify, see https://www.e-verify.gov/.

Alliance of Business Immigration Lawyers:

  • The latest immigration news is at https://www.abil.com/news.cfm.
  • The latest published media releases include:
    • ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs
    • New Data Show Increase in H-1B Denials and RFEs
    • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
    • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
    • ABIL Members Note Immigration Threats for Employers in 2018
  • ABIL is available on Twitter: @ABILImmigration.
  • Recent ABIL member blogs are at http://www.abilblog.com/.

Organizations seeking non-lawyer and lawyer volunteers. Cornell Law School has compiled a list of organizations seeking non-lawyer and lawyer volunteers to help migrants in U.S. detention and deportation proceedings. The list, which is updated on an ongoing basis, is here.

Webinars for employers and employees. The Immigrant & Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division will present a series of webinars for employers and employees. For more information, see justice.gov.

Nation of immigrants. Podcasts on U.S. immigration history and what it means to be an immigrant in America:

    • Statutes of Liberty: (new episodes: A Prescription for Success: EB-1 for Physicians; The Best, Brightest, and Backlogged, discusses the backlog, who it affects, how to read the Visa Bulletin, and strategies for EB-1 visas)
    • Code Switch Podcast: What Does It Mean To Be A ‘Nation of Immigrants‘?
    • Hidden Brain: The Huddled Masses and the Myth of America
    • American Pendulum I

Advisories and tips:

  • 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. The advisory is here.
  • 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.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

Back to Top


11. ABIL Member / Firm News

Cyrus Mehta has authored a new blog entry, “The Nuts and Bolts of Complying with the H-1B Notice Requirements.”

Stephen Yale-Loehr was quoted by CNN in “Supreme Court Will Take Up Immigration-Related Case Next Term.” The case, Kansas v. Garcia, concerns Kansas’ prosecution of three immigrants for using stolen Social Security numbers for employment. The Kansas Supreme Court overturned their convictions, ruling that federal immigration law preempts a state from prosecuting undocumented immigrants when the claim is based on information culled from federal immigration forms. If the Supreme Court takes up the case and overturns the Kansas court’s decision, he noted, “all states could prosecute noncitizens for identity theft more easily. The Supreme Court largely struck down Arizona’s similar efforts in 2012. Given the change in Supreme Court members since then, it will be interesting to see how the court revisits the issue.”

The CNN article

Details about the case

Mr. Yale-Loehr was quoted by the Houston Chronicle in “Flight Attendant With DACA Released After Month in Detention for Mexico Flight.” “This shows how broken our immigration system is. Immigration law is very complicated and [U.S. Customs and Border Protection] has incredible power at the border, and this administration is exercising it to detain more people, rather than extending their discretion favorably.”

The Houston Chronicle article

Back to Top


12. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and 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 State Visa Bulletin

Visa application wait times for any post

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 ABIL2019-04-01 13:18:432019-04-15 13:23:59News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4A • April 01, 2019

Archive

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

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

News

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

Sign Up for our Newsletters

Sign up for our Immigration Insider & Global Updates Newsletters

Select list(s) to subscribe to


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