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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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.

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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.

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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

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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

Back to Top

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.

2. 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.

3. 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.

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:

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

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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

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

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