Headlines:

1. USCIS Seeks Comments on Proposed Rule to Change Certain Employment-Based Visa Programs -USCIS seeks public comments on a proposed rule published on December 31, 2015, “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” that would change certain aspects of employment-based visa programs.

2. Omnibus Bill Includes Hefty Fee Increases for L-1 and H-1B Visas, EB-5 Regional Center Extension, Other Immigration-Related Provisions -The combined omnibus bill that Congress passed on December 18, 2015, includes several immigration measures.

3. Labor Dept. Issues Emergency Guidance on H-2B Changes -The Office of Foreign Labor Certification has provided emergency guidance to employers seeking to employ nonimmigrant workers in H-2B temporary or seasonal nonagricultural employment. The guidance is for employers seeking to obtain prevailing wage determinations and temporary labor certifications.

4. Secretary of State Kerry Sends Letter to Iranian Foreign Minister re Visa Waiver Issues -Kerry said, among other things, that the United States remained committed to lifting visa sanctions as provided under a recent nuclear deal with Iran.

5. DHS Considers Removing Hundreds of Newly Arrived Undocumented Families; Candidates React -According to reports, the Obama administration is considering removing hundreds of families who came to the United States without authorization and have been ordered to leave by an immigration judge. The vast majority are said to have fled violence in Central America.

6. OSC Opines on Terminating U.S. Workers and Hiring Contract Workers -An individual recently received a response to a question about whether an employer may terminate U.S. workers and rely instead on contract workers with temporary work visas.

7. OSC, ICE Issue Joint Guidance for Employers Conducting I-9 Audits -The guidance notes that although not required by law, an employer may conduct an internal audit of I-9 forms to ensure ongoing compliance with the employer sanctions provision of the INA. An employer may choose to review all or a sample of I-9 forms selected based on neutral and nondiscriminatory criteria.

8. USCIS Transfers Some Cases From Vermont Service Center -USCIS will notify those whose cases are transferred. The original receipt number will not change, and processing of the case will not be delayed “except for the additional time needed to transfer the file.” The filing location and instructions for these forms will not change.

9. USCIS Updates Petition to Remove Conditions on Residence for Marriage-Based Green Cards -The new edition is dated 11/23/15.

10. USCIS Changes Filing Location for Notices of Motion or Appeal Related to Citizenship Applications -Starting on January 1, 2016, those filing a Notice of Motion or Appeal in response to a decision on citizenship application must mail the I-290B to the Chicago Lockbox. USCIS will no longer accept these forms at local field offices.

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

12. ABIL Member/Firm News -ABIL Member/Firm News

13. Government Agency Links -Government Agency Links

Details:

1. USCIS Seeks Comments on Proposed Rule to Change Certain Employment-Based Visa Programs

U.S. Citizenship and Immigration Services (USCIS) seeks public comments on a proposed rule published on December 31, 2015, “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” that would change certain aspects of employment-based visa programs. USCIS is also proposing regulatory amendments “to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents (LPRs).”

Comments are due by February 29, 2016. To submit comments, follow the instructions in the notice.

Among other things, USCIS said it proposes to amend its regulations to:

• Clarify and improve longstanding agency policies and procedures implementing sections of the American Competitiveness in the Twenty-First Century Act (AC21) and the American Competitiveness and Workforce Improvement Act (ACWIA) related to certain foreign workers, which will enhance USCIS’s consistency in adjudication.
• Better enable U.S. employers to employ and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions (I-140 petitions) while also providing stability and job flexibility to these workers. USCIS said the proposed rule will increase the ability of such workers to further their careers by accepting promotions, making position changes with current employers, changing employers, and pursuing other employment opportunities.
• Improve job portability for certain beneficiaries of approved I-140 petitions by limiting the grounds for automatic revocation of petition approval.
• Clarify when individuals may keep their priority date to use when applying for adjustment of status to lawful permanent residence, including when USCIS has revoked the approval of their approved I-140 petitions because the employer withdrew the petition or because the employer’s business shut down.
• Allow certain high-skilled individuals in the United States in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status to apply for one year of unrestricted employment authorization if they:

1. Are the beneficiaries of an approved I-140 petition;
2. Remain unable to adjust status due to visa unavailability; and
3. Can demonstrate that compelling circumstances exist that justify issuing an employment authorization document.

Such employment authorization may only be renewed in limited circumstances.

• Clarify various policies and procedures related to the adjudication of H-1B petitions, including, among other things, extensions of status, determining cap exemptions and counting workers under the H-1B visa cap, H-1B portability, licensure requirements, and protections for whistleblowers.
• Establish a one-time grace period during an authorized validity period of up to 60 days for certain high-skilled nonimmigrant workers whenever their employment ends so that they may more readily pursue new employment and an extension of their nonimmigrant status.

These proposed changes do not take effect now. Instead, they would take effect on the date indicated in the final rule when the final rule is published in the Federal Register.

DETAILED SUMMARY OF PROPOSED RULE

PROPOSED RULE

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2. Omnibus Bill Includes Hefty Fee Increases for L-1 and H-1B Visas, EB-5 Regional Center Extension, Other Immigration-Related Provisions

The combined omnibus spending bill that Congress passed on December 18, 2015, includes several immigration measures. Among other things, the supplemental fees for L-1 and H-1B petitions are increasing for companies that employ 50 or more employees in the United States and have more than 50 percent of their U.S. workforce in H-1B, L-1A, or L-1B nonimmigrant status. Specifically, the previously expired fees for L-1 petitions will increase from $2,250 to $4,500, and the fees for H-1B petitions will increase from $2,000 to $4,000. These supplemental fees must be paid on initial and extension petitions.

The bill also extends without substantive changes through September 30, 2016, four immigration programs: the EB-5 regional center program, the E-Verify program, the religious worker visa program, and the Conrad State 30 waiver program for certain foreign doctors on J-1 visas.

Also passed was a prohibition against foreign nationals in the Visa Waiver Program (VWP) if they have visited Syria or Iraq at any time on or after March 1, 2011. The new law also excludes from the VWP individuals who are nationals of Iraq, Syria, Iran, or Sudan. The omnibus spending law exempts those performing military service in the armed forces of a VWP country or those carrying out official duties in a full-time capacity in the employment of a VWP country government. In addition, the U.S. government may waive exclusion from the VWP program if it would be in the law enforcement or national security interests of the United States.

The new law also allows certain workers previously counted against the H-2B cap to return to the United States without being counted against the cap a second time.

TEXT OF THE NEW LAW

SUMMARIES (Democrats)

SUMMARIES (Republicans)

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3. Labor Dept. Issues Emergency Guidance on H-2B Changes

Responding to new requirements contained in the 2016 Department of Labor Appropriations Act, which was signed into law on December 18, 2015, as part of the omnibus spending bill mentioned in the prior article, the Labor Department’s Office of Foreign Labor Certification (OFLC) has provided emergency guidance to employers seeking to employ nonimmigrant workers in H-2B temporary or seasonal nonagricultural employment. The operational guidance is for employers seeking to obtain prevailing wage determinations and temporary labor certifications under the H-2B nonimmigrant visa classification.

Among other things, the guidance notes that certain provisions in the Appropriations Act require non-substantive modifications to ETA Form 9165. To comply with the law, OFLC has requested emergency approval from the Office of Management and Budget (OMB) on non-substantive changes to the form. The guidance states that until a notice of action is issued by the OMB, the Certifying Officer (CO) cannot issue a prevailing wage determination where use of a private survey has been requested.

The new provisions also require non-substantive modifications to Appendix B of the Form ETA-9142B. Specifically, the current Appendix B contains references to an employer’s compliance with the wage offer guarantee, corresponding employment, three-fourths guarantee, and the definition of temporary need under 20 CFR § 655.6. To comply with the new law, OFLC has requested emergency approval from OMB on non-substantive changes to the Appendix B. Until a notice of action is issued by OMB, the CO cannot issue any certification determinations on H-2B applications for temporary labor certification.

When a certification decision is issued, the CO will provide the employer with a copy of the revised Appendix B approved by OMB as well as a Final Determination Letter containing instructions for submitting all appropriate documentation to U.S. Citizenship and Immigration Services. Until OMB approves a revised Appendix B, employers may continue to file H-2B applications with the prior version of Appendix B. After receipt of the notice of action from the OMB, the OFLC will provide a revised Appendix B to the employer with a certification decision.

The OFLC said it will issue a further announcement as soon as the agency has received the notices from the OMB.

GUIDANCE

ADDITIONAL GUIDANCE ON PREVAILING WAGE DETERMINATIONS, issued December 29, 2015

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4. Secretary of State Kerry Sends Letter to Iranian Foreign Minister re Visa Waiver Issues

U.S. Secretary of State John Kerry sent a letter on December 19, 2015, to Iranian Foreign Minister Mohammad Javad Zarif assuring him that the United States remains committed to lifting visa sanctions as provided for under the Joint Comprehensive Plan of Action (JCPOA). The JCPOA is a diplomatic agreement intended to ensure that Iran’s nuclear program remains peaceful. Among other things the JCPOA will eventually lift certain economic and visa sanctions on Iran.

Secretary of State Kerry noted that the Obama administration has the authority to waive recent changes in visa requirements passed in Congress as part of the omnibus spending bill. See the omnibus article in this issue, above. Secretary Kerry expressed confidence that the visa provisions in the omnibus spending bill “will not in any way prevent us from meeting our JCPOA commitments, and that we will implement them so as not to interfere with legitimate business interests of Iran.” To this end, he noted that the United States has “a number of potential tools available to us, including multiple entry ten-year business visas, programs for expediting business visas, and the waiver authority provided under the new legislation.” He said he would be “happy to discuss this further and provide any additional clarification.”

TEXT OF THE LETTER

MORE ON JCPOA. The visa provisions are set forth in JCPOA Annex 2.

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5. DHS Considers Removing Hundreds of Newly Arrived Undocumented Families; Candidates React

According to news reports, the Obama administration is considering removing hundreds of families who came to the United States without authorization since early 2015 and have been ordered to leave by an immigration judge. The vast majority are said to have fled violence in Central America.

The reports of possible removals, or “raids,” are providing fodder for controversy among the candidates for President. Republican frontrunner Donald Trump took credit for the possible deportations: “Wow, because of the pressure put on by me, ICE TO LAUNCH LARGE SCALE DEPORTATION RAIDS. It’s about time!” Democratic frontrunner Hillary Clinton’s campaign spokesperson said, “Hillary Clinton has real concerns about these reports, especially as families are coming together during this holiday season. She believes it is critical that everyone has a full and fair hearing, and that our country provides refuge to those that need it. And we should be guided by a spirit of humanity and generosity as we approach these issues.” Democratic candidate Bernie Sanders said, “I am very disturbed by reports that the government may commence raids to deport families who have fled here to escape violence in Central America. We need to take steps to protect children and families seeking refuge here, not cast them out.”

U.S. Immigration and Customs Enforcement recently released statistics showing a steep drop in removals in fiscal year (FY) 2015. In FY 2012, there were 409,849 removals; by FY 2015, the number had dropped to 235,413.

DETAILED STATISTICS

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6. OSC Opines on Terminating U.S. Workers and Hiring Contract Workers

An individual recently received a response to a question about whether an employer may terminate U.S. workers and rely instead on contract workers with temporary work visas. Bruce A. Morrison, chairman of the Bethesda, Maryland-based Morrison Public Affairs Group, also asked whether a violation can be established where an employer replaces a protected employee with a nonprotected employee provided by a third-party company rather than by directly hiring a replacement from outside of the protected class. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice, responded on December 22, 2015.

Among other things, OSC noted that citizenship status discrimination occurs when protected individuals are denied or deprived of employment because of their real or perceived immigration or citizenship status. U.S. citizens and nationals, refugees, asylees, and recent lawful permanent residents are protected from citizenship status discrimination under the Immigration and Nationality Act (INA), the OSC noted, adding that the INA grants OSC jurisdiction over citizenship status discrimination claims involving employers with four or more employees.

OSC explained that except in very narrow circumstances, an employer violates the antidiscrimination provision if it terminates workers or hires their replacements because of citizenship or immigration status. This is true, OSC said, regardless of whether the employer takes the discriminatory employment actions itself through direct hiring or contracts as a joint employer with an outside agency to implement its discriminatory staffing plan. Whether an employer has violated the antidiscrimination provision through its use of contract workers will depend upon the facts of each case, OSC noted, including: (1) whether there is evidence of intentional discrimination in the selection of employees for discharge or rehire; (2) the circumstances surrounding the selection of the third-party staffing contractor; and (3) the extent to which the original employer could be considered a joint employer of the contract workers. In addition, OSC pointed out that nothing prevents the filing of a charge against the contractor for potential citizenship status discrimination, or prevents OSC from independently investigating the contractor for potential discrimination if OSC receives information indicating a possible violation.

OSC’s RESPONSE

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7. OSC, ICE Issue Joint Guidance for Employers Conducting I-9 Audits

U.S. Immigration and Customs Enforcement (ICE) and the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) jointly issued new “Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits” on December 17, 2015. The guidance notes that although not required by law, an employer may conduct an internal audit of I-9 forms to ensure ongoing compliance with the employer sanctions provision of the INA. An employer may choose to review all or a sample of I-9 forms selected based on neutral and nondiscriminatory criteria. If a subset of I-9 forms is audited, “the employer should consider carefully how it chooses Forms I-9 to be audited to avoid discriminatory or retaliatory audits, or the perception of discriminatory or retaliatory audits,” the guidance notes. Penalties for violations “may be imposed even if an internal audit has been performed.” The guidance states that internal audits should not be conducted on the basis of an employee’s citizenship status or national origin, or in retaliation against any employee for any reason. An employer “should also consider whether the audit is or could be perceived to be discriminatory or retaliatory based on its timing, scope or selective nature.”

The guidance recommends a “transparent process” for interacting with employees during any internal audit. This includes informing employees in writing that the employer will conduct an internal audit of I-9 forms, explaining the scope and reason for the internal audit, and stating whether the internal audit is independent of or in response to a government directive. The guidance states that when a deficiency is discovered in an employee’s Form I-9, the employer should notify the affected employee, in private, of the specific deficiency. The employer should provide the employee with copies of his or her Form I-9, any accompanying documents, and any other documentation showing the alleged deficiency. If the employee is not proficient in English, the employer should communicate in the appropriate language where possible. The employer should also provide clear instructions to employees with questions or concerns related to the internal audit on how to seek additional information from the employer to resolve those questions or concerns.

An employer cannot correct errors or omissions in Section 1 of the I-9 form, only in Sections 2 or 3, the guidance notes. The employer should ask the employee to correct any errors in Section 1. The guidance states that the best way to correct such an error is to have the employee draw a line through the incorrect information, enter the correct or omitted information, and initial and date the corrected or omitted information. A preparer or translator can help by making the correction or helping the employee to make the correction.

The guidance recommends that before conducting an audit, an employer should consider the purpose and scope of the audit and how it will communicate information to employees, such as the reasons for the internal audit and what employees can expect from the process. An employer should consider the process it will have for fielding questions or concerns about the audit, how it will inform the employees of that process, how it will document its communications with employees, and how it will ensure consistent standards when addressing any I-9 deficiencies revealed by the audit, the guidance notes.

Among other things, the guidance also notes that an employer is not required to terminate employees who, as a result of the employer’s internal I-9 audit, disclose that they were previously not work-authorized, even though they are currently work-authorized. An employer may continue to employ the employee upon completion of a new I-9 noting the authorizing document(s), and should attach the new I-9 to the previously completed I-9 together with a signed and dated explanation, the guidance states.

The guidance also notes that an employer should not use the Social Security Number Verification Service (SSNVS) during an internal I-9 audit. The Social Security Administration (SSA) will verify Social Security numbers and names solely to ensure that the records of current or former employees are correct for the purpose of completing Internal Revenue Service (IRS) Form W-2 (Wage and Tax Statement). Additionally, any notification about a mismatch makes no statement about an employee’s immigration status. Rather, it simply indicates an error in either the employer’s records or SSA’s records “and should not be used as a basis to take adverse action against an employee. In other words, SSNVS is not intended to be used to verify employment authorization in connection with the Form I-9 process,” the guidance notes.

GUIDANCE, including additional information, such as how to correct other types of errors and determining whether documentation is acceptable

For further information about the proper use of SSNVS, see the SSNVS HANDBOOK

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8. USCIS Transfers Some Cases From Vermont Service Center

U.S. Citizenship and Immigration Services (USCIS) recently began transferring some casework from the Vermont Service Center (VSC) to the California Service Center (CSC) and the Nebraska Service Center (NSC) “to balance workloads.”

The CSC will now process Forms I-539, Application to Extend/Change Nonimmigrant Status. The NSC will process Forms I-765, Application for Employment Authorization, filed by asylum applicants with pending asylum applications filed on or after January 4, 1995. The eligibility category for the application is (c)(8).

USCIS will notify those whose cases are transferred. The original receipt number will not change, and processing of the case will not be delayed “except for the additional time needed to transfer the file.” The filing location and instructions for these forms will not change.

USCIS noted that an individual’s case status can be checked at Case Status Online by entering the receipt number. Applicants can also sign up to receive automatic case status updates by email, and can submit an inquiry if they do not receive a decision within the published processing time. Inquiries may be made at 800-375-5283 (TDD 800-767-1833), or ONLINE.

NOTICE

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9. USCIS Updates Petition to Remove Conditions on Residence for Marriage-Based Green Cards

U.S. Citizenship and Immigration Services (USCIS) has published an update to Form I-751, Petition to Remove Conditions on Residence. The new edition is dated 11/23/15.

Beginning on February 29, 2016, USCIS will accept only the 11/23/15 edition. The edition date is at the bottom of every page of the form and instructions. The expiration date at the top says 11/30/2017.

LATEST FORM AND INSTRUCTIONS

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10. USCIS Changes Filing Location for Notices of Motion or Appeal Related to Citizenship Applications

U.S. Citizenship and Immigration Services (USCIS) announced that starting on January 1, 2016, those filing a Form I-290B, Notice of Motion or Appeal, in response to a decision on a Form N-600 (Application for Certificate of Citizenship) or N-600K (Application for Citizenship and Issuance of Certificate Under Section 322) must mail the I-290B to the Chicago Lockbox. USCIS will no longer accept these forms at local field offices.

USCIS will provide a 30-day grace period from January 1-30, 2016, for those who file an I-290B with the local office. Local field offices that receive a Form I-290B during this time will forward it to the Chicago Lockbox. After January 30, 2016, local field offices will return all I-290Bs for Forms N-600 or N-600K they receive and advise applicants to file instead at the Chicago Lockbox.

For those filing via the U.S. Postal Service, the address is:

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

For those filing via USPS express mail/courier, the address is:

USCIS
Attn: FBAS
131 S. Dearborn, 3^rd Floor
Chicago, IL 60603-5517

USCIS ANNOUNCEMENT

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11. New Publications and Items of Interest

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

The 2015 edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

• Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
• Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
• Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

• An overview of the immigration law requirements and procedures for over 20 countries;
• Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
• A general overview of the appropriate options for a particular employee; and
• Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584

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

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12. ABIL Member/Firm News

David Isaacson, of Cyrus D. Mehta & Associates, PLLC, has authored a new blog entry. “How Recent Changes To The Visa Waiver Program Have Gone Too Far”

Cora-Ann V. Pestaina, of Cyrus D. Mehta & Associates, PLLC, has authored a new blog entry. “How One Employee’s Complaint Can Lead To A Full Blown Investigation Of An H-1B Employer’s LCA Records”

Angelo Paparelli was quoted by the Wall Street Journal on planned raids of families for removal from the United States. In “U.S. Plan To Deport Central American Families Is Widely Criticized,” published on December 25, 2015, Mr. Paparelli said the effort “seems like an about-face from the president’s actions in prioritizing the enforcement of immigration laws. I worry that a terrorist incident might occur because the eyes of DHS are distracted.”

Bernard Wolfsdorf and Avi Friedman of Wolfsdorf Rosenthal LLP will speak at the 2016 AILA Midwinter Conference on January 22, 2016, at Atlantis Paradise Island in the Bahamas. They will speak about advanced issues in consular processing, nonimmigrant waivers, and humanitarian parole.

Mr. Wolfsdorf discussed the impact of recent terrorist attacks on immigration in an ABC News article, “San Bernardino Attack: Visas, Wives and Terror.” Mr. Wolfsdorf commented that “the unusual circumstances surrounding Chernykh’s marriage to Marquez would likely attract the interest of immigration authorities.”

Mr. Wolfsdorf was interviewed in “The Wealthy Migrant,” published in The Economist. In the report, Mr. Wolfsdorf discussed the motivations propelling high-net-worth individuals to relocate and seek citizenship abroad. THE FULL REPORT

Wolfsdorf Rosenthal LLP was honored as the “2015 EB-5 Immigration Law Firm of the Year” by EB5NewsBlog.org. EB5NewsBlog.org is sponsored by the investment consulting firm, Artisan Business Group, Inc., that reports on EB-5 practice.

Wolfsdorf Rosenthal LLP announced the addition of three new partners. Avi Friedman and Richard Yemm are in the Los Angeles office, and Naveen Bhora is in the New York office.

Stephen Yale-Loehr and H. Ronald Klasko will lead an “EB-5 Due Diligence Workshop” on January 15, 2016, at EB-5 Investors.com’s 2016 Las Vegas EB-5 Conference. Designed for migration agents, the workshop will cover due diligence matters and conclude with legislative analysis. Attendance is limited. For more information or to register.

Mr. Yale-Loehr recently wrote a blog recapping the EB-5 legislative battle. “Congress Extends EB-5 Program for One Year Without Changes”

Mr. Yale-Loehr was quoted in Law360 on December 24, 2015, in “Immigration Regulation and Legislation To Watch in 2016.” He noted that topics that may come up include whether changes to the EB-5 program will apply retroactively, as well as issues related to target employment areas. “I think there is going to be another summer of intense negotiations to try to come with a compromise on EB-5,” he said.

Mr. Yale-Loehr was quoted in the McClatchy newspapers about the fiancée visa application for Tashfeen Malik, the wife involved in the San Bernardino, California, terrorist attack. The article was published by the Sacramento Bee and the Miami Herald

Mr. Yale-Loehr was quoted in China Daily USA in “Congress To Extend EB-5 Program,” published on December 17, 2015. He noted that “Congress was on the verge of enacting major changes to the EB-5 program, but deleted the EB-5 reform package from the omnibus spending bill at the last minute.”

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13. Government Agency Links

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

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. USCIS Adds 16 Countries to H-2A/H-2B Visa Programs -The countries being added in January are Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, and Timor-Leste. Moldova will no longer be designated as an eligible country to participate in the H-2B program because Moldova is not meeting regulatory standards. Nationals of Moldova may still participate in the H-2A program because Moldova continues to meet those standards.

2. USCIS Updates Application for Employment Authorization -Several older versions are also still being accepted.

3. USCIS Releases Controversial Draft Policy Memo on Job Portability -The memo provides additional guidance on determining whether one job is in “the same or a similar occupational classification” as another job.

4. DHS Provides Post-Earthquake Relief to Nepali F-1 Students -Eligible Nepali citizens who are F-1 students may request employment authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain their F-1 student status.

5. Wisconsin Joins E-Verify RIDE Program -Wisconsin joins Florida, Idaho, Iowa, Mississippi, Nebraska, and North Dakota in the program.

6. Credit Cards Now Accepted for Naturalization Fees -USCIS explained that this change is one of the recommendations made by the White House Task Force on New Americans.

7. USCIS Updates Paper Version of G-28 Notice of Appearance -USCIS recently updated the paper version of Form G-28, Notice of Entry of Appearance as Attorney or Representative.

8. ABIL Global: United Kingdom -Several developments have been announced.

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

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

11. Government Agency Links -Government Agency Links

Details:

1. USCIS Adds 16 Countries to H-2A/H-2B Visa Programs

Effective January 18, 2016, USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, are adding Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, and Timor-Leste to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for 2016.

DHS noted that it reserves the right to add countries to the eligible list at any time, and to remove any country whenever the agency determines that a country fails to meet the requirements for continued designation.

Secretary of Homeland Security Johnson and Secretary of State Kerry have agreed that Moldova will no longer be designated as an eligible country to participate in the H-2B program because Moldova is not meeting regulatory standards. Nationals of Moldova may still participate in the H-2A program because Moldova continues to meet those standards.

USCIS explained that the H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS, however, may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.

The notice does not affect the status of beneficiaries who currently are in the United States in H-2A or H-2B status unless they apply to change or extend their status. Each country’s designation is valid for one year from January 18, 2016.

FEDERAL REGISTER NOTICE announcing the additions

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2. USCIS Updates Application for Employment Authorization

U.S. Citizenship and Immigration Services (USCIS) has published an update to Form I-765, Application for Employment Authorization. The new edition is dated 11/04/15. Previous editions dated 02/13/15, 05/27/08, or later are also being accepted.

LATEST I-765 EDITION

RELATED FEDERAL REGISTER NOTICE

OTHER RECENT FORMS UPDATES, including the Immigrant Petition for Alien Worker and the Application to Register Permanent Residence or Adjust Status.

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3. USCIS Releases Controversial Draft Policy Memo on Job Portability

U.S. Citizenship and Immigration Services (USCIS) recently released a draft policy memorandum, “Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability.” The memo was posted on November 20, 2015, and the comment period ends January 4, 2016.

The memo instructs Immigration Services Officers (ISOs) on how they may use the Department of Labor’s (DOL’s) Standard Occupational Classification (SOC) codes and other evidence to determine whether a new job is in the same or a similar occupational classification as the original job offer in an Immigrant Petition for Alien Worker (Form I-140 petition) submitted to USCIS. USCIS said the purpose of the memo is “to promote consistency and efficiency in section 204(j) portability adjudications in accordance with the policy objectives described herein. Such adjudications require individualized assessments that consider the totality of the circumstances and are based on a preponderance of the evidence presented.”

The memo notes that despite the statutory flexibility provided in INA § 204(j), “stakeholders have raised concerns that the job portability provision is underutilized due to significant uncertainty concerning USCIS determinations in this area.” The memo “is intended to address that uncertainty by providing additional guidance for determining whether two jobs are in the same or similar occupational classification(s).”

In making these determinations, the memo explains, USCIS may refer to DOL’s labor market expertise as reflected in its SOC system, which is used to organize occupational data and classify workers into distinct occupational categories. Occupations are generally categorized based on the type of work performed and, in some cases, on the skills, education, and training required to perform the job. The memo notes that the SOC organizes all occupations into 23 “major groups,” which are then broken down in descending order into: 97 “minor groups,” 461 “broad occupations,” and 840 “detailed occupations.” All workers are classified into one of these 840 detailed occupations. Detailed occupations with similar job duties and, in some cases, skills, education, and/or training are generally grouped together in the same broad occupation. The SOC system is organized using numeric codes that generally consist of six digits. Each digit or group of digits represents the level of similarity of positions. No occupation is assigned to more than one category at the lowest level of the classification (sixth digit).

Some attorneys complain that USCIS misses the mark with this memo and ignores the legislative history, which was, as the title of the provisions suggest, for “job flexibility,” so that workers are not treated as indentured servants and may improve their prospects by switching jobs and employers. These commenters note that the agency interprets “similar” to mean having a “marked resemblance,” rather than a mere “resemblance,” although it cites two dictionaries, only one of which says the resemblance must be “marked.” They also expressed concerns that USCIS mechanistically applies the SOC codes, which were never intended to be used for this purpose, and instead were a bureaucratic fix for DOL to stop publishing the 40,000+ job listing in the Dictionary of Occupational Titles.

MEMO

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4. DHS Provides Post-Earthquake Relief to Nepali F-1 Students

Effective November 9, 2015, the Department of Homeland Security (DHS) suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is the Federal Democratic Republic of Nepal and who are experiencing severe economic hardship as a direct result of the earthquake there on April 25, 2015.

DHS said this action is intended to provide relief to Nepali citizens who are F-1 students so they may request employment authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain their F-1 student status. DHS will deem an F-1 student who receives employment authorization by means of this notice to be engaged in a “full course of study’ for the duration of the employment authorization, if the student satisfies the minimum course load requirement described in the notice.

FEDERAL REGISTER NOTICE

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5. Wisconsin Joins E-Verify RIDE Program

U.S. Citizenship and Immigration Services (USCIS) recently announced that Wisconsin has become the latest state to join the “Records and Information from DMVs for E-Verify” (RIDE) program. In conjunction with the American Association of Motor Vehicle Administrators, RIDE links the E-Verify system with participating state driver’s licensing agencies. RIDE allows E-Verify to validate the authenticity of driver’s licenses and state identification cards presented by employees as Form I-9 identity documents.

Wisconsin joins Florida, Idaho, Iowa, Mississippi, Nebraska, and North Dakota in the program.

MORE INFORMATION

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6. Credit Cards Now Accepted for Naturalization Fees

U.S. Citizenship and Immigration Services (USCIS) is now accepting credit cards to pay the processing fee for Form N-400, Application for Naturalization. Most applicants pay $680, which includes the $595 naturalization application fee and a biometrics fee of $85.

To pay with a credit card, an applicant must file Form G-1450, Authorization for Credit Card Transaction. USCIS explained that this change “is one of the recommendations made by the White House Task Force on New Americans.” Acceptable cards include Visa, MasterCard, American Express, and Discover, along with gift cards with Visa, MasterCard, American Express, or Discover logos. The entire fee must be paid using a single card. USCIS will reject the application if the card is declined.

DETAILS ON HOW TO PAY WITH A CREDIT CARD

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7. USCIS Updates Paper Version of G-28 Notice of Appearance

U.S. Citizenship and Immigration Services (USCIS) recently updated the paper version of Form G-28, Notice of Entry of Appearance as Attorney or Representative. The update does not address filings made in the Electronic Immigration System.

NOTICE

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8. ABIL Global: United Kingdom

Several developments have been announced.

Home Office Publishes Latest Changes to Immigration Rules—How Will These Affect Tier 2 Sponsors?

On October 29, 2015, the Home Office published its latest Statement of Changes to the Immigration Rules. The most relevant for points-based system Sponsors are those relating to Tier 2. These changes, which took effect November 19, 2015, are summarized below. Also included below is an update on other immigration-related changes, including the United States’ extending its passport fast-track scheme to United Kingdom (UK) citizens and further roll-out of criminal record checks.

Tier 2 Changes

• A number of additional jobs have been added to the Shortage Occupation List (SOL):

• All nursing posts. This is a temporary measure, pending the outcome of a further consultation by the Migration Advisory Committee (MAC). The MAC will then report on the need for nurses to remain on the SOL. This is welcome news for the profession because it means that starting in April 2016, nurses will be exempt from the Resident Labour Market Test, will receive higher priority in the allocation of places for the Tier 2 limit, and will not need to meet the £35,000 qualifying salary threshold for Tier 2 (General) applicants to secure permanent residence in the UK.
• Four roles in the digital technology sector (product manager, data scientist, senior developer, and cyber security specialist). These roles are only available to Sponsors who can satisfy the new “qualifying company” criteria. A qualifying company is a licensed sponsor that employs between 20 and 250 employees, is not more than 25% owned by a company with one or more establishments in the UK having more than 250 employees, and has not been established in the UK for the purpose of supplying services exclusively to a single company or group in the UK. Each qualifying company will be able to sponsor up to 10 Tier 2 (General) migrants holding these positions. The roles also require migrants to have five or more years of relevant experience and demonstrable experience of having led a team.

• Entry clearance issuance dates will be better aligned with migrants’ start dates of employment in the UK. In effect, they can be post-dated in line with the applicant’s stated date of travel to the UK, provided this is no later than 14 days after the start date of employment given by the migrant’s Sponsor. This change will give more flexibility to migrants and hopefully will reduce the incidence of migrants having to reapply for entry clearance if they have been unable to travel to the UK within the short window provided by the 30-day travel visa.
• Maintenance rules for family members are being amended so that where the Tier 2 migrant is exempt from having to show maintenance with extension applications, his or her dependents will also be exempt, even if applying at a later date.
• Tier 2 (and Tier 5) migrants are limited to four weeks of unpaid absence from work per calendar year. This is being changed from the current period of 30 days.
• Tier 2 provisions relating to maternity, paternity, and adoption leave will now also cover shared parental leave. This will be relevant where there is a salary reduction below the appropriate rate for the job, as stated in the government’s Standard Occupation Codes, for the duration of the leave only.
• Indefinite leave to remain (ILR) additional requirements for Tier 2 (General) migrants include the requirement for Sponsors to certify in writing that the migrant is still required for the employment in question for the foreseeable future and that the salary payable will continue for the foreseeable future. This will affect those migrants who have been issued a redundancy notice, for example, or where the migrant has given notice of termination of employment. Sponsors need to be aware of these new requirements when an application for ILR is submitted and a decision has been made regarding the end date of a migrant’s employment.

United States Extends Passport Fast-Track Scheme to UK Citizens

This development will be extremely useful for British nationals who travel frequently to the United States for business. Similar to the UK Registered Traveller Scheme, frequent travelers to the United States can apply to join “Global Entry” starting on December 3, 2015. Travelers first must apply to the Home Office and pay a £42 processing fee. If the applicant passes UK vetting, he or she will receive an access code to use when applying for the Global Entry program, which costs £65 and is valid for five years. This new program is intended to speed up passage through U.S. immigration control. According to the United States, the new process cuts down passport control waiting times by about 70%.

MORE ON THIS PROGRAM AND THE EXPANSION TO UK TRAVELERS

Further Roll-Out of Criminal Record Checks

The Home Office is reviewing the further roll-out of the requirement for migrants to obtain police clearance certificates. Because this may be rolled out to Tier 2 migrants early in 2016, Sponsors should factor it in when planning for migrants to transfer to the UK early next year.

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9. New Publications and Items of Interest

OSC workers’ rights webinars. The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is offering webinars on workers’ rights. The webinars include answers to questions about hiring, firing, and recruitment discrimination based on citizenship, immigration status, or national origin; what to do if you believe an employer is discriminating during the E-Verify or Form I-9 employment authorization verification processes; and government resources. The webinars include:

• December 1, 2015, 3 pm ET: OSC Worker/Advocate
• December 3, 2015, 11 am ET: OSC Employer/HR Representative
• December 15, 2015, 11 am ET: OSC Worker/Advocate (Spanish)

MORE INFORMATION OR TO REGISTER

The 2015 edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

• Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
• Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
• Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

• An overview of the immigration law requirements and procedures for over 20 countries;
• Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
• A general overview of the appropriate options for a particular employee; and
• Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584

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

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10. ABIL Member/Firm News

The following ABIL members and firms were named to Chambers Global:

Mark Ivener and Ivener and Fullmer LLP

Ronald Klasko

Charles Kuck

Robert Loughran and Foster, LLP

Maggio & Kattar, PC

Sharon Mehlman

Angelo Paparelli

Pearl Law Group

William Reich

Bernard Wolfsdorf

Stephen Yale-Loehr

ABIL Global:

Avi Gomberg and Gomberg Dalfen

The following ABIL members were named to Who’s Who 2016:

Rami Fakhoury

Steve Garfinkel

Kehrela Hodkinson

Mark Ivener

Ronald Klasko

Charles Kuck

Robert Loughran

Sharon Mehlman

John Nahajzer

Angelo Paparelli

Julie Pearl

William Reich

Lynn Susser

Bernard Wolfsdorf

Stephen Yale-Loehr

ABIL Global:

Enrique Arellano

Bernard Caris

Eugene Chow

Laura Devine

Avi Gomberg

Kenneth Ing

Jelle Kroes

Marco Mazzeschi

Bettina Offer

Ariel Orrego-Villacorta

Nicolas Rollason

Maria Isa Soter

Klasko Immigration Law Partners, LLP was recognized as a National Tier 1 firm in Immigration Law in the 2016 edition of Best Law Firms by U.S. News Media Group and Best Lawyers®.

Mr. Kuck was quoted in “Legal Experts Say Governors Cannot Block Syrian Refugees,” published by Fox5 in Georgia on November 17, 2015. He noted that under the U.S. Constitution, governors do not have the right to keep Syrian refugees out of their states.

Dustin Baxter, of Mr. Kuck‘s office, has authored a new blog entry. “7 Things That Scare Me More Than Syrian Refugees”

Ms. Mehlman spoke on a panel, “Updates on Worksite Enforcement,” at the American Immigration Lawyers Association’s Texas Chapter Fall Conference in Punta Cana, Dominican Republic, on November 20, 2015.

Mr. Mehta has authored two new blog entries. “Sink or Swim Together: States Have No Legal Basis To Refuse Syrian Refugees” “Impact of Texas v. USA on Other Executive Actions Involving Employment Authorization”

Mr. Mehta and Mr. Paparelli were quoted in “Job Portability Memo’s Focus On DOL Codes Stirs Worries,” published in Law360 on November 24, 2015. Mr. Mehta said, “What I find a little worrying is that there’s too much emphasis on these SOC codes, which would then force an examiner to just look at SOC codes.” Mr. Paparelli noted that the SOC codes are meant largely to help determine the prevailing wages. He said the memo embraces a “formulaic application” of the codes: “This is applying a resource beyond its intended purpose. And acting as if it is the word inscribed on tablets from Mount Sinai, as Moses delivers them.”

Mr. Wolfsdorf has authored a new blog entry. “Ten Facts About EB-5 Immigrant Investor Fiscal Year 2015 Numbers”

Mr. Yale-Loehr will speak at a symposium, “Twenty-Five Years Later: Reflecting on the Immigration Act of 1990,” to be held at the Migration Policy Institute in Washington, DC, on Tuesday, December 8, 2015, from 10 am to 12 noon ET. For more information or to register, call 202-266-1929 or email[email protected].

Mr. Yale-Loehr was quoted in the Wall Street Journal on November 17, 2015, in “White House Says Syrian Refugees Face Rigorous Screening.” He noted, “States cannot decide to accept refugees from country X but not from country Y.”

Mr. Yale-Loehr was quoted in marketplace.com (an NPR show) on November 18, 2015, about the Syrian refugee crisis.

Mr. Yale-Loehr was quoted in medium.com in an article by and about his client, Dan-el Padilla Peralta.

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11. Government Agency Links

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

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. DHS Proposes Rule on Expanding F-1 STEM OPT -Among other things, the proposal would allow F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months.

2. Labor Dept. Publishes Final Rule on Temporary Employment of H-2A Workers in Herding or Production of Livestock on the Range -Among the issues addressed are the qualifying criteria, preparing job orders, program obligations of employers, filing H-2A applications requesting temporary labor certification for range occupations, recruiting U.S. workers, determining the minimum offered wage rate, and meeting minimum standards for housing used on the range.

3. USCIS Reports Satisfaction With Filing for Replacement Green Cards Online -More than 93 percent of applicants who filed for a replacement green card online had a positive experience, and more than 95 percent would recommend online filing to others.

4. USCIS Reminds Those Affected by South Carolina Floods of Immigration Relief Options -USCIS said that requestors should explain how the flooding created a need for the requested relief.

5. USCIS Will Close Vienna Field Office in December -The last day the office will be open to the public and accept applications is November 30, 2015.

6. DHS Sets FY 2016 Limit for CNMI-Only Transitional Workers -DHS will allow up to 12,999 nonimmigrants in fiscal year (FY) 2016 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program.

7. ABIL Global: Peru -On September 26, 2015, a new Aliens Law in Peru was published in the official gazette, El Peruano. Selected highlights are discussed.

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

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

10. Government Agency Links -Government Agency Links

Details:

1. DHS Proposes Rule on Expanding F-1 STEM OPT

On October 19, 2015, the Department of Homeland Security (DHS) published a new proposed rule on expanding F-1 science, technology, engineering, and mathematics (STEM) optional practical training (OPT). Specifically, the proposal would allow F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students. The rule also increases oversight of STEM OPT extensions by, among other things, requiring the implementation of formal mentoring and training plans by employers, adding wage and other protections for STEM OPT students and U.S. workers, and allowing extensions only to students with degrees from accredited schools.

As with the current 17-month STEM OPT extension, the proposed rule would authorize STEM OPT extensions only for students employed by employers enrolled in U.S. Citizenship and Immigration Services’ (USCIS) E-Verify employment eligibility verification program. The proposal also includes the “cap-gap” relief first introduced in 2008 for any F-1 student with a timely filed H-1B petition and request for change of status. DHS said that the cap-gap relief allows such students to automatically extend the duration of F-1 status and any current employment authorization until October 1 of the fiscal year for which such an H-1B visa is being requested.

The proposed rule also responds to a court decision that vacated a 2008 DHS regulation on procedural grounds. The proposed rule includes changes to the policies announced in the 2008 rule to further enhance the academic benefit provided by STEM OPT extensions and increase oversight. DHS noted that “[t]hese on-the-job educational experiences would be obtained only with those employers that commit to developing students’ knowledge and skills through practical application. The proposed changes would also help ensure that the nation’s colleges and universities remain globally competitive in attracting international STEM students to study and lawfully remain in the United States.”

PROPOSED RULE

ADDITOINAL BACKGROUND ON THE ISSUES

RELATED NOVEMBER 2014 MEMO from Secretary Jeh Johnson

AUGUST 2015 OPINION

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2. Labor Dept. Publishes Final Rule on Temporary Employment of H-2A Workers in Herding or Production of Livestock on the Range

The Department of Labor (DOL) has published a final rule establishing standards and procedures for employers seeking to hire foreign temporary agricultural workers for jobs in herding and production of livestock on the range. Among the issues addressed are the qualifying criteria, preparing job orders, program obligations of employers, filing H-2A applications requesting temporary labor certification for range occupations, recruiting U.S. workers, determining the minimum offered wage rate, and meeting minimum standards for housing used on the range. The regulations establish a single set of standards and procedures applicable to employers seeking to hire foreign temporary agricultural workers for sheep and goat herding and range production of livestock.

Among other things, DOL noted the need to address “inadequate wage methodology” that has contributed to herder wage stagnation. Instead of using inaccurate, outdated surveys, DOL decided to use the federal minimum wage rate, currently $7.25 per hour, multiplied by 48 hours per week to set the monthly wage rate.

FINAL RULE

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3. USCIS Reports Satisfaction With Filing for Replacement Green Cards Online

U.S. Citizenship and Immigration Services (USCIS) recently announced that more than 93 percent of applicants who filed for a replacement green card (Form I-90, Application to Replace Permanent Resident Card) online had a positive experience, and more than 95 percent would recommend online filing to others.

USCIS noted that since the agency introduced the electronic I-90 in March 2015, more than 168,000 applications were filed that way. Online I-90 filings now account for 47 percent of all I-90 applications filed. USCIS said it still accepts paper I-90 applications, but converts them into electronic records. Those filing an I-90 on paper can still create an online account to track the case electronically.

INFORMATION ABOUT ELECTRONIC FILING

I-90 APPLICATION

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4. USCIS Reminds Those Affected by South Carolina Floods of Immigration Relief Options

U.S. Citizenship and Immigration Services (USCIS) recently issued an alert noting that the agency “offers immigration relief measures that may help people affected by unforeseen circumstances, such as disasters like the recent severe flooding in South Carolina.”

USCIS said that requestors should “explain how the flooding created a need for the requested relief.” The agency noted that the following measures may be available upon request:

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

ANNOUNCEMENT

MORE INFORMATION on humanitarian relief in special situations

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5. USCIS Will Close Vienna Field Office in December

U.S. Citizenship and Immigration Services (USCIS) will permanently close its field office in Vienna, Austria, on December 31, 2015. The last day the office will be open to the public and accept applications is November 30, 2015. The USCIS field offices in Frankfurt, Rome, and Athens will assume Vienna’s former jurisdiction, which includes Austria, Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, Kosovo, Former Yugoslav Republic of Macedonia, Montenegro, Poland, Romania, Serbia, Slovakia, and Slovenia. The U.S. Embassy in Vienna will assume responsibility for certain limited services previously provided by USCIS to individuals residing in Austria.

ADDITIONAL DETAILS, including the new jurisdictional breakdown for countries in USCIS Vienna’s former jurisdiction and detailed filing instructions for various services and forms

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6. DHS Sets FY 2016 Limit for CNMI-Only Transitional Workers

The Department of Homeland Security (DHS) announced on October 22, 2015, that it will allow up to 12,999 nonimmigrants in fiscal year (FY) 2016 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program.

Under the CW-1 program, employers in the CNMI can apply for temporary permission to employ foreign nationals who are ineligible for any existing employment-based nonimmigrant category under the Immigration and Nationality Act. The CW program is in effect until December 31, 2019. DHS said it reduced the FY 2016 CW-1 limit by 1,000 “to meet the CNMI’s existing labor market needs and provide opportunity for potential growth, while meeting a regulatory requirement to reduce the numerical limit each year.”

The announcement does not affect the status of current CW-1 workers unless their employer files for an extension of their current authorized period of stay. Approved petitions with an employment start date between October 1, 2015, and September 30, 2016, will generally count toward the 12,999 limit, DHS said. The numerical limit applies only to CW-1 principals. It does not directly affect anyone currently holding CW-2 status, which is for spouses and minor children of CW-1 nonimmigrants. However, CW-2 nonimmigrants may be indirectly affected because their status depends upon that of the principal CW-1, USCIS noted.

FEDERAL REGISTER NOTICE

RELATED ANNOUNCEMENT

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7. ABIL Global: Peru

On September 26, 2015, a new Aliens Law in Peru was published in the official gazette, El Peruano. Selected highlights are discussed below.

Legislative decree No. 1236, most of which will be effective 90 days after related regulations are published, will change the scheme of work visas, and immigration categories and statuses, in Peru. Among other things, the immigration categories under the new law will include:

• Visitor: Allows foreign nationals short-term visits to Peru.
• Temporary: Allows foreign nationals to carry out paid activities, study, or undertake training activities, as appropriate to the immigration status assigned.
• Resident: Allows foreign nationals to set up residence in Peru. Foreign nationals with resident status may carry out any kind of paid or for-profit activity as a subordinate, independent, or self-employed person. The resident immigration category is divided into:
• Permanent Resident: Allows foreign nationals to establish permanent residence in Peru. Foreign nationals may apply to obtain this status after 21 months as provisional residents. The specific requirements will be set in regulations.
• Provisional Resident: Allows foreign nationals to perform tasks or activities only during the period of their authorized stay. Maximum term of 2 years.

A foreigner may apply for provisional residence in certain cases: (1) after two years under certain immigration statuses, including humanitarian, investor, religious, worker, and other immigration statuses as determined by Supreme Decree countersigned by the Minister of Interior and Minister of Foreign Affairs; or (2) as an intra-company transfer, applicable to a foreign national who enters Peru as an employee of a multinational company or international corporation and relocates to Peru to work in a company that is part of the same economic group or holding, to serve in a managerial (high-ranking) position, as employee in a position of trust, or as a highly qualified specialist.

Under the “Temporary” category, a new immigration status has been created: Worker—Short-Term Stay (T19), applicable to a foreign national who enters Peruvian national territory to perform work for the public or private sectors, during a brief determined term expected to be up to 30 days, nonrenewable. Short-term stay workers cannot perform paid or for-profit activities on their own account or independently.

Some immigration statuses enable the exercise of certain activities that are also allowed under a different immigration status that is not incompatible, as established in the regulations.

The Ministers of Interior and Foreign Affairs may jointly create new immigration statuses by Supreme Decree for the purpose of developing certain temporary activities. They also can develop subcategories for each immigration status. To exercise duties under the new law, MIGRACIONES and the Ministry of Foreign Relations have sanctioning power under the scope of their authority.

Actions that breach the provisions of the new law constitute punishable offenses. When evaluating the breach, the competent authority must take into account the seriousness of the offense based on proportionality and reasonableness criteria. Unlawful actions are classified as minor, serious, or very serious. National citizens; foreign nationals; transportation companies, operators, or concessionaires; domiciled individuals; and corporations that breach the obligations of the decree are subject to disciplinary proceedings.

For family unity purposes, not only the spouse but the common-law partner (according to the provisions of Article 2049 of the Peruvian Civil Code) is recognized as member of the family unit of a foreign national who can request family reunification.

As noted above, most of the law will be effective 90 working days after the publication of corresponding regulations in the official gazette, El Peruano, unless otherwise provided by law.

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8. New Publications and Items of Interest

The 2015 edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

• Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
• Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
• Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

• An overview of the immigration law requirements and procedures for over 20 countries;
• Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
• A general overview of the appropriate options for a particular employee; and
• Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584

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

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9. ABIL Member/Firm News

Cyrus Mehta has authored a new blog entry. “Don’t You Dare Yank My Precious I-140 Petition Without Telling Me”

Several members of Mr. Mehta’s office have authored new blog entries. Cora-Ann V. Pestaina has authored a new blog entry, “What One Hand Giveth The Other Taketh Away: Are We Truly Welcoming Foreign Entrepreneurs To America?“. David A. Isaacson has authored “Non-Retroactivity of BIA Precedent Decisions: De Niz Robles v. Lynch and Other Recent Court of Appeals Rulings” Michelle Velasco has authored “Work Authorization for H-4 Spouses: The Experience Thus Far”

Bernard Wolfsdorf spoke on a panel, “EB-5 Visa Demand: An Update from the Department of State,” with Charles Oppenheim, Chief, Immigrant Visa Control and Reporting, U.S. Department of State, at the IIUSA in Dallas, Texas, on October 22, 2015. A summary of key points is available to IIUSA members.

Stephen Yale-Loehr will speak at the East Meets West—Manhattan Luxury Real Estate Connect conference at the Waldorf Astoria New York on November 2, 2015, sponsored by the Manhattan chapter of the Asian Real Estate Association of America. He will be a panelist on “Myths and Realities of EB-5.” FOR MORE INFORMATION OR TO REGISTER

Mr. Yale-Loehr was quoted in Law360 on October 14, 2015, in “7 Immigration-Related Cases That May See High Court Action.” The article discusses Torres v. Lynch, Hernandez v. Mesa, Thompson v. Lynch, Ortiz-Franco v. Lynch, Molina-Martinez v. U.S., Evenwel v. Abbott, and Texas v. U.S. Commenting on Ortiz-Franco v. Lynch, Mr. Yale-Loehr noted that appeals courts have held that individuals can raise legal challenges to federal courts only from the Board of Immigration Appeals. “But the Seventh Circuit and the Ninth Circuit have held that noncitizens with criminal convictions can raise both legal and factual claims challenging the denial of relief under [the] Convention Against Torture,” he said.

Mr. Yale-Loehr was quoted in the New York Times on October 27, 2015, in “Should Foreign Graduates Get a Visa Edge?” The article discusses the phenomenon of foreign graduates leaving the United States and innovating elsewhere due to uncertainty, low caps, and long waits in the U.S. immigration system. “Imagine if the next Google or Facebook were to be developed in India or China. All those jobs that could have been in the United States instead are being developed overseas and competing against our best companies,” he said.

Mr. Yale-Loehr was quoted in the Desert Sun on October 30, 2015, in “EB-5 Visa Program Brings Foreign Investment to Valley.” He noted that “[i]t’s hard to emigrate to the U.S. from China in other categories. It’s relatively quicker to go the EB-5 route. The network [of migration agents] in China allow[s] developers a relatively efficient way of finding large numbers of investors quickly.”

Mr. Yale-Loehr was quoted in the Allentown Pennsylvania Morning Call on October 31, 2015, in “Immigration Financing Fuels Part of Allentown’s Revitalization.” He noted, “If [the EB-5 program] is done correctly it is a four-way win. We get new jobs for U.S. workers; No. 2, those jobs are at no expense to U.S. taxpayers; three, the U.S. developer gets capital maybe they wouldn’t otherwise be able to get, and fourth, the foreign investor gets a green card.”

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10. Government Agency Links

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

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. State Dept. Moves Many Filing Dates Back From Previously Released October Visa Bulletin; Lawsuit Filed -On September 24, 2015, the Department of State issued an update that supersedes the previously released October Visa Bulletin. By moving many filing dates back, the update radically changed the recently announced benefit offered by a revised procedure for determining immigrant visa availability and filing adjustment of status applications. A lawsuit is challenging the change.

2. USCIS Resumes Final Adjudications of Employment-Based Adjustment Applications After Brief Suspension -USCIS resumed final adjudication of employment-based adjustment applications on October 1, 2015, when visa numbers were again available.

3. White House Announces New Measures Under Citizenship Initiative -Among other things, USCIS began accepting and processing credit card payments for the naturalization application and biometrics fee. USCIS also said it is entering into a formal partnership with the U.S. Department of Agriculture to provide temporary office space for USCIS officers in agricultural and rural communities that have significant numbers of immigrants but are not located near a USCIS office.

4. ABIL Global: Netherlands -The Dutch government introduced the Startup Visa in 2015; requirements and early experiences are discussed.

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. State Dept. Moves Many Filing Dates Back From Previously Released October Visa Bulletin; Lawsuit Filed

On September 24, 2015, the Department of State issued an update that supersedes the previously released October Visa Bulletin. By moving many filing dates back, the update radically changed the recently announced benefit offered by a revised procedure for determining immigrant visa availability and filing adjustment of status applications. The revised process allows foreign nationals who have immigrant visa petitions based on family or employment to file adjustment of status applications once their priority dates are listed on a separate chart on the monthly Visa Bulletin, “Dates for Filing Applications.” In the prior version of the October Visa Bulletin, these dates were significantly earlier than the priority dates available for final adjudications.

With the latest change for October, the Department of State moved the dates back substantially. In a statement announcing the change, U.S. Citizenship and Immigration Services explained that following consultations with the Department of Homeland Security, the dates for filing applications for some categories in the family-sponsored and employment-based preferences were adjusted “to better reflect a timeframe justifying immediate action in the application process.”

The change means that potentially thousands of applicants who had already gathered documents, prepared applications, paid for medical examinations, and incurred other costs based on the previous dates now may have to wait many months to take the next steps in their green card cases, unless the situation changes. An informal survey of immigration lawyers revealed that about 80-90% of people who were eligible to apply for adjustment of status under the original Visa Bulletin were adversely affected by the changes announced by USCIS and DOS.

A class action challenging the new change was filed in the U.S. District Court for the Western District of Washington at Seattle on September 28, 2015. The complaint notes that in the absence of relief, plaintiffs and class members, “who have spent thousands of hours and millions of dollars preparing adjustment applications in reasonable reliance on the binding agency policy statements DOS published, will be irreparably harmed and left without any remedy for Defendants’ unlawful actions.” The complaint asks the court to declare, among other things, that the September 24 revision of the October 2015 Visa Bulletin constitutes unlawful agency action in violation of the Administrative Procedure Act. The Alliance of Business Immigration Lawyers (ABIL) filed a declaration supporting the complaint, and individual ABIL lawyers also filed declarations as experts. ABIL also plans to file an amicus brief in the litigation.

Below are a few examples of the extreme changes:

• EB-2 China: Moved from 5/1/2014 to 1/1/2013 (1 year 5 months)
• EB-2 India: Moved from 7/1/2011 to 7/1/2009 (2 years)
• EB-3 Philippines: Moved from 1/1/2015 to 1/1/2010 (5 years)
• FB-1 Mexico: Moved from 7/1/1995 to 4/1/1995 (3 months)
• FB-3 Mexico: Moved from 10/1/1996 to 5/1/1995 (1 year 5 months)

The Visa Bulletin indicates when immigrant visas are available based on priority date. The priority date is the date on which the applicant’s relative or employer filed the immigrant visa petition on the applicant’s behalf. In case of employer sponsorship through labor certification, the priority date is the date the labor certification was filed with the Department of Labor. Certain immigrants may also “recapture” earlier priority dates established by other immigrant visa petitions on their behalf.

CLASS ACTION COMPLAINT

USCIS ANNOUNCEMENT

LATEST CHART, along with information on when to file

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2. USCIS Resumes Final Adjudications of Employment-Based Adjustment Applications After Brief Suspension

U.S. Citizenship and Immigration Services (USCIS) announced on September 24, 2015, that it had suspended through September 30, 2015, the adjudication of all employment-based Form I-485 (Application to Register Permanent Residence or Adjust Status) adjustment applications pending with USCIS through that date, because the Department of State reported that the statutory cap was reached for the employment-based preference categories for fiscal year (FY) 2015.

USCIS resumed final adjudication of employment-based adjustment applications on October 1, 2015, when visa numbers were again available. USCIS noted that applicants filing an I-485 on or after October 1 should review the “When to File” section on the Visa Bulletin Info Web page to determine whether they are eligible.

ANNOUNCEMENT

VISA BULLETIN INFO WEB PAGE

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3. White House Announces New Measures Under Citizenship Initiative

The Obama administration recently announced several new measures as part of its citizenship initiative. For example, on September 19, 2015, U.S. Citizenship and Immigration Services (USCIS) began accepting and processing credit card payments for the naturalization application and biometrics fee. Previously, the fees could only be paid with a check or money order.

USCIS also said it is entering into a formal partnership with the U.S. Department of Agriculture for the Farm Service Agency to provide temporary office space for USCIS officers in agricultural and rural communities that have significant numbers of immigrants but are not located near a USCIS office. Services under this pilot program will include biometrics collection, interviews for applications or petitions, informational appointments, and general presentations on immigration benefits.

USCIS also has begun live question-and-answer sessions on Twitter with USCIS experts answering non-case-specific questions.

The Department of Homeland Security’s Office of Immigration Statistics estimates that 8.8 million permanent residents (green card holders) are eligible to apply for citizenship. A recent analysis showed that the median time spent as a permanent resident before becoming a U.S. citizen was seven years. USCIS noted that green card holders who meet all eligibility requirements may apply for citizenship after five years, or after three years if they are married to a U.S. citizen.

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4. ABIL Global: Netherlands

The Dutch government introduced the Startup Visa in 2015; requirements and early experiences are discussed.

On January 1, 2015, the Dutch government introduced a residence permit scheme for start-up companies. What are the requirements and what are the first experiences with this new permit scheme?

General

The Dutch government is keen on enhancing the ecosystem for startup companies with the goal of becoming a top-three startup hub within Europe. One of the instruments is a facilitated residence permit scheme for the owners of startup companies.

The general scheme for entrepreneurs has proven inadequate to accommodate the visa and residence needs of this category of businesses, mainly because of too-severe requirements in terms of capital demands and (forecasted) financial results. For startup companies, these demands often are hard to meet. A specific visa has been introduced where these demands don’t apply. The “startup visa” can be issued to the owners of startup companies that have been selected by, and have signed a contract with, a Dutch facilitator; i.e., a company that offers professional support for setting up and growing startup businesses.

Requirements

To sponsor a startup visa application, the facilitator must prove its expertise and reliability. This is assessed by the Ministry of Economic Affairs (MEA) upon request of the Immigration and Naturalization Service (IND). The main requirements are a proven track record of accompanying startups for at least two years, and a solid financial position.

The applying startup entrepreneur must substantiate that the product or service that is being developed is innovative, and that he or she will likely qualify for a permit based on the general points system within one year. This aspect is also assessed by MEA. The startup must provide a detailed milestone plan that includes:

• the role the applicant fulfills in the startup;
• the concept of the product or service the startup will deliver;
• the innovativeness of the product or service; and
• the milestones that need to be reached throughout the first year to take the startup from a mere concept to an actual undertaking.

The contract between the startup and the facilitator must describe:

• the nature of the accompaniment and advice from the facilitator;
• the conditions under which the accompaniment is offered; and
• the stake that the facilitator has in the startup, if any.

Other Aspects

The startup visa is granted for one year and cannot be renewed. All persons participating in the startup company (e.g., as shareholders) are eligible for startup visas.

The anticipated total processing time is approximately four weeks. The first application was made on January 1, 2015, and was granted within five weeks. During that time, first the facilitator’s track record was approved, and subsequently the innovativeness of the startup was assessed. In essence, both the MEA and the IND proved to be able to move very fast under this scheme.

Results So Far

Since the introduction of the scheme, about 10 permits have been granted, and about 50 applications are still pending or have been denied. Although this could relate to “startup” problems and is not necessarily a reflection on the new scheme, the government’s special envoy for the improvement of the startup ecosystem, Neelie Kroes, has reportedly said that the number of visas granted should have been much higher by now, and that the new scheme is “a failure.”

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5. New Publications and Items of Interest

The 2015 edition of the Global Business Immigration Practice Guide has just been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

• Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
• Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
• Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

• An overview of the immigration law requirements and procedures for over 20 countries;
• Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
• A general overview of the appropriate options for a particular employee; and
• Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

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

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6. ABIL Member/Firm News

On September 17, 2015, more than 100 real estate developers, EB-5 regional centers, and other members of the EB-5 community attended Klasko Immigration Law Partners’ full-day seminar, “The Successful EB-5 Project: Development, Marketing and Compliance.” The seminar was held exclusively for EB-5 regional centers and developers interested in working with EB-5 financing. Speakers covered the entire EB-5 process, from the decision whether to include EB-5 in the capital stack to the last investor’s condition removal, and provided attendees with information to help navigate this complex and evolving program. H. Ronald Klasko said, “We hosted our second EB-5 seminar this year because we couldn’t accommodate everyone on the waiting list for our February seminar. Given the very favorable reaction of our clients and the EB-5 community, we intend to make this a regular event.”

Mark Ivener spoke on September 18, 2015, on the “EB-5 Green Card Program” at International Trade: Global Flows and the Digital Age, 4th Annual California Asian Business Summit, CalAsian Chamber of Commerce, Hilton OC Costa Mesa, California.

Robert Loughran will present on October 22, 2015, on “USCIS Policy Trends: An In-Depth Look at What’s Driving EB-5 Adjudication & Administration” at the IIUSA 5th Annual EB-5 Market Exchange in Dallas, Texas. The conference is the largest gathering of EB-5 professionals annually with over 500 attendees from around the world.

Mr. Loughran, who recently returned from Iraq, published an article in the September 2015 newsletter of the bilateral U.S.-Arab Chamber of Commerce. The article outlines the immigration challenges facing U.S. firms staffing projects in Iraq.

Mr. Loughran spoke at a U.S. Commerce Department-hosted event in Oslo, Norway, on September 14, 2015. The presentation focused on immigration options for individuals investing in the United States. He also spoke at a Chamber of Commerce & Industry of Southern Sweden event in Malmö, Sweden, on the same topic the next day.

Cyrus Mehta has authored several new blog entries. “It’s Déjà Vu All Over Again: State Department Moves Many Filing Dates Back From Previously Released October 2015 Bulletin” “Sophie Cruz and Pope Francis: Shattering Myths About Immigrants”

Lynn Susser will speak on October 15, 2015, at 2 p.m. on “Preparing for Client Travel Issues—CBP and Consulates,” an American Immigration Lawyers Association Webinar. FOR MORE INFORMATION OR TO REGISTER

Stephen Yale-Loehr was quoted in The Atlantic in “Should Congress Let Wealthy Foreigners Buy Green Cards?“, published on September 21, 2015. Mr. Yale-Loehr noted that “[t]here have been some rare but highly publicized failures in the EB-5 program.” He also said, among other things, that most wealthy foreigners who want to come to the United States “are doing it because they want the green card and it’s the fastest or best way to get a green card.”

Mr. Yale-Loehr was quoted in Fusion in “Deaf Mexican Immigrants Are Declaring Asylum in the U.S.—And Winning,” published on September 28, 2015. He said applying for asylum because of deafness was a unique and “creative interpretation” of the law. He noted that historically, people applying for asylum have a less than 50% chance of obtaining it, so the success of deaf immigrants so far is striking. “It’s sort of like granting asylum to gay[s] and lesbians and other persecuted minorities. The mere fact that these people have gone through the asylum gauntlet successfully means that they were able to prove that they have a real fear of persecution.”

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7. Government Agency Links

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

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs