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News from the Alliance of Business Immigration Lawyers Vol. 15, No. 6E • June 30, 2019

June 30, 2019/in Immigration Insider /by ABIL

Headlines:

1. USCIS Expands ‘FIRST’ Digital FOIA System -USCIS said FIRST is the only system in the U.S. government that allows users to submit and track FOIA requests and receive documents digitally.

2. USCIS Extends Parole and Work Authorization for Certain CNMI Residents -USCIS will automatically extend parole, and employment authorization if applicable, for certain residents.

3. Acting CBP Commissioner To Step Down After Two Months -John Sanders, Acting Commissioner for U.S. Customs and Border Patrol (CBP), announced he is resigning effective July 5, 2019.

4. Don’t Accept Restricted Social Security Cards for I-9 Verification, E-Verify Warns -E-Verify recently reminded employers not to accept restricted Social Security cards as List C documents on the I-9 work authorization verification form.

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

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

7. Government Agency Links -Government Agency Links


Details:

1. USCIS Expands ‘FIRST’ Digital FOIA System

U.S. Citizenship and Immigration Services (USCIS) is expanding its digital Freedom of Information Act (FOIA) Immigration Records System, FIRST. USCIS said FIRST is the only system in the U.S. government that allows users to submit and track FOIA requests and receive documents digitally.

FOIA entitles every person access to certain information from the federal government. FOIA requests can be critical in cases where the full picture of an applicant’s history matters to the success of their immigration petition/application.

FOIA requestors with a USCIS online account can submit requests online for their own records. Soon, they will be able to submit online requests for non-A-file materials.

Details: USCIS announcement

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2. USCIS Extends Parole and Work Authorization for Certain CNMI Residents

U.S. Citizenship and Immigration Services (USCIS) announced on June 28, 2019, that it will automatically extend parole (i.e., permission to lawfully remain), and employment authorization if applicable, for certain residents of the Commonwealth of the Northern Mariana Islands (CNMI). This extension of parole will provide relief while USCIS establishes procedures for obtaining the new CNMI Resident status created by the Northern Mariana Islands Long-Term Legal Residents Relief Act, signed by President Trump on June 25, 2019.

USCIS noted the following points:

  • Parole for individuals under a previous CNMI categorical parole program expired on June 29, 2019. DHS automatically extended parole for those individuals without interruption through October 28, 2019. USCIS said this automatic extension of 120 days will provide an opportunity for individuals to submit a re-parole request.
  • For parolees with an employment authorization document (EAD) expiring at the same time as their parole (June 29, 2019), USCIS is automatically extending their employment authorization through October 28, 2019.

Details: USCIS announcement

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3. Acting CBP Commissioner To Step Down After Two Months

John Sanders, Acting Commissioner for U.S. Customs and Border Patrol (CBP), announced he is resigning effective July 5, 2019, after only two months on the job. He took on the role in April after Kevin McAleenan, former CBP Commissioner, became Acting Secretary of Homeland Security after Kirstjen Nielsen’s departure. The announcement follows reports of substandard conditions for migrant children being held in detention.

Mr. Sanders reportedly is expected to be replaced by Mark Morgan, who has been directing U.S. Immigration and Customs Enforcement (ICE) for several months. He was formerly chief of the Border Patrol.

Details: News reports: CNN, CNBC, AXIOS

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4. Don’t Accept Restricted Social Security Cards for I-9 Verification, E-Verify Warns

E-Verify recently reminded employers not to accept restricted Social Security cards as List C documents on the I-9 work authorization verification form. Form I-9 List C documents verify an employee’s authorization to work.

Employers should not accept a restricted Social Security card that is stamped with one of the following:

  • Valid for work only with DHS authorization
  • Valid for work only with INS authorization
  • Not valid for employment

Details: E-Verify announcement; List C documents that establish employment authorization; Form I-9 acceptable documents

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5. New Publications and Items of Interest

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

Alliance of Business Immigration Lawyers:

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

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

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

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

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases. The advisory is here.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

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6. ABIL Member / Firm News

Stephen Yale-Loehr was quoted by Inside Higher Ed in “Waiting for Work Authorization.” The article notes that many colleges offer practicum courses through which international students can gain CPT authorization to participate in summer internships. Whereas the regulations stipulate that OPT [Optional Practical Training] can only be approved for employment “directly related to the student’s major area of study,” the regulations governing CPT [Curricular Practical Training] are stricter and say it must be “an integral part of an established curriculum.” Mr. Yale-Loehr noted that “[t]here are some ambiguities—the regulations don’t define what constitutes ‘an integral part of an established curriculum’—but more and more colleges are starting curricular practical training for international students not solely because of these new USCIS restrictions but also because work is now understood to be more integral to a person’s education generally.” The article

H. Ronald Klasko was awarded the American Immigration Lawyers Association’s highest award, the Founders Award, for the second time on June 20, 2019, at the annual conference of the American Immigration Lawyers Association in Orlando, Florida. After first receiving this honor in 1996, Mr. Klasko is now the only attorney to receive it twice. The award, presented only when there is a significant recipient, recognizes those who have had a substantial impact on the field of immigration law and policy. More information

Cyrus Mehta has authored several new blog entries: “Can the Arbitrary and Capricious Standard Under the Administrative Procedure Act Save DACA?“; and “Illogical Situation for Family-Sponsored Second Preference Spouses and Children under the July 2019 Visa Bulletin.”

 

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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, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

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https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-06-30 10:55:242019-09-03 10:58:11News from the Alliance of Business Immigration Lawyers Vol. 15, No. 6E • June 30, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 6D • June 23, 2019

June 23, 2019/in Immigration Insider /by ABIL

Headlines:

1. USCIS Aims to Decrease Processing Times Based on Location for Applications for Naturalization and to Register Permanent Residence or Adjust Status -USCIS said this may mean scheduling applicants to appear for an interview at a field office outside of their normal jurisdictions.

2. Green Card Backlogs Are Long, Growing, and Inequitable, CATO Institute Says -“It will take decades and—in some categories—a half century or more to process everyone else waiting now,” the report notes.

3. IIUSA Expresses Concerns to USCIS About ‘Surge’ in Immigrant Entrepreneur Petition Adjudication Delays -The estimated processing time for completion of immigrant petitions for alien entrepreneurs is 29 to 45.5 months as of May 2019.

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

5. ABIL Member / Firm News -ABIL Member / Firm News

6. Government Agency Links -Government Agency Links


Details:

1. USCIS Aims to Decrease Processing Times Based on Location for Applications for Naturalization and to Register Permanent Residence or Adjust Status

U.S. Citizenship and Immigration Services (USCIS) said it will implement a “national strategy” to decrease differences in processing times based on location for the N-400 Application for Naturalization and I-485 Application to Register Permanent Residence or Adjust Status.

USCIS said this may mean scheduling applicants to appear for an interview at a field office outside of their normal jurisdictions. Applicants may receive an interview appointment notice or other types of notices (such as a Request for Evidence) from a field office outside of their normal jurisdiction. However, the agency will still direct applicants to the “nearest application support center” to complete their biometrics appointments. “Applicants should follow the instructions on any notices they receive from USCIS,” the agency said.

Details: USCIS announcement

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2. Green Card Backlogs Are Long, Growing, and Inequitable, CATO Institute Says

A new CATO Institute report says that immigration wait times have doubled since 1991 for applicants immigrating through both employment-based and family-sponsored “quota” categories, from an average of 2 years and 10 months to 5 years and 8 months. In 2018, more than 100,000 legal immigrants waited a decade or more to apply for permanent residence (green card) in 2018. Almost 5 million immigrants are waiting for their green cards now, the report says.

The report concludes that “Congress should eliminate the country quotas, exempt spouses and minor children from the overall quotas, and instead link quotas to population and economic growth.”

The report also notes that the quotas (numerical limits) on green cards for individual nationalities are causing longer waits from countries with the highest demand. Indians averaged the longest wait because of such limits—more than 8 years and 6 months. “It will take decades and—in some categories—a half century or more to process everyone else waiting now,” the report notes.

Details: “Immigration Wait Times from Quotas Have Doubled: Green Card Backlogs Are Long, Growing, and Inequitable,” by David J. Bier

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3. IIUSA Expresses Concerns to USCIS About ‘Surge’ in Immigrant Entrepreneur Petition Adjudication Delays

In a letter dated June 11, 2019, Invest in the USA (IIUSA) expressed concerns to Ken Cuccinelli, Acting Director of U.S. Citizenship and Immigration Services (USCIS), about a “surge” in delays in processing immigrant petitions for alien entrepreneurs (Form I-526). IIUSA is an industry trade organization representing nearly 370 EB-5 stakeholder organizations.

The letter notes that based on the latest data on the USCIS website, the estimated processing time for I-526 completion is 29 to 45.5 months (as of May 2019). IIUSA’s analysis further found that:

  • The processing time for adjudicating I-526 petitions in the Immigrant Investor Program Office recently experienced a significant 32 percent to 60 percent surge within one month.
  • In a year-over-year comparison, the estimated I-526 processing time in May 2019 almost doubled from May 2018.

“The ever-lengthening delays in adjudicating investor petitions will further delay the deployment of the EB-5 funding to the project developers, many of which depend on the investment from the investors to complete the economic development projects in their local communities, creating jobs for American workers,” the group warned. The letter includes questions about causes, processing times, petition statistics, and personnel.

Details: IIUSA letter

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4. New Publications and Items of Interest

Resources on refugees’ employment rights. The Department of Justice’s Immigrant and Employee Rights Section has released information for workers and employers, including materials that discuss refugees’ and asylees’ employment rights: Information for Refugees and Asylees About the Form I-9; Employment Rights and Resources for Refugees and Asylees; and Refugees and Asylees Have the Right to Work: Information for Employers.

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

Alliance of Business Immigration Lawyers:

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

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

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

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

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases. The advisory is here.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

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5. ABIL Member / Firm News

Elise A. Fialkowski, partner at Klasko Immigration Law Partners, LLP, led a panel at the 2019 NAFSA Annual Conference. She provided updates on the latest immigration issues, providing context from her 25 years as an employment-based immigration lawyer. Ms. Fialkowski and her fellow panelists provided guidelines for applying the recent changes to preparing immigration petitions, and specifically how these changes affect hiring and sponsorship at universities. More information

Stephen Yale-Loehr was quoted by the Times of India in “U.S. Firms Will Be the Losers Due to Policy, Says Nasscom.” He said that if the Trump administration carries through on reported plans to limit H-1B visas for citizens of India, it would be both bad law and bad policy: “Bad law because only Congress can change U.S. immigration laws, which prohibit discrimination based on national origin; the President can’t change that unilaterally. Bad policy because the United States is in a global competition for talent. We would be shooting ourselves in the foot by limiting work visas for talented Indians. Any restrictions would particularly hurt Indian IT companies, which many U.S. companies rely on.” The article

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6. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-06-23 10:58:202019-09-03 11:00:51News from the Alliance of Business Immigration Lawyers Vol. 15, No. 6D • June 23, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 6C • June 16, 2019

June 16, 2019/in Immigration Insider /by ABIL

Headlines:

1. Ken Cuccinelli Named Acting Director of USCIS -Mr. Cuccinelli previously served as Virginia’s attorney general from 2010 to 2014.

2. Visa Bulletin for July Notes Slowdowns or Retrogressions (Visa Unavailability) in Several Employment-Based Immigrant Visa Categories Before End of Fiscal Year -The Visa Bulletin also includes details on expected potential monthly movement for the next several months.

3. New Zealand Nationals Eligible for E-1 (Treaty Trader) and E-2 (Treaty Investor) Visas -Certain New Zealand nationals can now request a change of status to E-1 nonimmigrant trader or E-2 nonimmigrant investor.

4. SSA Responds to California Lawmakers’ Questions on ‘No-Match’ Letters -SSA noted that it does not take any action, nor are there any SSA-related consequences, for employers’ non-compliance with no-match letters.

5. USCIS Officers Required to Remind Sponsors of Affidavits of Support of Their Financial Obligations to Support Intending Immigrants -If a sponsored immigrant receives any federal means-tested public benefits, the sponsor “will be expected to reimburse the benefits-granting agency for every dollar of benefits received by the immigrant.”

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. Ken Cuccinelli Named Acting Director of USCIS

Ken Cuccinelli has been appointed acting director of U.S. Citizenship and Immigration Services (USCIS), effective June 10, 2019. He succeeds Francis Cissna, who left the agency as of June 1, 2019. Mr. Cuccinelli will lead an agency of 19,000 employees and contractors.

Mr. Cuccinelli previously served as Virginia’s attorney general from 2010 to 2014. He also served in the Virginia Senate from 2002 to 2010 and has practiced law for nearly 25 years. He has a law degree from Antonin Scalia Law School, George Mason University, and a master’s degree in international commerce and policy from George Mason University.

A large group of national, state, and local advocacy organizations outlined Mr. Cuccinelli’s “anti-immigrant views” and urged legislators to oppose his nomination for Director of USCIS in a letter sent June 11, 2019, from the Center for American Progress to leaders of the Senate Judiciary Committee.

Details: USCIS announcement; Center for American Progress letter

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2. Visa Bulletin for July Notes Slowdowns or Retrogressions (Visa Unavailability) in Several Employment-Based Immigrant Visa Categories Before End of Fiscal Year

The Department of State’s Visa Bulletin for July 2019 includes the following notes:

  • It has been necessary to retrogress the Mexico E4 and SR final action dates for July to keep visa issuances within the annual numerical limits. With the start of the new fiscal year in October, the final action dates will be returned to the latest dates established during FY-2019.
  • India and Vietnam will each reach their per-country annual limit during July. This has resulted in the Vietnam date being held, and has required the imposition of a July final action date for India. For August, both countries will become subject to the same final action date that applies to China-mainland born employment fifth preference (EB-5) applicants and will remain so for the remainder of the fiscal year. Such action will only be temporary, with the EB-5 date for each advancing for October, the first month of fiscal year 2020, as follows:
  • India: Most likely advancing to the summer or fall of 2017
  • Vietnam: Most likely advancing to the fall or early winter of 2016

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

Details: Visa Bulletin (including details on expected potential monthly movement for the next several months); USCIS announcement

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3. New Zealand Nationals Eligible for E-1 (Treaty Trader) and E-2 (Treaty Investor) Visas

U.S. Citizenship and Immigration Services (USCIS) announced that effective June 10, 2019, certain New Zealand nationals can request a change of status to E-1 treaty trader or E-2 treaty investor. This means that New Zealand nationals now have enhanced access to pursue trade and investment activities in the United States. According to USCIS:

  • Eligible New Zealand nationals already in the United States in lawful visa status can file a petition to request a change of status to E-1 or E-2 visa classification, or a qualifying employer can file such a petition on their behalf.
  • Spouses and unmarried children under 21 years of age of E-1 and E-2 visa holders, and employees who are already in the United States, may also seek to change status to E-1 or E-2 as dependents.

Details: USCIS announcement

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4. SSA Responds to California Lawmakers’ Questions on ‘No-Match’ Letters

The Social Security Administration (SSA) recently responded to a letter sent on April 11, 2019, from Sen. Diane Feinstein (D-Cal.), along with several California legislators, questioning the decision to reinstate the practice of sending “no match” letters to businesses nationwide. Such letters notify employers when an employee’s Social Security number does not match official records.

Nancy Berryhill, Acting Commissioner for the SSA, responded that the letters advise employers that corrections are needed for the agency to properly post an employee’s earnings to the correct record, while educating employers to use SSA’s online wage reporting tools to improve the accuracy of their wage reporting. She said the no-match letters are “educational.”

The Acting Commissioner said the SSA encourages employers to “take timely action on no-matches,” but noted that “we do not take any action, nor are there any SSA-related consequences, for employers’ non-compliance with our letters.” She also noted that the letter “specifically advises employers not to take an adverse action against an employee based on the letter.”

Details: SSA response (which includes the questions from the legislators)

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5. USCIS Officers Required to Remind Sponsors of Affidavits of Support of Their Financial Obligations to Support Intending Immigrants

On June 14, 2019, U.S. Citizenship and Immigration Services (USCIS) announced the implementation of the “Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens,” issued May 23, 2019. USCIS officers will now be required to remind individuals at their adjustment of status interviews of their sponsors’ responsibilities.

More specifically:

  • Officers must remind applicants and sponsors that the Affidavit of Support is a legal and enforceable contract between the sponsor and the federal government, and that the sponsor must be willing and able to financially support the intending immigrant.
  • If the sponsored immigrant receives any federal means-tested public benefits, the sponsor “will be expected to reimburse the benefits-granting agency for every dollar of benefits received by the immigrant,” USCIS said.

Details: USCIS announcement; Presidential Memorandum

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6. New Publications and Items of Interest

Immigration Options for Entrepreneurs and Startups. The second part of this two-part series for entrepreneurial foreign nationals, part of the “Statutes of Liberty” podcast series, features a discussion of the visa options for entrepreneurs and startups when trying to launch a business in the United States. Key points covered include specific visas designed for startups and entrepreneurs, how to creatively use visa options to your benefit, pursuing your startup as a student, and advice on structuring your startup to support your immigration goals. The podcasts

Attorney General control over U.S. Immigration Courts. The Southern Poverty Law Center and Innovation Law Lab have published “The Attorney General’s Judges: How the U.S. Immigration Courts Became a Deportation Tool.” The report, based on more than two years of research, focuses on group interviews with attorneys and former immigration judges. It “links the current crisis of accountability to the attorney general’s absolute control over the immigration court system.” In conjunction with the report, the groups also announced the launch of the “Immigration Court Watch” app, which enables court observers to record and upload information on immigration judge conduct. The SPLC’s announcement; The report; Download the application

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

Alliance of Business Immigration Lawyers:

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

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

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

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

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases. The advisory is here.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

Back to Top


7. ABIL Member / Firm News

Lauren Berkowitz, of Klasko Immigration Law Partners, LLP, has published a new client alert, “Social Media Question Added to Online Visa Applications.”

Robert Loughran presented “Update on Nonimmigrant Visa Processing at U.S. Consulates Abroad” at the Federal Bar Association’s Immigration Law Conference in Austin, Texas, on May 18, 2019.

Mr. Loughran presented “How Employment Based Immigration Practice Has Evolved Under the Current Administration to Include Litigation” to the State Bar of Texas’ Annual Meeting in Austin, Texas, on June 13, 2019.

 

Back to Top


8. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-06-16 11:00:572019-09-03 11:03:22News from the Alliance of Business Immigration Lawyers Vol. 15, No. 6C • June 16, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 6B • June 09, 2019

June 09, 2019/in Immigration Insider /by ABIL

Headlines:

1. Premium Processing Begins for Remaining H-1B Cap-Subject (Lottery) Petitions -On June 10, 2019, USCIS will begin premium processing for all remaining FY 2020 H-1B lottery petitions.

2. OFLC’s New Online ‘FLAG’ Portal to Replace iCERT -The Foreign Labor Application Gateway (FLAG) will serve as the new application filing and case management portal for all foreign labor certification programs.

3. USCIS Invites Public Comments on Extension of Form I-9 -USCIS has invited public comments on its proposed extension of the employment eligibility verification form before it expires on August 31, 2019

4. Cap Reached for Additional H-2B Visas for FY 2019 -USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the
H-2B cap for FY 2019.

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

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

7. Government Agency Links -Government Agency Links


Details:

1. Premium Processing Begins for Remaining H-1B Cap-Subject (Lottery) Petitions

On June 10, 2019, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for all remaining fiscal year (FY) 2020 H-1B lottery petitions. Starting on that date, employers may file a request for premium processing conversion with the USCIS service center that is processing their petition.

USCIS noted that it is offering premium processing in a two-phased approach during this year’s cap season “to best manage premium processing requests without fully suspending it.

  • The first phase, which started on May 20, 2019, included H-1B lottery petitions requesting a change of status, and the second phase includes all other H-1B lottery petitions. Premium processing for H-1B petitions that are exempt from the cap, such as extension-of-stay requests, remains available.

Also starting on June 10 and continuing through the end of June 24, USCIS will use regular mail rather than pre-paid mailers to send out final notices for premium processing for H-1B lottery petitions not requesting a change of status. USCIS said it will resume using pre-paid mailers for final notices when provided by petitioners “when operationally feasible.”

Details: Latest USCIS notice; USCIS previous announcement

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2. OFLC’s New Online ‘FLAG’ Portal to Replace iCERT

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has announced a new cloud-based online portal, the Foreign Labor Application Gateway (FLAG). The newly modernized portal is intended to “help U.S. employers find qualified workers while ensuring protections for U.S. and foreign workers.”

The new portal is replacing OFLC’s current iCERT system. It will serve as the new application filing and case management portal for all foreign labor certification programs. OFLC said the enhancements include personalized user accounts, form preparation, automated case alerts, and improved access to OFLC decisions.

FLAG will be used for filing prevailing wage requests (Form ETA-9141) for PERM applications (i.e., the first stage of the employment-based green card process) starting June 10, 2019; and for submitting H-2B applications starting July 3, 2019.

Details: OFLC FLAG System/notice

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3. USCIS Invites Public Comments on Extension of Form I-9

U.S. Citizenship and Immigration Services (USCIS) has invited public comments on its proposed extension of the Form I-9 (Employment Eligibility Verification) before it expires on August 31, 2019.

According to a USCIS announcement, the 30-day comment period will be open until July 5, 2019. There was a previous required public comment period of 60 days.

Details: USCIS announcement; previous USCIS notice

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4. Cap Reached for Additional H-2B Visas for FY 2019

U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to reach the additional maximum 30,000 visas made available under the H-2B numerical limit (cap) for fiscal year (FY) 2019. The H-2B visa program permits employers to hire foreign workers to come to the United States to perform temporary nonagricultural services or labor on a one-time, seasonal, peakload, or intermittent basis.

USCIS began accepting H-2B petitions on May 8, 2019, under a temporary final rule increasing the cap by up to 30,000 additional H-2B visas for returning workers through the end of FY 2019. The agency said it will reject and return any cap-subject petitions received after June 5, together with any accompanying filing fees. USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:

  • Current H-2B workers in the United States petitioning to extend their stay and, if applicable, change the terms of their employment or change employers;
  • Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009, until December 31, 2029.

Details: USCIS announcement; previous USCIS announcement of temporary final rule

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5. New Publications and Items of Interest

Technical assistance materials and webinars on new H-2B labor certification form, process. The Department of Labor’s Office of Foreign Labor Certification has announced instructional videos on how to create and manage an online FLAG System account and prepare the Form ETA-9142B (H-2B Application for Temporary Employment Certification) and corresponding appendices. OFLC also will host webinars on June 13, 2019, to provide technical assistance to employers and authorized attorneys or agents on the changes to the H-2B application forms. Information and videos are also expected to be posted shortly on the new prevailing wage form and process. For more information, see https://www.foreignlaborcert.doleta.gov/news.cfm, https://flag.dol.gov/, https://flag.dol.gov/announcements

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

Alliance of Business Immigration Lawyers:

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

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

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

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

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases. The advisory is here.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

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6. ABIL Member / Firm News

Cyrus Mehta has published several new blog entries: “Fallout from Trump’s Muslim Ban: Requiring Use of Social Media on Visa Applications,” and “Making the Case for Expanding a Foreign National’s Interest in an I-140 Petition.”
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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, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

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News from the Alliance of Business Immigration Lawyers Vol. 15, No. 6A • June 02, 2019

June 02, 2019/in Immigration Insider /by ABIL

Headlines:

1. State Dept. Notes Continued Heavy Demand, Retrogressions (Visa Unavailability) in Several Employment-Based Immigrant Visa Categories -The Visa Bulletin for June 2019 notes heavy demand in several employment-based visa categories for India and Vietnam.

2. USCIS Requests Info on EB-5 Immigrant Investor Visa Experience -USCIS wants information from attorneys, accredited representatives, regional center owners, and petitioners about their experiences filing for regional center designations, annual certifications of regional centers, or petitions by alien entrepreneurs.

3. Online Visa, ESTA Applications Include New Social Media Question -The applicant is instructed to provide the names of each social media platform used within the last five years and the “username or handle you have used on that platform.”

4. President Trump Considering Ban on Asylum Claims From Central Americans Traveling Through Mexico, Others -If the rule is implemented, it could block Central Americans traveling through Mexico, among others, from applying for asylum in the United States.

5. State Dept. Introduces New ‘K’ Risk Indicator for Travelers -DOS has announced a new “K” risk indicator added to its travel advisories for U.S. citizens, to communicate “the risks of kidnapping and hostage-taking by criminal and terrorist actors around the world.”

6. ABIL Global: France -The French government has implemented an ordinance that specifies the conditions for issuing residence permits to British nationals to continue their stay in France after the Brexit date, in the event of no exit agreement being reached between the UK and EU.

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

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

9. Government Agency Links -Government Agency Links


Details:

1. State Dept. Notes Continued Heavy Demand, Retrogressions (Visa Unavailability) in Several Employment-Based Immigrant Visa Categories

The Department of State’s (DOS) Visa Bulletin for the month of June 2019 notes heavy demand in several employment-based visa categories:

  • There continues to be an “extremely high rate of demand” for India employment first preference (EB-1) visa numbers, which has resulted in retrogression of the final action date for the month of June to October 1, 2017. This action will be temporary.
  • Continued heavy applicant demand is expected to result in the India employment fifth preference (EB-5) category approaching the per-country annual limit during July. This is likely to result in the imposition of a July final action date in 2017. This action will be temporary, with the EB-5 date for India “most likely” advancing to the summer or fall of 2017 for October.
  • High demand also is expected to result in the Vietnam employment fifth preference (EB-5) category reaching the per-country annual limit in July. This action will be temporary, with the Vietnam EB-5 date “most likely” advancing to the fall or early winter of 2016 for October.

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

Details: DOS Visa Bulletin for June 2019; USCIS announcement

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2. USCIS Requests Info on EB-5 Immigrant Investor Visa Experience

U.S. Citizenship and Immigration Services (USCIS) aims “to understand challenges and pain points of the application or petition process” concerning the EB-5, and has invited attorneys, accredited representatives, regional center owners, and petitioners to provide information about their experiences filing for regional center designations under the Immigrant Investor Program (I-924), annual certifications of regional centers (I-924A), or petitions by alien entrepreneurs (I-526).

USCIS specifically wants feedback from:

  • Representatives who have filed petitions or applications related to the EB-5 program in the last 12 months and work for a law firm with five or more employees;
  • Regional center owners who have filed regional center applications or annual certifications in the last 12 months; and
  • Petitioners who have filed a petition related to the EB-5 program in the last 12 months.

Details: Per USCIS, those with questions or who are interested should email myuscisfeedback@uscis.dhs.gov and include the emailer’s experience with EB-5 filings and role in the submission process; case-specific information should not be included. Some may be asked to participate in a group discussion.

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3. Online Visa, ESTA Applications Include New Social Media Question

The Department of State’s (DOS) online visa application (Form DS-160) now includes a new question about social media. The applicant is instructed to provide the names of each social media platform used within the last five years and the “username or handle you have used on that platform.”

The Electronic System for Travel Authorization (ESTA) application also has a social media question, although providing this information is optional, reportedly.

The ESTA should not be confused with the DS-160 process. The ESTA is an electronic authorization required of citizens from “visa waiver” countries who are traveling to the U.S. for business and/or leisure. The DS-160 is for foreign nationals who are required to apply for a visa at a U.S. Consulate/Embassy before traveling to the U.S.

Details: DOS online visa application; ESTA application; list of countries participating in the Visa Waiver Program

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4. President Trump Considering Ban on Asylum Claims From Central Americans Traveling Through Mexico, Others

According to reports, President Donald Trump is considering a draft rule to prohibit people who have resided in a third country from filing an asylum claim. If the rule is implemented, it could block Central Americans traveling through Mexico, among others, from applying for asylum in the United States.

Details: News reports: CNN, Politico

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5. State Dept. Introduces New ‘K’ Risk Indicator for Travelers

The Department of State (DOS) has announced a new “K” risk indicator added to its travel advisories for U.S. citizens, to communicate “the risks of kidnapping and hostage-taking by criminal and terrorist actors around the world.”

Travel advisories for 35 countries have been updated to include the “K” indicator: Afghanistan, Algeria, Angola, Bangladesh, Burkina Faso, Cameroon, Central African Republic, Colombia, Democratic Republic of the Congo, Ethiopia, Haiti, Iran, Iraq, Kenya, Lebanon, Libya, Malaysia, Mali, Mexico, Niger, Nigeria, Pakistan, Papua New Guinea, Philippines, Russian Federation, Somalia, South Sudan, Sudan, Syria, Trinidad and Tobago, Turkey, Uganda, Ukraine (in Russian-controlled eastern Ukraine), Venezuela, and Yemen.

Details: DOS announcement; travel advisories

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6. ABIL Global: France

The French government has issued a decree to implement Ordinance No. 2019-76 of 6 February 2019, which specifies the conditions for issuing residence permits to British nationals to continue their stay in France after the Brexit date, in the event of no exit agreement being reached between the United Kingdom (UK) and the European Union.

Decree no. 2019-264 of 2 April 2019 was published in the Journal Officiel on 3 April 2019. The following are the principal conditions of issuance of the residence permits to British nationals and their family members.

Transition period of 12 months. UK nationals and family members continuing their stay and professional activities beyond the Brexit date may do so for a maximum period of 12 months after the Brexit date. During this transition period, they do not need to possess a residence permit.

Residence permit application to be requested within 6 months following the Brexit. UK nationals who wish to remain in France beyond this transition period will have 6 months after the Brexit date to apply for one of the appropriate residence permits.

How to apply for a residence permit. The decree details the documents that UK nationals and their family members will provide in support of their application according to the appropriate residence permit for which they are eligible.

Tax amount. The amount of the tax due for the issuance of a residence permit is reduced to 100 euros for British nationals and their family members instead of 269 euros applicable to third-country nationals.

Details: Client alert

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7. New Publications and Items of Interest

USCIS 2018 Statistical Annual Report. U.S. Citizenship and Immigration Services (USCIS) today released the Fiscal Year 2018 Statistical Annual Report, which provides statistical information on the most popular and widely used benefits and programs administered by the agency. The report also provides insight into the nature and scope of USCIS’ work, which involves adjudicating millions of applications and petitions for immigration benefits annually. More information. The report.

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

Alliance of Business Immigration Lawyers:

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

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

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

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

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases. The advisory is here.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

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8. ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, announced that the final installment in its blog series, “Strategies for Success Series: Analyzing AAO Decisions,” is available now. The is titled, “To Extraordinary and Beyond.” The second blog in the series was “Sink OR Swim: Strategies for Outstanding Researcher Success“. The first blog in the series was “Learning O-pportunities: Strategies for
O-1 Success”
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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, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

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News from the Alliance of Business Immigration Lawyers Vol. 15, No. 5D • May 26, 2019

May 26, 2019/in Immigration Insider /by ABIL

Headlines:

1. Regulatory Agenda Includes Stripping Employment Eligibility From H-4 Spouses of H-1B Visa Holders, Other Actions -The agenda also includes a proposal to revise the definition of “specialty occupation” to “increase focus on obtaining the best and the brightest” foreign nationals via the H-1B program, revise the definition of “employment” and “employer-employee relationship” to “better protect U.S. workers and wages,” and add requirements to “ensure employers pay appropriate wages to H-1B visa holders.”

2. USCIS Accelerates Transition to Digital Immigration Processing, Announces I-539 Online Filing -As a first step, certain visitors for business, visitors for pleasure, and vocational students can now file Form I-539, Application to Extend/Change Nonimmigrant Status, online. Additional visa classifications are coming soon.

3. Texas Service Center to Begin Accepting Certain H-1B Petitions -The Texas Service Center has begun processing certain H-1B cap-exempt petitions requesting a change in previously approved employment or employer, concurrent employment, change of status to H-1B, and others.

4. USCIS Director Cissna Out Effective June 1 -According to reports, Ken Cuccinelli, former Virginia Attorney General, is at the top of the list of possible replacements.

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

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

7. Government Agency Links -Government Agency Links


Details:

1. Regulatory Agenda Includes Stripping Employment Eligibility From H-4 Spouses of H-1B Visa Holders, Other Actions

The Trump administration recently announced its spring 2019 regulatory agenda.

On the list for the Department of Homeland Security are proposals (not final yet), among others, to:

  • Revise the definition of “specialty occupation” to “increase focus on obtaining the best and the brightest” foreign nationals via the H-1B program, revise the definition of “employment” and “employer-employee relationship” to “better protect U.S. workers and wages,” and add requirements to “ensure employers pay appropriate wages to H-1B visa holders”
  • Increase monitoring and oversight of the EB-5 program and encourage investment in rural areas, including soliciting feedback on proposals for redefining components of the job creation requirement and defining conditions for regional center designations and operations
  • Remove employment eligibility for H-4 spouses of H-1B workers
  • Withdraw a regulatory provision stating that U.S. Citizenship and Immigration Services must grant or deny an asylum applicant’s application for employment authorization within 30 days
  • “Promote greater accountability in the application process for requesting employment authorization and…deter the fraudulent filing of asylum applications for the purpose of obtaining Employment Authorization Documents”
  • Raise fees for the Student and Exchange Visitor Program

Details: Announcement; Department of Homeland Security list; Department of State list

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2. USCIS Accelerates Transition to Digital Immigration Processing, Announces I-539 Online Filing

On May 22, 2019, U.S. Citizenship and Immigration Services (USCIS) announced a new strategy, eProcessing, to accelerate USCIS’s transition to a “digital business model.” USCIS said eProcessing “will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.”

  • As a first step, certain visitors for business, visitors for pleasure, and vocational students can now file Form I-539, Application to Extend/Change Nonimmigrant Status, online. Additional visa classifications are coming soon, USCIS said.
  • Included are single applicants (without co-applicants or legal/accredited representation) wishing to extend their stay who hold status as B-1 temporary visitors for business, B-2 temporary visitors for pleasure, F-1 academic students with a specific status expiration date, F-2 spouses or children of academic students with a specific expiration date, M-1 vocational students, and M-2 spouses or children of M-1 students.

Details: USCIS announcement re eProcessing; online I-539 filing; USCIS announcement re I-539 online filing

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3. Texas Service Center to Begin Accepting Certain H-1B Petitions

As of May 20, 2019, the Texas Service Center has begun processing certain H-1B cap-exempt petitions requesting a change in employer or previously approved employment, concurrent employment, change of status to H-1B, and others.

USCIS said that this does not include H-1B petitions for cap-exempt entities. The Texas Service Center will share this workload with the California Service Center, Vermont Service Center, and Nebraska Service Center. Starting July 19, 2019, USCIS may reject any of these petitions that are filed at the wrong service center.

Details: USCIS announcement; direct filing address for the I-29

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4. USCIS Director Cissna Out Effective June 1

On May 26, 2019, L. Francis Cissna, Director of U.S. Citizenship and Immigration Services (USCIS) since October 2017, submitted his resignation “at the request of the President,” effective June 1, 2019. In an email, Mr. Cissna thanked USCIS staff and said, “As an immigration law and policy professional dedicated to the rule of law like so many of you, I appreciate that this opportunity to serve was a unique experience.”

The move follows the ouster of other Department of Homeland Security (DHS) officials last month, including DHS Secretary Kirstjen Nielsen and Secret Service Director Randolph “Tex” Alles. A replacement for Mr. Cissna has not yet been announced. According to reports, Ken Cuccinelli, former Virginia Attorney General, is at the top of the list, and the move is part of a White House effort to go in a “tougher direction.”

Details: News reports, https://wapo.st/2VUj5Vv; https://www.cnn.com/2019/05/24/politics/l-francis-cissna-citizenship-and-immigration-services/index.html; https://www.vox.com/2019/4/10/18302221/trump-immigration-miller-asylum-dhs-fire-separate

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5. New Publications and Items of Interest

The Migration Policy Institute released several new publications in May 2019:

  • The Evolution of the Australian System for Selecting Economic Immigrants
  • Immigration-Related Policy Changes in the First Two Years of the Trump Administration
  • Noncitizens in the U.S. Military: Navigating National Security Concerns and Recruitment Needs
  • A Profile of Highly Skilled Mexican Immigrants in Texas and the United States

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

Alliance of Business Immigration Lawyers:

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

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

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

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

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases. The advisory is here.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

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6. ABIL Member / Firm News

Laura Devine Solicitors won several awards recently:

  • Immigration Law Firm of the Year award by Citywealth Magic Circle Awards. Details
  • Corporate Immigration Lawyer of the Year (Laura Devine) by Who’s Who Legal. Details
  • Commendation for immigration by The Times Best Law Firms. Details

Klasko Immigration Law Partners, LLP, announced that a new installment in its blog series, “Strategies for Success Series: Analyzing AAO Decisions,” is available now. The first blog in the series was “Learning O-pportunities: Strategies for
O-1 Success“; the third will be “To Extraordinary and Beyond,” available soon.

Cyrus Mehta and Rebekah Kim co-authored a new blog entry, “Questions Arising From Foreign Entity Changes After an L-1 Petition is Approved.”

Rodrigu Tannus has authored several new articles in Diario la Republica:

  • “Beneficios migratorios de acuerdos comerciales“
  • “Reforma migratoria en Colombia“

Stephen Yale-Loehr co-authored a new policy brief, “Noncitizens in the U.S. Military: Navigating National Security Concerns and Recruitment Needs,” published by the Migration Policy Institute (MPI). The report notes, among other things, that close to 8,000 noncitizens were in the active-duty U.S. Army in 2015, representing 1.6 percent of its enlisted force. The number of foreign-born service members is much higher, as it includes many who have gained U.S. citizenship since enlisting. Amid new Defense Department background check rules, thousands of noncitizens have been kept from going to basic training and beginning their military service. The report; An MPI announcement about the report; An MPI article on immigrant veterans in the United States

Mr. Yale-Loehr was quoted by Law360.com in “Trump Proposal Threatens Safeguards for Migrant Kids.” He noted that altering the decades-old Flores settlement agreement is one prong of Trump’s immigration reform proposal that he need not rely on Congress to achieve, and that it could be implemented if the proposed regulation is finalized: “Depending on the language, the final rule could attempt to implement President Trump’s efforts to deport immigrant children more quickly. The final rule will surely be challenged in court, however.” The article is available by registering here.

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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, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

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News from the Alliance of Business Immigration Lawyers Vol. 15, No. 5C • May 19, 2019

May 19, 2019/in Immigration Insider /by ABIL

Headlines:

 

  1. Trump Proposes Merit-Based Immigration Plan –

President Donald Trump proposed an immigration plan on May 16, 2019, that shifts the emphasis to a merit-based system to admit highly educated, high-skilled immigrants.

  1. USCIS Completes Data Entry for FY 2020 H-1B Cap-Subject (Lottery) Petitions –

USCIS announced that it has completed data entry for all FY 2020 H-1B lottery petitions selected, including those under the U.S. advanced degree exemption.

  1. Lawsuit Accuses USCIS of ‘Attack’ on IT Consulting –

The lawsuit notes that USCIS recently increased the processing times and percentage of requests for evidence sent on H-1B lottery petitions, and points to a disparity in adjudications and processing times for direct employers versus IT consulting firms.

  1. New Publications and Items of Interest –

New Publications and Items of Interest

  1. ABIL Member / Firm News –

ABIL Member / Firm News

  1. Government Agency Links –

Government Agency Links

 

 

Details:

Trump Proposes Merit-Based Immigration Plan

 

President Donald Trump proposed an immigration plan on May 16, 2019, that shifts the emphasis to a merit-based system to admit highly educated, high-skilled immigrants.

In a speech announcing the proposal on May 16, 2019, President Trump said the biggest change would be to “increase the proportion of highly skilled immigration from 12 percent to 57 percent,” and possibly higher. Immediate family of new U.S. citizens, defined as spouses and children, would go “right to the front of the line.”

President Trump also said the plan makes no change to the number of green cards allocated each year, but will “establish simple, universal criteria for admission to the United States,” to be accomplished by an “easy-to-navigate points-based selection system.” A would-be immigrant “will get more points for being a younger worker, meaning you will contribute more to our social safety net. You will get more points for having a valuable skill, an offer of employment, an advanced education, or a plan to create jobs,” he said.

Reaction to the proposed plan was mixed, according to reports. House Speaker Nancy Pelosi (D-CA) quickly proclaimed the plan “dead on arrival.” Sen. Chuck Schumer (D-NY), minority leader in the Senate, said the White House plan was “a political document that is anti-immigration reform.” Sen. Mitch McConnell (R-KY), majority leader, said he “look[s] forward to reviewing the President’s proposal.”

Details: Video and transcript

 

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USCIS Completes Data Entry for FY 2020 H-1B Cap-Subject (Lottery) Petitions

 

U.S. Citizenship and Immigration Services (USCIS) announced that it has completed data entry for all fiscal year 2020 H-1B lottery petitions, including those under the U.S. advanced degree exemption.

The agency will begin returning all unselected H-1B lottery petitions and will announce when notifications are completed. USCIS did not provide a specific timeframe but said, “We ask petitioners to wait to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition that we have returned.”

Details: USCIS announcement

 

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Lawsuit Accuses USCIS of ‘Attack’ on IT Consulting

 

A new lawsuit, ITServe Alliance v. USCIS, argues that U.S. Citizenship and Immigration Services (USCIS) is “trying to end the information technology consulting…business model.” Among other things, plaintiffs note that until recently, USCIS adjudicated initial H-1B (lottery) petitions in a relatively timely manner to allow for approvals on the requested start date of October 1. But in 2018 and 2019, the time the agency took to adjudicate an H-1B lottery petition grew to 9.5 to 12.5 months, despite the fact that Congress expected the agency to conclude H-1B adjudications within 30 days.

The lawsuit asks whether USCIS is relying on factors Congress had not intended the agency to consider when adjudicating H-1B visas filed by the IT consulting industry, and asserts that the dramatic increase in processing times “is the direct result of [USCIS’s]…attack on the IT Consulting community” through the agency’s informal adjudications and policy memos.

The lawsuit also notes that USCIS recently increased the processing times and percentage of requests for evidence sent on initial petitions, and points to a disparity in adjudications and processing times for direct employers versus IT consulting firms.

Details: Lawsuit

 

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New Publications and Items of Interest

 

CBP Officer’s Reference Tool documents. In response to a Freedom of Information Act request, portions of the U.S. Customs and Border Protection’s Officer’s Reference Tool (replacing the CBP Inspector’s Field Manual) have been released and are being posted on a rolling basis by the American Immigration Lawyers Association.

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

Alliance of Business Immigration Lawyers:

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

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

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

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

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases. The advisory is here.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

 

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ABIL Member / Firm News

 

Klasko Immigration Law Partners, LLP, announced a blog series, “Strategies for Success Series: Analyzing AAO Decisions.” The first blog, available now, is “Learning O-pportunities: Strategies for O-1 Success“; the second is “Sink OR Swim,” available May 22, 2019; and the third is “To Extraordinary and Beyond,” available May 29, 2019.

Angelo Paparelli has authored a new blog entry, “Immigration Haunting: Social Security Administration Resumes Issuing No-Match Notices.”

Stephen Yale-Loehr was quoted in various publications regarding President Trump’s legal immigration reform plan:

  • Time.com: “It would be a big departure from our current system. Right now two-thirds of all immigrants who are admitted are based on some kind of family characteristic.”
  • Daily Mail (UK)
  • Agence France Presse (AFP): many publications, including this article
  • Hindustan Times
  • Business Recorder
  • Business Insider

 

Back to Top

Government Agency Links

 

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

 

 

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-05-19 09:45:412019-09-03 09:56:15News from the Alliance of Business Immigration Lawyers Vol. 15, No. 5C • May 19, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 5B • May 12, 2019

May 12, 2019/in Immigration Insider /by ABIL

Headlines:

1. USCIS Clarifies Period of Authorized Stay for P-1S Essential Support Personnel of Individual Athletes -USCIS emphasizes that the periods of initial authorized stay are different for individual athletes (P-1A visa) and their essential support personnel (P-1S visa).

2. DHS Increases H-2B Cap for FY 2019 by 30,000 Additional Visas -The purpose of the rule is to aid U.S. businesses that are likely to suffer irreparable harm (permanent and severe financial loss) without the ability to employ all of the H-2B workers requested on their petitions before the end of FY 2019.

3. DHS Continues Documentation Validity for Beneficiaries of Nepal, Honduras TPS -DHS will not implement or enforce the decision to terminate temporary protected status for Honduras or Nepal pending resolution of an appeal, and will extend associated EADs.

4. USCIS Names Mark Koumans as New Deputy Director -Mr. Koumans, a career federal employee, has served since September 2015 in a number of executive positions at CBP.

5. President Trump Nominates Mark Morgan To Lead ICE -Mr. Morgan previously was chief of the U.S. Border Patrol in the last months of the Obama administration and a former agent of the Federal Bureau of Investigation.

6. OFLC Approves CW-1 Program Survey From CNMI Governor -OFLC approved the governor’s survey and started issuing CW-1 prevailing wage determinations using the survey wages for occupations covered by the governor’s survey.

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

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

9. Government Agency Links -Government Agency Links


 

Details:

 

1. USCIS Clarifies Period of Authorized Stay for P-1S Essential Support Personnel of Individual Athletes

 

U.S. Citizenship and Immigration Services (USCIS) has updated its Adjudicators Field Manual to emphasize that, under current regulations, the periods of initial authorized stay are different for individual athletes (P-1A visa) and their essential support personnel (P-1S visa).

The P-1S classification is for “Essential Support Personnel” who are an integral part of the performance of a P-1 individual athlete, and who perform support services that cannot be readily performed by a U.S. worker.

  • Under existing DHS regulations, P-1A individual athletes have an initial period of authorized stay of up to 5 years, while their P-1S essential support personnel have an initial authorized stay limited to the period of time necessary to complete the sporting event, but not to exceed 1 year.
  • USCIS also may authorize visa extension petitions for P-1S essential support personnel for a period necessary to complete the event, not to exceed 5 years, for a total period of stay not to exceed 10 years.

Details: USCIS announcement; USCIS policy alert; P-1A Internationally Recognized Athlete page

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2. DHS Increases H-2B Cap for FY 2019 by 30,000 Additional Visas

 

A temporary rule jointly issued by the Departments of Homeland Security (DHS) and Labor (DOL), effective May 8, 2019, increases the H-2B cap for fiscal year (FY) 2019 by 30,000. The H-2B visa permits a foreign worker to fill temporary nonagricultural jobs in the United States. The purpose of the rule is to aid U.S. businesses that are likely to suffer irreparable harm (permanent and severe financial loss) without the ability to employ all of the H-2B workers requested on their petitions before the end of FY 2019.

Among other terms and conditions, the temporary rule requires:

  • For this one-time increase, any H-2B workers falling under this cap increase are limited to returning workers who were “issued an H-2B visa or otherwise granted H-2B status in FY 2016, 2017, or 2018.”
  • If an employer submits a request to DHS for an H-2B visa more than 45 days after the start date of work listed on the temporary labor certification, the employer would be required to conduct a “fresh round of recruitment” for U.S. workers.

Details: DHS/DOL rule; USCIS announcement with links to forms

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3. DHS Continues Documentation Validity for Beneficiaries of Nepal, Honduras TPS

 

The Department of Homeland Security (DHS) announced that it will not implement or enforce the decision to terminate temporary protected status (TPS) for Honduras or Nepal pending resolution of an appeal in Ramos v. Nielsen or other order of the court, and as required by the order in Bhattarai v. Nielsen.

Beneficiaries under these TPS designations will retain their TPS for a temporary period, provided they remain eligible otherwise.

  • Beneficiaries under these TPS designations will retain their TPS for a temporary period, provided they remain eligible otherwise.
  • DHS further announced that it is automatically extending through March 24, 2020, the validity of related employment authorization documents (EADs) and other related documentation for eligible beneficiaries under the TPS designation for Nepal.
  • The TPS designation for Honduras remains in effect through January 5, 2020.

Details: USCIS announcement; Federal Register notice

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4. USCIS Names Mark Koumans as New Deputy Director

 

U.S. Citizenship and Immigration Services (USCIS) announced on May 10, 2019, that Mark Koumans is the agency’s new Deputy Director, effective May 13.

Mr. Koumans, a career federal employee, has served since September 2015 in a number of executive positions at U.S. Customs and Border Protection (CBP). He replaces Tracy Renaud, who has served as USCIS Acting Deputy Director since March 2018. Renaud will return to her previous position as the Associate Director of the Management Directorate. Mr. Koumans previously served for eight years as a Deputy Assistant Secretary in the Department of Homeland Security Office of Policy. Before that, he was a member of the U.S. Foreign Service for 17 years.

Details: USCIS announcement

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5. President Trump Nominates Mark Morgan To Lead ICE

 

In a tweet, President Donald Trump named Mark Morgan to head U.S. Immigration and Customs Enforcement (ICE): “I am pleased to inform all of those that believe in a strong, fair and sound Immigration Policy that Mark Morgan will be joining the Trump Administration as the head of our hard working men and women of ICE. Mark is a true believer and American Patriot. He will do a great job!” Mr. Morgan’s appointment must be confirmed by the Senate.

Mr. Morgan previously was chief of the U.S. Border Patrol in the last months of the Obama administration and a former agent of the Federal Bureau of Investigation. He has publicly stated that he backs President Trump’s border wall, among other policies.

Details: Trump tweet announcing Mr. Morgan’s nomination; news articles on Mr. Morgan’s opinions, Washington Post; Epoch Times

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6. OFLC Approves CW-1 Program Survey From CNMI Governor

 

The Department of Labor’s Office of Foreign Labor Certification (OFLC) recently received and approved a CW-1 wage survey from the governor of the Commonwealth of the Northern Mariana Islands (CNMI) covering 84 occupations. OFLC approved the governor’s survey and started issuing CW-1 prevailing wage determinations on May 9, 2019, using the survey wages for occupations covered by the governor’s survey.

Details: OFLC announcement (May 9, 2019); CW-1 program page

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7. New Publications and Items of Interest

 

CBP Officer’s Reference Tool documents. In response to a Freedom of Information Act request, portions of the U.S. Customs and Border Protection’s Officer’s Reference Tool (replacing the CBP Inspector’s Field Manual) have been released and are being posted on a rolling basis by the American Immigration Lawyers Association.

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

Alliance of Business Immigration Lawyers:

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

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

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

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

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases. The advisory is here.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

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8. ABIL Member / Firm News

 

Dagmar Butte was quoted by Wired in “Visa Rejections for Tech Workers Spike Under Trump.” Ms. Butte said she began noticing a spike in denials shortly after President Trump took office. In 2017, she said, she filed numerous applications on behalf of one IT client, only to have them all rejected, a first in her nearly three-decade career. “I thought: Did I suddenly get stupid?”, she said. In her experience, the article notes, the H-1B visa holders who have been hardest hit are systems analysts and quality assurance analysts employed through outsourcing firms. These applicants are increasingly being told that their jobs are not considered specialized, although those determinations appear to be applied unevenly, she noted. In one instance, she filed 16 applications for systems analysts; all had the same expertise and educational attainment but two were denied. Ms. Butte noted that it would have been dangerous to challenge the denials on the basis that other similarly skilled applicants were approved. “If I were to point that out, they would not approve the two denied cases; they would just reopen and deny the 14 approved cases,” she noted, adding that this has happened to some of her firm’s clients. “When the denials come, it’s devastating. They leave everything behind.” The article

Ronald Klasko, of Klasko Immigration Law Partners, LLP, has authored a new blog entry on the immigration law ramifications of unlawful presence litigation. A positive development in unlawful presence litigation occurred this week when Judge Loretta C. Biggs rejected the government’s Motion to Dismiss. Her decision also enjoins the implementation of USCIS’s unlawful presence policy issued on August 9, 2018, nationwide because of the “likelihood of success” of the plaintiffs’ challenges. Mr. Klasko, co-counsel and an immigration subject matter expert on this litigation, provides background on the issue, the ramifications of this decision, and what it means for affected institutions and foreign nationals. Additionally, he examines the nationwide impact of this decision and what that means for a litigation strategy on other issues of significant importance. The blog

Cyrus Mehta has authored a new blog entry, “Judge Issues Nationwide Preliminary Injunction in Unlawful Presence Case: What Does the Injunction Mean for Current F, J, and M Nonimmigrants?”

David Isaacson, of Cyrus D. Mehta & Partners PLLC, has authored a new blog entry, “Challenges to Expedited Removal Orders Against Returning Nonimmigrants: How Recent Case Law Supports Habeas Petitions Even After Removal.”

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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, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-05-12 09:41:222019-09-03 09:45:33News from the Alliance of Business Immigration Lawyers Vol. 15, No. 5B • May 12, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 5A • May 05, 2019

May 05, 2019/in Immigration Insider /by ABIL

Headlines:

1. SSA Resumes Issuing No-Match Letters -The Social Security Administration has resumed mailing notifications to employers identified as having at least one name and Social Security Number combination submitted on the wage and tax statement (Form W-2) that do not match SSA’s records. A no-match letter is not necessarily an indication that a person is unauthorized to work in the United States.

2. USCIS and CBP Extend I-129 Pilot Program to Canadian L-1 Nonimmigrants -The pilot program allows Canadian citizens to request that USCIS adjudicate their employer’s individual L-1 petition, or petition based on blanket L petition, before their arrival or when they arrive at the Blaine, Washington, port of entry.

3. Enforcement of Unlawful Presence Memo Targeting International Students Temporarily Blocked by Federal Judge -A federal judge issued a nationwide order requiring USCIS to temporarily suspend the enforcement of a policy under which F-1/M-1 students and J-1 exchange visitors would begin to accrue unlawful presence as soon as they violate the terms of their visa status.

4. USCIS Expands Fee Payment Changes to Additional Field Offices -The offices no longer accept payments in the form of a cashier’s check or money order.

5. ABIL Global: Corporate Immigration for U.S. Citizens to Colombia -Colombia has been facilitating migration processes in recent years to encourage individuals from different countries to do business and make investments in Colombia. With the increase of foreigners, Colombia’s Ministry of Foreign Affairs has created immigration statuses to allow them to stay and/or engage in various types of activities.

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. SSA Resumes Issuing No-Match Letters

 

In March 2019, the Social Security Administration (SSA) resumed mailing notifications to employers identified as having at least one name and Social Security Number (SSN) combination submitted on the wage and tax statement (Form W-2) that do not match SSA’s records. The purpose of the letter is to advise employers that corrections are needed.

A no-match letter is not necessarily an indication that a person is unauthorized to work in the United States. SSA noted that there are a number of reasons why reported names and SSNs may not agree with SSA’s records, such as typographical errors, unreported name changes, and inaccurate or incomplete employer records.

Details: SSA information for employers; sample response forms

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2. USCIS and CBP Extend I-129 Pilot Program to Canadian L-1 Nonimmigrants

 

U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) announced that they are extending the joint agency pilot program for Canadian citizens seeking L-1 visa status under the North American Free Trade Agreement (NAFTA) through April 30, 2020.

The pilot program allows Canadian citizens to request that USCIS adjudicate their employer’s individual L-1 petition, or petition based on blanket L petition, before their arrival or when they arrive at the Blaine, Washington, port of entry.

Details: USCIS announcement

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3. Enforcement of Unlawful Presence Memo Targeting International Students Temporarily Blocked by Federal Judge

 

On May 3, 2019, a federal judge issued a nationwide order requiring USCIS to temporarily suspend the enforcement of a policy under which F-1/M-1 students and J-1 exchange visitors would begin to accrue unlawful presence as soon as they violate the terms of their visa status.

Students who violate their visa status (and therefore are unlawfully present in the United States) for a certain period of time may trigger a 3- or 10-year entry bar when they leave the country.

For now, this order is encouraging news for affected students because they can rely on the prior USCIS policy of their accruing unlawful presence only after the agency or an immigration judge makes such a finding.

This order stems from a lawsuit brought by a number of universities/colleges, challenging that USCIS’ policy memo is unlawful because, among other reasons, the agency did not go through the proper rulemaking process.

Details: Preliminary injunction issued by Federal District Court; August 2018 USCIS unlawful presence memo

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4. USCIS Expands Fee Payment Changes to Additional Field Offices

 

In recent months, U.S. Citizenship and Immigration Services (USCIS) has announced an expansion of fee payment changes to additional field offices. Those offices now only accept payments in the form of a personal check, attorney check, business check, debit card, credit card, or reloadable prepaid credit or debit card. The offices no longer accept payments in the form of a cashier’s check or money order. USCIS said the changes are intended to “increase transaction security and reduce processing errors.”

Details: USCIS notices listing the affected field offices: https://www.uscis.gov/forms/uscis-updates-fee-payment-system-used-field-offices, https://www.uscis.gov/news/news-releases/uscis-updates-fee-payment-system-used-field-offices, https://www.uscis.gov/news/alerts/fee-payment-changes-two-uscis-los-angeles-field-offices

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5. ABIL Global: Corporate Immigration for U.S. Citizens to Colombia

 

Colombia has been facilitating migration processes in recent years to encourage individuals from different countries to do business and make investments in Colombia. With the increase of foreigners, Colombia’s Ministry of Foreign Affairs has created immigration statuses to allow them to stay and/or engage in various types of activities.

U.S. nationals may enter Colombia with an entry and stay permit (PIP), which is granted for 90 days and may be extended for another 90 days. This permit is obtained upon entering Colombia and is granted to those foreign individuals who wish to attend conferences or meetings, assist in trainings, participate in job interviews, or provide urgent technical assistance.

When the activities to be performed in Colombia take longer than 180 days or require specific conditions such as concluding a local contract, U.S. nationals may request a visa, which will authorize the person to enter and remain for up to 2 or 3 years in the national territory depending on the type of visa. When a visa is required for a stay of more than 180 days and the activities to be performed are business-related, the foreign national can opt for a business visitor visa. If the foreign national will be working in Colombia, a local contract likely will be required to obtain a migrant work visa. A foreign individual interested in obtaining an investment visa must make a foreign direct investment of 100 to 600 times the Colombian monthly legal minimum wage, which means approximately $26,000 to $174,000 USD.

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6. New Publications and Items of Interest

 

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

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

Alliance of Business Immigration Lawyers:

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

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

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

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

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases. The advisory is here.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

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7. ABIL Member / Firm News

 

In Chambers USA 2019, a guide to leading lawyers in the United States:

  • 25 ABIL lawyers were ranked in the top bands
  • ABIL lawyers represent half of the top-ranked (“Band 1”) attorneys in immigration

This means that an ABIL lawyer is over 15 times more likely to be ranked in the top band than the average immigration attorney.

More information

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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, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-05-05 09:37:162019-09-03 09:40:55News from the Alliance of Business Immigration Lawyers Vol. 15, No. 5A • May 05, 2019

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

April 28, 2019/in Immigration Insider /by ABIL

Headlines:

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

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

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

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

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

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

7. Government Agency Links -Government Agency Links


Details:

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

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

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

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

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

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

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

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

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

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

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

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3. President Issues Memo on Combating Nonimmigrant Overstay Rates

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

Among other things, the memo states:

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

Details: Presidential memo

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4. USCIS Ending Forms Request Line June 1

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

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

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

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5. New Publications and Items of Interest

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

Alliance of Business Immigration Lawyers:

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

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

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

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

Advisories and tips:

  • Community Advisory: Social Media, Criminalization, and Immigration has been published by the National Lawyers Guild’s National Immigration Project. This advisory summarizes ways in which immigration agents may use social media against those in removal proceedings or involved in criminal cases. The advisory is here.
  • How to safeguard your data from searches at the border is the topic of several recent articles and blogs. See, for example, NYTimes and ACLU.
  • Listings and links to cases challenging executive orders, and related available pleadings, are available at lawfareblog.com.

Back to Top


6. ABIL Member / Firm News

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

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

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

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

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

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

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

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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, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

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News

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  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9D • September 22, 2019
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9C • September 15, 2019
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