Headlines:

1. Expanded DACA Starts February 18, USCIS Updates FAQ – Expanded DACA extends the deferred action period and employment authorization to three years from two years, and allows those to be considered for DACA if they meet certain conditions.

2. H-2B Cap Reached for First Half of FY 2015 – USCIS said that it is rejecting new cap-subject H-2B petitions received after January 26 and that request an employment start date before April 1.

3. Nebraska Joins E-Verify RIDE Program – The RIDE program allows E-Verify to validate the authenticity of driver’s licenses and state identification cards that employees present as identity documents for employment eligibility verification.

4. ABIL Submits Immigration Reform Proposals to USCIS – ABIL submitted comments on immigration policy to the U.S. Departments of State and Homeland Security in response to a Federal Register notice. ABIL included proposals on modernizing the U.S. immigrant and nonimmigrant visa system, including proposals for a right to counsel in person or electronically whenever an individual is interviewed by federal immigration authorities.

5. ABIL Pro Bono: Miller Mayer – Miller Mayer is helping a Cornell University student group aid Iraqi refugees, including many military translators, in resettling and applying for visas to the United States.

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

7. ABIL Member/Firm News – ABIL Member/Firm News

8. Government Agency Links – Government Agency Links

Details:

1. Expanded DACA Starts February 18, USCIS Updates FAQ

On February 11, 2015, U.S. Citizenship and Immigration Services (USCIS) updated its frequently asked questions (FAQ) to include information on expanded Deferred Action for Childhood Arrivals (DACA), effective February 18, 2015.

Expanded DACA extends the deferred action period and employment authorization to three years from two years, and allows those to be considered for DACA if they:

• Entered the United States before the age of 16;
• Have lived in the United States continuously since at least January 1, 2010 (rather than the previous requirement of June 15, 2007);
• Are of any age (removes the requirement to have been born since June 15, 1981); and
• Meet all other DACA guidelines.

USCIS noted that on February 18, 2015, the agency will begin accepting a new version of Form I-821D. USCIS will accept the edition dated 6/04/14 until April 20, 2015. After April 20, 2015, USCIS will accept only the new Form I-821D. The new version is very similar to the previous version of the I-821D, but has been revised to reflect the expanded DACA guidelines. Although USCIS will not accept requests for DACA under the new guidelines until February 18, USCIS suggested that individuals can begin to prepare their requests by gathering relevant evidence.

FEBRUARY 11 FAQ

I-821D FORM

LOCKBOX FILING TIPS

On November 20, 2014, President Obama also announced that, within six months, USCIS would begin accepting requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Persons may be considered for DAPA if they:

• Have lived in the United States continuously since January 1, 2010, up to the present time;
• Were physically present in the United States on November 20, 2014, and at the time of requesting consideration for DAPA with USCIS;
• Had no lawful status on November 20, 2014;
• Had, on November 20, 2014, a son or daughter, of any age or marital status, who is a U.S. citizen or lawful permanent resident; and
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors; do not otherwise pose a threat to national security; and are not an enforcement priority for removal.

INFORMATION ON DAPA

INFORMATION ON RECENT EXECUTIVE ACTIONS ON IMMIGRATION

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2. H-2B Cap Reached for First Half of FY 2015

USCIS has received a sufficient number of petitions to reach the congressionally mandated limit, or cap, of 33,000 on the total number of foreign nationals who may seek a visa or otherwise obtain H-2B status (nonagricultural temporary workers) for the first half of fiscal year (FY) 2015. January 26, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2015.

USCIS said that it is rejecting new cap-subject H-2B petitions received after January 26 and that request an employment start date before April 1. No cap numbers from the first half of FY 2015 will be available in the second half of FY 2015, which begins on April 1, 2015. The cap is 33,000 for the second half also.

USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap.

MORE INFORMATION ON CAP COUNT FOR H-2B NONIMMIGRANTS

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3. Nebraska Joins E-Verify RIDE Program

On February 1, 2015, Nebraska became the latest state to join E-Verify’s Records and Information from DMVs (RIDE) program. The other participating states are Mississippi, Florida, Idaho, and Iowa. RIDE links E-Verify with state departments of motor vehicles and state public safety offices. The program allows E-Verify to validate the authenticity of driver’s licenses and state identification cards that employees present as identity documents for Form I-9, Employment Eligibility Verification.

U.S. Citizenship and Immigration Services notes that driver’s licenses and ID cards account for nearly 80 percent of the documents used as proof of identity by employees for E-Verify.

FACT SHEETS ON STATE PROGRAMS The fact sheets include descriptions and images showing typical examples of driver’s licenses in each participating state.

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4. ABIL Submits Immigration Reform Proposals to USCIS

The Alliance of Business Immigration Lawyers (ABIL) submitted comments on immigration policy on January 29, 2015, to the U.S. Departments of State (DOS) and Homeland Security (DHS). The comments, which respond to a notice published in 79 Fed. Reg. 78458 (Dec. 30, 2014), included proposals on modernizing the U.S. immigrant and nonimmigrant visa system.

ABIL proposed several general administrative reforms to reduce the complexity of the immigration system, promote program integrity and transparency, and stem fraud and abuse, including:

• creating a single administrative tribunal for all immigration appeals, to harmonize and reconcile the “crazy quilt” of immigration legal interpretations issued by various administrative tribunals;
• expanding access to legal counsel whenever an individual is interviewed by federal immigration authorities;
• eliminating the systemic penalties and consequences of regulations that chill the right of administrative and judicial appeal;
• adopting an expansive definition of immigration successorship in interest;
• creating an agency to support and protect the economic benefits of immigration within the Department of Commerce or another cabinet department;
• creating explicit immigration protections and benefits for small businesses;
• establishing an IRS-style “private-letter-ruling” procedure for immigration stakeholders;
• developing a streamlined, fast-track process for immigration guidance; and
• deferring I-9 and IRCA enforcement when employees intend to file for DACA or DAPA.

ABIL also addressed various questions DOS and DHS posed. In response to a query about the most important policy and operational changes that would streamline and improve the processing of visas at U.S. embassies and consulates, ABIL recommended expanding the I-601 provisional waiver program and allowing consular reviewability on a pilot basis for immigrant visas and specific employment-based nonimmigrant visa categories, and expanding the nonimmigrant visa reissuance program. To streamline and improve USCIS processing of visa petitions, ABIL recommended clarifying L-1B adjudications; establishing more predictability in E-2 adjudications; granting work authorization to more nonimmigrant spouses; extending the H-1B cap gap fix to J-1 exchange visitors; and allocating national interest waiver green cards to qualifying regions to stimulate the U.S. economy.

Among other things, DOS and DHS also asked what policy and operational changes would attract the world’s most talented entrepreneurs who want to start and grow businesses in the United States. ABIL recommended that DHS partner with states that wish to attract talented entrepreneurs from overseas. ABIL noted, for example, that Massachusetts has launched a “Global Entrepreneur in Residence” (GEIR) program. The GEIR facilitates partnerships with institutions of higher education to provide part-time work opportunities to foreign graduates who are entrepreneurs and want to grow their companies but cannot remain in the United States due to the H-1B visa cap. A university, as a cap-exempt employer, can sponsor a foreign national who will not be counted toward the numerical limitations. Nonprofit affiliates to institutions of higher education can also qualify as cap-exempt employers.

ABIL also suggested that USCIS make the H-1B visa process easier for entrepreneurs who have founded their own startups. Instead of requiring separate ownership and control over the entrepreneur, which may require an entrepreneur “who has given sweat and tears in organizing a startup…to cede all control in exchange for the H-1B visa,” USCIS should follow decisions that recognize the separate existence of a corporation as a distinct legal entity. As such, a corporation, even if it is owned and operated by a single person, may hire that person, and the parties will be in an employer-employee relationship.

ABIL’s recommendations on the EB-5 immigrant investor visa process included reducing processing times for EB-5 project applications; expediting I-526 processing for investors in an approved project; processing all I-526s in the same project together; implementing a separate processing queue for investors subject to quota retrogression; and having a separate processing line for direct EB-5 investors.

Finally, ABIL recommended substantially revamping the information technology infrastructure used for immigration benefits, including achieving interoperability of separate online databases maintained by disparate federal immigration agencies. ABIL also said that all electronic forms should include data fields that allow unlimited entry of text, since many questions cannot be answered fully with just “yes” or “no.”

ABIL COMMENTS, which contain additional recommendations and details.

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5. ABIL Pro Bono: Miller Mayer

Miller Mayer is helping a Cornell student group aid Iraqi refugees, including many military translators, in resettling and applying for visas to the United States.

Miller Mayer has been aiding the Cornell chapter of the Iraqi Refugee Assistance Project (IRAP) to expand its reach. IRAP is run by students and helps Middle East refugees resettle in the United States and other countries. Immigration attorneys help IRAP members to research legal issues, file visa applications, and appeal denied applications. Most of the refugees helped are Iraqi and Afghan military interpreters and translators working with U.S. and Coalition Forces. With the assistance of Alliance of Business Immigration Attorneys member and co-founder Stephen Yale-Loehr, Miller Mayer’s work has enabled IRAP to add clients and thus enlarge its mission.

ARTICLE about IRAP’s work and Miller Mayer’s assistance.

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6. New Publications and Items of Interest

USCIS Ombudsman teleconference on employment-based immigration. U.S. Citizenship and Immigration Services’ (USCIS) Ombudsman’s office will hold a teleconference on February 19, 2015, from 2 to 3 pm, on H-1B and H-2 temporary workers and the role of USCIS, the Department of Labor, and the Department of State during the highly compressed time frames required by these petitions. Ombudsman Maria Odom will lead the discussion. Q&A will follow the presentation. To register, send an e-mail with “Employment-Based Programs” in the subject line by February 16 to [email protected]. Teleconference call-in information will be provided upon RSVP.

State challenges to federal enforcement of immigration law. The Congressional Research Service has published “State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation.” The report notes, among other things, that many states’ constitutional and statutory claims challenging the federal government on immigration matters have failed in the past. Some of the reasons for failure have included the claims’ having involved nonjusticiable “political questions” or that the actions in question were committed to agency discretion by law and thus not reviewable by the courts. The report also describes the challenge brought by over 20 states in 2014 to the recently announced expansion of DACA. The report concludes by exploring how the pending litigation resembles, and differs from, the prior litigation.

E-Verify for executives webinar. USCIS will hold a webinar for executives on February 25, 2015, at 2 pm ET, addressing high-level questions about E-Verify. MORE INFORMATION TO REGISTER

More languages for E-Verify employee rights video. USCIS and the Department of Homeland Security’s Office for Civil Rights and Civil Liberties have updated the E-Verify “Employee Rights and Responsibilities” video with closed captioning in six additional languages: Chinese (traditional), French, Korean, Russian, Tagalog, and Vietnamese (click on the video link, then “CC” at the bottom to reveal the captions). VIDEO (click on “Video: Employee Rights and Responsibilities”), VIDEO (click on the language and then the video link), and VIDEO.

E-Verify employee rights webinar. USCIS will hold an Employment Eligibility Verification Employee Rights Webinar on February 26, 2015, at 1 pm ET (English) or February 18, 2015, at 3 pm (Spanish). TO REGISTER (English) TO REGISTER (Spanish)

Educational video for employers about Salvadoran TPS. The U.S. Department of Justice recently launched an educational video reminding employers that Salvadorans with temporary protected status (TPS) may continue working beyond the March 9, 2015, expiration date of their employment authorization documents. The video also cautions employers that requesting additional documents from these workers may violate anti-discrimination law. The announcement of the video includes additional details.

EB-5 stakeholders call on source-of-funds RFEs. USCIS will hold an EB-5 stakeholders call on source-of-funds requests for evidence (RFEs) on February 26, 2015, from 1 to 2:15 pm ET. The topic will be lawful sources of funds used for capital investment in the EB-5 program. USCIS will discuss common reasons why petitioners receive RFEs and types of evidence that are helpful to submit. Participants will have the opportunity to share their experiences in demonstrating a lawful source of funds for capital investment. MEETING NOTICE TO REGISTER. If you have any questions about participating, or if you do not receive a confirmation email within two business days after registering, email [email protected].

The latest edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers 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 a chapter on Singapore. 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, 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 $299, but discounts are available. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584; or go to the Lexis/Nexis website.

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

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7. ABIL Member/Firm News

Robert F. Loughran presented Executive Actions on Immigration on February 4, 2015, as part of the Greater Houston Partnership’s Continuing Education Series. MORE INFORMATION

Cyrus Mehta has co-authored several new blog entries. “Who is ‘Lawfully Present’ Under the Affordable Care Act?” “Myth or Reality: Is the DHS Truly Serious About Visa Modernization for the 21st Century?”

Mr. Mehta was interviewed on BBC World News about President Obama’s executive actions on immigration.

Angelo Paparelli has published a new blog entry on crowd-sourcing in immigration, “Immigration on a Clean Slate: Game-Changing Proposals on Visa Modernization”

Stephen Yale-Loehr was quoted in The New Indian Express on February 15, 2015, in an article about green cards and the diversity visa lottery, “The Green Signal for a New Life in the Land of Opportunity.” Mr. Yale-Loehr said, “A lottery is not a good way to organize an immigration system. It doesn’t strengthen family bonds, it is not conducive to our economic interests and it doesn’t rescue any refugees. Congress should abolish the program.”

Mr. Yale-Loehr recently authored “What EB-5 Investors Need To Know About the CSPA,” which was published in Bender’s Immigration Bulletin, available by subscription to LexisNexis.

Mr. Yale-Loehr and H. Ronald Klasko will speak at an EB-5 Innovation Summit on February 24, 2015, in New York City sponsored by NES Financial. FOR MORE INFORMATION OR TO REGISTER.

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8. Government Agency Links

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

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. State Dept. Anticipates Visa Number Movement in Some Employment-Based Categories – Forward movement is possible in some employment-based categories in the coming months.

2. USCIS Revises Petition for a Nonimmigrant Worker – Starting on May 1, 2015, USCIS will accept only the October 23, 2014, edition of the I-129.

3. Agencies Launch Awareness Campaign on Executive Actions for Mexicans and Central Americans – The campaign explains how Deferred Action for Parents of Americans and Lawful Permanent Residents will be implemented and who is eligible.

4. DHS Extends TPS for Salvadorans – Temporary protected status (TPS) has been extended for eligible nationals of El Salvador through September 9, 2016.

5. DHS Extends, Redesignates TPS for Syrians – Syria has been redesignated for TPS, and the existing TPS designation for that country has been extended through September 30, 2016.

6. State Dept. Revises Reciprocity Schedules for Several Countries – In recent months, the Department of State has revised visa reciprocity schedules for Armenia, Brazil, Albania, and China, among others.

7. State Dept.’s NVC Is Now Handling All Domestic Visa Inquiries – The National Visa Center (NVC) has begun handling all domestic email and telephone inquiries from the public on nonimmigrant and immigrant visa cases.

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

9. Member News – Member News

10. Government Agency Links – Government Agency Links

Details:

1. State Dept. Anticipates Visa Number Movement in Some Employment-Based Categories

The Department of State’s Visa Bulletin for February 2015 notes that movement is possible in some employment-based categories in the coming months.

In the employment-based “Worldwide” third preference category, the Visa Office expects rapid forward movement “for at least another month or two.” The bulletin notes that rapid movement in recent months is expected to generate a significant amount of demand for numbers. “Once such demand materializes at the anticipated rate, it will have a direct impact on this cut-off date,” which stands in February at January 1, 2014.

Similarly, the Visa Office expects rapid forward movement in the employment-based third preference category for China. “Such movement is likely to result in a dramatic increase in demand which could require ‘corrective’ action within the next six months,” the bulletin notes. India may move by up to two weeks. On the other hand, Mexico and the Philippines will remain at the Worldwide date, although increased demand in the latter could require “corrective” action at some point later in the fiscal year, the bulletin states.

The bulletin notes that the determination of the monthly cut-off dates is subject to monthly fluctuations in applicant demand and a number of other variables, so trends and estimates are not guaranteed.

FEBRUARY 2015 VISA BULLETIN

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2. USCIS Revises Petition for a Nonimmigrant Worker

U.S. Citizenship and Immigration Services (USCIS) has revised Form I-129, Petition for a Nonimmigrant Worker. The revised Form I-129 is labeled with an October 23, 2014, edition date. It expires on October 31, 2016.

Starting on May 1, 2015, USCIS will accept only the October 23, 2014, edition of the I-129. USCIS will not accept previous editions of the I-129 on or after May 1, 2015.

Among other things, the revised form includes a question on the H classification supplement that asks, “Does any beneficiary in this petition have ownership interest in the petitioning organization?”

DETAILS AND LINK TO THE FORM

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3. Agencies Launch Awareness Campaign on Executive Actions for Mexicans and Central Americans

The Departments of State and Homeland Security have launched the “Executive Action on Immigration: Know the Facts” awareness campaign, a national and international outreach effort detailing the eligibility requirements for requesting deferred action under President Obama’s announcement in November 2014. The campaign, aimed at the Mexican and Central American public, explains how Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) will be implemented and who is eligible, “in an effort to dispel potential misinformation.”

The campaign, in collaboration with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS), is intended to:

• inform undocumented immigrants in the United States and the Mexican and Central American public about DAPA and to whom it applies;
• dissuade family members living in the United States from supporting the unauthorized migration of family members, including by emphasizing that persons currently in the United States who help undocumented family members enter the country will be barred from DAPA; and
• dissuade members of the Mexican and Central American public from migrating to the United States without authorization in the hope of taking advantage of executive actions that do not apply to them, including by reminding them that migrants apprehended at the border or ports of entry while attempting to unlawfully enter the United States fall into the United States’ “highest enforcement and removal priority.”

The campaign includes:

• running radio and TV public service announcements in El Salvador, Guatemala, Honduras, Mexico, and U.S. metropolitan areas with high concentrations of Mexicans and Central Americans, such as Houston, Los Angeles, the District of Columbia, New York, and Miami;
• placing print products in English and Spanish language outlets in those countries;
• engaging English and Spanish-language media in the United States, Mexico, and Central America;
• providing more information on executive action eligibility on CBP’s and USCIS’ websites; and
• updating CBP’s Information Call Center help lines with the latest information in Spanish and English.

ANNOUNCEMENT

CAMPAIGN MATERIALS AND ADDITIONAL INFORMATION A social media campaign is also being planned.

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4. DHS Extends TPS for Salvadorans

Jeh Johnson, Secretary of Homeland Security, has extended temporary protected status (TPS) for eligible nationals of El Salvador for an additional 18 months, effective March 10, 2015, through September 9, 2016.

Current TPS El Salvador beneficiaries seeking to extend their TPS must re-register during the 60-day re-registration period that began on January 7, 2015, and runs through March 9, 2015. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible.

The 18-month extension also allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible TPS El Salvador beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of September 9, 2016. USCIS recognizes that some re-registrants may not receive their new EADs until after their current ones expire. Therefore, USCIS is automatically extending current TPS El Salvador EADs that have a March 9, 2015, expiration date for an additional six months. These existing EADs will now be valid through September 9, 2015.

To re-register, current TPS beneficiaries must submit:

• Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the Form I-821 application fee).
• The biometrics services fee (or a fee waiver request) if they are 14 years old or older.
• Form I-765, Application for Employment Authorization, regardless of whether they want a new EAD.
• The Form I-765 application fee or a fee waiver request, but only if they want an EAD. If the re-registrant does not want an EAD, no application fee is required.

Applicants may ask USCIS to waive the I-765 application fee or biometrics fee based on an inability to pay. To do so, applicants must file Form I-912, Request for Fee Waiver, or submit a written request. Fee waiver requests must be accompanied by supporting documentation. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee waiver request.

Additional information about TPS for El Salvador—including guidance on eligibility, the application process, and where to file—is available online.

Further details about the extension of TPS for El Salvador, including application requirements and procedures, were published in the Federal Register on January 7, 2015.

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5. DHS Extends, Redesignates TPS for Syrians

Jeh Johnson, Secretary of Homeland Security, has redesignated Syria for temporary protected status (TPS) and extended the existing TPS designation for that country from April 1, 2015, through September 30, 2016.

Current TPS beneficiaries from Syria must re-register during a 60-day re-registration period that began on January 5, 2015, and runs through March 6, 2015. Syrian nationals and person without nationality who last habitually resided in Syria, who don’t have TPS and who have continuously resided in the United States since January 5, 2015, and who have been continuously physically present in the United States since April 1, 2015, may apply for TPS during a 180-day initial registration period that began on January 5, 2015, and runs through July 6, 2015.

U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible. The 18-month extension allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Syria TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of September 30, 2016. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS Syria EADs with a March 31, 2015, expiration date for an additional six months. These existing EADs are now valid through September 30, 2015.

To re-register, individuals must submit:

• Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the Form I-821 application fee).
• The biometric services fee (or a fee-waiver request) if they are 14 years old or older.
• Form I-765, Application for Employment Authorization, regardless of whether they want a new EAD.
• The Form I-765 application fee or a fee waiver request, but only if they want an EAD. If the re-registrant does not want an EAD, no application fee is required.

Eligible Syrian nationals (and persons having no nationality who last habitually resided in Syria) who do not currently have TPS may apply for TPS if they meet the continuous physical presence requirements noted above. In addition, applicants must meet all other TPS eligibility and filing requirements.

To apply for the first time, individuals must submit:

• Form I-821, Application for Temporary Protected Status.
• The Form I-821 application fee.
• Form I-765, Application for Employment Authorization, regardless of whether they want a new EAD.
• The Form I-765 application fee, but only if they want an EAD and are 14 to 65 years old (those who are under age 14 or are age 66 or older do not need to pay the I-765 fee with their initial TPS applications).
• The biometric services fee if they are age 14 or older.

Those who still have a pending initial Syria TPS application do not need to submit a new I-821. However, if such individuals currently have a TPS-related EAD and want a new EAD, they must submit the I-765 with application fee, regardless of their age, and a copy of the receipt notice for the initial I-821 that is still pending.

DHS anticipates that approximately 5,000 individuals will be eligible to re-register for TPS under the existing designation of Syria and that approximately 5,000 additional individuals may be eligible for TPS under the redesignation.

Applicants may ask USCIS to waive any fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee waiver requests must be accompanied by supporting documentation. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee waiver request.

MORE INFORMATION

RELATED FEDERAL REGISTER NOTICE

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6. State Dept. Revises Reciprocity Schedules for Several Countries

In recent months, the Department of State has revised visa reciprocity schedules for Armenia, Brazil, Albania, and China, among others.

For temporary visitors (nonimmigrants) to the United States, reciprocity tables show applicable visa issuance fees by country and by visa classification type, and the maximum period of visa validity and number of applications, or entries, that may be authorized.

LATEST UPDATES

RECIPROCITY TABLES BY COUNTRY

ADDITIONAL UPDATES

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7. State Dept.’s NVC Is Now Handling All Domestic Visa Inquiries

The Department of State’s Visa Office has established one point of contact for all domestic inquiries regarding nonimmigrant and immigrant visa cases. The National Visa Center (NVC) has begun handling all domestic email and telephone inquiries from the public on nonimmigrant and immigrant visa cases as of January 12, 2015.

NOTICE

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8. New Publications and Items of Interest

Conference call on PERM. On Thursday, January 22, 2015, from 4:30 pm until 5:30 pm EST, the Department of Labor (DOL) will host a stakeholder listening session on the Permanent Labor Certification Program (PERM) via conference call. DOL’s Deputy Chief of Staff, Seema Nanda, and Assistant Secretary for Employment and Training, Portia Wu, will lead the session. The agency is interested in “beginning a dialogue and receiving feedback” about the PERM program’s role in employment-based immigration, its current regulatory framework, and any general areas of concern to the stakeholder community.

To participate in the listening session, register by January 19, 2015. If you have questions, email DOL’s Office of Public Engagement at [email protected].

E-Verify updates on Twitter. Twitter.com/EVerify is a new official source of Form I-9, E-Verify, myE-Verify, Self Check, and other employment eligibility verification information. Featured information includes Form I-9 changes, news about the Self Lock expansion, E-Verify enhancements, and employee rights resources. The Twitter news updates are for employers, human resources professionals, workers, and worker advocates.

CIA assessment on surviving secondary inspection while maintaining cover. Wikileaks has released a document produced by the U.S. Central Intelligence Agency’s (CIA’s) CHECKPOINT Identity and Travel Intelligence Program to advise CIA operatives on how to deal with secondary screening at airports, as they travel to and from covert CIA operations using false identification, including into and out of Europe. The document details specific examples of operatives being stopped under secondary screening at various airports around the world; how and why the person was stopped; and advice on how to deal with such circumstances and minimize the risks if stopped to continue maintaining cover. The document was created for distribution within the CIA and to other officials who hold appropriate clearances at executive branch departments and agencies of the U.S. government. Although created for CIA operatives, the document is useful for anyone going through secondary inspection.

Revamped USCIS careers website. USCIS has redesigned http://www.uscis.gov/careers. The website is for job seekers wanting to learn about vacancies, special hiring programs, benefits, career development opportunities, and the hiring process. A new “Life at USCIS” section features first-person perspectives of employees across the agency. This section will rotate profiles to highlight the variety of positions and backgrounds of USCIS personnel and the skills the agency seeks.

ANNOUNCEMENT

USCIS page on Obama executive actions. Two fliers on President Obama’s executive actions on immigration are now available on http://www.uscis.gov/immigrationaction. USCIS encourages stakeholders to use these fliers when communicating with the public about these actions. The fliers explain:

• The importance of avoiding scams and not submitting requests until the new initiatives are available.
• Eligibility requirements for the expanded Deferred Action for Childhood Arrivals (DACA) and the new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).

The fliers are available in English, Spanish, Korean, and Vietnamese. A Chinese version will be available soon. The page also includes other related information and links.

The latest edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers 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 a chapter on Singapore. 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, 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 $299, but discounts are available. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584; or go to the Lexis/Nexis website.

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

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9. Member News

Robert Loughran presented “Employment Authorization Hot Issues: ICE Subpoenas, Discrimination Claims, Form I-9, and E-Verify” to the South Texas Human Resources Symposium on Thursday, January 15, 2015, in San Antonio, Texas.

Cyrus Mehta has co-authored a new blog entry. “The Laboratories of Democracy: State Initiative and Promotion of Immigration Reform”

Angelo Paparelli was featured in an article on LXBN, The Lexblog Network, “LXBN Leaders: Through Blogging, Angelo Paparelli Brings Passion and Personality to Immigration Law.”

Mr. Paparelli’s latest blog entry, “The Immigration Year in Review: The 2014 IMMI Awards”

Bernard Wolfsdorf will present a free webinar, “Worldwide Citizenship and Residency Options for Investors,” on Tuesday, January 20, 2015, from 12:30 to 1:45 pm (PST). This webinar will be presented with Henley & Partners. Topics include the latest developments in alternative citizenship and residency options for numerous countries and a comparison with United States investor options. FOR MORE INFORMATION OR TO REGISTER.

Stephen Yale-Loehr was quoted in the Dallas Morning News on December 30, 2014. He said that the EB-5 visa category can be a tricky funding mechanism because it incorporates immigration and securities law and overseas marketing. “It’s akin to a Rubik’s Cube. It’s very difficult, but if you can do it, then it works out very well for everyone involved.”

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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. States, Governors File Suit Against President’s Executive Actions on Immigration – The lawsuit singles out a directive on expanding deferred action for childhood arrivals for certain individuals who came to the United States as children and creating a new deferred action program for certain parents of U.S. citizens or permanent residents.

2. USCIS Reminds EB-5 Regional Centers of December 29 Deadline To File I-924As – USCIS reminded approved EB-5 regional centers with designation letters dated on or before September 30, 2014, that they must file Form I-924A for fiscal year 2014 by December 29, 2014.

3. DOL Discontinues H-2B Prevailing Wage Determinations Based on Employer-Provided Wage Surveys – DOL is no longer issuing prevailing wage determinations in the H-2B program based on employer-provided wage surveys, in response to a court order.

4. USDA Releases 2014 Farm Labor Survey, Used for H-2A Adverse Effect Wage Rates – Farm operators paid their hired workers an average wage of $12.12 per hour during the October 2014 reference week, up 1 percent from a year earlier.

5. New Publications and Items of Interes – New Publications and Items of Interes

6. Member News – Member News

7. Government Agency Links – Government Agency Links

Details:

1. States, Governors File Suit Against President’s Executive Actions on Immigration

Various states and four governors filed suit on December 3, 2014, challenging several of President Barack Obama’s recent executive actions on immigration, announced on November 20 and detailed in Department of Homeland Security (DHS) memoranda. The lawsuit singles out a DHS directive on expanding deferred action for childhood arrivals (DACA) for certain individuals who came to the United States as children and creating a new deferred action program for certain parents of U.S. citizens or permanent residents. The lawsuit claims that the directive constitutes a “unilateral suspension of the Nation’s immigration laws [that] is unlawful.”

The lawsuit contains numerous quotations from President Obama stating that he can’t change laws himself and needs Congress to pass immigration reform. The suit notes that later, however, he expanded DACA and said, “I just took an action to change the law.” White House spokeswoman Brandi Hoffine responded, “The Supreme Court and Congress have made clear that federal officials can set priorities in enforcing our immigration laws, and we are confident that the president’s executive actions are well within his legal authorities.”

Shortly after the mid-term elections in November 2014, President Barack Obama initiated various executive actions on immigration. The actions challenged in the lawsuit include:

• Expanding DACA to encompass a broader class of children. DACA eligibility had been limited to those who were under 31 years of age on June 15, 2012, who entered the United States before June 15, 2007, and who were under 16 years old when they entered. Under President Obama’s executive action, DACA eligibility is expanded to cover all undocumented immigrants who entered the United States before the age of 16, not just those born after June 15, 1981. The entry date is adjusted from June 15, 2007 to January 1, 2010. The relief (including work authorization) will now last for three years rather than two. MEMO EXPLAINING THIS ACTION
• Extending eligibility for deferred action to parents of U.S. citizens and lawful permanent residents. This new program, called Deferred Action for Parental Accountability (DAPA), includes individuals who (i) are not removal priorities under the new policy, (ii) have been in the United States at least five years, (iii) have children who on the date of the announcement (November 20, 2014) were U.S. citizens or lawful permanent residents, and (iv) present no other factors that would make a grant of deferred action inappropriate. These individuals will be assessed for eligibility for deferred action on a case-by-case basis. They may then apply for work authorization, provided they pay a fee. Each individual will undergo a background check of relevant national security and criminal databases, including DHS and FBI databases. MEMO EXPLAINING THIS ACTION

A letter transmitted by 136 law professors to the White House on November 20, 2014, and updated on November 25, supports President Obama’s legal authority to expand the DACA program and to establish the DAPA program.

FULL TEXT OF THE STATES/GOVERNORS LAWSUIT

The memoranda summarized above, along with the White House address announcing the actions and related USCIS and ICE info, are available HERE.

MODERNIZING & STREAMLINING THE U.S. VISA SYSTEM

ESTABLISHING A WHITE HOUSE TASKFORCE ON NEW AMERICANS

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2. USCIS Reminds EB-5 Regional Centers of December 29 Deadline To File I-924As

USCIS recently issued a reminder to all approved EB-5 regional centers with designation letters dated on or before September 30, 2014, that they must file Form I-924A, Supplement to Form I-924, for fiscal year 2014 by December 29, 2014.

If a regional center fails to file the I-924A, USCIS will issue a notice of intent to terminate participation in the EB-5 Immigrant Investor Program. If a regional center files an incomplete Form I-924A, USCIS may issue a notice of intent to terminate participation.

NOTICE

RELATED Q&A

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3. DOL Discontinues H-2B Prevailing Wage Determinations Based on Employer-Provided Wage Surveys

The Department of Labor’s Office of Foreign Labor Certification recently announced that effective December 8, 2014, the Department is no longer issuing prevailing wage determinations (PWDs) in the H-2B program based on employer-provided wage surveys. The Department took this action in response to a court order entered December 5, 2014, in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, No. 14-3557 (3d Cir.). The court’s order vacated a portion of the H-2B wage rule (20 CFR § 655.10(f)) and 2009 wage guidance permitting the use of such surveys.

The Department said that PWD requests pending with the National Prevailing Wage Center (NPC) that seek to use employer-provided surveys will be given the appropriate Occupational Employment Statistics (OES) wage for the occupation. Employers who wish to use a Service Contract Act or Davis Bacon Act wage determination, or a wage based on a collective bargaining agreement, may request redetermination under 20 CFR § 655.10(g). Employers whose prevailing wage determination was based on an employer provided-wage survey, but whose H-2B applications for temporary employment certification have not yet resulted in a final determination by the Chicago NPC, will be notified of their new wage obligation along with their certification letters.

NOTICE

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4. USDA Releases 2014 Farm Labor Survey, Used for H-2A Adverse Effect Wage Rates

The U.S. Department of Agriculture (USDA) recently issued the Farm Labor Survey (FLS) report establishing the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor relies on the average annual combined hourly wage for field and livestock workers to establish the Adverse Effect Wage Rates (AEWRs) in the H-2A agricultural worker program. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers similarly employed in the United States will not be adversely affected.

The Department said it is reviewing the USDA FLS average annual wage rates for 2014 and will soon publish a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state. At that time the rates will become immediately effective.

The FLS report notes that farm operators paid their hired workers an average wage of $12.12 per hour during the October 2014 reference week, up 1 percent from a year earlier. Field workers received an average of $11.52 per hour, up 1 percent from a year earlier. Livestock workers earned $11.29, up 3 percent. The field and livestock worker combined wage rate, at $11.46 per hour, was up 19 cents from October 2013. Hired laborers worked an average of 41.3 hours during the October 2014 reference week, compared with 41.7 hours a year earlier.

DEPARTMENT’S ANNOUNCEMENT

LATEST USDA FLS REPORT

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5. New Publications and Items of Interes

The latest edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers 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 a chapter on Singapore. 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, 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 $299, but discounts are available. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584; or go to the Lexis/Nexis website.

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

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6. Member News

Vince Lau was a panelist on an AILA National Webinar, “Recent BALCA Cases That May Impact Your Next PERM Application,” held on Thursday, December 11, 2014.

Robert Loughran spoke on November 14, 2014, on U.S. professional and investor visas at the UTSA Texas International Business Accelerator’s foreign investor event, “Invirtiendo en Texas.” The goal of the event was to educate potential foreign entrepreneurs on how to invest in a business in Texas.

Mr. Loughran appeared on Austin’s KVUE on November 21, 2014, to discuss the human side of the president’s executive action on immigration and what documents potential applicants should begin gathering.

Mr. Loughran was quoted in the Houston Chronicle on the procedural and substantive defects of the lawsuit filed by Texas Attorney General Greg Abbott against the president’s executive action on immigration.

Mr. Loughran spoke on November 7, 2014, on the immigration implications of “Global Tax Planning for Multi-National Families: Coming and Going!,” which focused on the income, estate, and gift tax implications (and planning opportunities) affecting U.S. and foreign persons who exit or enter the United States, at the Annual Meeting of the California Tax Bar and California Tax Policy Conference in Coronado, California.

Cyrus Mehta co-authored several new blog entries. “Let’s Hope That’s What It Really Means: Does Executive Initiative Really Provide For Early Adjustment of Status” “Justice, Justice Shall Thou Pursue: Why the Lawsuit Against the Immigration Accountability Executive Actions Is a Waste of Time and Money”

Angelo Paparelli has published a new blog post. “Worksite Harmony and the President’s Executive Actions: It’s All About Immigration Timing”

Stephen Yale-Loehr was quoted in an article in the New York Times, “Some of the Rich Collect Art. Others Collect Passports,” about wealthy investors shopping for visas or citizenship, which was published on December 13, 2014. “I think that after 24 years, it’s appropriate for Congress to consider adjusting that level [referring to the $500,000 minimum for an EB-5 immigrant investor green card].”

Mr. Yale-Loehr was quoted in the December 9, 2014, issue of Bloomberg Businessweek about the diversity green card lottery. According to Mr. Yale-Loehr, “[a] lottery is not a way to run an immigration system. It doesn’t strengthen family ties, promote our economic interests, or rescue refugees. Congress should abolish the program.”

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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

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

Headlines:

1. Following Midterm Elections, Obama Plans Executive Orders on Immigration – President Obama reportedly plans to order several immigration-related changes by the end of this year.

2. U.S., China Extend Short-Term, Business Visa Validity in Reciprocal Arrangement – On November 12, 2014, the United States began issuing visas in accordance with a new reciprocal arrangement with China.

3. Justice Dept. Settles Discrimination Cases in California and Georgia – The U.S. Department of Justice recently settled several immigration-related discrimination claims in California and Georgia.

4. USCIS Begins Transferring Some Casework From Vermont to California – Affected casework so far includes Form I-751, Petition to Remove the Conditions of Residence.

5. USCIS Launches myE-Verify for Employees – myE-Verify accounts and Self Lock will initially be accessible to individuals in Arizona, Idaho, Colorado, Mississippi, Virginia, and the District of Columbia. In future releases, USCIS will roll out myE-Verify across the country with additional features focused on employees and job seekers.

6. USCIS Naturalizes Service Members on Veterans Day – USCIS welcomed more than 3,000 new citizens at nearly 40 naturalization ceremonies taking place across the country from November 7 through 14, 2014. Since September 2002, USCIS has naturalized more than 102,000 service members.

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

8. Member News – Member News

9. Government Agency Links – Government Agency Links

Details:

1. Following Midterm Elections, Obama Plans Executive Orders on Immigration

According to reports, President Obama plans to order several immigration-related changes by the end of this year. The plans, not yet finalized, possibly include allowing certain parents of U.S. citizen or permanent resident children to stay in the United States. Other changes being considered include expanding the Deferred Action for Childhood Arrivals program, instituting protections for unauthorized farmworkers who have been working in the United States for years, expanding opportunities for immigrants with technology skills, and clarifying guidance on the prioritization of criminals and others for removal.

Shortly after the midterm elections on November 4, 2014, in which it did not appear that immigration issues were deciding factors, President Obama said, “Before the end of the year, we’re going to take whatever lawful actions that I can take that I believe will improve the functioning of our immigration system. What I’m not going to do is just wait.” President Obama has said he would reverse those executive orders if Congress passes a comprehensive immigration legislation that he can sign. Republicans countered that they would fight whatever changes the President orders “tooth and nail,” according to House Speaker John Boehner (R-Ohio). He said all options were on the table. Senate Majority Leader Mitch McConnell (R-Ky.) said that any unilateral executive actions on immigration would be like “waving a red flag in front of a bull.”

On the other side are immigration advocates who expect President Obama to keep earlier promises. Kevin Appleby, director of migration policy at the United States Conference of Catholic Bishops, said, “This is his last chance to make good on his promise to fix the system. If he delays again, the immigration activists would—just politically speaking—jump the White House fence.”

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2. U.S., China Extend Short-Term, Business Visa Validity in Reciprocal Arrangement

On November 12, 2014, the United States began issuing visas in accordance with a new reciprocal arrangement with China, the Department of State’s Bureau of Consular Affairs announced. Chinese applicants who qualify for a B nonimmigrant visa (NIV) may now be issued multiple-entry visas for up to 10 years for business and tourist travel. Qualified Chinese students and exchange visitors and their dependents who qualify for F, M, or J visas are now eligible for multiple-entry visas valid for up to five years or the length of their program. U.S. citizens eligible for Chinese short-term business and tourist visas should also receive multiple-entry visas valid for up to 10 years, while qualified U.S. students may receive student residence permits valid up to five years, depending on the length of their educational programs.

The Bureau noted that visa validity is not the same as the allowed duration of stay. A visa allows a foreign citizen to travel to a U.S. port of entry where a Customs and Border Protection officer will grant admission to valid travelers. In doing so, the officer will inform the traveler of the permitted length of stay. The current change in visa validity does not change the permitted duration of stay for any visa class.

The Bureau said it expects that these changes in visa validity “will be very popular among Chinese travelers. The U.S. Mission in China is taking steps to handle a potential increase in visa workload and intends to keep visa processing times as short as they have been over the past several years.”

There will be no change in visa application fees. The basic visa fee of $160 includes appointment scheduling and passport delivery services.

The United States and China continue to discuss visa validity for other classes of visas. All such decisions are made on a reciprocal basis. The Bureau noted that in FY 2014, business, tourist, student, and exchange visitor visas represented 97 percent of all nonimmigrant visa applications processed in China for Chinese citizens.

A related White House fact sheet notes that China is the fastest-growing outbound tourism market in the world. In 2013, 1.8 million Chinese travelers visited the United States, contributing $21.1 billion to the U.S. economy and supporting more than 109,000 American jobs. Chinese travelers consistently rank the United States as their most-desired travel destination, the fact sheet notes, yet less than 2 percent of total Chinese travelers come to the United States. Chinese travelers cite ease of visa policies as the second most important factor in deciding where to travel, behind only cost. “A competitive visa policy will help us meet projections that suggest as many as 7.3 million Chinese travelers will come to the United States by 2021, contributing nearly $85 billion a year to the economy and supporting up to 440,000 U.S. jobs,” the fact sheet states.

The White House fact sheet also notes that 28 percent of all foreign students and exchange visitors in the United States originate from China. Chinese students in the United States spent $8 billion in 2013, an increase of nearly 24 percent over the previous year.

ANNOUNCEMENT

RELATED FAQ

WHITE HOUSE FACT SHEET

REVISED RECIPROCITY SCHEDULE

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3. Justice Dept. Settles Discrimination Cases in California and Georgia

The U.S. Department of Justice (DOJ) recently settled several immigration-related discrimination claims in California and Georgia.

California case. DOJ reached an agreement with Serendipity Hearing Inc., doing business as Sonus Hearing Care (Sonus), a hearing services provider headquartered in the Los Angeles, California, metropolitan area. The agreement resolves a claim, filed with DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), that the company engaged in discriminatory documentary practices during the employment eligibility verification process.

OSC’s investigation found that Sonus required the complainant, a lawful permanent resident (LPR) it had hired, to produce a new employment eligibility document when her permanent resident card expired, even though the Form I-9 and E-Verify rules prohibit this practice because LPRs have permanent work authorization in the United States after their permanent resident cards expire. When the complainant failed to present her new permanent resident card, Sonus terminated her. OSC noted that the Immigration and Nationality Act’s antidiscrimination provision prohibits employers from making additional and unauthorized documentary demands based on citizenship status or national origin when verifying or re-verifying an employee’s employment eligibility.

Under the settlement agreement, Sonus will pay $16,727 in back pay to the complainant and $400 in civil penalties to the United States, undergo training on the INA’s antidiscrimination provision, revise its employment eligibility re-verification policies, and be subject to monitoring of its employment eligibility verification practices.

Georgia case. DOJ reached an agreement with Constructor Services Inc. (CSI), a construction company headquartered in the Atlanta, Georgia, metropolitan area. The agreement resolves a claim that the company engaged in discriminatory documentary practices during the employment eligibility verification process.

DOJ’s investigation found that CSI required non-U.S. citizens, but not similarly situated U.S. citizens, to produce specific documentary proof of their immigration status for the purpose of verifying their employment eligibility. “Employers must make sure that they are not erecting unlawful discriminatory barriers in their employment eligibility verification policies and practices,” said Molly Moran, Acting Assistant Attorney General for the Civil Rights Division.

Under the settlement agreement, CSI will pay $18,000 in civil penalties to the United States, undergo training on the INA’s antidiscrimination provision, revise its employment eligibility reverification policies, and be subject to monitoring of its employment eligibility verification practices for 24 months.

CALIFORNIA CASE ANNOUNCEMENT

GEORGIA CASE ANNOUNCEMENT

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4. USCIS Begins Transferring Some Casework From Vermont to California

U.S. Citizenship and Immigration Services (USCIS) recently began transferring some casework from the Vermont Service Center to the California Service Center to balance workloads. Affected casework so far includes Form I-751, Petition to Remove the Conditions of Residence, for certain marriage-related green card cases.

USCIS will send transfer notices to those affected. The original receipt number will not change and the transfer will not delay processing, USCIS said. The words “Case Type: CRI89 Approved Removal of Conditions” will be printed on the transfer notices. USCIS said that the notice may not contain the receipt number of the pending I-751. Those receiving any notice should respond to the service center that sent them the notice.

Those who do not receive a decision within the published processing time for the California Service Center may submit an inquiry using e-Request or call the National Customer Service Center at 1-800-375-5283. For TDD (hearing-impaired) assistance, please call 1-800-767-1833.

ANNOUNCEMENT

PUBLISHED PROCESSING TIMES

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5. USCIS Launches myE-Verify for Employees

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez recently announced the launch of myE-Verify, a new website designed for employees. myE-Verify is a “one-stop shop” for employees to create and maintain secure personal accounts and access new features for identity protection, USCIS said.

myE-Verify includes Self Check and the Employee Rights Toolkit, among other things. Users will have their identities verified through Self Check when creating myE-Verify accounts. myE-Verify introduces the following new services:

• myE-Verify accounts – Allows employees and job seekers to set up free and secure personal accounts to manage the use of their information in E-Verify and Self Check through the available myE-Verify features.
• Self Lock – Allows individuals to lock their social security numbers to prevent unauthorized or fraudulent use within E-Verify. Self Lock is available only to myE-Verify account holders.
• myResources – A section of the myE-Verify site that contains information in multi-media formats to educate employees about their rights as well as the responsibilities of employers in the employment eligibility verification process.

myE-Verify accounts and Self Lock will initially be accessible to individuals in Arizona, Idaho, Colorado, Mississippi, Virginia, and the District of Columbia. In future releases, USCIS will roll out myE-Verify across the country with additional features focused on employees and job seekers.

E-Verify is used by nearly 550,000 employers to verify the employment eligibility of persons they hire.

ANNOUNCEMENT

INFORMATION ON E-VERIFY

MYEVERIFY PAGE

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6. USCIS Naturalizes Service Members on Veterans Day

U.S. Citizenship and Immigration Services (USCIS) highlighted service members, military spouses, and veterans taking the Oath of Allegiance to become U.S. citizens at naturalization ceremonies in honor of Veterans Day. In all, USCIS welcomed more than 3,000 new citizens at nearly 40 naturalization ceremonies taking place across the country from November 7 through 14, 2014. Since September 2002, USCIS has naturalized more than 102,000 service members, including individuals serving in Iraq, Afghanistan, South Korea, Germany, Japan, and elsewhere.

Highlights included ceremonies at:

• National Museum of the Marine Corps in Triangle, Virginia
• Pima Air & Space Museum in Tucson, Arizona
• Soldiers & Sailors Memorial Hall & Museum in Pittsburgh, Pennsylvania
• Everglades National Park in Homestead, Florida
• Nellis Air Force Base in Nevada

In addition, five recruits became new citizens at the Marine Corps Recruit Depot in San Diego through the Naturalization at Basic Training Initiative. Developed with the Department of Defense, this program allows enlisted service members to complete the naturalization process during basic training.

USCIS invited new citizens and their families and friends to share their experiences from the ceremonies through Twitter and other social media, using the hashtag #newUScitizen.

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7. New Publications and Items of Interest

USCIS enhances Case Status tool. USCIS has enhanced its Case Status tool, which now includes case history, next steps, and clearer information. USCIS has also provided easy-to-navigate sections on USCIS news, outreach events, educational webinars, and other services. Earlier this year, USCIS also enhanced the Change of Address and e-Request tools. USCIS says the new look of the website and the updates to Case Status will give users a unified experience. Users can keep track of their cases, make appointments at local field offices, check filing fees, file certain forms electronically, see office case processing times, and verify employment eligibility, among other things. MORE INFORMATION ABOUT USCIS’ ONLINE TOOLS

The 2014 edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers 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 2014 edition adds a chapter on Singapore. 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, 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 $299, but discounts are available. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584; or go to the Lexis/Nexis website.

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

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8. Member News

Charles Kuck has authored a new blog entry. “The GOP and Immigration Reform, and Obama and Executive Orders”

Robert Loughran spoke on October 29, 2014, on “Immigration Considerations in Renunciation of U.S. Citizenship” at the Global Residence and Citizenship Conference in Singapore.

Sharon Mehlman recently co-authored “Risky Business: Assumptions in the Hiring Process,” which was published in Bender’s California Labor and Employment Bulletin for November 2014.

Cyrus Mehta has co-authored a new blog entry. “The Fate of Executive Action on Immigration After the Midterm Elections”

Mr. Mehta was quoted in an article on Forbes.com, “Will President Obama Help Legal Immigrants Too?”

Bernard Wolfsdorf spoke at the Investment Immigration Summit in Hong Kong on November 11-12, 2014. The Investment Immigration Summit is one of the leading immigration conferences in Asia. Mr. Wolfsdorf spoke on the panel, “Quota Retrogression: Implications for Chinese HNWIs and the Future of the EB-5 Programme.”

Stephen Yale-Loehr was quoted in Bloomberg BNA on immigration reform prospects after the midterm elections. In “Midterms’ Impact on Immigration Unclear as Advocates Await Action by President,” published on November 5, 2014, Mr. Yale-Loehr said “there’s an opportunity” for Congress to pass an overhaul bill, but he noted that the chances of that happening “are less than 50 percent.” He added that the next Congress will be “just as fractured as the previous Congress, and getting any legislation to pass will be difficult. If President Obama takes administrative action, that “could make it even harder to get comprehensive immigration reform through Congress.”

Mr. Yale-Loehr was quoted in the Wall Street Journal in “U.S. Visa Program Attracts 11 Million Applicants: Lawmakers May Be Poised To End the Green-Card Lottery,” published on November 6, 2014. “A lottery is not a way to run an immigration system. It doesn’t strengthen family ties, promote our economic interests, or rescue refugees. Congress should abolish the program,” he said.

Mr. Yale-Loehr was quoted in articles in Spanish published in November 2014 about the effects of the midterm elections in the United States, in El Nuevo Herald, El Imparcial, and La Prensa Grafica.

Mr. Yale-Loehr was quoted on President Obama’s authority to act administratively on immigration. Mr. Yale-Loehr noted, “Legally, the president has wide authority to act administratively on immigration…Politically, however, the president has boxed himself into a corner…The only real solution is for Congress to enact comprehensive immigration reform.” The article is available in Spanish.

Mr. Yale-Loehr was quoted on Time.com regarding the potential political fallout of President Obama’s expected upcoming announcement on executive actions to reform the U.S. immigration system. Mr. Yale-Loehr noted that “Republicans will argue that even the smallest executive immigration actions subvert Congress’ power.”

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9. Government Agency Links

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

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. SEC Charges Immigration Attorneys With Defrauding Investors Seeking U.S. Residence; SEC-USCIS Issue Joint Alert – SEC and USCIS caution potential EB-5 investors about phony regional centers posing as legitimate investment opportunities.

2. Justice Dept. Settles Lawsuit Against Texas Bus Company for Discrimination – The lawsuit alleged that the company discriminated against U.S. workers by preferring to hire workers on temporary H-2B visas for its bus driver positions.

3. President Extends Staggered Crossings of Seafood Workers Through December 11, 2014 – No staggered entry of H-2B workers after December 11, 2014, will be permitted absent further legislative extensions.

4. USCIS Issues Instructions for DED Liberians on Applying for 24-Month Extension of Work Authorization – USCIS published a notice in the Federal Register providing instructions for eligible Liberians on how to apply for the full 24-month extension of employment authorization through September 30, 2016.

5. Pro Bono Success Story: Miller Mayer Helps Nuns Obtain R-1 Religious Visa – ABIL member firm Miller Mayer in Ithaca, New York, successfully represented a religious organization of nuns in its religious worker (R-1) nonimmigrant visa petition on behalf of a foreign national nun who serves at churches in upstate New York.

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

7. Member News – Member News

8. Government Agency Links – Government Agency Links

Details:

1. SEC Charges Immigration Attorneys With Defrauding Investors Seeking U.S. Residence; SEC-USCIS Issue Joint Alert

The Securities and Exchange Commission recently charged a Los Angeles, California-based immigration attorney, his wife, and his law firm partner with conducting an investment scheme to defraud foreign investors trying to come to the United States through the EB-5 Immigrant Investor Program.

The SEC alleges that Justin Moongyu Lee, Rebecca Taewon Lee, and Thomas Edward Kent raised nearly $11.5 million from two dozen investors seeking to participate in the EB-5 program. The Lees and Mr. Kent informed investors that they would be EB-5-eligible if they invested in an ethanol production plant that they would build and operate in Ulysses, Kansas. However, they misappropriated the investors’ money for other uses instead. They never built the plant and never created the promised jobs, and the Lees and Kent continued to misrepresent to investors that the project was ongoing.

In a parallel action, the U.S. Attorney’s Office for the Central District of California announced criminal charges against Justin Lee.

According to the SEC’s complaint filed in U.S. District Court for the Central District of California, the investors defrauded by the Lees and Kent were primarily of Chinese and Korean descent. Justin Lee and Mr. Kent applied to U.S. Citizenship and Immigration Services (USCIS) in 2006 for designation as a regional center under the EB-5 program. They claimed there would be “substantial economic benefit” and “thousands” of new jobs for the area in southwest Kansas. However, by mid-2008, construction of an ethanol plant at the site was no longer economically feasible, and the Lees and Mr. Kent concealed their failure to generate the jobs required by the EB-5 program by submitting false documents to USCIS.

In the meantime, the SEC alleges, when Justin Lee was running low on cash and having difficulty obtaining financing, he took money out of investor escrow accounts without the investors’ knowledge before the approval of their applications for U.S. residence. Mr. Lee and his wife subsequently misused several million dollars raised from the ethanol plant investors for other undisclosed purposes, such as financing an iron ore project in the Philippines and repaying investors in other unrelated offerings.

According to the SEC’s complaint, the Lees set up and conducted investor seminars in Los Angeles at which the purported ethanol plant project was the main focus of the presentation, despite the halt of construction in 2008. Mr. Kent, who visited the site frequently in 2008 and 2009 and knew no construction was taking place, also participated in the seminars. Investors continued to be misled that the proceeds from their investment were being used to construct an ethanol plant. In particular, the business plan updated in June 2010 and distributed to investors falsely represented that construction was “ongoing” and that the plant would be in operation before November 2011.

The SEC’s complaint charges the Lees, Mr. Kent, and five companies founded and controlled by Justin Lee (American Immigrant Investment Fund I, Biofuel Venture IV, Biofuel Venture V, Nexland Investment Group, and Nexsun Ethanol) with violations of §§ 17(a)(1), (2), and (3) of the Securities Act of 1933 and § 10(b) of the Securities and Exchange Act of 1934 as well as Rule 10b-5(a) and (c). Justin Lee, Mr. Kent, and the entities also are charged with violating Rule 10b-5(b). The SEC’s complaint seeks disgorgement, prejudgment interest, and penalties along with permanent injunctions.

The Association to Invest In the USA (IIUSA), a trade association representing more than 200 EB-5 regional centers, released a statement supporting the SEC’s actions in this case.

SEC-USCIS joint alert. In response to similar cases, in 2014 SEC and USCIS issued a joint alert cautioning potential EB-5 investors about phony regional centers posing as legitimate investment opportunities. The joint alert includes information about steps to take to research any offering that purports to be affiliated with the EB-5 program. For example, would-be investors should:

• Confirm that the regional center has been designated by USCIS;
• Obtain copies of documents provided to USCIS;
• Request investment information in writing;
• Ask if promoters are being paid;
• Seek independent verification;
• Examine structural risk;
• Consider the developer’s incentives; and
• Look for warning signs of fraud.

The joint alert notes that hallmarks of fraud may include:

• Promises of a visa or becoming a lawful permanent resident—investing through EB-5 makes a person eligible to apply for a conditional visa, but there is no guarantee that USCIS will grant a conditional visa or subsequently remove the conditions on lawful permanent residence. USCIS noted that it carefully reviews each case and denies cases where eligibility rules are not met. “Guarantees of the receipt or timing of a visa or green card are warning signs of fraud,” the alert notes;
• Guaranteed investment returns or no investment risk;
• Overly consistent high investment returns;
• Unregistered investments;
• Unlicensed sellers; and
• Layers of companies run by the same individuals.

SEC’s ANNOUNCEMENT
SEC’s COMPLAINT
IIUSA’s STATEMENT
SEC-USCIS JOINT ALERT

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2. Justice Dept. Settles Lawsuit Against Texas Bus Company for Discrimination

The Department of Justice (DOJ) recently reached a settlement with Autobuses Ejecutivos LLC, doing business as Omnibus Express, a bus company based in Houston, Texas. The settlement resolved a lawsuit filed in August 2013 by the DOJ under the Immigration and Nationality Act’s (INA) antidiscrimination provision. The lawsuit alleged that the company discriminated against U.S. workers by preferring to hire workers on temporary H-2B visas for its bus driver positions.

Under the settlement agreement, Omnibus Express will establish a $208,000 fund to compensate victims of its discriminatory practices, pay $37,800 in civil penalties to the United States, and be subject to monitoring of its hiring and recruiting practices for a two-year period.

ANNOUNCEMENT

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3. President Extends Staggered Crossings of Seafood Workers Through December 11, 2014

On January 17, 2014, President Barack Obama signed into law the Consolidated Appropriations Act of 2014, which included a provision permitting the staggered entry of H-2B workers employed by seafood industry employers under certain conditions. Following passage of the Continuing Appropriations Resolution, 2015, this provision was extended to December 11, 2014. Accordingly, no staggered entry of H-2B workers after December 11, 2014, will be permitted absent further legislative extensions.

To use the “staggered crossing” provision, seafood industry employers must download, complete, and sign the official attestation and provide it to the H-2B nonimmigrant worker for presentation, upon request, to Department of State consular officers and/or the Department of Homeland Security’s Customs and Border Protection officers.

According to a related FAQ, all employers submitting an H-2B application for temporary employment certification must accurately indicate their temporary need, including the starting and ending dates of need for the period in which they intend to employ H-2B nonimmigrant workers. However, the 2014 Appropriations Act permits employers in the seafood industry to bring into the United States, in accordance with an approved H-2B petition, nonimmigrant workers at any time during the 120-day period on or after the employer’s certified start date of need, if certain conditions are met.

The 2014 Appropriations Act contained two primary conditions that employers must meet. First, the rule applies only to employers engaged in a business in the seafood industry that permit or require their H-2B nonimmigrant workers to enter the United States up to 120 days after the certified start date of need. Second, any seafood industry employer that permits or requires its H-2B nonimmigrant workers to enter the United States between 90 and 120 days after the certified start date of need must complete a new assessment of the local labor market during the period that begins at least 45 days after the certified start date of need and ends before the 90th day after the certified start date of need.

Seafood industry employers who conduct the additional recruitment required by the 2014 Appropriations Act should not submit proof of the additional recruitment to the Office of Foreign Labor Certification. Instead, they must retain the additional recruitment documentation, along with their pre-filing recruitment documentation, for three years from the date of certification.

ANNOUNCEMENT

OFFICIAL ATTESTATION FORM

FAQ

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4. USCIS Issues Instructions for DED Liberians on Applying for 24-Month Extension of Work Authorization

On September 26, 2014, U.S. Citizenship and Immigration Services (USCIS) extended for an additional 24 months the deferred enforced departure (DED) of certain Liberians and provided for work authorization during that period. The DED extension runs from October 1, 2014, through September 30, 2016. USCIS published a notice in the Federal Register on October 1, 2014, providing instructions for eligible Liberians on how to apply for the full 24-month extension of employment authorization. The notice also provides instructions for DED-eligible Liberians on how to apply for permission to travel outside the United States during the 24-month DED period.

USCIS said it will issue new employment authorization documents (EADs) with a September 30, 2016, expiration date to Liberians whose DED has been extended under the Presidential Memorandum of September 26, 2014, and who apply for EADs under this extension. Given the time frames involved with processing EAD applications, the Department of Homeland Security (DHS) said it recognized that not all DED-eligible Liberians would have received new EADs before their current EADs expired on September 30, 2014. Accordingly, the notice also automatically extends for six months (through March 30, 2015) the validity of DED-related EADs that had an expiration date of September 30, 2014, and explains how Liberians covered under DED and their employers may determine which EADs are automatically extended and their impact on employment eligibility verification (Form I-9) and E-Verify processes.

NOTICE

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5. Pro Bono Success Story: Miller Mayer Helps Nuns Obtain R-1 Religious Visa

Alliance of Business Immigration Lawyers member firm Miller Mayer in Ithaca, New York, represented a religious organization of nuns in its religious worker (R-1) nonimmigrant visa petition on behalf of a foreign national nun who serves at churches in upstate New York. This was the organization’s first successful R-1 petition with U.S. Citizenship and Immigration Services (USCIS), which required Miller Mayer to prepare the sisters for a USCIS fraud detection site visit. Miller Mayer performed the work pro bono.
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6. New Publications and Items of Interest

OFLC statistical fact sheets. The Department of Labor’s Office of Foreign Labor Certification has posted updated program fact sheets containing FY 2014 fourth-quarter selected statistics for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program, H-2A Temporary Agricultural Visa Program, and H-2B Temporary Non-Agricultural Visa Program. Reports are derived from program data as of August 31, 2014. The updated program fact sheets are posted on OFLC’s PERFORMANCE DATA PAGE.

The 2014 edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers 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 2014 edition adds a chapter on Singapore. 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, 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 $299, but discounts are available. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584; or go to the Lexis/Nexis website.

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

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7. Member News

Cyrus Mehta recently co-authored several new blog entries. “Ebola and Inadmissibility” “Kerry v. Din: An Opportunity for the Supreme Court to Reconsider the Doctrine of Consular Non-Reviewability”

Angelo Paparelli recently authored a new blog entry. “The ‘When’ of Immigration”

Robert F. Loughran spoke to the Metropolitan Breakfast Club at the University of Texas. The presentation, “The Facts, and Nothing But the Facts, About Our Immigration Crisis,” focused on current events and issues in U.S. immigration.

Stephen Yale-Loehr was quoted in the Real Deal, a real estate news site, in an article on Chinese property investment in New York City. Among other things, he noted that those who want green cards for their children to get an education still consider the United States “the top destination.”

Several ABIL members are speaking at the IIUSA’s 4th Annual EB-5 International Investment Economic Development Forum in San Francisco, California, on October 23-24, 2014. IIUSA is the trade association of EB-5 regional centers. H. Ronald Klasko will speak on ever-evolving USCIS EB-5 policies and interpretations. Bernard Wolfsdorf will speak on Chinese visa availability and EB-5 retrogression issues. Mr. Yale-Loehr will speak on I-829 removal of condition issues. More information about the conference is available HERE.

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8. Government Agency Links

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

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top