ABIL Immigration Insider • July 21, 2019

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Headlines:

1. DOL Unveils New H-2A Proposed Rule -Among other things, the Notice of Proposed Rulemaking would mandate electronic filing of job orders and applications, promote the use of digital signatures, and provide employers with the option of staggering the entry of H-2A workers on a single application.

2. House Holds Hearing on USCIS Policy Changes, Processing Delays -Witnesses included representatives from USCIS, the American Immigration Lawyers Association, Catholic Legal Immigration Network, the Immigrant Legal Resource Center, and the Center for Immigration Studies. Statements were also submitted by various organizations.

3. OFLC Announces List of H-2B Applications Selected for Assignment -OFLC announced the group of 493 H-2B applications covering 12,098 worker positions with the start date of work of October 1, 2019, randomly selected for assignment.

4. State Dept. Announces Temporary Establishment and Retrogression of August Employment-Based Final Action Dates -There has been a steadily increasing level of employment-based applicant demand for adjustment of status cases, and there is no indication that this trending increase will end. Therefore, the agency has established or retrogressed many of the August Final Action Dates.

5. DHS, DOJ Issue Joint Third-Country Asylum Rule -The Departments of Homeland Security and Justice issued a joint interim final rule barring eligibility for asylum, with some exceptions, for those entering or attempting to enter the United States via the southern border after transiting through a third country. The ACLU and others quickly filed suit to stop the ban.

6. USCIS Announces Changes to Naturalization Test -A USCIS working group is revising the naturalization test, and the agency is formalizing a decennial revision process to allow for updates every 10 years. Critics believe this is part of efforts by the Trump administration to reduce naturalizations.

7. State Dept. Announces Diversity Lottery 2020 Results -Approximately 83,884 applicants have been registered and notified and may now apply for an immigrant visa.

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. DOL Unveils New H-2A Proposed Rule

The Department of Labor (DOL) posted online an unofficial version of a Notice of Proposed Rulemaking (NPRM) on July 15, 2019, in advance of publication in the Federal Register, on proposed changes to the H-2A temporary agricultural labor certification program. DOL said the proposed changes would modernize the agency’s H-2A regulations “in a way that is responsive to stakeholder concerns and enhances employer access to a legal source of agricultural labor, while maintaining the program’s protections for the U.S. workforce and enhancing enforcement against fraud and abuse.”

Among other things, the NPRM would mandate electronic filing of job orders and applications, promote the use of digital signatures, and provide employers with the option of staggering the entry of H-2A workers on a single application. The NPRM also proposes to enhance standards applicable to rental housing and public accommodations, strengthen surety bond requirements, expand DOL’s authority to use enforcement tools like program debarment for substantial violations of program rules, and update the methodologies used to determine the Adverse Effect Wage Rates and prevailing wages.

Details: Unofficial NPRM; DOL announcement

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2. House Holds Hearing on USCIS Policy Changes, Processing Delays

On July 16, 2019, the House of Representatives held a hearing on policy changes and processing delays at U.S. Citizenship and Immigration Services (USCIS). Witnesses included representatives from USCIS, the American Immigration Lawyers Association (AILA), Catholic Legal Immigration Network (CLINIC), the Immigrant Legal Resource Center, and the Center for Immigration Studies. Statements were also submitted by various organizations.

Regarding policy changes, Jill Marie Bussey, CLINIC’s Director of Advocacy, cited the expansion of in-person interview requirements and related “extreme vetting,” new rules on requests for evidence and notices of intent to deny, elimination of the 90-day processing requirement for employment authorization documents, information services “modernization” that includes narrowing of the options and points of access for stakeholders to request information and services regarding their pending cases, the ending of self-scheduling of in-person InfoPass appointments at field offices, and diverting resources to enforcement-focused activities. All of these policy changes, she said, are contrary to USCIS’s mission, contribute to backlogs and inefficiencies, and create unnecessary barriers for applicants and their legal representatives, are not justified by data, and thus have contributed to significant consequences and cascading effects for employers, legal service providers, individuals and families, and USCIS and other agencies.

With respect to processing delays, Marketa Lindt, AILA President, testified that USCIS’s average case processing time surged by 46 percent from FY 2016 to FY 2018 and by 91 percent from FY 2014 to FY 2018. “[I]n FY 2018 the agency processed 94 percent of its benefit form types more slowly than in FY 2014. For many of these form types, processing times more than doubled in recent years, and some tripled. This past fiscal year, the agency’s overall backlog of delayed cases exceeded 5.69 million, a 69 percent increase over FY 2014.”

Details:

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3. OFLC Announces List of H-2B Applications Selected for Assignment

The Department of Labor’s Office of Foreign Labor Certification (OFLC) announced the group of 493 H-2B applications covering 12,098 worker positions with the start date of work of October 1, 2019, randomly selected for assignment.

OFLC said it successfully completed the randomization process on July 8, 2019, and assigned to analysts all of the H-2B applications placed in Assignment Group A for issuance of notices of deficiency or acceptance. Because the total number of H-2B applications contained an insufficient number of worker positions to reach the first semiannual visa allotment (33,000), no other assignment groups were created. OFLC provided written notice to each employer and, where applicable, the employer’s authorized attorney or agent.

Details: List of H-2B applications in Assignment Group A; DOL announcement of H-2B temporary labor certification program changes and how applications are assigned to staff for review

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4. State Dept. Announces Temporary Establishment and Retrogression of August Employment-Based Final Action Dates

The Department of State’s (DOS) Visa Bulletin for August 2019 notes that there has been a steadily increasing level of employment-based applicant demand since late May for adjustment of status cases filed with U.S. Citizenship and Immigration Services, and there is no indication that this trending increase will end. Therefore, the agency has established or retrogressed many of the August Final Action Dates in an effort to hold worldwide number use within the maximum allowed under the FY 2019 annual limits.

The implementation of these dates is expected to be only a temporary issue, DOS said. For October, the first month of fiscal year 2020, “every effort will be made to return these final action dates to those which applied for July.”

Details: DOS Visa Bulletin for August 2019 (scroll down to “D”)

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5. DHS, DOJ Issue Joint Third-Country Asylum Rule

On July 16, 2019, effective immediately, the Departments of Homeland Security and Justice issued a joint interim final rule barring eligibility for asylum, with some exceptions, for those entering or attempting to enter the United States via the southern border who did not apply for protection in at least one third country outside the person’s country of citizenship, nationality, or last lawful habitual residence through which they transited en route to the United States. The rule would also require asylum officers and immigration judges to apply this new bar on asylum eligibility when administering the credible-fear screening process applicable to stowaways and aliens subject to expedited removal under section 235(b)(1) of the Immigration and Nationality Act. The new bar established by this regulation does not modify withholding or deferral of removal proceedings.

The American Civil Liberties Union (ACLU) Foundation’s Immigrants’ Rights Project and others immediately filed suit in the U.S. District Court in San Francisco, California, to stop the asylum ban. They argued that under U.S. law, the government cannot disqualify asylum applicants solely on the basis of transiting through a third country. The complaint states that the rule “is a part of an unlawful effort to significantly undermine, if not virtually repeal, the U.S. asylum system at the southern border.”

Comments on the interim final rule are due by August 15, 2019, to be submitted by one of the methods listed in the rule.

Details: DHS announcement; interim final rule; ACLU complaint

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6. USCIS Announces Changes to Naturalization Test

On July 19, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it is revising the current naturalization test in English and civics.

In December 2018, USCIS formed a naturalization test revision working group with members from across the agency. The working group is reviewing and updating the naturalization test questions. The group will also assess potential changes to the speaking portion of the test. USCIS said it “is soliciting the input of experts in the field of adult education to ensure that this process is fair and transparent.” Details of the changes being considered were not released. USCIS plans to pilot the test revision this fall, and to set an implementation date in December 2020 or early 2021. USCIS is also formalizing a decennial revision process to allow for updates every 10 years. Critics have expressed concerns that the announcement is a continuation of efforts by USCIS to make naturalization more difficult, including dramatically slowing down the processing of naturalization applications.

Details: USCIS announcement;

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7. State Dept. Announces Diversity Lottery 2020 Results

The Kentucky Consular Center has registered and notified the winners of the DV-2020 diversity lottery. Approximately 83,884 applicants have been registered and notified and may now apply for an immigrant visa, the Department of State (DOS) announced. Since it is likely that some of the persons registered will not pursue their cases to visa issuance, the agency said this larger figure should ensure that all DV-2020 numbers will be used during fiscal year 2020 (October 1, 2019, to September 30, 2020).

Applicants registered for the DV-2020 program were selected at random from 14,722,798 qualified entries (23,182,554 with derivatives) received during the 34-day application period in late 2018. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country.

During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. DOS said that those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letters and must fully complete the information requested.

Details: DOS Visa Bulletin for August 2019 (scroll down to “E”), which includes a country-by-country list of the numbers

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8. New Publications and Items of Interest

How to create a case in E-Verify. E-Verify has released a new video series, “How to Create a Case.” The short videos include Create an E-Verify Case, Close an E-Verify Case, and Process and Refer Your Tentative Nonconfirmation (TNC) Case

How to prepare for immigration raids. Cornell University’s immigration technology clinic has developed an automated online interview to help people prepare if they or others are worried about being detained or deported. It can help people prepare their family, manage their property, close out their bank accounts, and perform other emergency preparations. The online interview is available in English and Spanish.

Responding to large-scale immigration raids. The Immigration Justice Campaign and the American Immigration Lawyers Association have released information on what to do in the event of large-scale interior enforcement actions. See Immigration Justice and AILA.

CBP accountability. A new website documents litigation across the United States in an effort to establish U.S. Customs and Border Protection (CBP) accountability and transparency. The website, which also directs readers to additional resources, is a joint project of the American Civil Liberties Union of San Diego and Imperial Counties, the American Immigration Council, the National Immigration Project of the National Lawyers Guild, and the Northwest Immigrant Rights Project. Click here to view the website.

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:

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:

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

Charles Kuck was quoted by the New York Times in “What Happens After an ICE Raid? Explaining the Deportation Process.” Mr. Kuck noted that authorities in the past have used ruses to coax their targets into cooperating, like pretending to be looking for someone else.

Mr. Kuck has released a new podcast series, the Immigration Hour. The latest episode discusses the “raids” that did not occur, the economic impact of the current climate, the role of Ken Cuccinelli as new Director of USCIS, and the “new” anti-asylum regulations.

Kuck Baxter Immigration LLC has opened a new office in Adel, Georgia, near the Irwin, Folkston, and Stewart Detention Centers, which hold more than 5,000 detained immigrants. The new office will be run by Elizabeth Matherne, who is the former Southern Poverty Law Center’s director for the Irwin Detention Project.

Stephen Yale-Loehr was interviewed by Raw Story in “Immigration Expert Explains Why Trump’s Migrant Policy Won’t Work.” Among other things, in response to a question asking for his thoughts on U.S. Immigration and Customs Enforcement, he said, “All countries need some kind of immigration enforcement agency. The question is how to manage immigration enforcement humanely and effectively. Moreover, Congress will never appropriate enough money to round up and deport all 11 million undocumented immigrants estimated to be in the United States. We should focus our limited priorities on removing terrorists, not people who simply overstayed their visas.”

Mr. Yale-Loehr discussed “Immigration Meritocracy,” regarding his new research project studying merit-based immigration, what a “merit-based” immigration system means, and how it would work in the United States, in a podcast presented by the Everyday Immigration Podcast, produced by LionCeau Productions.

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10. Government Agency Links

ollow 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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ABIL Immigration Insider • July 14, 2019

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Headlines:

1. ICE Moving Forward With Arrests of Thousands of Immigrants and Family Members -ICE plans to move forward with operations to arrest and quickly deport thousands of immigrants and their family members who are in the United States without authorization.

2. House Passes Bill to Eliminate Per-Country Cap on Employment-Based Immigrants -The U.S. House of Representatives passed the “Fairness for High-Skilled Immigrants Act of 2019” (H.R. 1044) on July 10, 2019. The bill will be considered by the Senate next.

3. Executives of Staffing Companies Charged With H-1B Visa Fraud -Four executives of two information technology staffing companies have been arrested on charges of conspiracy to commit visa fraud, for fraudulently using the H-1B visa program to gain an unfair advantage over competitors.

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

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

6. Government Agency Links -Government Agency Links

Details:

1. ICE Moving Forward With Arrests of Thousands of Immigrants and Family Members

President Trump told reporters recently that U.S. Immigration and Customs Enforcement (ICE) is moving forward with previously postponed operations to arrest and quickly deport thousands of immigrants and their family members who are in the United States without authorization. According to reports, some may be held in detention centers in Texas and Pennsylvania and others may be detained in hotel rooms while they are processed.

Immigrants are being advised, among other things, to make emergency plans and that they are not legally required to open the door to ICE agents without a search warrant or court order. Some may have the right to reopen their immigration cases.

Some organizations helping immigrant families in need include KIND (Kids in Need of Defense), Women’s Refugee Commission, Catholic Legal Immigration Network, ACLU Immigrants’ Rights Projects, RAICES, Al Otro Lado, Florence Project, Lawyers for Good Government (Project Corazon Travel Fund), Justice in Motion, Immigrant Families Together, Innovation Law Lab, ActBlue, Lights for Liberty, United We Dream, American Immigration Council, National Immigration Law Center, Human Rights First, National Immigrant Justice Center, ALDEA-People Justice Center, American Immigration Council, Immigrant Justice Campaign, PIRC (Pennsylvania Immigration Resource Center), CIRC (Penn State Law Center for Immigrants’ Rights Clinic), Annunciation House, HIAS, and Cornell Law School.

Additional resources and information for helping families at risk of deportation are listed below under “New Publications and Items of Interest.” See also “ABIL Member/Firm News” below, which includes numerous news articles with related information and advice.

Details: News articles: NYTimes, Daily Mail, Syracuse.com, Quartz, Business Insider, Univision (Spanish)

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2. House Passes Bill to Eliminate Per-Country Cap on Employment-Based Immigrants

The U.S. House of Representatives passed the “Fairness for High-Skilled Immigrants Act of 2019” (H.R. 1044) on July 10, 2019. The bill, introduced by Reps. Zoe Lofgren (D-CA) and Ken Buck (R-CO), would eliminate the per-country cap (numerical limitation) on employment-based immigrants and raise family-based per-country caps from 7 to 15 percent. The per-country cap provision would be implemented over a three-year phase-in period: during year one, no more than 85 percent of employment-based visas could be allocated to India or China; in years two and three, no more than 90 percent of employment-based visas could be allocated to those countries. An additional provision protects people who have immigrant visa petitions approved before September 30, 2019. The legislation is expected to benefit primarily Indian and Chinese workers, who constitute the largest proportion of H-1B skilled workers waiting for years in the U.S. green card backlog.

The bill will be considered by the Senate next. The Senate version, S. 386, was recently blocked by Rand Paul (R-Ky.), who said he wants to amend the bill with an accommodation for EB-3 nurses. Other recent developments on the Senate side included the addition of provisions strengthening H-1B specialty occupation enforcement requested by Sens. Mike Lee (R-Utah) and Charles Grassley (R-Iowa). Although the bill has bipartisan support, it is unclear whether it has a chance of passage.

Details: Text and history of the House version; Rep. Lofgren’s statement; Senate version of the bill; news reports from Bloomberg Law, Desert News, and Business Today

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3. Executives of Staffing Companies Charged With H-1B Visa Fraud

Four executives of two information technology staffing companies have been arrested on charges of conspiracy to commit visa fraud, for fraudulently using the H-1B visa program to gain an unfair advantage over competitors. The conspiracy charge carries a maximum penalty of five years in prison and a $250,000 fine.

The defendants allegedly used staffing companies to recruit foreign nationals and sponsor them for H-1B visas. According to U.S. Citizenship and Immigration Services (USCIS), to expedite their visa applications, they filed H-1B applications falsely asserting that the foreign workers/beneficiaries had already secured positions at another company when in reality no such positions existed. Instead, the defendants used the fraudulent applications to build a “bench” of job candidates already admitted to the United States who could then be hired out immediately to client companies without the need to wait for visa application processing, giving the defendants an advantage over their competitors in the staffing industry, USCIS said.

Details: USCIS release

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4. New Publications and Items of Interest

“Everyday Immigration” podcast. What actually happens when a U.S. citizen marries someone from another country? How do foreign-born co-workers come to the United States? Why do employees have to fill out an immigration form when they start a new job? In the “Everyday Immigration” podcast, twice a month Dave Wilks speaks with people from all walks of life to explore the “everyday” effects of immigration. The podcasts are available here and most major podcast services.

E-Verify benefits video. E-Verify has released a new short video for employers on the basics of E-Verify.

How to prepare for immigration raids. Cornell University’s immigration technology clinic has developed an automated online interview to help people prepare if they or others are worried about being detained or deported. It can help people prepare their family, manage their property, close out their bank accounts, and perform other emergency preparations. The online interview is available in English and Spanish.

Responding to large-scale immigration raids. The Immigration Justice Campaign and the American Immigration Lawyers Association have released information on what to do in the event of large-scale interior enforcement actions. See Immigration Justice and AILA.

CBP accountability. A new website documents litigation across the United States in an effort to establish U.S. Customs and Border Protection (CBP) accountability and transparency. The website, which also directs readers to additional resources, is a joint project of the American Civil Liberties Union of San Diego and Imperial Counties, the American Immigration Council, the National Immigration Project of the National Lawyers Guild, and the Northwest Immigrant Rights Project. Click here to view the website.

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:

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:

Advisories and tips:

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

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5. ABIL Member / Firm News

Cyrus Mehta has published a new blog entry, “Save Optional Practical Training for Foreign Students.”

Angelo Paparelli was profiled in the Los Angeles Daily Journal. The profile notes, among other things, that along with compliance audits, counsel and due diligence in mergers, acquisitions and corporate restructuring, Mr. Paparelli focuses on newly developed problems with sponsored worker immigration issues. “This is a time of historically unprecedented executive branch opposition to the legal, employment-based process for sponsorship of highly skilled noncitizens and intense immigration-related work site enforcement,” he said, noting that it is essential to maintain clients’ confidentiality due to fears of government retaliation. The article is available by subscription here.

Stephen Yale-Loehr was quoted by a variety of news outlets regarding reports of possible immigration raids:

  • Voice of America: U.S. immigration raids planned. Mr. Yale-Loehr said, “Given the inefficiencies in the immig ration court system, many people may have been ordered deported illegally because the immigration agency didn’t have their correct address to notify them about their immigration court date. In such cases, they may have the right to reopen their immigration case,” he said. Mr. Yale-Loehr noted that undocumented people living in the U.S. have certain constitutional rights. “Immigration agents are not legally allowed to forcibly enter a home [without authorization]. Immigrants can refuse to open the door when an agent approaches, unless the agents have a valid search warrant.”
  • Reuters (several newspapers): “Two thousand people deported is not that large in the annual scheme of things,” said Stephen Yale-Loehr, pointing out that the administration of former President Obama deported more than 400,000 people a year during his first term. “On the other hand, the mere fact that they are announcing these raids is sending fear among immigrants and is causing them to hide or take other actions,” he said. The article notes that President Trump will want to show his supporters that he is delivering on campaign promises to crack down on illegal immigration, a signature policy objective of his administration. “He’s been trying to do something for months,” Mr. Yale-Loehr said.

Mr. Yale-Loehr was also quoted in the following media on the same topic:

  • Lawandcrime.com: ICE scheduling raids to arrest alleged undocumented immigrants – what to know
  • Daily Mail: Trump-backed ICE raids have already started in California ahead of thousands of immigrants being rounded up nationwide this weekend, claim lawyers
  • Quartz: The best ways to help immigrants in the US caught up in ICE raids
  • Syracuse.com: On eve of planned immigration raids, Syracuse advocates remind people of their rights
  • City & State: New York’s limited power to resist ICE raids
  • Business Insider: Immigrants have rights when ICE comes to arrest them, but experts warn this only goes so far
  • Univision: Did you know that a deportation order can be challenged? (Spanish)
  • Marketplace

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6. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

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ABIL Immigration Insider • July 07, 2019

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Headlines:

1. Sen. Paul Blocks Bill to Eliminate Per-Country Cap on Employment-Based Green Cards -The “Fairness for High-Skilled Immigrants Act of 2019” (S. 386), a bill that would eliminate the 7 percent per-country cap (numerical limitation) on employment-based immigrants, among other things, was blocked in the Senate by Rand Paul (R-Ky.).

2. OMB Concludes Review of EB-5 Immigrant Investor Program ‘Modernization’ Regulation -It is unclear when the regulation will be published or what, if any, changes have been made since the proposed rule was released in January 2017.

3. U.S. Recognizes Extension of Venezuelan Passport Validity -The Department of State released a statement recognizing an extension of Venezuelan passport validity for an additional five years past the printed date of expiration, for visa issuance and other consular purposes.

4. Trump Administration Imposes Hefty Fines on Immigrant Overstays -ICE has begun sending out notices of fines of up to hundreds of thousands of dollars to immigrants in the United States without authorization for violations including “failing to depart the U.S. as previously agreed.”

5. ABIL Global: Australia -Australia has implemented the Temporary Skill Shortage (TSS) and employer nomination sponsored visas. While certain transitional arrangements remain, the old Subclass 457 Visa has been replaced by the TSS Visa (Subclass 482).

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. Sen. Paul Blocks Bill to Eliminate Per-Country Cap on Employment-Based Green Cards

The “Fairness for High-Skilled Immigrants Act of 2019” (S. 386), a bill that would eliminate the 7 percent per-country cap (numerical limitation) on employment-based immigrants, among other things, was blocked in the Senate by Rand Paul (R-Ky.), who wants to amend the bill with an accommodation for EB-3 nurses. The legislation is expected to benefit primarily Indian and Chinese workers, who constitute the largest proportion of foreign H-1B skilled workers waiting for years in the green card backlog.

Other recent developments included the addition of provisions strengthening H-1B specialty occupation enforcement by Sens. Mike Lee (R-Utah) and Charles Grassley (R-Iowa). As of press time, S. 386 had 34 bipartisan co-sponsors; the House version, H.R. 1044, which does not include the H-1B provisions, had 311.

Details: Senate version of the bill; Text and history of the House version; news reports from Bloomberg and Desert News

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2. OMB Concludes Review of EB-5 Immigrant Investor Program ‘Modernization’ Regulation

The Office of Management and Budget (OMB) announced on June 27, 2019, that it has completed its review of the “EB-5 Immigrant Investor Program Modernization” regulation. It is unclear when the regulation will be published or what, if any, changes have been made since the proposed rule was released in January 2017.

The January 2017 version proposed several major revisions to the EB-5 program regulations, such as priority date retention for certain EB-5 petitioners for use in connection with any subsequent EB-5 immigrant petition; increasing the standard minimum investment amount for all new EB-5 petitioners from $1 million to $1.8 million, and increasing the minimum investment amount for investors in targeted employment areas (TEAs) from $500,000 to $1.35 million; making changes to the TEA designation process; and revising the process for removing conditions on permanent residence.

Details: 2017 proposed rule; 2017 comments from IIUSA: Invest in the USA

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3. U.S. Recognizes Extension of Venezuelan Passport Validity

The Department of State (DOS) released a statement recognizing an extension of Venezuelan passport validity for an additional five years past the printed date of expiration, for visa issuance and other consular purposes.

DOS noted that U.S. Customs and the Border Patrol will likewise recognize the passports covered by a decree signed by Venezuelan Interim President Juan Guaido on May 21, 2019, and published by the National Assembly.

Details: DOS statement

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4. Trump Administration Imposes Hefty Fines on Immigrant Overstays

According to reports, U.S. Immigration and Customs Enforcement (ICE) has begun sending out notices of fines of up to hundreds of thousands of dollars to immigrants in the United States without authorization for violations including “failing to depart the U.S. as previously agreed.”

The notices follow an executive order issued on January 25, 2017, “Enhancing Public Safety in the Interior of the United States,” which calls for, among other things, “the assessment and collection of all fines and penalties that the Secretary is authorized under the law to assess and collect from aliens unlawfully present in the United States and from those who facilitate their presence in the United States.”

Details: Executive Order; news reports from NPR, US News, and Washington Post

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5. ABIL Global: Australia

Australia has implemented the Temporary Skill Shortage (TSS) and employer nomination sponsored visas. While certain transitional arrangements remain, the old Subclass 457 Visa has been replaced by the TSS Visa (Subclass 482).

As with the previous 457 process, the TSS Visa consists of three separate applications: (1) the application by the employer to be approved as a sponsor; (2) the nomination; and (3) the visa application. To sponsor an employee, the employer must be approved as a Standard Business Sponsor. Sponsorship approvals may be valid for five years. In certain circumstances, a sponsor may seek accreditation, which may enable future nominations and visas for that accredited sponsor to be expedited.

Central to the nomination application is the establishment of two separate lists of approved occupations: the Short-Term Skills Occupation List (STSOL) and the Medium and Long-Term Strategic Skills List (MLTSSL). Visas granted relating to nominations of occupations on the STSOL are granted for a two-year period. After that period, a further and final period of two years may be sought. Where international trade obligations apply, a four-year visa may be granted. Visa applications granted relating to nominations for occupations on the MLTSSL may be approved for a four-year period.

Only the holders of TSS visas relating to MLTSSL occupations are entitled to be nominated for an Employer Nomination Subclass 186 Permanent Visa. As one would expect, this provision has caused substantial angst. Certain revisions of the lists have already taken place and occupations previously on the STSOL have been removed and inserted into the MLTSSL following criticism.

Details: Australian Department of Home Affairs, Temporary Skill Shortage Visa (under development)

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6. New Publications and Items of Interest

Responding to large-scale immigration raids. The Immigration Justice Campaign and the American Immigration Lawyers Association have released information on what to do in the event of large-scale interior enforcement actions. See Immigration Justice and AILA

CBP accountability. A new website documents litigation across the United States in an effort to establish U.S. Customs and Border Protection (CBP) accountability and transparency. The website, which also directs readers to additional resources, is a joint project of the American Civil Liberties Union of San Diego and Imperial Counties, the American Immigration Council, the National Immigration Project of the National Lawyers Guild, and the Northwest Immigrant Rights Project. More information

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:

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:

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

Stephen Yale-Loehr was quoted by City & State New York in “Where Are New York’s Sanctuary Cities?” Mr. Yale-Loehr noted that ” ‘[s]anctuary’ means different things to different people. And it is not a legal term.” 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

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ABIL Immigration Insider • June 30, 2019

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Headlines:

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

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

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

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

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

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

7. Government Agency Links -Government Agency Links

Details:

1. USCIS Expands ‘FIRST’ Digital FOIA System

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

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

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

Details: USCIS announcement

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

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

USCIS noted the following points:

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

Details: USCIS announcement

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3. Acting CBP Commissioner To Step Down After Two Months

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

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

Details: News reports: CNN, CNBC, AXIOS

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

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

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

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

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

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5. New Publications and Items of Interest

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

Alliance of Business Immigration Lawyers:

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:

Advisories and tips:

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

Back to Top

6. ABIL Member / Firm News

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

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

Cyrus Mehta has authored several new blog entries: “”; and “.”

 

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7. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

ABIL Immigration Insider • June 23, 2019

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Headlines:

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

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

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

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

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

6. Government Agency Links -Government Agency Links

Details:

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

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

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

Details: USCIS announcement

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

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

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

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

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

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

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

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

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

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

Details: IIUSA letter

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4. New Publications and Items of Interest

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

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

Alliance of Business Immigration Lawyers:

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:

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

5. ABIL Member / Firm News

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

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

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6. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

ABIL Immigration Insider • June 16, 2019

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Headlines:

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

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

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

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

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

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

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

8. Government Agency Links -Government Agency Links

Details:

1. Ken Cuccinelli Named Acting Director of USCIS

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

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

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

Details: USCIS announcement; Center for American Progress letter

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

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

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

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

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

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

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

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

Details: USCIS announcement

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

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

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

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

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

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

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

More specifically:

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

Details: USCIS announcement; Presidential Memorandum

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6. New Publications and Items of Interest

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

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

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

Alliance of Business Immigration Lawyers:

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:

Advisories and tips:

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

Back to Top

7. ABIL Member / Firm News

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

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

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

 

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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

ABIL Immigration Insider • June 09, 2019

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Headlines:

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

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

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

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

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

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

7. Government Agency Links -Government Agency Links

Details:

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

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

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

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

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

Details: Latest USCIS notice; USCIS previous announcement

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

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

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

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

Details: OFLC FLAG System/notice

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

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

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

Details: USCIS announcement; previous USCIS notice

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

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

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

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

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

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5. New Publications and Items of Interest

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

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

Alliance of Business Immigration Lawyers:

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:

Advisories and tips:

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

Back to Top

6. ABIL Member / Firm News

Cyrus Mehta has published several new blog entries: “Fallout from Trump’s Muslim Ban: Requiring Use of Social Media on Visa Applications,” and “Making the Case for Expanding a Foreign National’s Interest in an I-140 Petition.”
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7. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

ABIL Immigration Insider • June 02, 2019

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Headlines:

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

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

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

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

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

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

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

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

9. Government Agency Links -Government Agency Links

Details:

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

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

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

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

Details: DOS Visa Bulletin for June 2019; USCIS announcement

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

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

USCIS specifically wants feedback from:

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

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

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

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

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

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

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

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

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

Details: News reports: CNN, Politico

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

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

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

Details: DOS announcement; travel advisories

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6. ABIL Global: France

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

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

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

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

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

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

Details: Client alert

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7. New Publications and Items of Interest

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

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

Alliance of Business Immigration Lawyers:

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:

Advisories and tips:

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

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8. ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, announced that the final installment in its blog series, “Strategies for Success Series: Analyzing AAO Decisions,” is available now. The is titled, “.” The second blog in the series was “”. The first blog in the series was ”
”
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9. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

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ABIL Immigration Insider • May 26, 2019

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Headlines:

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

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

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

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

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

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

7. Government Agency Links -Government Agency Links

Details:

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

The Trump administration recently announced its spring 2019 regulatory agenda.

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

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

Details: Announcement; ;

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

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

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

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

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

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

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

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

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4. USCIS Director Cissna Out Effective June 1

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

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

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

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5. New Publications and Items of Interest

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

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:

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:

Advisories and tips:

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

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6. ABIL Member / Firm News

Laura Devine Solicitors won several awards recently:

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

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

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

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

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

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

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7. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

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ABIL Immigration Insider • May 19, 2019

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Headlines:

 

  1. Trump Proposes Merit-Based Immigration Plan –

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

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

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

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

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

  1. New Publications and Items of Interest –

New Publications and Items of Interest

  1. ABIL Member / Firm News –

ABIL Member / Firm News

  1. Government Agency Links –

Government Agency Links

 

 

Details:

Trump Proposes Merit-Based Immigration Plan

 

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

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

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

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

Details: Video and transcript

 

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

 

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

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

Details: USCIS announcement

 

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Lawsuit Accuses USCIS of ‘Attack’ on IT Consulting

 

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

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

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

Details: Lawsuit

 

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New Publications and Items of Interest

 

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

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

Alliance of Business Immigration Lawyers:

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:

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

ABIL Member / Firm News

 

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

Angelo Paparelli has authored a new blog entry, “.”

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

 

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Government Agency Links

 

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post