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

April 21, 2019/in Immigration Insider /by ABIL

Headlines:

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

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

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

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

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

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

7. ABIL Member / Firm News -ABIL Member / Firm News

8. Government Agency Links -Government Agency Links


Details:

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

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

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

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

Details: Visa Bulletin for May 2019; USCIS announcement

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

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

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

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

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

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

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

Details: Final rule

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

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

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

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

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

Details: Matter of M-S-

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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

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

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

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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 ABIL2019-04-21 09:26:142019-09-03 09:33:05News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4D • April 21, 2019

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

April 12, 2019/in Immigration Insider /by ABIL

Headlines:

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

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

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

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


Details:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Details: Federal Register notice

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-04-12 13:06:242019-04-15 13:09:56News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4C • April 14, 2019

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

April 08, 2019/in Immigration Insider /by ABIL

Headlines:

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

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

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

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

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

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

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

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

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

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

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


Details:

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

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

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

Details: USCIS news alert

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

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

Details: Study

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

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

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

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

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

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

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

Details: Settlement agreement; DOJ media release

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

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

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

Details: Statement from Consulate General of Brazil; related alert

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6. USCIS Proposes to Revise Fee Waiver Requirements

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

Details: Federal Register notice

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

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

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

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

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

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

Details: USCIS teleconference summary

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

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

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

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

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

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10. New Publications and Items of Interest

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

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

Alliance of Business Immigration Lawyers:

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

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

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

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

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

Advisories and tips:

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

Back to Top


11. ABIL Member / Firm News

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

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

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

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

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

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

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12. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-04-08 13:11:562019-04-15 13:17:22News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4B • April 08, 2019

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

April 01, 2019/in Immigration Insider /by ABIL

Headlines:

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

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

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

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

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

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

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

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

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

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

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

12. Government Agency Links -Government Agency Links


Details:

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

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

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

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

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

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

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

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

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

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

More details are available

NAICS information and codes

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

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

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

The bulletin

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

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

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

The April 2019 Visa Bulletin

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4. USCIS Updates Filing Addresses for Nonimmigrant Worker Petitions

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

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

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

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

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

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6. Self Check Now Requires myE-Verify Account

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

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

More on E-Verify

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

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

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

More information

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8. Five Arrested in Chinese Student Visa Scheme

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

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

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

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

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

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

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

More details

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9. Trump Administration Announces ‘Trexit’

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

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

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10. New Publications and Items of Interest

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

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

Alliance of Business Immigration Lawyers:

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

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

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

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

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

Advisories and tips:

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

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11. ABIL Member / Firm News

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

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

The CNN article

Details about the case

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

The Houston Chronicle article

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12. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-04-01 13:18:432019-04-15 13:23:59News from the Alliance of Business Immigration Lawyers Vol. 15, No. 4A • April 01, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 3B • March 15, 2019

March 15, 2019/in Immigration Insider /by ABIL

Headlines:

1. Trump Administration Plans to Close USCIS International Operations -USCIS Director L. Francis Cissna told senior staff that the agency’s International Operations Division, which operates in more than 20 countries, will be closed down. The duties of those offices will be transferred to U.S. embassies and consulates and to domestic U.S. offices.

2. USCIS Resumes Premium Processing for All H-1B Petitions -USCIS has resumed premium processing for all H-1B petitions as of March 12, 2019. All H-1B petitions may be upgraded to premium processing or filed originally with a request for premium processing.

3. USCIS Releases Notes on H-1B Filing Tips and RFEs -USCIS discussed five common reasons for RFEs on H-1B petitions, among other things, at a March teleconference.

4. Europe to Require Authorization of U.S. Travelers, Not Visas, for Short-Term Travel -Recent news reports erroneously stated that starting in 2021, visas would be required of U.S. travelers entering Europe. In fact, pre-travel automated screening and authorization, but not visas, will be required to check for “security and migration risks” for those benefiting from visa-free access to Schengen area countries, according to the European Commission.

5. SSA Announces New Travel and Border Crossing Records System -The Social Security Administration has announced a new “Travel and Border Crossing Records” system. The new system will collect information about applicants, beneficiaries, and recipients under Titles II, XVI, and XVIII who have had absences from the United States.

6. TPS Designation Extended for South Sudan -The 18-month extension permits current beneficiaries under South Sudan’s TPS designation to re-register for TPS and remain in the United States with work authorization through November 2, 2020.

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. Trump Administration Plans to Close USCIS International Operations

According to reports, the Trump administration plans to close international U.S. Citizenship and Immigration Services (USCIS) offices by the end of 2019. USCIS Director L. Francis Cissna told senior staff that the agency’s International Operations Division, which operates in more than 20 countries, will be closed down. The duties of those offices will be transferred to U.S. embassies and consulates and to domestic U.S. offices and the Department of State (DOS), if DOS agrees. USCIS personnel staffing those offices will return to the United States.

DOS said if it reaches such an interagency agreement, “we anticipate a smooth transition and continued efficient processing of USCIS-related work at all of our missions overseas.” DOS has more than 200 posts worldwide.

Director Cissna said in an email to staff that the closures will “better leverage our funds to address backlogs in the United States while also leveraging existing [DOS] resources at post.” He noted that change “can be difficult and can cause consternation. I want to assure you we will work to make this as smooth a transition as possible for each of our USCIS staff while also ensuring that those utilizing our services may continue to do so and our agency operations continue undisrupted.

In addition to helping people apply for immigration benefits, these offices provide assistance in such tasks as helping U.S. citizens and lawful permanent residents, including military personnel abroad, bring family members to the United States or help them apply for U.S. citizenship; international adoptions; refugee resettlement; and immigration fraud investigations.

According to the International Operations (IO) Division’s website, the division’s work includes reuniting families, enabling adoptive children to come to join permanent families in the United States, considering parole requests from individuals outside the United States for urgent humanitarian reasons or significant public benefit, and providing information services and travel documents to people around the world, including those with unique needs and circumstances. “Operating in a dynamic global environment with constantly changing political, cultural, environmental, and socio-economic contexts, IO has approximately 240 employees located in the U.S. and in three international districts composed of 24 field offices in 21 countries. Our employees are highly diverse and include foreign nationals in addition to U.S. citizens; foreign nationals make up more than half of the IO staff working abroad and approximately one-third of all IO employees.”

Immigration advocates expressed concerns about further discouraging immigrants and disengaging the United States from the rest of the world. Barbara Strack, former chief of USCIS’ Refugee Affairs Division, said the closures would “throw [the legal immigration system] into chaos around the world.” She warned that the move would “smack all government employees abroad, including folks in the military, who have a foreign spouse or kids they are trying to bring to the U.S. legally.”

More information about IO

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2. USCIS Resumes Premium Processing for All H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B petitions as of March 12, 2019. All H-1B petitions may be upgraded to premium processing or filed originally with a request for premium processing.

In recent years, USCIS has discontinued premium processing for H-1B cap cases in April to allow sufficient time for application of the lottery and receipting-in of selected petitions. Last year, the agency extended the suspension of premium processing well beyond the cap filing season and expanded the suspension to include most H-1B petitions.

In January 2019, premium processing was restored for FY 2019 cap-subject petitions that were filed in April 2018 and remained pending. In February, USCIS resumed premium processing for non-cap H-1B petitions filed before December 21, 2018. Now USCIS has restored premium processing for all H-1B petitions.

It is not clear whether the agency will continue premium processing for all H-1B petitions once H-1B cap petitions are filed in the first week of April. It is possible that USCIS could discontinue premium processing again for H-1B cap petitions or even other types of petitions.

To request an upgrade to premium processing for pending petitions that have received a Request for Evidence (RFE), petitioners should include their request for premium processing, along with the required fee, when submitting the response to the RFE. The USCIS filing fee for premium processing is $1,410, which guarantees action on the petition within 15 calendar days of USCIS’s receiving the request. If USCIS does not take adjudicative action within the 15-day window, the agency refunds the petitioner’s premium processing fee and continues with expedited processing of the petition.

Those who received a transfer notice for a pending H-1B petition and are requesting premium processing service must submit the premium processing request to the service center now handling the petition. They should also include a copy of the transfer notice with the premium processing request to avoid possible delays. If the petition was transferred and the petitioner sends the premium processing request to the wrong center, USCIS will forward it to the petition’s current location. However, the premium processing “clock” will not start until the premium processing request has been received at the correct center.

The USCIS notice, which includes additional details about where to send premium processing requests in the event of a transfer

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3. USCIS Releases Notes on H-1B Filing Tips and RFEs

U.S. Citizenship and Immigration Services (USCIS) has released the official minutes from its teleconference on “H-1B Filing Tips and Requests for Evidence (RFEs),” held March 7, 2019.

Among other things, USCIS discussed five common reasons for RFEs on H-1B petitions:

  1. Evidence demonstrating that the offered position qualifies as a specialty occupation;
  2. Whether the labor condition application properly corresponds to the proffered position in the petition;
  3. Evidence of the employer-employee relationship and qualifying work;
  4. Evidence of the beneficiary’s qualifications; and

The minutes

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4. Europe to Require Authorization of U.S. Travelers, Not Visas, for Short-Term Travel

Recent news reports erroneously stated that starting in 2021, U.S. citizens traveling to Europe will need visas. In fact, pre-travel automated screening and authorization, but not visas, will be required to check for “security and migration risks” for those benefiting from visa-free access to Schengen area countries, according to the European Commission (EC). The “European Travel Information and Authorisation System” (ETIAS) will cross-check visa-exempt travelers, including those from the United States, against European information systems for borders, security, and migration. The automated check is expected to take “minutes” in most cases. The application fee is expected to be about $8.

An EC fact sheet states that an ETIAS travel authorization does not reintroduce visa-like obligations. There is no need to go to a consulate to make an application, no biometric data are collected, and significantly less information is gathered than during a visa application procedure. As a general rule, a Schengen visa procedure can take up to 15 days, and can in some cases be extended up to 30 or 60 days, but the online ETIAS application “only takes a few minutes to fill in. The validity will be for a period of three years, significantly longer than the validity of a Schengen visa. An ETIAS authorisation will be valid for an unlimited number of entries,” the EC states. U.S. travelers staying in Europe for more than 90 days must have a visa.

The Schengen area includes 26 of the 28 European Union (EU) countries, and a few non-EU countries.

A list of countries in the Schengen area

The European Commission’s statement

Additional details

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5. SSA Announces New Travel and Border Crossing Records System

The Social Security Administration (SSA) has announced a new “Travel and Border Crossing Records” system. The new system will collect information about applicants, beneficiaries, and recipients under Titles II, XVI, and XVIII who have had absences from the United States.

The SSA noted that currently, the agency relies on individuals to self-report their foreign travel. Often, the SSA said, it does not receive these reports or receives them untimely, which results in improper payments. For example, the SSA noted, in general, it suspends Title II benefits to aliens who remain outside of the United States for more than six consecutive calendar months. It generally suspends Title II benefits to both U.S. citizens and non-U.S. citizens who travel to a country where payment is restricted by the United States. Additionally, the SSA suspends Title XVI payments to both citizen and noncitizen recipients who are outside of the United States for a full calendar month or 30 consecutive days or longer. With regard to Title XVIII, the SSA plans to collect this information to make decisions on Medicare entitlement claims and to make determinations on physical presence in the United States.

The SSA notice

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6. TPS Designation Extended for South Sudan

Secretary of Homeland Security Kirstjen M. Nielsen announced on March 8, 2019, the extension of the temporary protected status (TPS) designation for South Sudan for an additional 18 months due to the ongoing armed conflict and “extraordinary and temporary conditions” that support the extension.

There are 84 South Sudan TPS beneficiaries, according to Secretary Nielsen. This 18-month extension of South Sudan’s designation for TPS permits current beneficiaries under South Sudan’s TPS designation to re-register for TPS and remain in the United States with work authorization through November 2, 2020. (The last day of the most recent previous extension is May 2, 2019.) To be eligible for TPS under South Sudan’s current designation, along with meeting the other eligibility requirements, individuals must have continuously resided in the United States since January 25, 2016, and have been continuously physically present in the United States since May 3, 2016.

Secretary Nielsen’s statement

Additional details and official re-registration information will be posted

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7. New Publications and Items of Interest

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

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

Alliance of Business Immigration Lawyers:

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

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

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

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

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

Advisories and tips:

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

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8. ABIL Member / Firm News

Dagmar Butte will be speaking at the following events:

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

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

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

Cyrus Mehta has authored several new blog entries: “The Best Way for Trump to Offer “Love and Sympathy’ is to Repeal the Muslim Ban,” “Advancing a ‘Social Group Plus’ Claim After Matter of A-B-,” and “Trump Administration Imposes Another Unnecessary Obstacle: USCIS to Issue New Version of Form I-539 and New I-539A on March 8.”

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

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

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

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

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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

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 ABIL2019-03-15 13:24:182019-04-15 13:28:18News from the Alliance of Business Immigration Lawyers Vol. 15, No. 3B • March 15, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 3A • March 01, 2019

March 01, 2019/in Immigration Insider /by ABIL

Headlines:

1. Trump Administration Moves Ahead on Reversing H-4 EADs -On February 20, 2019, the Trump administration sent a proposed rule to the Office of Management and Budget (OMB) for review that would halt work authorization for H-4 spouses of H-1B visa holders in the United States.

2. Premium Processing Resumes for H-1B Petitions Filed by December 21 -USCIS has resumed premium processing for all H-1B petitions filed on or before December 21, 2018.

3. Trump Administration Increases Scrutiny, RFEs for H-1B Petitions -According to statistics released by USCIS, the percentage of H-1B cases with requests for evidence has greatly increased.

4. USCIS to Issue New Version of Form I-539 and New I-539A on March 8 -USCIS has announced that the revised Form I-539, Application to Extend/Change Nonimmigrant Status, and new Form I-539A, will be published on March 8, 2019, not March 11 as previously reported. USCIS will accept the old form through March 21.

5. House Representatives Send USCIS Inquiry re “Alarming Growth in Processing Delays” -Eighty-six Democratic members of the House of Representatives sent a letter to the USCIS Director expressing their “grave concerns about the alarming growth in processing delays” and requesting “prompt and detailed” responses to a series of related questions.

6. March Visa Bulletin Shows Progress -The Department of State’s Visa Bulletin for March 2019 shows modest progress for EB-1 for all chargeability areas as well as EB-2 for China and India; EB-3 and Other Workers China, India, and the Philippines; and EB-5 China and Vietnam, with the remainder of the priority dates remaining Current.

7. H-2B Cap Reached for FY 2019 -February 19, 2019, was the final receipt date for new cap-subject H-2B temporary nonagricultural worker petitions requesting an employment start date before October 1, 2019.

8. USCIS Closing Moscow Field Office; U.S. Embassy in Moscow Moves Visa Unit -Due to “a significant decrease in workload,” USCIS will permanently close its field office in Moscow, Russia, on March 29, 2019. The last day the office was open to the public and accepting applications was February 28, 2019. Also, the Visa Unit of the U.S. Embassy in Moscow has moved to a new location.

9. ABIL Global: Peru -This article provides an update on eased requirements for approval of employment contracts of foreign workers in Peru.

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

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

12. Government Agency Links -Government Agency Links


Details:

1. Trump Administration Moves Ahead on Reversing H-4 EADs

On February 20, 2019, the Trump administration sent a proposed rule to the Office of Management and Budget (OMB) for review that would halt work authorization for H-4 spouses of H-1B visa holders in the United States. If OMB approves, the administration is expected to move forward with the regulatory process, including publication of the proposed rule in the Federal Register and requesting public comments. Publication of a final rule could take months, and new legislation or lawsuits could have an impact. It is also unclear whether the more than 90,000 current H-4 spouses with work authorization, mostly women from India, will be exempted from the final rule. Historically, in similar situations, the Department of Homeland Security (DHS) has allowed current EADs to expire. As of now, H-4 visa holders can still apply for and work under H-4 EADs.

According to information DHS filed with OMB, “DHS anticipates that there would be two primary impacts [of the rule] that DHS can estimate and quantify: the cost-savings accruing to forgone future filings by certain H-4 dependent spouses, and labor turnover costs that employers of H-4 workers could incur when their employees’ EADs [employment authorization documents] are terminated. Some U.S. workers would benefit from this proposed rule by having a better chance at obtaining jobs that some of the population of the H-4 workers currently hold, as the proposed rule would no longer allow H-4 workers to enter the labor market early.”

The Trump administration has long vowed to rescind the H-4 work authorization program, which has allowed certain H-4 spouses to apply for EADs since 2015. It is unclear what prompted the sudden move forward with the rule, after a long delay. In December, the D.C. Circuit Court of Appeals allowed a lawsuit against the H-4 program to proceed. That case was filed by “Save Jobs USA,” a group of technology workers who say the H-4 program takes away jobs from U.S. workers. Natalie Tynan, a former DHS employee, said, “In general from an agency’s perspective, the agency prefers to issue its regulations rather than have the courts opine on what the regulations should say. So any opportunity to moot out litigation is a positive one for the agency.”

Details on the proposed rule

The OMB notice

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2. Premium Processing Resumes for H-1B Petitions Filed by December 21

U.S. Citizenship and Immigration Services (USCIS) announced that it has resumed premium processing for all H-1B petitions filed on or before December 21, 2018.

Those who received a transfer notice for a pending H-1B petition and are requesting premium processing service must submit the premium processing request to the USCIS service center now handling the petition. They should also include a copy of the transfer notice with the premium processing request to avoid possible delays, USCIS said. Additionally, those who received a request for evidence (RFE) for a pending petition should also include the RFE response with the premium processing request. If the petition was transferred and the premium processing request is sent to the wrong center, USCIS said it will forward it to the petition’s current location. However, the premium processing clock will not start until the premium processing request has been received at the correct center.

USCIS noted that when an H-1B petitioner properly requests the agency’s premium processing service, the agency guarantees a 15-day processing time. “If we do not take certain adjudicative action within the 15?calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition,” USCIS said.

A previously announced temporary suspension of premium processing remains in effect for H-1B petitions to which it applied that were filed on or after December 22, 2018. On January 28, 2019, USCIS resumed premium processing for FY 2019 cap-subject petitions, including those eligible for the advanced degree exemption. USCIS said it plans to resume premium processing for the remaining categories of H?1B petitions “as agency workloads permit.”

The USCIS announcement, which includes instructions on where to send a premium processing request if USCIS has transferred the petition

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3. Trump Administration Increases Scrutiny, RFEs for H-1B Petitions

According to statistics released by U.S. Citizenship and Immigration Services, the percentage of H-1B cases with requests for evidence (RFEs) has greatly increased. In the first quarter of fiscal year (FY) 2017, the rate of H-1B RFEs was less than 30%. In the first quarter of FY 2019, that rate skyrocketed to 60%. At the same time, the percentage of H-1B completions with an RFE that were approved has fallen, from almost 80% in the first quarter of FY 2017 to about 60% in the first quarter of FY 2019.

Approval rates were much higher for certain large companies; Apple, Facebook, Google, Intel, and Microsoft reportedly all had 99% approval rates; Amazon and Cisco had a 98% approval rate.

According to reports, a frequent reason for the RFEs was asking companies to prove that the offered job was in a “specialty occupation.” Other questions related to valid employer-employee relationships and specific assignments. Numerous lawsuits have been filed in federal court challenging recent H-1B denials.

The USCIS statistics

An article about several lawsuits is available

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4. USCIS to Issue New Version of Form I-539 and New I-539A on March 8

U.S. Citizenship and Immigration Services (USCIS) has announced that the revised Form I-539, Application to Extend/Change Nonimmigrant Status, and new Form I-539A, will be published on March 8, 2019, not March 11 as previously reported. USCIS will accept the old form through March 21.

Form I-539 is used for a variety of application types, including:

  • Certain nonimmigrant applications for an extension of stay
  • Certain nonimmigrant applications for a change of status
  • Reinstatement for F-1 and M-1 students

USCIS has expanded the scope of information to be gathered and will change the filing and adjudication requirements. The revised Form I-539 includes the following significant changes:

  • Every co-applicant included on the primary applicant’s Form I-539 must submit and sign a separate Form I-539A. Parents or guardians may sign on behalf of children under 14 or any co-applicant who is not mentally competent to sign.
  • Every applicant and co-applicant must pay an $85 biometric services fee, except certain A, G, and NATO nonimmigrants as noted in the new Form I-539 instructions.
  • Every applicant and co-applicant will receive a biometric services appointment notice, regardless of age, containing their individual receipt number. The biometric services appointments will be scheduled at the Application Support Center (ASC) closest to the primary applicant’s address. Co-applicants who wish to be scheduled at a different ASC location should file a separate Form I-539.

USCIS said it will reject any Form I-539 that is missing any of the required signatures or biometrics fees, including those required for Form I-539A.

The USCIS announcement

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5. House Representatives Send USCIS Inquiry re “Alarming Growth in Processing Delays”

Eighty-six Democratic members of the House of Representatives sent a letter on February 12, 2019, to U.S. Citizenship and Immigration Services (USCIS) Director Lee Francis Cissna, expressing their “grave concerns about the alarming growth in processing delays” at USCIS and requesting “prompt and detailed” responses to a series of related questions. “Clearly, policy changes implemented by the current administration in 2017 and 2018 have increasingly shifted the agency away from its service-oriented mission,” the letter states. “Rather than continuing to seek ways to simplify and streamline its benefit-delivery systems, USCIS now appears more focused on erecting barriers to the benefits it administers, including by significantly delaying adjudications.”

The letter notes that as of the end of fiscal year (FY) 2017, the Department of Homeland Security reported a net backlog of more than 2.3 million USCIS cases, which was more than double the backlog reported after FY 2016.

The letter asks for responses to questions about, among other things, the causes of the backlog; the use of “extreme vetting”; USCIS’s reversal of longstanding guidance on deference toward prior determinations regarding nonimmigrant employment extension petitions; and USCIS’s proposed FY 2019 budget, which requested the transfer of over $200 million from USCIS to U.S. Immigration and Customs Enforcement.

The letter, which notes that USCIS was created by congressional mandate, asks USCIS how it intends to reduce and eliminate processing delays while ensuring fairness and quality and not passing costs for “the agency’s inefficiencies” on to the applicants and petitioners “experiencing hardship due to USCIS’s crisis-level delays.”

The letter is available

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6. March Visa Bulletin Shows Progress

The Department of State (DOS) has released the Visa Bulletin for March 2019, showing modest progress for EB-1 for all chargeability areas as well as EB-2 for China and India; EB-3 and Other Workers China, India, and the Philippines; and EB-5 China and Vietnam, with the remainder of the priority dates remaining Current.

The specific changes in the Final Action Cut-Off Dates, or priority dates, from the February to the March Visa Bulletin are:

  1. EB-1: China and India—forward progress of two weeks for China and India to February 22, 2017; Mexico—forward progress of three weeks to February 22, 2017; All Other Chargeability Areas—forward progress of one month to January 1, 2018.
  2. EB-2: China—forward progress of three months to January 1, 2016; India—forward progress of three days to April 9, 2009.
  3. EB-3: China—forward progress of one week to July 8, 2015; India—forward progress of one month to May 22, 2009; Philippines—forward progress of four months to December 1, 2017.
  4. Other Workers: China—forward progress of two weeks to August 15, 2007; India—forward progress of one month to May 22, 2009; Philippines—forward progress of four months to December 1, 2017.
  5. EB-5: China (Non-Regional Center)—forward progress of one week to September 8, 2014; Vietnam—forward progress of one month to July 15, 2016.

Applicants whose priority dates are currently backlogged are recommended to review the dates to determine if they may be eligible to file during the month of March. U.S. Citizenship and Immigration Services (USCIS) noted that beneficiaries of approved employment-based immigrant petitions whose priority dates become current in March 2019 should use the “Final Action Cut-Off Dates” when filing during the month of March 2019. USCIS in the recent past had accepted applications filed during certain months based on the typically earlier “Dates for Filing.”

The March 2019 Visa Bulletin

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7. H-2B Cap Reached for FY 2019

U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2019. February 19, 2019, was the final receipt date for new cap-subject H-2B temporary nonagricultural worker petitions requesting an employment start date before October 1, 2019. USCIS will reject new cap-subject H-2B petitions received after February 19 that request an employment start date before October 1, 2019.

On February 19, the number of beneficiaries USCIS received petitions for surpassed the total number of remaining H-2B visas available for the H-2B cap for the second half of FY 2019. In accordance with regulations, USCIS said it determined that it was necessary to use a computer-generated process, commonly known as a lottery, to ensure the fair and orderly allocation of
H-2B visa numbers to meet, but not exceed, the remainder of the FY 2019 cap. On February 21, USCIS conducted a lottery to randomly select petitions from those received on February 19. As a result, USCIS assigned all petitions selected in the lottery the receipt date of February 22. Premium processing service for petitions selected in the lottery also began on that date.

USCIS continues 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 their 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.

Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year and 33,000 for workers who begin employment in the second half of the fiscal year plus any unused numbers from the first half of the fiscal year, if any. However, unused H-2B numbers from one fiscal year do not carry over into the next, USCIS explained.

Also, a new letter sent on February 22, 2019, from the H-2B Workforce Coalition urges the Department of Homeland Security to add H-2B numbers as authorized by the Fiscal 2019 Consolidated Appropriations Act. The 40-page letter, endorsed by hundreds of employers and organizations, notes:

Without immediate action, many employers across the country will be without the critical workforce they need to operate this spring and summer. These businesses will not be able to fulfill contracts. They will be forced to turn away customers and may need to lay off American workers whose jobs are supported by H-2B workers. In some cases, they will be compelled to shut down their operations entirely. … The H-2B program is essential to employers who cannot find local temporary workers to fill jobs in seafood processing, horse training, hospitality and amusement parks, forestry, landscaping, circuses, carnivals, food concessionaires, swimming pool maintenance, golf courses, stone quarries and other seasonal industries. These seasonal businesses need H-2B workers to supplement their American workforce. The H-2B program relies on well-vetted returning workers who come to the U.S. for seasonal employment and then go home. These workers are not immigrants. They provide an opportunity for U.S. businesses to operate at a greater capacity, retain their full-time workers and contribute to their local economy.

The USCIS notice

The letter from the H-2B Workforce Coalition

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8. USCIS Closing Moscow Field Office; U.S. Embassy in Moscow Moves Visa Unit

Due to “a significant decrease in workload,” U.S. Citizenship and Immigration Services (USCIS) will permanently close its field office in Moscow, Russia, on March 29, 2019. The last day the office was open to the public and accepting applications was February 28, 2019. Also, the Visa Unit of the U.S. Embassy in Moscow has moved to a new location.

The USCIS field office in Athens, Greece, will assume jurisdiction over immigration matters in the Russian Federation, Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. The U.S. Embassy in Moscow will assume responsibility for certain limited services previously provided by USCIS to individuals residing in Russia. The USCIS Refugee Affairs Division will assume primary responsibility for adjudicating refugee cases presented for interview in the region.

The new location for the Visa Unit of the U.S. Embassy in Moscow is 8 Bolshoy Deviatinsky Pereulok, 121099, Moscow, Russia.

The USCIS notice, which includes details on filing instructions

Information on the USCIS Athens office

The website for the U.S. Embassy in Moscow

The U.S. Embassy announcement about the Visa Unit move

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9. ABIL Global: Peru

This article provides an update on eased requirements for approval of employment contracts of foreign workers in Peru.

On September 13, 2018, Peru’s Official Gazette, “El Peruano,” published Supreme Decree No. 008-2018-TR, which amends the regulations of the Law of Hiring of Foreign Workers, approved by Supreme Decree No. 014-92-TR. It has been in force since October 13, 2018.

One of the main changes established by the modified regulations is automatic approval of the employment contracts of foreign employees/workers by the Ministry of Labor in Peru. In the past, the contracts were to be approved within five business days following their filing at the Ministry of Labor and Employment Promotion (MTPE). In practice, approvals took up to three weeks due to the MTPE’s workload, taking into consideration a massive inflow of Venezuelans requesting approval of their employment contracts in Peru. Now, an employment contract of any foreign individual will be considered approved from its filing before the labor authority.

Other important changes that ease the process of submission of dossiers before the MTPE to obtain the approval of an employment contract include administrative simplification provisions, by means of Legislative Decree No. 1246 (October 2016), which no longer require the presentation of professional/technical degree diplomas and apostille work experience certificates, and lower accompanying documentation requirements for applications for the approval of employment contracts for foreign personnel, by means of Supreme Decree No. 008-2018-TR, which now include:

  • Employment contract in writing;
  • Affidavit stating that the hiring of foreigners complies with the conditions established by law and includes the training or work experience required by it; and
  • Payment receipt of the corresponding right issued by the National Peruvian Bank. The receipt does not have to be presented initially but will be subject to a subsequent audit by the Labor Inspection Authority.

Logically, the Administrative Labor Authority in charge of the approval process of the employment contracts will be in charge of the subsequent inspection, without prejudice to the inspective actions carried out by the competent Labor Inspection Authority in the local companies to verify if they are in compliance with the cited Law of Hiring of Foreign Workers under (1) compliance of limiting percentages, (2) exonerations of them, or (3) exemptions, if applicable. Therefore, diplomas of foreign employees showing their professional titles or degrees and specializations, and work certificates, must be kept in the local company in its files to be shown to the authorities in case of audits.

The issuance of complementary regulations for the presentation, approval, extension, or modification of the employment contracts of foreign personnel, through the “Virtual System of Contracts for Foreigners—SIVICE,” has been established by Ministerial Resolution N° 291-2018-TR (November 14, 2018). It is in the process of implementation.

With this modifying regulatory labor standard, an administrative procedure regulated by labor norms that has been valid for 26 years in Peru has been updated and simplified, to ease the approval of employment contracts of foreign personnel, improving the right to labor migration, and taking into account that an employment contract duly approved and registered is the main document that supports the visa process to obtain a temporary or resident worker immigration status in Peru for foreign nationals working under a subordinated labor relationship with a local company.

With the implementation of the SIVICE virtual system, the Foreign Personnel Employment Contract approval procedure has been upgraded and simplified, as well as its consequent extensions and/or modifications, for foreign personnel both exempted and not exempt from the limiting percentages. These developments make the labor-immigration administrative process faster and more effective in support of labor migration to Peru.

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10. New Publications and Items of Interest

E-Verify webinars. Free E-Verify webinars are available by registering here. Upcoming topics include an E-Verify overview, E-Verify for existing users, Form I-9, myE-Verify, and information for federal contractors.

Alliance of Business Immigration Lawyers:

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

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

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

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

    • Statutes of Liberty: (new episode: A Prescription for Success: EB-1 for Physicians)
    • 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

E-Verify free webinar listings are here.

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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11. ABIL Member / Firm News

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

FIRMS

 

United States

Cyrus D Mehta & Associates PLLC

Foster, LLP

Fredrikson & Byron

Klasko Rulon Stock & Seltzer

Kuck Baxter

Maggio & Kattar

Miller Mayer

Parker, Butte Lane

Pearl Law Group

Seyfarth Shaw

Siskind Susser, PC

Wolfsdorf Rosenthal LLP

 

Canada

Corporate Immigration Law Firm

Gomberg Dalfen

 

Global

Alliance of Business Immigration Lawyers

Laura Devine Solicitors

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

Dorda (Europe, Global, High Net Worth)

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

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

Sagardoy Abogados (Europe – for Employment)

Raczkowski Paruch (Europe – for Employment)

Tannus & Asociados (Latin America)

 

INDIVIDUALS

United States

Jim Alexander

Robert Aronson (US and Global)

Dagmar Butte

Charles Foster

David Fullmer

Anna Gallagher

H. Ronald Klasko (US and Global)

Charles Kuck (US and Global)

Judy Lee

Cyrus Mehta (US and Global)

John Meyer

Christy Nguyen

Angelo Paparelli

Julie Pearl

Jan Pederson

Gregory Siskind (US and Global)

Jennifer Stevens (US and Global)

William Stock

Anastasia Tonello

Bernard Wolfsdorf

Stephen Yale-Loehr (US and Global)

 

Canada

Jean-Philippe Brunet

Barbara Jo Caruso

Seth Dalfen

Avi Gomberg

 

Global (see also individual listings above under United States)

Sophie Barrett-Brown

Ilda de Sousa

Laura Devine

Nicolas Rollason

Jennifer Stevens

Rodrigo Tannus

More information on rankings and areas of specialty

Bios of ABIL members are available at https://www.abil.com/

 

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

Cyrus Mehta has authored a new blog entry, “Don’t Always Suck Up to Buy American Hire American.”

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

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

The CNN article

The lawsuit

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

The article

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12. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

 

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2019-03-01 13:28:282019-04-15 13:32:54News from the Alliance of Business Immigration Lawyers Vol. 15, No. 3A • March 01, 2019

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

February 15, 2019/in Immigration Insider /by Prahlad

Headlines:

1. USCIS Clarifies Advance Parole Policy When Renewal Application Is Pending -The USCIS Ombudsman reported that the agency has resolved a discrepancy in the application of policy concerning persons with advance parole who recently filed renewal applications and then left the United States.

2. USCIS To Issue New Version of Form I-539 and New I-539A, Effective March 11 -USCIS announced that it has revised Form I-539, Application to Extend/Change Nonimmigrant Status, and is introducing a new Form I-539A, effective March 11.

3. USCIS Now Accepting Copies of Negative P Visa Consultations Directly from Labor Unions -The agency has begun accepting copies of negative consultation letters directly from labor unions relating to current or future P nonimmigrant visa petitions.

4. Applicants Can Now Request Certificates of U.S. Citizenship Online -USCIS announced that applicants can now complete and file online Forms N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.

5. ICE Indicts Eight People for U.S. Student Visa System Violations in Undercover Operation -ICE recently announced three indictments charging eight individuals with conspiracy to commit visa fraud and harboring aliens for profit, following an undercover investigation by ICE’s Homeland Security Investigations. Six of the defendants were arrested in the metropolitan Detroit area. Two others were arrested in Lake Mary, Florida; and Culpeper, Virginia.

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. USCIS Clarifies Advance Parole Policy When Renewal Application Is Pending

The U.S. Citizenship and Immigration Services (USCIS) Ombudsman recently reported that the agency has resolved a discrepancy in the application of policy concerning persons with advance parole who recently filed renewal applications and then left the United States. In some cases, their renewal applications were denied upon their return even when their original advance parole was still valid. The Service Center Operations Directorate was issuing denials but the Field Operations Directorate still approved renewal applications where the applicants had traveled abroad as long as they returned to the United States with previously approved and still valid advance parole documents, the Ombudsman explained. USCIS has now clarified its policy.

The Ombudsman noted that USCIS adjudicators are now consistently using information from the Arrival and Departure Information System, which identifies those who file advance parole applications and then leave the United States. That was triggering denials under USCIS regulations, stating that “if you leave the U.S. during the pendency of the application you will be deemed to have abandoned it.”

In practice, there were inconsistencies in the way USCIS was enforcing those instructions, as noted above. Furthermore, the Ombudsman noted, “there were practical implications to the new practice of denying these renewals for advance parole.” In many cases, applicants re-filed their parole applications, in many cases without a fee, resulting in more work for USCIS. In addition, if an individual did not receive a decision on the re-filed advance parole application before a planned trip, the applicant often would appear at a local USCIS field office to apply for emergency advance parole. “In the end, therefore, USCIS was expending substantial resources to deny and re-adjudicate parole applications for: (1) individuals who it had already determined were eligible for an original advance parole document; and (2) were in fact traveling with authorization under the original parole document that was still valid upon return.”

The Ombudsman said it met numerous times with USCIS over the course of a year to discuss these issues, and that the Ombudsman “made the case that the denials, while authorized by law, did not make operational sense and did not in reality further the spirit of the policy encapsulated by the instructions.” The Ombudsman said that USCIS Director Francis Cissna reversed course in November 2018. The USCIS statement, “Emergency Travel,” on its website now states, “At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved [advance] parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.”

The Alliance of Business Immigration Lawyers (ABIL) noted that although USCIS has announced it will no longer deny pending advance parole applications if an individual travels on an unexpired advance parole while the new parole application is pending, this does not address what happens to those who travel on an H or L visa while an advance parole application is pending. Based on the wording of the USCIS announcement, it appears that advance parole applications will still be denied if an individual travels on an H or L visa. ABIL noted that anecdotal evidence, although limited at this time, indicates that this is the current practice at USCIS. Attempts to obtain clarification from USCIS have not yet received a response.

The USCIS’s “Emergency Travel” statement. The Ombudsman disseminated this news via email on February 8, 2019.

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2. USCIS To Issue New Version of Form I-539 and New I-539A, Effective March 11

U.S. Citizenship and Immigration Services (USCIS) announced on February 11, 2019, that it has revised Form I-539, Application to Extend/Change Nonimmigrant Status, and is introducing a new Form I-539A. The revised and new forms will be required for filings on and after March 11, 2019.

Form I-539 is used for a variety of application types, including:

  • Certain nonimmigrant applications for an extension of stay
  • Certain nonimmigrant applications for a change of status
  • Reinstatement for F-1 and M-1 students

Based on prior drafts of the form and its information collection review, it appears that USCIS has expanded the scope of information to be gathered and will change the filing and adjudication requirements significantly. Below are highlights:

Biometrics and personal appearance requirement. The first major change involves in-person collection of biometrics (fingerprints, photograph, and signature). Generally, biometrics have only been collected for permanent status applications, and not for the temporary status applications processed on Form I-539. As of March 11, 2019, all new I-539 and I-539A (more about the I-539A below) applicants must be photographed and fingerprinted at the nearest USCIS Application Support Center (ASC). After filing, every applicant and co-applicant, regardless of age, will receive a biometric services appointment notice in the mail.

New Form I-539A created for co-applicants. The second major change is the procedure to be followed when there are multiple people filing together, such as a parent (“primary applicant”) and one or more children (“co-applicants”). Currently, the primary applicant completes and signs the I-539 and identifies each co-applicant on the form’s Supplement A. The form only requires the signature of the primary applicant and there is one filing fee (currently $370).

Starting March 11, a newly created form, the I-539A, must be completed for each individual co-applicant and submitted with the primary applicant’s I-539. Each co-applicant must sign his or her respective I-539A. (Parents can continue to sign the forms for children under 14 years of age.)

Fee increase for biometrics. Because biometrics will be collected with the application, an additional $85 biometrics fee will be charged per I-539 and I-539A applicant. A typical family consisting of an H-4 spouse and two minor H-4 children will have to pay $625 ($370 filing fee plus three $85 biometrics fees) to extend nonimmigrant status.

(Certain nonimmigrant applications already require biometrics and payment of the fee when filing the I-539, i.e., V nonimmigrants and CNMI applications. Those procedures and costs will remain unchanged.)

Premium processing. USCIS did not address premium processing with respect to the agency’s proposed handling of I-539/I-539A applications accompanying principal applications (such as
H-4 applications filed with a premium-processed H-1B petition). In the past, the USCIS generally processed such dependent I-539 applications on an expedited basis so the family members’ status would be adjudicated and updated together. The new biometrics requirement likely will mean that dependent I-539 and I-539A applications will no longer be moved along in lockstep with a principal’s premium-processed nonimmigrant petition.

Identifying the form edition. How can you tell which form you have? The form edition information is in the bottom left corner of the form. The current edition of the I-539 available on the USCIS website is the 12/23/16 edition. This is identified by the following notation in the bottom left corner of each page of the form: “Form I-539 12/23/16 N.”

The new edition of the I-539, the new I-539A, and their respective instructions will be identified by “02/04/19” in the bottom left corner of each page.

Effective date: March 11, 2019. Applicants must use the 02/04/19 edition of the I-539 and must begin using the I-539A for co-applicants on March 11, 2019, although the agency currently states that it will not release the form to the public until that date. It is hoped that USCIS might delay the effective date to avoid the disruption that would result from such an accelerated implementation date.

The USCIS announcement

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3. USCIS Now Accepting Copies of Negative P Visa Consultations Directly from Labor Unions

U.S. Citizenship and Immigration Services (USCIS) said that effective February 8, 2019, the agency has begun accepting copies of negative consultation letters directly from labor unions relating to current or future P nonimmigrant visa petitions. USCIS noted that a consultation letter from a U.S. labor organization is generally required for petitions in the P visa classification, which covers athletes, artists, entertainers, and their essential support personnel.

Typically, a petitioner submits the necessary P visa consultation with the petition, and that process requirement remains unchanged. After reported concerns from labor unions that some consultation letters, also known as advisory opinions, may have been falsified by petitioners and submitted to USCIS as no-objections or favorable consultations, when in fact they were negative, USCIS announced that it would begin accepting copies of negative consultation letters for O visa petitions. USCIS is now expanding this to P visa petitions, and labor unions can send copies of negative O or P visa petition consultation letters directly to USCIS so that they can be compared to the consultation letter submitted by the O or P petitioner.

P nonimmigrant visas are available for individuals coming to the U.S. temporarily to:

  • Perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance (P-1A). P athletes include:
    • Internationally recognized athletes
    • Certain professional athletes, certain amateur athletes or coaches, and professional or amateur athletes performing in a theatrical ice skating production under the COMPETE Act
  • Perform as a member of an entertainment group that has been recognized internationally as outstanding in its discipline for a sustained and substantial period of time (P-1B);
  • Perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country (P-2); or
  • Perform, teach, or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique (P-3).

USCIS said labor unions should send copies of negative P nonimmigrant consultation letters to UnionConsultationMailbox@uscis.dhs.gov. Unions should only send copies of negative consultation letters for O and P petitions to that emailbox. To ensure USCIS matches the consultation letters to the appropriate petitions, labor unions should include each beneficiary’s name and the last five digits of the beneficiary’s passport number on the consultation letters.

The USCIS announcement

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4. Applicants Can Now Request Certificates of U.S. Citizenship Online

U.S. Citizenship and Immigration Services (USCIS) announced that applicants can now complete and file online Forms N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.

Applicants can file Form N-600 to obtain a Certificate of Citizenship for themselves or their minor children if they:

  • Were born abroad and are claiming U.S. citizenship at birth through their parents; or
  • Automatically became a U.S. citizen after birth, but before they turned 18 years old.

Applicants can file Form N-600K if they regularly reside in a foreign country and want to claim U.S. citizenship based on their parents. Applicants must secure lawful admission to the U.S. to complete Form N-600K processing. Children of U.S. service members have separate requirements for naturalization under INA Section 322.

Other forms available for online filing include:

  • Form I-90, Application to Replace Permanent Resident Card;
  • Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings;
  • Form N-400, Application for Naturalization; and
  • Form N-565, Application for Replacement Naturalization/Citizenship Document.

Additional information is available

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5. ICE Indicts Eight People for U.S. Student Visa System Violations in Undercover Operation

U.S. Immigration and Customs Enforcement (ICE) recently announced three indictments charging eight individuals with conspiracy to commit visa fraud and harboring aliens for profit, following an undercover investigation by ICE’s Homeland Security Investigations (HSI). Six of the defendants were arrested in the metropolitan Detroit area. Two others were arrested in Lake Mary, Florida; and Culpeper, Virginia.

According to the indictments, from approximately February 2017 through January 2019, the defendants, a group of foreign citizens, conspired with each other and others to facilitate hundreds of foreign nationals in illegally remaining and working in the United States by actively recruiting them to enroll in a metro Detroit private university that, unbeknownst to the conspirators, was operated by HSI special agents as part of an undercover operation. As part of the scheme, ICE said, the defendants/recruiters assisted foreign citizen “students” in fraudulently obtaining immigration documents from the school and facilitated the creation of false student records, including transcripts, to deceive immigration authorities. The documents obtained as a result of the conspirators’ actions were based on false claims, false statements and fraud, ICE said, since the purported foreign students had no intention of attending school, did not attend a single class, and were not bona fide students. All participants in the scheme knew that the school had no instructors or actual classes, the agency said. “The defendants intended to help shield and hide their customers/’students’ from United States immigration authorities for money and collectively profited in excess of a quarter of a million dollars as a result of their scheme,” ICE noted. If convicted, the defendants face a statutory maximum penalty of five years in federal prison.

The ICE announcement

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6. New Publications and Items of Interest

E-Verify webinars. Free E-Verify webinars are available by registering here. Upcoming topics include an E-Verify overview, E-Verify for existing users, Form I-9, myE-Verify, and information for federal contractors.

Alliance of Business Immigration Lawyers:

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

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

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

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

    • Statutes of Liberty: (new episode: A Prescription for Success: EB-1 for Physicians)
    • 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

E-Verify free webinar listings are here.

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

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

A Forbes article quotes Dagmar Butte, Vic Goel, and William Stock. The article discusses how the combination of denials, long wait times, and suspension of premium processing is making it more difficult for H-1B professionals to change jobs. It concludes that the administration’s policies have made employers, H-1B professionals, and U.S. workers all worse off. The article: “U.S. Policies Harming Labor Mobility of H-1B Professionals.”

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

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

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

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

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

The Reuters article

Additional details of Mr. Abraham-Joseph’s case:

  • Statement
  • New York Times
  • The New Yorker
  • Time
  • Rolling Stone

 

 

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

 

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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

 

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 Prahlad https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png Prahlad2019-02-15 13:33:102019-04-15 13:36:21News from the Alliance of Business Immigration Lawyers Vol. 15, No. 2B • February 15, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 2A • February 01, 2019

February 01, 2019/in Immigration Insider /by ABIL

Headlines:

1. DHS Prioritizes U.S. Advanced Degrees in H-1B Final Rule; Electronic Registration Requirement Postponed -DHS has published a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which USCIS selects H-1B petitions under the H-1B regular cap and the advanced degree exemption and introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule is effective April 1, 2019, although the electronic registration requirement will be suspended for one year.

2. Tens of Thousands of Immigration Court Hearings Canceled Due to Shutdown; Trump Announces Three-Week Reopening of Federal Government -More than 80,000 immigration court hearings were canceled due to the partial federal government shutdown, which added to an already large backlog.

3. USCIS Resumes Premium Processing for FY 2019 H-1B Cap Petitions -USCIS has resumed premium processing for all FY 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (master’s cap).

4. USCIS Announces Countries Eligible for H-2A and H-2B Visa Programs -U.S. Citizenship and Immigration Services and the Department of Homeland Security, in consultation with the Department of State, have announced the list of countries whose nationals are eligible to participate in the H-2A and
H-2B visa programs in 2019.

5. State Dept. Suspends Visa Services in Caracas, Venezuela -The U.S. Embassy in Caracas has suspended routine visa services due to the ordered departure of non-emergency personnel. Due to continued unrest, U.S. citizens are advised to either leave Venezuela or prepare to shelter in place.

6. Trump Administration Implements Remain-in-Mexico Asylum Procedure -The Trump administration is implementing a procedure to force certain asylum-seekers wishing to come to the United States to remain in Mexico while their cases are processed. The plan, to begin at the San Ysidro border crossing, reportedly includes busing asylum-seekers to their hearings at a courthouse in San Diego, California, from Tijuana, Mexico.

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. DHS Prioritizes U.S. Advanced Degrees in H-1B Final Rule; Electronic Registration Requirement Postponed

The Department of Homeland Security has published a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption and introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule is effective April 1, 2019, although the electronic registration requirement will be suspended for one year, USCIS said.

Starting on April 1, USCIS will first select H-1B petitions (or registrations, once the registration requirement is implemented) submitted on behalf of all beneficiaries, including those that may be eligible for the advanced degree exemption. USCIS will then select from the remaining eligible petitions a number projected to reach the advanced degree exemption. Changing the order in which USCIS counts these allocations will likely increase the number of petitions for beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected under the H-1B numerical allocations, USCIS said. Specifically, the agency noted, the change will result in an estimated increase of up to 16 percent (or 5,340 workers) in the number of selected petitions for H-1B beneficiaries with a master’s degree or higher from a U.S. institution of higher education.

USCIS will begin accepting H-1B cap petitions for fiscal year (FY) 2020 on April 1, 2019. The reverse selection order will apply to petitions filed for the FY 2020 H-1B cap season. Petitioners may file an H-1B petition no more than six months before the employment start date requested for the beneficiary. USCIS said it will provide H-1B cap filing instructions in advance of the filing season.

As noted above, after considering public feedback, USCIS has suspended the electronic registration requirement for the FY 2020 cap season “to complete user testing and ensure the system and process are fully functional.” Once implemented, the electronic registration requirement will require petitioners seeking to file H-1B cap petitions, including those that may be eligible for the advanced degree exemption, to first electronically register with USCIS during a designated registration period. Only those whose registrations are selected will be eligible to file an H-1B cap-subject petition. USCIS said it expects that the electronic registration requirement, once implemented, “will reduce overall costs for petitioners and create a more efficient and cost-effective H-1B cap petition process for USCIS and petitioners.”

Additionally, USCIS said it will publish a notice in the Federal Register to announce the initial implementation of the H-1B registration process in advance of the cap season in which it will implement the requirement. Before implementation, USCIS “will conduct outreach to ensure petitioners understand how to access and use the system.” USCIS said it will announce the designated electronic registration period at least 30 days in advance for each fiscal year it is required.

According to reports, DHS pushed through the proposed rule to finalization quickly. The agency had published a notice of proposed rulemaking on December 3, 2018. Public comments were due January 2; USCIS was not closed during the federal government shutdown because it is funded by fees.

The Alliance of Business Immigration Lawyers recommends that employers assess their need for H-1B employees and begin working on their H-1B petitions now. Annual demand typically far outstrips availability, so the visas are snapped up immediately.

Contact your ABIL attorney for advice and help with preparing H-1B petitions.

The final rule

The USCIS notice

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2. Tens of Thousands of Immigration Court Hearings Canceled Due to Shutdown; Trump Announces Three-Week Reopening of Federal Government

According to a report by Syracuse University’s Transactional Records Access Clearinghouse (TRAC), more than 80,000 immigration court hearings were canceled due to the partial federal government shutdown, which began at midnight on December 22, 2018, and ended on January 25. President Donald Trump has announced a reopening of the government for three weeks, until February 15.

The report notes that the active case backlog was already at 809,041 as of the end of November 2018. Judge Dana Leigh Marks termed the shutdown’s effect “devastating” and estimated that it could add three or four years to the wait before those canceled hearings can be rescheduled. According to TRAC figures as of January 11, immigration courts in California experienced the most hearing cancellations: an estimated 9,424. New York had the second highest number of cancellations, at 5,320. Texas was close behind New York with an estimated 5,141 immigration court proceedings canceled.

The fee-based U.S. Citizenship and Immigration Services remained open during the shutdown. Systematic Alien Verification for Entitlements (SAVE) program services remained operational during the shutdown, and SAVE said users should continue to submit cases to verify an applicant’s immigration or citizenship status. The Department of State said that scheduled passport and visa services in the United States and at U.S. embassies and consulates overseas continued during the shutdown “as the situation permit[ted].” E-Verify announced, “E-Verify has resumed operations. Given that E-Verify was unavailable for over a month, we ask for your patience as we reinstate the service.”

The TRAC report

Information about the growing backlog

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3. USCIS Resumes Premium Processing for FY 2019 H-1B Cap Petitions

U.S. Citizenship and Immigration Services (USCIS) announced that it has resumed premium processing as of Monday, January 28, 2019, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (master’s cap). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit.

When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If USCIS does not take certain adjudicative action within the 15-calendar day processing time, the agency refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition. USCIS said this service is only available for pending petitions, not new submissions, “because we have already received enough petitions to meet the FY 2019 cap.”

The previously announced temporary suspension of premium processing remains in effect for all other categories of H-1B petitions to which it applied. USCIS said it plans “to resume premium processing for the remaining categories of H-1B petitions as agency workloads permit.”

The USCIS announcement

The previous notice about the suspension of premium processing and who is affected

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4. USCIS Announces Countries Eligible for H-2A and H-2B Visa Programs

U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2019.

For 2019, the agencies have agreed to:

  • Add Mozambique and Samoa to the list of countries eligible to participate in the H-2A and H-2B visa programs;
  • Add Paraguay to the list of countries eligible to participate in the H-2A visa program;
  • No longer designate Ethiopia and the Philippines as eligible countries because they no longer meet the regulatory standards for the H-2A and H-2B visa programs; and
  • No longer designate the Dominican Republic as an eligible country for the H-2B visa program because it no longer meets the regulatory standards for that program.

USCIS said factors that could result in the exclusion of a country or the removal of a country from the list include but are not limited to fraud, abuse, denial rates, overstay rates, human trafficking concerns, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country.

The USCIS announcement

The related Federal Register notice

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5. State Dept. Suspends Visa Services in Caracas, Venezuela

The U.S. Embassy in Caracas has suspended routine visa services due to the ordered departure of non-emergency personnel.

Due to the unrest in Venezuela, on January 24, 2019, the U.S. Department of State ordered non-emergency U.S. government employees to leave Venezuela. The U.S. embassy said the U.S. government has limited ability to provide emergency services to U.S. citizens in Venezuela. U.S. citizens are directed to contact U.S. Embassy Caracas for consular assistance. U.S. citizens residing or traveling in Venezuela “should strongly consider departing Venezuela,” the embassy said. Commercial flights remained available. U.S. citizens in Venezuela are advised that if they stay in Venezuela, they ensure that they have adequate supplies to shelter in place, review personal security plans, and monitor local media for updates. The embassy’s Twitter account notes that demonstrations are scheduled to take place throughout Venezuela on February 2, 2019, and may continue in the following days. Movement of U.S. government personnel will be restricted to the vicinity of the U.S. embassy.

The Department’s announcement

The U.S. embassy’s security alert

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6. Trump Administration Implements Remain-in-Mexico Asylum Procedure

According to reports, the Trump administration is implementing a procedure to force certain asylum-seekers wishing to come to the United States to remain in Mexico while their cases are processed. The plan, to begin at the San Ysidro border crossing, reportedly includes busing asylum-seekers to their hearings at a courthouse in San Diego, California, from Tijuana, Mexico.

This activity follows a December 2018 announcement by Homeland Security Secretary Kirstjen Nielsen of a new “Migration Protection Protocols (MPP),” which will apply to individuals arriving in or entering the United States via Mexico without documentation. ” ‘Catch and release’ will be replaced with ‘catch and return,’ ” the announcement states.

The Department of Homeland Security (DHS) released information on the MPP on January 24, 2019. Among other things, the information notes that:

With certain exceptions, MPP applies to aliens arriving in the U.S. on land from Mexico (including those apprehended along the border) who are not clearly admissible and who are placed in removal proceedings under INA § 240. This includes aliens who claim a fear of return to Mexico at any point during apprehension, processing, or such proceedings, but who have been assessed not to be more likely than not to face persecution or torture in Mexico. Unaccompanied alien children and aliens in expedited removal proceedings will not be subject to MPP. Other individuals from vulnerable populations may be excluded on a case-by-case basis.

The December announcement outlines the following process:

  • “Aliens trying to enter the U.S. to claim asylum will no longer be released into our country, where they often disappear before a court can determine their claim’s merits.
  • Instead, those aliens will be processed by DHS and given a ‘Notice to Appear’ for their immigration court hearing.
  • While they wait in Mexico, the Mexican government has made its own determination to provide such individuals humanitarian visas, work authorization, and other protections. Aliens will have access to immigration attorneys and to the U.S. for their court hearings.
  • Aliens whose claims are upheld by U.S. judges will be allowed in. Those without valid claims will be deported to their home countries.”

It is unclear how many are expected to follow this process or whether Tijuana has sufficient capacity to keep asylum seekers safe while they await their proceedings in the United States. Litigation is considered likely. The American Immigration Lawyers Association called the new policy a “due process disaster for asylum seekers” and said that asylum seekers waiting in Mexico “would encounter substantial barriers to accessing U.S. attorneys.”

Secretary Nielsen’s December announcement

A related Department of Homeland Security announcement

DHS released U.S. Customs and Border Protection data about apprehensions along the southwest border with the United States and related demographics

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7. New Publications and Items of Interest

Naturalization denials, delays; increased litigation. Syracuse University’s Transactional Records Access Clearinghouse (TRAC) reports that the latest available data from the federal courts show that during December 2018, the government reported 37 new federal civil immigration naturalization lawsuits over the last six months. According to case-by-case information analyzed by TRAC, this number is up 26% over the last six months. This continues an upward monthly trend in naturalization litigation evident since March 2017 after President Trump assumed office, a trend that has accelerated over the last six months, TRAC said. During calendar year 2018, the government reported 380 federal civil immigration naturalization lawsuits. This marked the highest annual total since the 2008-2009 period. The report

E-Verify webinars. Free E-Verify webinars are available by registering here. Upcoming topics include an E-Verify overview, E-Verify for existing users, Form I-9, myE-Verify, and information for federal contractors.

Webinars for employers and employees. The Immigrant & Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division is presenting webinars for employers and employees. The next webinar is on employers/HR representatives (November 23, 2018). More information here.

Alliance of Business Immigration Lawyers:

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

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

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

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

    • Statutes of Liberty: (new episode: A Prescription for Success: EB-1 for Physicians)
    • 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

E-Verify free webinar listings are here.

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

Vic Goel was quoted by Bloomberg Law’s Daily Labor Report in “H-1B Visa Lottery Gets Last-Minute Overhaul in New Rule.” Reworking the lottery to favor advanced-degree holders “seems to run contrary to the plain language” of the Immigration and Nationality Act,” he said. Among other things, Mr. Goel said that a pre-registration process “makes sense” as long as it’s done fairly, but that he’d “like to see greater transparency in the lottery process.” He also observed that “[n]ot every position that qualifies as a specialty occupation is one where a master’s degree is a requirement,” so some industries and occupations where advanced degrees are less prevalent could wind up losing out. The article

Charles Kuck was quoted by Talking Points Memo in “Trump’s Companies Boosted Foreign Worker Visa Use to 10-Year High.” He said that the Trump Organization’s heavy reliance on visa programs flies in the face of the President’s political rhetoric and actions otherwise. “If in fact he wanted to ‘buy American, hire American,’ he’d say ‘we’re not going to use the immigration system, we’re going to go out and bring our workers down from West Virginia or from Kentucky or Maine and set them up and give them jobs. Why aren’t they recruiting in West Virginia? It’s hypocrisy.” The article

Mr. Kuck recently spoke about President Trump’s border wall efforts and the politics of immigration, on “Political Rewind.” Video, audio, and a related article are available here.

Cyrus Mehta has authored a new blog entry, “To Leave Or Not To Leave: The Devastating Impact of USCIS’s Unlawful Presence Policy on Foreign Students.”

Mr. Mehta was quoted by the Times of India in “Reversal in H-1B Lottery Order, First Priority to U.S. Degree Holders,” about his views on the change in the way H-1Bs will be counted so that they will be skewed toward U.S. advanced degree holders: “The skewing of H-1B visas toward those with master’s degrees from U.S. institutions under the new selection methodology is in some senses counter to the H-1B law, which was to permit those with foreign degrees, and equivalent work experience, to qualify for H-1B classification. Hence, a foreign physician with a master’s degree in medicine from a foreign university who intends to provide critical medical services in a shortage area in the United States may have less chances of nabbing an H-1B visa under the new proposal.” He added that “[e]ven a highly skilled IT worker with a bachelor’s degree in computer science from a reputed Indian institution such as the Indian Institute of Technology will have less chance of getting an H-1B in the new proposal. Both the physician and the IT worker with foreign degrees have the potential of making contributions to the U.S. in the same way, or even greater, as one who has recently graduated with an MBA from a U.S. university.” The article

Stephen Yale-Loehr was quoted by Fox News in “As Border Wall Talks Continue, Agents Keep Finding Cross-Border Tunnels.” The article includes a video interview with Mr. Yale-Loehr. Noting that a multi-pronged approach to border security is called for that includes better drones, more personnel, and electronic surveillance, he said, “I agree they have increased their ability to find these tunnels but we keep finding new tunnels—it’s a never-ending problem. And no matter how much money you have or how many personnel you have, you’re never going to be 100 percent effective. But, certainly, they are doing a better job now than they used to.” He said that a wall could be one aspect of a multi-pronged border security approach but that it wouldn’t solve the problem. The article and video

Mr. Yale-Loehr was quoted by Knowledge@Wharton, University of Pennsylvania, in “Exploring Immigration: Will the U.S. See Reform in 2019?” He said, “Congress came close in 2013 with a comprehensive immigration reform package that was passed bi-partisanly through the Senate and was 1,200 pages, but it failed to clear the House of Representatives. It has been historically hard to get immigration through any Congress and it has become only harder in this more politicized environment.” He also commented, “People in Congress are saying if we could combine funding for border security, plus some relief for DACA recipients and some protection for people who have temporary protected status, we could see some movement on immigration. I hope that would be the case, but politically we may be unlikely to achieve that.” Mr. Yale-Loehr concluded, “We need comprehensive immigration reform. There are many broken parts to the immigration system. Just trying to fix one of them, whether it’s asylum or illegal immigration, isn’t going to work. We need to have an overall approach. The Senate tried to do this in 2013. We need to have a national conversation about what is the role of immigration and when immigration can help the United States so that we can come up with a new overall comprehensive framework. Then we can untangle some of the mess that we’ve gotten ourselves into.” The article

Mr. Yale-Loehr was quoted by Voice of America regarding a Forbes.com H-1B column (in Vietnamese). The article

Mr. Yale-Loehr was quoted by the Houston Chronicle in “With Inaction, Supreme Court Gives Longer Life to DACA as Shutdown Drags On.” Commenting on the U.S. Supreme Court’s declining to take up the Trump administration’s appeal in a “Dreamers” case, Mr. Yale-Loehr said, “I think it is very unlikely to be considered this term, which means DACA lives another 10 months.” The article

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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

 

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 ABIL2019-02-01 13:36:312019-04-15 13:40:02News from the Alliance of Business Immigration Lawyers Vol. 15, No. 2A • February 01, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 1B • January 15, 2019

January 15, 2019/in Immigration Insider /by ABIL

Headlines:

1. Begin Work on H-1B Petitions Now, ABIL Attorneys Urge; H-1B Tips for Employers -Employers should assess their need for H-1B employees and begin working on their H-1B petitions now. Filing season is expected to open April 1, 2019, for FY 2020 cap-subject H-1B visas.

2. DOL’s iCERT System Crashed on January 1, Preventing H-2B Application E-Filings -The iCERT website crashed early on January 1, 2019, preventing employers from e-filing their application packets for the 33,000 H-2B visas with an April 1, 2019, start date for temporary nonagricultural H-2B workers.

3. USCIS Launches New Online Fee Calculator -The Online Fee Calculator will determine the exact filing and biometric fees to include with forms and “will always have the most up-to-date fee information,” the agency said.

4. State Dept. Releases Outlook for Visa Number Availability Through May -The Visa Bulletin for February 2019 includes information on employment-based visa number availability on a monthly basis through May.

5. Interview Waiver Guidance Revised for Petitions to Remove Conditions on Residence -The new guidance addresses when officers may consider interview waivers.

6. State Dept. Issues Travel Advisory for China -The Department of State warned U.S. citizens to exercise increased caution when traveling to China due to “arbitrary enforcement of local laws as well as special restrictions on dual U.S.-Chinese nationals.” The travel advisory states that Chinese authorities have asserted broad authority to prohibit U.S. citizens from leaving China by using “exit bans,” sometimes “keeping U.S. citizens in China for years.”

7. USCIS Terminates Categorical Parole Programs for Certain Individuals Present in CNMI -The termination affects USCIS parole programs for immediate relatives of U.S. citizens and certain stateless individuals in CNMI; CNMI permanent residents, immediate relatives of CNMI permanent residents, and immediate relatives of citizens of the Freely Associated States (Federated States of Micronesia, Republic of the Marshall Islands, or Palau); and certain in-home foreign worker caregivers of CNMI residents.

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

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

10. Government Agency Links -Government Agency Links


Details:

1. Begin Work on H-1B Petitions Now, ABIL Attorneys Urge; H-1B Tips for Employers

Alliance of Business Immigration Lawyers (ABIL) attorneys recommend that employers assess their need for H-1B employees and begin working on their H-1B petitions now. Filing season is expected to open April 1, 2019, for fiscal year (FY) 2020 cap-subject H-1B visas. Annual demand typically far outstrips availability, so the visas are snapped up immediately.

ABIL recommends the following ways for employers to maximize their H-1B chances:

  • Apply based on a master’s degree from a U.S. nonprofit university as long as all degree requirements were completed before April 1
  • Ensure a close match between the course of study and job duties
  • Apply concurrently for optional practical training (OPT) or STEM OPT and H-1B
  • Apply for “consular notification,” not change of status, to preserve OPT if OPT lasts beyond October 1
  • Apply for “change of status” if OPT expires before October 1 to preserve work eligibility under “cap gap” policy, but avoid travel
  • Choose O*NET code and wage level carefully
  • If more than one field of study could qualify a person for the position, explain task by task how the position requires the education
  • Be careful of Level 1 wages. Instead, obtain an acceptable prevailing wage from a legitimate source other than the Department of Labor, offer to pay a higher wage from the outset, or explain why this particular job is both entry level and qualifies as a “specialty occupation”
  • Consider other visa options if your employee is not selected in the H-1B lottery
  • Check the USCIS website for changes to form, fee, and filing location

The Department of Homeland Security (DHS) published a notice of proposed rulemaking on December 3, 2018, that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with USCIS during a designated registration period. USCIS said the proposed rule would also reverse the order by which the agency selects H-1B petitions under the H-1B cap and the advanced degree exemption, with the goal of increasing the number of beneficiaries with master’s or higher degrees from U.S. institutions of higher education to be selected for H-1B cap numbers and introducing “a more meritorious selection of beneficiaries.” It is unclear, however, if the rule will be finalized and implemented in time for the start of the
H-1B filing season on April 1.

Contact your local ABIL attorney for advice and help with preparing H-1B petitions.

The proposed rule published in December 2018

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2. DOL’s iCERT System Crashed on January 1, Preventing H-2B Application E-Filings

The Department of Labor’s (DOL) iCERT website crashed early on January 1, 2019, preventing employers from e-filing their application packets for the 33,000 H-2B visas with an April 1, 2019, start date for temporary nonagricultural H-2B workers. Employers and their attorneys reported working late on New Year’s Eve to be able to submit their applications at midnight ET, only to be thwarted repeatedly while hitting “submit.”

DOL subsequently posted the following iCERT announcement:

IMPORTANT ANNOUNCEMENT:

We sincerely apologize for the major service interruption in the iCERT System early in the morning of January 1, 2019. Due to overwhelming filing demand, the Department’s technology staff is working diligently to investigate the cause of the system outage and has temporarily taken the iCERT System down for the remainder of January 1st and until further notice. The Department will provide another update on the status of the iCERT System around 12:00PM EST, January 2nd, and separate advance public notice regarding when the iCERT System will be operational once again.

DOL’s Office of Foreign Labor Certification (OFLC) announced on January 7, 2019, that the system was back up as of 2 p.m. ET that day.

OFLC announced on January 8, 2019, that it had received approximately 5,276 H-2B applications covering more than 96,400 worker positions, which was nearly three times greater than the 33,000 semiannual visa allotment for fiscal year 2019. To process this “significant surge,” OFLC said it would sequentially assign H-2B applications to analysts based on the calendar date and time on which the applications were received, measured to the millisecond.

On January 11, 2019, OFLC posted the following additional announcements:

The Department has received questions about the difference between timestamps displayed in iCERT and timestamps contained in emails confirming the submission of applications. When an applicant submits an application, the system generates a courtesy email to the applicant which confirms the submission. The date and time in the courtesy email, however, does not represent the official date and time of the applicant’s submission. Rather, it indicates the time at which the email was generated. To reiterate, the official date and time of each application may be viewed in the applicant’s H-2B Portfolio Screen through the applicant’s iCERT system account.

The Department undertook an after-action analysis of the iCERT system’s January 7, 2019 performance. Through a review of the data logs, the Department has determined that 186 applicants submitted the same application more than once in the iCERT system. Because the iCERT database overwrites the previous date and time stamp when a new submission is made, the official date and time saved in the iCERT database is the date and time of the final submission. For these 186 applications, the Department was able to determine the time of the first submission down to the second. For the 152 applicants with multiple submissions within the same second, the final time stamp to the millisecond is reflected in the official date and time. In the remaining 34 cases, the submissions were made outside of the same second. Those applications are now at the first submission’s second. These time stamps are reflected in the official receipt date and time that may be viewed on the H-2B Portfolio Screen through an iCERT system account.

Some users received an outage banner which delayed or blocked access to the H-2B page in the iCERT system. To increase processing capacity on January 7, 2019, the Department scaled up iCERT infrastructure to 50 load-balanced servers. One of the pathways to these servers did not allow access to the iCERT’s H-2B module system at the 2:00 p.m. EST opening of the system, and for approximately two and [a] half hours thereafter. All iCERT users were randomly assigned to a server at log-on as per a standard load-balancing algorithm. As a result, users assigned to this particular pathway experienced the outage banner and may have been delayed from getting into iCERT’s H-2B module.

In addition, the Department received questions regarding whether there was a restoration of data due to data corruption. There was no restoration of data from back-up and no data corruption found connected to the system disruption of January 1, 2019.

The Department was notified that some applicants were missing certain required data or attachments from their applications. As per standard practice, applicants are encouraged to log into their iCERT accounts and verify that their applications are complete and accurate. If any attachments are missing, applicants may upload them at any time. If any required data fields on the ETA-9142B are missing or inaccurate, applicants may contact the Office of Foreign Labor Certification (OFLC) help desk at tlc.chicago@dol.gov and provide the relevant H-2B case number and explain the necessary corrections.

In light of the unprecedented demand for H-2B labor certifications, the Department is considering rulemaking changing the process by which applications are ordered for processing, including randomization and other methods. In the interim, the Department welcomes comments and suggestions from the public on these matters. Comments and suggestions should be directed to … H2BReform.Comments@dol.gov.

Some attorneys said the agency had been warned in advance about the capacity issue, and that lawsuits were pending.

The iCERT system

OFLC’s announcements

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3. USCIS Launches New Online Fee Calculator

U.S. Citizenship and Immigration Services (USCIS) has launched the Online Fee Calculator to assist in calculating the correct fee amount to include when filing forms with USCIS at an agency Lockbox facility.

USCIS said it developed the new Online Fee Calculator to help reduce the number of applications rejected due to incorrect fee amounts. Fee issues, including incorrect fee amounts, are consistently a leading cause of rejection. For applications that require fees, USCIS rejects forms submitted with an incorrect payment amount. The Online Fee Calculator will determine the exact filing and biometric fees to include with forms and “will always have the most up-to-date fee information,” the agency said.

When using the Online Fee Calculator, filers select a form or combination of forms and answer a series of questions. The calculator then calculates the correct fee amount that the filer must submit.

USCIS said the Online Fee Calculator works on all browsers and on both desktop and mobile devices. To protect privacy, the agency noted, “it does not collect user data.”

For forms filed at Lockbox facilities, USCIS accepts payment via check, money order, or credit card with Form G-1450, Authorization for Credit Card Transactions.

The Online Fee Calculator

The USCIS announcement

More information on payment at the USCIS webpage on paying USCIS fees

G-1450 is available

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4. State Dept. Releases Outlook for Visa Number Availability Through May

The Department of State’s Visa Bulletin for the month of February 2019 notes the following with respect to employment-based visa number availability on a monthly basis through May:

EMPLOYMENT-based categories (potential monthly movement)

Employment First:

WORLDWIDE (most countries): Up to two months.
China and India: Up to one month.

Employment Second:

Worldwide: Current for the foreseeable future.
China: Up to three months.
India: Up to one week

Employment Third:

Worldwide: Current
China: Up to three weeks.
India: Up to three months.
Mexico: Current
Philippines: Rapid movement to generate demand.

Employment Fourth: Current for most countries.

El Salvador, Guatemala, and Honduras: Up to one week.
Mexico: Rapid forward movement until limit is reached.

Employment Fifth: The category will remain “Current” for most countries.

China-mainland born: Up to one week.
Vietnam: Up to three weeks.

The above final action date projections for the [employment-based category] indicate[s] what is likely to happen on a monthly basis through May. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables. It is also important to remember that by no means has every applicant with a priority date earlier than a prevailing final action date been processed for final visa action, with applicants often processing at their own initiative and convenience.

The Visa Bulletin for February 2019

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5. Interview Waiver Guidance Revised for Petitions to Remove Conditions on Residence

U.S. Citizenship and Immigration Services (USCIS) has released a policy memorandum revising interview waiver guidance for Form I-751, Petition to Remove Conditions on Residence. The guidance applies to all USCIS officers adjudicating Forms I-751, and supersedes previous guidance issued in 2005. The memo explains that in general, officers must interview a conditional permanent resident who has obtained lawful permanent resident status on a conditional basis and who is the principal petitioner on an I-751, unless the interview is waived. The new guidance addresses when officers may consider interview waivers.

The memo explains that USCIS officers may consider waiving an interview if they are satisfied that:

  • They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States;
  • For Form I-751 cases received on/after December 10, 2018, USCIS has previously interviewed the I-751 principal petitioner (for example, for a Form I-485 or Form I-130);
  • There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
  • There are no complex facts or issues that require an interview to resolve questions or concerns.

When determining whether to waive an interview, the considerations listed above apply regardless of whether the I-751 is filed as a joint petition or as a waiver of the joint filing requirement, the memo states. Cases involving fraud or national security concerns must be referred to the Fraud Detection and National Security Directorate according to local procedures.

The memo, which includes additional information

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6. State Dept. Issues Travel Advisory for China

The Department of State warned U.S. citizens on January 3, 2019, to exercise increased caution when traveling to China due to “arbitrary enforcement of local laws as well as special restrictions on dual U.S.-Chinese nationals.” The travel advisory states that Chinese authorities have asserted broad authority to prohibit U.S. citizens from leaving China by using “exit bans,” sometimes “keeping U.S. citizens in China for years.”

The travel advisory states that China uses exit bans coercively to compel U.S. citizens to participate in Chinese government investigations, to lure individuals back to China from abroad, and to aid Chinese authorities in resolving civil disputes in favor of Chinese parties. In most cases, U.S. citizens become aware of the exit ban only when they attempt to leave China, the advisory states, and there is no way to find out how long the ban may continue. “U.S. citizens under exit bans have been harassed and threatened,” the advisory notes.

The advisory warns that U.S. citizens may be detained without access to U.S. consular services or information about their alleged crimes. U.S. citizens may be subjected to prolonged interrogations and extended detention for reasons related to “state security.” Security personnel may detain and/or deport U.S. citizens for sending private electronic messages critical of the Chinese government.

The advisory also notes that China does not recognize dual nationality. U.S.-Chinese citizens and U.S. citizens of Chinese heritage may be subject to “additional scrutiny and harassment,” and China may prevent the U.S. Embassy from providing consular services, the advisory states.

Among other things, the advisory recommends that those traveling to China enter on their U.S. passports with a valid Chinese visa; enroll in the Smart Traveler Enrollment Program; and have a contingency plan.

The advisory, which includes additional information

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7. USCIS Terminates Categorical Parole Programs for Certain Individuals Present in CNMI

Effective immediately, the categorical Commonwealth of the Northern Mariana Islands (CNMI) parole programs are terminated. This affects USCIS parole programs for immediate relatives of U.S. citizens and certain stateless individuals in CNMI; CNMI permanent residents, immediate relatives of CNMI permanent residents, and immediate relatives of citizens of the Freely Associated States (Federated States of Micronesia, Republic of the Marshall Islands, or Palau); and certain in-home foreign worker caregivers of CNMI residents.

After any parole authorized through these programs expires, USCIS will not renew that parole. Although USCIS will not otherwise authorize re-parole under these programs, it will allow a transitional parole period and extension of employment authorization (if applicable) for up to 180 days for affected individuals, with parole not extending beyond June 29, 2019. The transitional parole period of up to 180 days “will help ensure an orderly wind-down of the programs and provide an opportunity for individuals to prepare to depart or seek another lawful status,” USCIS said.

Current parolees who have requested an extension of parole from USCIS will receive a letter granting an additional 180 days of transitional parole, unless there is a specific reason to deny the request as determined on a case-by-case basis, USCIS said. For those parolees with an Employment Authorization Document (EAD) expiring at the same time as their parole, that letter and the EAD will serve as evidence of identity and work authorization for employment eligibility verification (Form I-9) purposes during the 180-day period.

USCIS will also issue a new EAD valid for the duration of the re-parole period to those parolees who request an extension of parole. The new EAD will be issued automatically upon approval for the period of re-parole, and no new employment authorization application or fee will be required, the agency said. Current parolees with upcoming expiration dates who have not yet requested an extension of parole, and who desire to receive the additional period of transitional parole, should request such transitional parole “as soon as possible.”

The USCIS announcement

Information on eligibility requirements and how to complete a request

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8. New Publications and Items of Interest

Refugee/asylee flyer. The Department of Justice’s Immigrant and Employee Rights Section (IER) recently updated an informational flyer providing refugees and asylees with information on the Form I-9 work authorization verification process and how to get help from IER for possible related discrimination. The flyer is available in Amharic, Arabic, Armenian, Burmese, English, Farsi, French, Karen, Kayah, Nepali, Russian, Simplified Chinese, Somali, Spanish, Swahili, Tigrinya, Ukrainian, and Urdu. See Dept. of Justice for more information. Under “IER Publications,” scroll down to “Information for Refugees and Asylees About the Form I-9” for links to the flyer in various languages. The English flyer is also available.

E-Verify webinars. Free E-Verify webinars are available by registering here. Upcoming topics include an E-Verify overview, E-Verify for existing users, Form I-9, myE-Verify, and information for federal contractors.

Webinars for employers and employees. The Immigrant & Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division is presenting webinars for employers and employees. The next webinar is on employers/HR representatives (November 23, 2018). More information here.

Alliance of Business Immigration Lawyers:

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

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

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

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

    • Statutes of Liberty: (new episode: A Prescription for Success: EB-1 for Physicians)
    • 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

E-Verify free webinar listings are here.

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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9. ABIL Member / Firm News

Cyrus Mehta authored a new blog entry, “Trump Can Provide a Potential Path to Citizenship for H-1B Visa Holders.”

Stephen Yale-Loehr was quoted by several media outlets on possible upcoming Supreme Court cases:

  • “Will The Supreme Court Fast-Track Cases Involving Trump?,” published by 538.com. Commenting on the ongoing litigation over Deferred Action for Childhood Arrivals (DACA), Mr. Yale-Loehr said it would be somewhat unusual for the high court to intervene at this stage. He added that the DACA case lacks the “immediacy” of the travel ban case, where thousands of people were being prevented from entering the country, so there’s not the same sense of urgency for the Supreme Court to act. The article is available here.
  • “Major Immigration Cases Ahead In 2019,” published by Law360. Mr. Yale-Loehr said that the U.S. Supreme Court’s decision earlier this year in Trump v. Hawaii upholding the president’s travel ban could have an impact on litigation over the recent asylum policy as it circulates through the appellate courts. “If this case goes to the Supreme Court, the court will have to decide the scope and possible limits of its travel ban decision,” he said. The article is at Law360 (available by registration).

Mr. Yale-Loehr was quoted in “Sanctuary Policies Criticized Again After Officer’s Slaying. Here’s a Look at the Issues,” published by the San Francisco Chronicle. Commenting on whether police and sheriffs’ deputies ask about immigration status when making an arrest, Mr. Yale-Loehr said that varies among police departments and individual officers in California and elsewhere. If a suspected drunken driver lacked a license, for example, “or the driver’s license looked fishy, or the individual looked or sounded foreign,” some officers might contact U.S. Immigration and Customs Enforcement to ask about the individual’s legal status, he said.

Mr. Yale-Loehr was quoted in “What Did Donald Trump’s Tweet About H-1B Visas Mean?,” published by Forbes. He said that sometimes people can read too much into President Trump’s tweets and statements. He advised people to focus instead on concrete policy actions. “This tweet runs counter to what the administration has actually done against H-1B workers. Ever since the President issued his ‘Buy American and Hire American’ executive order in April 2017, U.S. Citizenship and Immigration Services (USCIS) has made it harder for employers to hire H-1B workers and to keep them.” He noted a National Foundation for American Policy report that showed a 41% increase in denials of H-1B petitions in the 4th quarter of FY 2017. “Just last week, a company sued USCIS in federal court after the agency denied a company’s extension request for an H-1B employee, even though the agency had approved four H-1B petitions before for the same person in the same job. In effect, the President has built an invisible wall against H-1B workers. Given all that, why should we believe this apparent about-face? Even if President Trump is serious about making it easier for H-1B workers to stay permanently in the United States, his administration cannot do that unilaterally. Congress would have to pass a law.” He pointed out that Congress is divided on immigration issues, making this type of reform, particularly in isolation, difficult to picture in the current environment.

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10. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, 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 ABIL2019-01-15 13:40:152019-04-15 13:43:32News from the Alliance of Business Immigration Lawyers Vol. 15, No. 1B • January 15, 2019

News from the Alliance of Business Immigration Lawyers Vol. 15, No. 1A • January 01, 2019

January 01, 2019/in Immigration Insider /by ABIL

Headlines:

1. January Visa Bulletin Shows Significant Progress in EB-1, EB-3, and Other Workers India -The Department of State’s Visa Bulletin for January 2019 shows significant progress in the EB-1 category for all chargeability areas, as well as in the EB-3 and Other Workers India categories. Other priority dates remain Current or backlogged with little to no movement.

2. Federal Government Shutdown: Agency-by-Agency Update -The partial federal government shutdown continues unabated. Several departments have issued related announcements about the specifics of which immigration services have closed and which remain open.

3. USCIS Discontinues Case-Specific Assistance Via Service Center Email -USCIS is closing its case-specific assistance emailboxes and directing people to its online self-help tools and the USCIS Contact Center instead.

4. USCIS Closes Havana Field Office -USCIS permanently closed its field office in Havana, Cuba, as of December 10, 2018.

5. ABIL Global: Update on Brexit vs. Freedom of Movement (for Workers) -This article provides a summary of highlights of “Brexit” and the outlook for the near future with respect to the free movement of affected workers.

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. January Visa Bulletin Shows Significant Progress in EB-1, EB-3, and Other Workers India

The Department of State’s Visa Bulletin for January 2019 shows significant progress in the EB-1 category for all chargeability areas, as well as in the EB-3 and Other Workers India categories. Other priority dates remain Current or backlogged with little to no movement.

Continuing its policy since the September 2018 Visa Bulletin, U.S. Citizenship and Immigration Services (USCIS) confirmed that adjustment-of-status applications may be filed based on the filing cut-off dates rather than the final action cut-off dates.

Many applicants and their dependent family members physically residing in the United States whose priority dates are significantly backlogged continue to benefit from this policy to be able to receive employment authorization documents and advance parole documents, and to potentially become eligible sooner for immigrant visa portability to change jobs while their employment-based adjustment of status is pending.

Although USCIS will continue to accept adjustment of status applications under the typically earlier filing cut-off dates, the applicant’s priority date must be current under the “final action cut-off date” before USCIS can finally approve the application.

The changes in the Final Action Cut-Off Dates from the December 2018 to the January 2019 Visa Bulletin include:

  • EB-1: All Chargeability Areas (except China and India)—Forward progress of three months to October 1, 2017
  • EB-1: China and India—Forward progress of three months and two weeks, to December 15, 2016
  • EB-2: China—Forward progress of two weeks to August 1, 2015
  • EB-3: Philippines—Forward progress of one week to June 22, 2017
  • Other Workers: China—Forward progress of one month to July 1, 2007
  • Other Workers: Philippines—Forward progress of one week to June 22, 2017
  • EB-5: China—Forward progress of one week to September 1, 2014
  • EB-5: Vietnam—Forward progress of one month to June 1, 2016

In both the EB-5 Regional Center and the EB-5 Non-Regional Center categories, the “Filing Cut-Off Dates” are Current for applicants born in all countries except for mainland China, which is backlogged to October 1, 2014, allowing for filing of adjustment-of-status applications for those with approved I-526 petitions who are residing in the United States.

In the EB-5 Non-Regional Center category, the “Final Action Dates” are current for all countries except China and Vietnam, which continue to be backlogged but with slight forward movement: currently backlogged at September 1, 2014, for China, and June 1, 2016, for Vietnam. However, the “Final Action Dates” for the EB-5 Regional Center category for all countries are “Unavailable” and immigrant visas cannot be issued right now because of the partial government shutdown discussed in the next article.

Applicants whose priority dates are backlogged should review the filing cut-off dates in the bulletin to determine if they may be eligible to file during the month of January. Applicants who will become eligible to file immigrant visa applications in January should initiate applications now with their Alliance of Business Immigration Lawyers attorney to plan for the earliest possible filing date.

The Visa Bulletin for January 2019

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2. Federal Government Shutdown: Agency-by-Agency Update

The partial federal government shutdown that began at 12:01 a.m. on Saturday, December 22, 2018, continues unabated. Several departments have issued related announcements about the specifics of which immigration services have closed and which remain open, summarized below in alphabetical order:

Department of Labor. DOL’s announcement refers people to its extensive contingency plan.

Department of Justice. DOJ released the following statement: “Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.” The contingency plan, dated September 2018

Department of State. DOS announced on December 22, 2018, that scheduled passport and visa services in the United States and at U.S. embassies and consulates overseas will continue “during the lapse in appropriations as the situation permits.” The agency said it will not update its website until full operations resume, with the exception of urgent safety and security information. The National Visa Center, National Passport Information Center, and Kentucky Consular Center will still accept telephone calls and inquiries from the public.

All passport agencies and centers and acceptance facilities (such as U.S. post offices, libraries, and county clerk’s offices) are still accepting applications for U.S. passport books and passport cards during the shutdown, and passports can be renewed by mail, DOS said. Processing times remain the same: four to six weeks for routine service and two to three weeks for expedited service.

Those who have scheduled appointments at a DOS passport agency or center should plan on keeping their appointments, the agency said. Those who need to cancel their appointments at those places may do so by calling 1-877-487-2778 or visiting the Online Passport Appointment System. Those who have scheduled appointments at a passport acceptance facility and need to cancel should contact the facility directly; click here to search for a local facility.

The DOS passport notice

Executive Office for Immigration Review—immigration courts. With respect to the operating status of immigration courts during the shutdown, EOIR said that detained docket cases will proceed as scheduled. Non-detained docket cases will be reset for a later date after funding resumes. Immigration courts will issue an updated notice of hearing to respondents or, if applicable, respondents’ representatives of record for each reset hearing.

The EOIR notice

U.S. Citizenship and Immigration Services. USCIS said that the shutdown does not affect USCIS’s fee-funded activities. USCIS offices remain open and all applicants should attend their interviews and appointments as scheduled, the agency said. The lapse in government appropriations does not affect Form I-9 Employment Eligibility Verification requirements. Employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other I-9 requirements.

USCIS noted that several USCIS programs have either expired or suspended operations, or are otherwise affected, until they receive appropriated funds or are reauthorized by Congress. The program-specific announcements are summarized below:

  • EB-5 Immigrant Investor Regional Center Program. The EB-5 Immigrant Investor Regional Center Program expired at the end of the day on December 21, 2018, due to a lapse in congressional authorization to continue the program. All regional center applications and individual petitions are affected. USCIS will not accept new Forms
    I-924, Application for Regional Center Designation Under the Immigrant Investor Program, as of December 21, 2018. Any pending Forms I-924 as of that date will be put on hold until further notice. Regional centers should continue to submit Form I-924A, Annual Certification of Regional Center, for fiscal year 2018. USCIS said it will continue to receive regional center-affiliated Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status. USCIS has put unadjudicated regional center-affiliated Forms I-526 and I-485 (whether filed before or after the expiration date) on hold for an undetermined length of time. All Forms I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, filed before or after the expiration date will not be affected by the expiration of the program. USCIS said it will provide further guidance if legislation is enacted to reauthorize, extend, or amend the regional center program.

The announcement about the EB-5 program, in English with a link to a PDF in simplified Chinese.

  • E-Verify. Services are unavailable due to the shutdown, USCIS said. Employers’ E-Verify accounts are also unavailable, so employers will not be able to enroll in E-Verify; create an E-Verify case; view or take action on any case; add, delete, or edit any user account; reset a password; edit company information; terminate an account; or run reports. Also, employees will not be able to resolve E-Verify Tentative Nonconfirmations (TNCs). E-Verify said that the agency understands that E-Verify’s unavailability may have a “significant impact on employer operations.” To minimize the burden on both employers and employees, the agency has implemented the following policies:
    • The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
    • The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving a TNC.
    • USCIS said it will provide additional guidance regarding the “three-day rule” and time period to resolve TNC deadlines once operations resume.
    • Employers may not take adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.
    • Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should ask their contracting officer about extending federal contractor deadlines.
    • MyE-Verify accounts are unavailable and employees will not be able to access their accounts to use self-check, self-lock, case history, or case tracker.
    • Upcoming webinars are canceled.
    • Telephone and email support for Form I-9, E-Verify, and MyE-Verify is unavailable.

 

 

The E-Verify announcement

  • Conrad 30 waiver for J-1 doctors. This program allows J-1 doctors to apply for a waiver of the two-year residence requirement after completing the J-1 exchange visitor program. The expiration only affects the date by which the J-1 doctor must have entered the United States; it is not a shutdown of the Conrad 30 program entirely.

More information about the Conrad 30 waiver program

  • Non-minister special immigrant religious workers. This category allows non-ministers in religious vocations and occupations to immigrate or adjust status in the United States to perform religious work in a full-time, compensated position. The EB-4 non-minister special immigrant religious worker program expired due to a lapse in congressional authorization to continue the program. USCIS will reject any Form I-360 Special Immigrant petitions for Non-Minister Religious Workers received on or after December 22, 2018. Petitions received by USCIS before that date but not issued a final decision before December 22, 2018, will be placed on hold in case the program is reauthorized.

More information about the special immigrant religious workers program and expiration

The USCIS announcement

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3. USCIS Discontinues Case-Specific Assistance Via Service Center Email

U.S. Citizenship and Immigration Services (USCIS) announced that it is discontinuing use of USCIS service center emailboxes for case-specific questions as of January 21, 2019. Instead, USCIS is directing people to its online self-help tools and the USCIS Contact Center.

The service center email addresses being discontinued are:

  • California Service Center: csc-ncsc-followup@uscis.dhs.gov
  • Vermont Service Center: vsc.ncscfollowup@uscis.dhs.gov
  • Nebraska Service Center: NSCFollowup.NCSC@uscis.dhs.gov
  • Potomac Service Center: psc.ncscfollowup@uscis.dhs.gov
  • Texas Service Center: tsc.ncscfollowup@uscis.dhs.gov

The announcement, which includes information about USCIS’s online tools

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4. USCIS Closes Havana Field Office

U.S. Citizenship and Immigration Services (USCIS) permanently closed its field office in Havana, Cuba, as of December 10, 2018. The USCIS field office in Mexico City, Mexico, will assume the Havana field office’s jurisdiction over U.S. immigration matters for individuals who are in Cuba. The U.S. Department of State in Havana “will also assume responsibility for certain services previously handled by USCIS,” the agency said.

USCIS noted that U.S. embassy visa services in Havana have been almost entirely suspended since November 2017 due to a drawdown in staffing as a result of attacks affecting the health of U.S. embassy employees there. The Department of State and USCIS “continue to explore options to resume consular and other immigration services in alternate locations,” USCIS said.

The announcement, which includes details on filing instructions for individuals who live in Cuba or who petition for residents in Cuba

Information on the USCIS Mexico City field office

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5. ABIL Global: Update on Brexit vs. Freedom of Movement (for Workers)

This article provides a summary of highlights of “Brexit” and the outlook for the near future with respect to the free movement of affected workers.

It has now been over two and a half years since the United Kingdom (UK) resolved in a referendum held on June 23, 2016, by a slim majority (51.9% to 48.1%), to leave the European Union (EU). Following submission of the written Withdrawal Declaration to the European Council on March 29, 2017, effective after two years, negotiations on the terms and conditions of the withdrawal were initiated with some delay. An initial breakthrough in the negotiations was achieved about a year ago, and the first draft of the UK-EU Withdrawal Agreement was presented in the spring. The debate nevertheless continued to be highly controversial. Finally, in November 2018, despite all the adversity, a decisive breakthrough was achieved. On November 14, 2018, the EU and the UK reached an agreement on the revised version of the Withdrawal Agreement, which includes a transitional arrangement until December 31, 2020, which may be extended once by mutual agreement for a period that has not been specified.

However, this arrangement can only enter into force once it has been ratified by both the UK and the EU. Unless the Council agrees otherwise with the withdrawing Member State, Article 50, para. 3, TEU, states that European contracts will no longer apply after two years from the date of the formal application, i.e., after March 28, 2019, unless all Member States mutually agree on an extension. This is commonly referred to as “hard BREXIT” or “no deal” and would be accompanied by significant trade barriers between the UK and mainland Europe, with huge economic ramifications.

All of this is reason enough to take a closer look at the effects of the withdrawal from a residency law perspective and to appraise the (probable) future legal situation.

What is the law now and what will it be in the future? “The deal”

With regard to the freedom of movement (for workers), it is first necessary to bear in mind the regulations that will continue to apply until at least March 29, 2019, under the current legal situation and what would (probably) change in the future under the Withdrawal Agreement.

Legal Situation Before the Withdrawal

UK citizens continue to be (even after the Withdrawal Declaration on March 29, 2017) EU citizens or, more precisely, citizens of the Union. Article 17 of the Treaty on the Functioning of the European Union (TFEU) states that any person who is a citizen of a Member State is also a citizen of the Union. This is the situation until two years after the declaration of withdrawal, i.e., until March 28, 2019. At present, this means that the privileges granted to UK citizens with regard to the right to free movement and residence (for workers) continue to apply. This includes the right of workers:

  • to apply for jobs offered on the market
  • to move unrestrictedly within the territory of the Member States for that purpose
  • to reside in a Member State in order to pursue employment there in accordance with the laws, regulations, and administrative provisions applicable to employees in that State
  • to remain within the territory of a Member State after having been employed there under conditions laid down by the Commission by means of regulations

However, these privileges with regard to the right to free movement and residence of workers will continue to apply without restriction for a period of two years (subject to a mutually agreed extension of this period) after the UK submitted its declaration of withdrawal.

Anticipated Legal Situation After the Withdrawal

The Withdrawal Agreement includes transition provisions (“Implementation Period”) until December 31, 2020, to mitigate the effects of the withdrawal on Union citizens and British citizens and contains the following detailed regulations:

Free Movement of Workers

EU citizens residing legally, temporarily, or permanently in the UK at the time of the EU withdrawal may continue to live, work (or become unemployed with no fault of their own, self-employed, study or seek employment within the meaning of Article 7(3) of the Free Movement Directive), or study in the UK. The same applies to British citizens who live in an EU member state.

Persons living temporarily or permanently in the United Kingdom at the time of the withdrawal or the date of the Withdrawal Agreement may also remain in the country. The same applies analogously to British citizens who are legally residing in an EU member state, including persons living with them in non-marital relationships. EU negotiators rejected a request by negotiators from the United Kingdom that a regulation be provided for with regard to British citizens who move to an EU member state after the date of record, stating that they had no mandate to provide for such regulation and that such matters would be provided for in a later agreement.

EU and UK citizens must be legal residents in the host Member State at the end of the transitional period in accordance with EU law on the free movement of persons. However, the Withdrawal Agreement does not require a personal presence in the host country at the end of the transitional period—temporary absences do not affect the right of residence, and longer absences that do not restrict the right of permanent residence are permitted.

According to the Withdrawal Agreement, the above rights will not expire after the transitional period. This means that Union citizens retain their right of residence essentially under the same substantive conditions as under the EU right of free movement, but must apply to the UK authorities for a new UK residence status. After five years of legal residence in the UK, the UK residence status will be upgraded to a permanent status with more rights and enhanced protection.

The same applies to British citizens who continue to legally reside in an EU Member State after a period of five years.

Family Members

EU citizens who are already legal residents in the UK either temporarily or permanently, at the time of the country’s withdrawal from the EU, have a right to family unification, including with family members who do not live with them yet. In addition to spouses (or persons with equivalent status), this also concerns parents and children (including children born after the date of record). The applicable regulations under national law will apply to any other family members.

Social Security

EU citizens who are already living in the United Kingdom at the time of the country’s withdrawal from the EU, as well as British citizens who live in an EU Member State, will retain their entitlements from health and pension insurance plans, as well as other social security benefits, or these entitlements are mutually taken into account.

Administrative Procedures

The United Kingdom promises its resident EU citizens a special residential status that secures their rights and can be applied for easily and at a low cost. EU citizens living permanently or temporarily in the United Kingdom can have their status clarified by the responsible administrative authorities until two years after the date of record. Decisions are to be made exclusively on the basis of the Withdrawal Agreement, without any further discretionary powers. The procedure is proposed to be quick, simple, convenient, and free of charge.

Case Law

Under the Withdrawal Agreement, the European Court of Justice (ECJ) retains jurisdiction for pending cases and questions referred by British courts until the end of the transitional period. EU citizens can only litigate their rights before British courts; these courts, however, will give consideration to the case law of the ECJ for a transitional period of eight years after the expiration of the transitional period, and may also continue to submit questions to the ECJ.

Right to Permanent Residency

The right of EU citizens to permanent residency after they have been in the UK for five years will be retained, with regulations under European law continuing to be authoritative for the eligibility requirements. Time spent in the country before the withdrawal will be taken into account, and periods of temporary absence (of up to six months within a period of 12 months) from the United Kingdom for important reasons will not count toward this period. EU citizens living outside of the UK will only lose their right of permanent residency after a period of five years. Existing permanent residency permits are proposed to be converted free of charge, subject to an identity check, a criminal background and security check, and the assurance and confirmation of ongoing residency.

The State of Play

The road to the possible conclusion and entry into force of the Withdrawal Agreement remains rocky and almost impassable. To make things worse, all of this is playing out in a political minefield. Now that the EU has adopted the Withdrawal Agreement, it is the UK’s turn. The Parliament’s decision on the adoption of the Withdrawal Agreement was initially scheduled for December 11, 2018. In the meantime, however, British Prime Minister Theresa May held a crisis meeting and announced that she was postponing the vote until an unspecified later point in time. This is probably because recent surveys indicated that the Withdrawal Agreement would fail to attract a majority. According to press reports, the vote is proposed to take place by January 21, 2019.

Meanwhile, the EU has reiterated that the bloc will not be available for renegotiations on the Withdrawal Agreement. In the meantime, Ms. May held talks with German Chancellor Angela Merkel in Berlin and with leaders of other EU member states in Amsterdam, Holland, and Brussels, Belgium. So far, these talks have been without success. It is more than symbolic that Ms. May was unable to disembark upon arrival in Berlin due to a technical defect that prevented her car’s door from being opened. The times in which a “handbag” moment (this refers to former UK Prime Minister Margaret Thatcher, who “forced” a decision in a brash appearance in Brussels) is enough to persuade the EU to give in seem to be over. There is unanimous consent on the EU side that renegotiations are categorically excluded. Meanwhile, growing reports point to an imminent motion of censure in the British Parliament. The political pressure on Ms. May’s shoulders is therefore as heavy as it could possibly be despite of having survived the vote of no confidence on December 12, 2018.

A further possible way out of this dilemma that has now been suggested by the ECJ did not come as a surprise, given the opinion of the Advocate General published recently. In its judgment handed down on December 10, 2018, the ECJ, on the basis of a referral made at the request of Scotland’s highest civil court in the matter of Wightman et al. vs. Secretary of State for Exiting the European Union (C-621/18), ruled that it is possible under certain conditions for the UK to unilaterally revoke the Withdrawal Declaration issued to the EU on March 29, 2017. It would be possible for as long as there is no binding withdrawal agreement and the period of two years stipulated in Article 50(3) TFEU has not expired, for as long as the revocation is made by a unilateral, unequivocal, and unconditional written declaration to the European Council after the concerned Member State has enacted the revocation decision in accordance with its constitutional requirements. Irrespective of this fundamental possibility established in this judgment, it is questionable whether this would happen before March 29, 2019, as the decision to issue such a revocation would also be subject to a majority in the British Parliament and, in all likelihood, could not ever be validly declared without the consent of the majority of Parliament.

Given all of these circumstances, both sides (but more on the UK side than on the EU side) continue to find themselves under massive pressure. This is all the more true as the Withdrawal Agreement still needs to be ratified by the Member States. Any extension of the two-year negotiation window, which would only be possible by mutual agreement, seems highly unlikely and would always entail the risk of a Member State “throwing a wrench into things” or demanding significant concessions in other areas before agreeing to such an extension. In this context, the possibility of a unilateral revocation of the Withdrawal Declaration could gain significance.

Assessment—”The Complete Mess”

The current situation seems hopeless from the point of view of the UK. The ratification of the Withdrawal Agreement seems such a remote possibility that the British Prime Minister is apparently too afraid of even putting it to a vote. The negotiating partners at the EU are not willing to make any further concessions. The alternative of withdrawing from the EU without a transitional arrangement appears to entail unpredictable economic disadvantages for the UK. On the other hand, the outcome of a second referendum, once again conceivable after the ECJ ruling on the possibility of unilaterally revoking the Withdrawal Declaration, is not as clear-cut as may be suggested in some newspapers. Calling all of this a “complete mess” would probably be a fair assessment.

The history of the EU tells us that the negotiations likely will eventually come to an end with a compromise that is bearable for both sides, even though we cannot predict the details. There might even be a chance that the United Kingdom will in the end remain in the EU. Stay tuned.

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6. New Publications and Items of Interest

Refugee/asylee flyer. The Department of Justice’s Immigrant and Employee Rights Section (IER) recently updated an informational flyer providing refugees and asylees with information on the Form I-9 work authorization verification process and how to get help from IER for possible related discrimination. The flyer is available in Amharic, Arabic, Armenian, Burmese, English, Farsi, French, Karen, Kayah, Nepali, Russian, Simplified Chinese, Somali, Spanish, Swahili, Tigrinya, Ukrainian, and Urdu. See the DOJ website for more information. Under “IER Publications,” scroll down to “Information for Refugees and Asylees About the Form I-9” for links to the flyer in various languages. The English flyer is available here.

E-Verify webinars. Free E-Verify webinars are available by registering here. Upcoming topics include an E-Verify overview, E-Verify for existing users, Form I-9, myE-Verify, and information for federal contractors.

Webinars for employers and employees. The Immigrant & Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division is presenting webinars for employers and employees. The next webinar is on employers/HR representatives (November 23, 2018). More information here.

Alliance of Business Immigration Lawyers:

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

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

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

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

    • Statutes of Liberty: (new episode: A Prescription for Success: EB-1 for Physicians)
    • 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

E-Verify free webinar listings are here.

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

A new Forbes article, “U.S. Policies Harming Labor Mobility of H-1B Professionals,” quotes Dagmar Butte, Vic Goel, and William Stock. The article discusses how the combination of denials, long wait times, and suspension of premium processing is making it more difficult for H-1B professionals to change jobs. It concludes that the administration’s policies have made employers, H-1B professionals, and U.S. workers all worse off.

Robert Loughran and Matthew Myers, both of Foster LLP, provided an overview on December 4, 2018, of employment-based immigration strategies in the United States for small businesses and entrepreneurs from Latin America at the offices of Velocity Texas’ Global Accelerator Program, an initiative to incubate and accelerate competitively selected international companies in San Antonio, Texas.

Cyrus Mehta has authored several new blog entries: “Top 10 Most Viewed Posts Published on the Insightful Immigration Blog in 2018,” and “The Curse of Kazarian v. USCIS in Extraordinary Ability Adjudications Under the Employment-Based First Preference.”

Stephen Yale-Loehr was quoted in the South China Morning Post in “U.S. Investor Visa Programme Backlog Puts Chinese Capital at Risk” regarding the EB-5 immigrant investor green card program. Mr. Yale-Loehr said, “It’s a guessing game. Everybody is trying to figure out what to do and it’s a huge problem.” He noted that “the industry and investors need clarity, but nobody is holding their breath. They desperately need Congress to act on increasing the quota to alleviate the backlog, but that’s not anywhere on the horizon either. Unfortunately, I don’t see the light at the end of the tunnel.”

Mr. Yale-Loehr was quoted in two articles about a new federal court ruling blocking the Trump administration’s efforts to restrict asylum for people fleeing domestic violence and gangs. Both contain the same quote: “Although the government will almost certainly appeal, in the meantime … the federal court ruling ensures that people fleeing domestic violence or gang violence will have a fair shot.”

  • Los Angeles Times
  • Voice of America

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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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News

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

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