Posts

ABIL Immigration Insider • September 22, 2019

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Headlines:

1. Visa Bulletin Reflects Substantial Forward Movement; USCIS Instructs Employment-Based Beneficiaries to Use ‘Dates for Filing’ in October -The Department of State’s Visa Bulletin for October 2019 reflects substantial forward movement. Also, beneficiaries of employment-based immigrant petitions should use the “Dates for Filing” rather than the “Final Action Dates,” or priority dates, when filing during October 2019.

2. USCIS Reminds Employers: Only Unrestricted Social Security Cards Are Acceptable for I-9 Purposes -USCIS has reminded employers that they may accept only unrestricted Social Security cards for I-9 verification purposes, and has updated the form accordingly.

3. DHS Reverses Medical Deferred Action Cancellation, Will Consider Case-by-Case -After initially sending out letters canceling noncitizen recipients’ deferred action status based on medical reasons, and ordering them to leave the country, and then allowing pending applications to continue but not accepting new applications, the Department of Homeland Security has announced that it will resume considering such applications on a case-by-case basis. The policy garnered significant media attention, particularly relating to children, and was the subject of a recent congressional hearing.

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. Visa Bulletin Reflects Substantial Forward Movement; USCIS Instructs Employment-Based Beneficiaries to Use ‘Dates for Filing’ in October

The Department of State’s Visa Bulletin for the month of October 2019 reflects substantial forward movement as anticipated with the beginning of the federal fiscal year on October 1, 2019. Specifically, only the EB-1 preference category as well as India and China-born applicants remain backlogged for the dates that U.S. Citizenship and Immigration Services (USCIS) will accept applications during the month of October 2019.

In a departure from recent months, USCIS also confirmed on its website that beneficiaries of employment-based immigrant petitions should use the “Dates for Filing” rather than the “Final Action Dates,” or priority dates, when filing during the month of October 2019. In the recent past, USCIS had generally required employment-based immigrant visa applications to be filed based on the Final Action Dates, which were typically later than the Dates for Filing.

Although USCIS will accept applications during the month of October, an applicant’s Final Action Dates, or priority dates, must become Current before USCIS may approve the case.

Beneficiaries of employment-based immigrant petitions who may become eligible to file adjustment of status applications in October may want to start preparation of these applications as soon as possible with their Alliance of Business Immigration Lawyers attorney to plan for the earliest possible filing date in the month of October.

Details: Visa Bulletin for October 2019;

 

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2. USCIS Reminds Employers: Only Unrestricted Social Security Cards Are Acceptable for I-9 Purposes

U.S. Citizenship and Immigration Services (USCIS) has reminded employers that they may accept only unrestricted Social Security cards for Form I-9 employment authorization verification purposes, and has updated the I-9 form accordingly.

If the Social Security card has one of the following restrictions, USCIS said the employer should ask the employee to provide a different document showing work authorization:

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

Details: E-Verify reminder about unrestricted Social Security numbers and cards

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3. DHS Reverses Medical Deferred Action Cancellation, Will Consider Case-by-Case

After initially sending out letters canceling noncitizen recipients’ deferred action status based on medical reasons, and ordering them to leave the country, and then allowing pending applications to continue but not accepting new applications, the Department of Homeland Security has announced that it will resume considering such applications on a case-by-case basis. The policy garnered significant media attention, particularly relating to children, and was the subject of a recent congressional hearing.

According to reports, Acting Homeland Security Secretary Kevin McAleenan made the decision, which followed dramatic testimony at a hearing before the House of Representatives’ Oversight Committee from several affected immigrants who said they expected to die without the treatment they can get only in the United States.

Details:

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4. New Publications and Items of Interest

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 by clicking here.

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

Joseph Law Firm, P.C. has a new partner and a new name. It is now Joseph & Hall P.C. See https://www.immigrationissues.com/.
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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 • September 15, 2019

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Headlines:

1. Supreme Court Allows Enforcement of Trump Administration Asylum Rule -The Supreme Court has allowed enforcement of a new Trump administration rule, which requires asylum seekers passing through third countries to apply for asylum in those countries first before seeking asylum in the United States, to move forward pending disposition of the administration’s appeal in the Ninth Circuit.

2. DHS Issues Guidance on Visa Requirements for Bahamian Citizens Traveling to the United States -The Department of Homeland Security (DHS) issued guidance for Bahamians wishing to travel to the United States following the recent devastation of Hurricane Dorian.

3. El Salvador TPS EADs Listing a Sept. 9 Expiration Remain Valid Through Jan. 2 -Employment authorization documents for El Salvadoran temporary protected status beneficiaries showing a category code of “A-12” or “C-19” and an expiration date of 09/09/2019 are valid through January 2, 2020. Workers do not need to present additional documentation.

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. Supreme Court Allows Enforcement of Trump Administration Asylum Rule

The Supreme Court has allowed enforcement of a new Trump administration rule, which requires asylum seekers passing through third countries to apply for asylum in those countries first before seeking asylum in the United States, to move forward pending disposition of the administration’s appeal in the Ninth Circuit. Most of those affected are Central Americans trying to reach the United States. Other migrants also seek asylum when they arrive at the southern border from other parts of the world, including Asia, Africa, and South America.

Two justices dissented from the Supreme Court’s decision in Barr v. East Bay Sanctuary Covenant, including Ruth Bader Ginsburg and Sonia Sotomayor, who wrote, “Once again, the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution.” Thousands of people reportedly are waiting in Mexico for their turn to apply for asylum in the United States.

Details:

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2. DHS Issues Guidance on Visa Requirements for Bahamian Citizens Traveling to the United States

The Department of Homeland Security (DHS) issued guidance on September 9, 2019, for Bahamians wishing to travel to the United States following the recent devastation of Hurricane Dorian. According to reports, the Trump administration does not plan to extend temporary protected status to Bahamians in the United States.

DHS is requiring all such Bahamians to possess valid, unexpired travel documents, such as a passport or Bahamian Travel Document listing the nationality as Bahamian. Bahamians arriving to the United States by vessel must be in possession of a valid passport and valid travel visa, DHS said. Bahamian citizens may apply for admission to the United States without a visa at one of the U.S. Customs and Border Protection (CBP) Preclearance facilities located in Nassau or Freeport International Airports if they meet certain requirements. Travelers who would otherwise qualify for the Visa Waiver Program and who travel by air from a CBP Preclearance facility in Freeport or Nassau may not need a U.S. visitor’s visa. All other travelers arriving from the Bahamas (U.S. citizens and lawful permanent residents, and individuals of other nationalities) must possess a valid, unexpired government–issued passport.

Acting CBP Commissioner Mark Morgan told CNN, however, that CBP would “apply discretion on a case-by-case basis” to Bahamians who make it to the United States without travel documents. “We’re not going to deny somebody solely because they don’t have travel documents,” he said. Meanwhile, Sens. Marco Rubio and Rick Scott sent a letter to the Trump administration asking it to suspend “certain visa requirements” for Bahamians with relatives in the United States with whom they can stay. The letter noted Florida’s “historically deep ties with the Bahamas” and that many Floridians have family in the Bahamas. On September 9, 2019, Sen. Rubio tweeted that “a cruise ship took 1,500 survivors to Palm Beach without requiring them to show visas after coordinating a pre-screening for passports & clean criminal record with @CBP.” This contrasted with a ferry that kicked 100 Bahamian passengers off; Sen. Rubio tweeted that that ship “apparently didn’t coordinate a pre-screening & then didn’t want to wait for one.”

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3. El Salvador TPS EADs Listing a Sept. 9 Expiration Remain Valid Through Jan. 2

The Department of Justice (DOJ) issued a reminder on September 9, 2019, that employment authorization documents (EADs) for El Salvadoran temporary protected status (TPS) beneficiaries showing a category code of “A-12” or “C-19” and an expiration date of 09/09/2019 are valid through January 2, 2020. DOJ noted that workers do not need to present additional documentation, such as an I-797C receipt notice, for this automatic extension for Form I-9 work authorization verification purposes.

EADs were also extended for TPS beneficiaries from Sudan, Nicaragua, and Haiti, pending resolution of Ramos v. Nielsen, in which the U.S. District Court for the Northern District of California enjoined DHS in late 2018 from implementing and enforcing decisions to terminate TPS for those countries.

Details:

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4. New Publications and Items of Interest

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 by clicking here.

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 was quoted by Law360 in “Attys Face Greater Urgency After High Court OKs Asylum Bar.” Mr. Mehta said that if he were to represent someone who had perhaps sneaked into the U.S. but would have been subject to the asylum bar—which only applies to those who entered the U.S. after July 15—he would treat that person as a withholding of removal or CAT relief case, and advise the migrant of the limitations. But he said he could also bring an asylum claim on the person’s behalf and challenge the legality of the regulation. For example, if the migrant had applied for asylum in a third country but hadn’t been formally denied, the case could be made that a lack of response constitutes a “de facto refusal” in a country without a functioning asylum system. The article is available by registering at Law360.

Mr. Mehta has authored a new blog entry, “Poursina v. USCIS: Federal Courts May Not Have Last Word in Reviewing Denial of a National Interest Waiver.”

Stacy Caplow and Maryellen Fullerton, of Cyrus D. Mehta & Partners PLLC, have co-authored a new blog entry, “Migrant ‘Protection’ Protocol: A Report From the Front Lines.”

Siskind Susser, PC, has received this year’s InnovAction award from the College of Law Practice Management (along with Suffolk Law School) for its Visalaw.ai initiative. This is one of the legal field’s top awards for practice management innovation, and Siskind Susser PC is the first immigration firm to receive it in the two decades it has been awarded.

Stephen Yale-Loehr was quoted by the Houston Chronicle in “Trump Administration Blocks Most Asylum Seekers in ‘Profound’ Change to System as Legal Fights Continue.” He noted that Supreme Court justices historically have been more deferential to presidential power in immigration than in most other areas. But, recalling outrage over migrant family separation that caused the Trump administration to announce an end to the policy before a federal judge forced it to do so, he noted, “The court of public opinion is just as important as courts of law.”

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

  • Wall Street Journal, “AI Workers Deserve Special Visa Consideration, Group Says” (Mr. Yale-Loehr said that proposals by a global group focused on artificial intelligence that is calling on governments to revamp their visa policies to make it easier for AI professionals to move around the world are unlikely to succeed in the United States. “I wish them well, but a lot of these things I do not think are going to be implemented in the United States,” he said.
  • Times of India, “Deloitte, Apple, Cognizant Biggest Filers of LCAs in FY 2019” (Mr. Yale-Loehr said the decline in H-1B filings is not limited to Indian companies. “Overall, the number of LCAs filed by the top 10 employers in the third quarter of 2019 was 218,906, down from 374,951 in the same quarter of 2018. The percentage decline is slightly higher for Indian companies, but the more significant finding is the overall decline,” he said.
  • Law360 (available by registration), “Future of Asylum Bar Remains Uncertain, Despite Court Block.” Mr. Yale-Loehr noted that another restricted injunction could also lead to asylum seekers becoming “savvy” and deliberately entering the United States within the Ninth Circuit only. “Here with the stakes so high, I think that there are particularly compelling reasons to decide this issue nationwide and not circuit by circuit,” he said.

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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 • September 08, 2019

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Headlines:

1. OFLC Announces Schedule for E-Filing of LCAs -Affected LCA programs include the H-1B, H-1B1, and E-3 visa classifications.

2. USCIS Proposes Deleting Time Limits on Work Authorization Processing for Asylum Applicants -USCIS has announced a proposed rule to remove the 30-day time limit on granting or denying an initial application for an employment authorization document. USCIS also proposes to remove the provision requiring applicants to submit their renewal requests to USCIS 90 days before the expiration of their work authorization.

3. Reciprocity Schedule for France Revised for E Treaty Trader/Investor Visas -Effective September 26, 2019, the reciprocity schedule for France will be revised for E visas (treaty traders and investors).

4. USCIS Reopens Previously Pending Deferred Action Requests -USCIS announced that it will reopen all non-military deferred action cases that were pending on August 7, 2019.

5. State Dept. Issues Reminder About Uses of Passport Books/Cards Under ‘Real ID’ -The Department of State recently issued a reminder about upcoming changes to domestic air travel documentation requirements under the Real ID Act, which requires all state-issued identification documents to meet a set of minimum security standards.

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. OFLC Announces Schedule for E-Filing of LCAs

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has announced its schedule for electronic filing of labor condition applications (LCAs) in the Foreign Labor Application Gateway (FLAG) System. Affected LCA programs include the H-1B, H-1B1, and E-3 visa classifications. OFLC noted:

  • Beginning September 16, 2019, the FLAG System’s LCA Program Module will be enabled and stakeholders will be able to begin preparing H-1B, H-1B1, and E-3 applications using the Form ETA-9035E. However, the FLAG System will not permit the submission of LCA applications until 12 noon ET on October 1, 2019.
  • OFLC will continue to accept online submissions of the Form ETA-9035E through the iCERT System until 11:59 a.m. ET on October 1, 2019. The ability to submit LCA applications using the iCERT System will be deactivated at 12 noon ET on that date.
  • OFLC will process all LCA applications submitted through the iCERT System, and stakeholders will be able to access their iCERT System accounts to check the status of applications submitted through the iCERT System.

OFLC has created instructional videos on how to create and manage a FLAG System account and prepare the Form ETA-9035E, to be posted by September 13, 2019, at the OFLC notice link below. Additionally, OFLC will host an instructional webinar on Wednesday, September 18, 2019, to provide technical assistance to employers and authorized attorneys or agents. More information is available at the links below.

Details: OFLC notice (scroll to September 5); (meeting password: Welcome!24, call-in number: 888-469-1548; participant passcode: 2477817)

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2. USCIS Proposes Deleting Time Limits on Work Authorization Processing for Asylum Applicants

U.S. Citizenship and Immigration Services (USCIS) has announced a proposed rule to remove the 30-day time limit on granting or denying an initial application for an employment authorization document (EAD) in affirmative asylum applications. USCIS also proposes to remove the provision requiring applicants to submit their renewal requests to USCIS 90 days before the expiration of their work authorization. The notice of proposed rulemaking is expected to be published in the Federal Register on September 9, 2019.

USCIS said that elimination of the 30-day processing timeframe for such EADs is intended to ensure that the agency has sufficient time to receive, screen, and process these applications, and to reduce opportunities for fraud and protect the security-related processes undertaken for each EAD application. USCIS said that timeframes achieved in FY 2017 (prior to a court order mandating adherence to the 30-day timeframe set by regulation) “are sustainable and USCIS intends to meet these timeframes if the proposed rule is adopted.” USCIS said that during that period in FY 2017, it adjudicated approximately 78 percent of such applications within 60 days.

Details: Proposed rule (unpublished version available as of September 7)

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3. Reciprocity Schedule for France Revised for E Treaty Trader/Investor Visas

Effective September 26, 2019, the reciprocity schedule for France will be revised for E visas (treaty traders and investors). The reciprocity tables will be updated to reflect this change. Reportedly, the maximum validity for E-1 and E-2 visas will be decreased from 60 months to 15 months.

Details: U.S. Embassy Paris, France notice; Department of State’s visa reciprocity page

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4. USCIS Reopens Previously Pending Deferred Action Requests

U.S. Citizenship and Immigration Service (USCIS) announced that it will reopen all non-military deferred action cases that were pending on August 7, 2019. Deferred action is a discretionary decision to temporarily postpone the removal from the United States of a person who is unauthorized to stay.

On August 7, USCIS stopped considering deferred action for non-military requestors and sent denial letters to applicants, which led to controversy as many cases were based on medical need. A lawsuit was filed subsequently on behalf of the Irish International Immigrant Center by the American Civil Liberties Union and Lawyers for Civil Rights. A hearing on this issue, to be held before the House Subcommittee on Civil Rights and Civil Liberties, is scheduled for September 11, 2019.

Deferred action related to military members and Deferred Action for Childhood Arrivals cases were not affected by the August 7 action. USCIS said “consideration of such cases is ongoing.”

Details: USCIS announcement; lawsuit; news article; denial letter sent by USCIS to a deferred action applicant

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5. State Dept. Issues Reminder About Uses of Passport Books/Cards Under ‘Real ID’

The Department of State recently issued a reminder about upcoming changes to domestic air travel documentation requirements under the Real ID Act, which requires all state-issued identification documents to meet a set of minimum security standards. IDs that do not meet these standards will not be accepted for federal purposes, including as ID for boarding domestic flights. State IDs, such as driver’s licenses, may need updating.

The reminder notes that the U.S. passport book and U.S. passport card are both accepted by the Transportation Security Administration as ID for domestic flights. The passport card cannot be used for international air travel. In addition to its acceptance as ID for domestic flights, the passport card can be used for entering the United States at land border crossings and sea ports of entry from Canada, Mexico, the Caribbean, and Bermuda. The passport card costs $30 for adults who have a passport book, and $65 for first-time adult applicants. The card has the same validity period as the book (valid for 10 years for those over 16).

Details: Department of State reminder; Real ID website to check state status; Real ID FAQ

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6. New Publications and Items of Interest

LCA e-filing instructions. The Department of Labor’s Office of Foreign Labor Certification has created instructional videos on how to create and manage a FLAG System account for filing labor condition applications and how to prepare the Form ETA-9035E, to be posted by September 13, 2019, at the OFLC notice link below. Additionally, OFLC will host an instructional webinar on Wednesday, September 18, 2019, to provide technical assistance to employers and authorized attorneys or agents. More information is available from OFLC (scroll to September 5); (meeting password: Welcome!24, call-in number: 888-469-1548; participant passcode: 2477817).

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 by clicking here.

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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7. ABIL Member / Firm News

Partners H. Ronald Klasko, William A. Stock, and Elise A. Fialkowski have been included in 26th edition of Best Lawyers in America in the area of immigration law.

Robert Loughran was named the Best Lawyers 2020 Immigration Law “Lawyer of the Year” in Austin, Texas, for the third year. Recognition was based on the consensus of almost 50,000 leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Mr. Loughran is the Managing Partner of Foster LLP‘s Austin office with a concentration in corporate immigration, investor immigration, and emigration to third countries. Mr. Loughran presents frequently before legal, professional, and academic organizations on the topics of U.S. and foreign work authorization, employer sanctions, maintenance of status, and changes in government proceedings.

Cora-Ann Pestaina, of Cyrus D. Mehta & Partners PLLC, has authored a new blog entry, “.”

Greg Siskind, of Siskind Susser, has been included in the 26th edition of Best Lawyers in America in the area of immigration law.

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8. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

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ABIL Immigration Insider • September 01, 2019

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1. Continue to Use “Expiring” I-9 Form Until Further Notice, USCIS Says -Until further notice, employers should continue using the Form I-9 (Employment Eligibility Verification) currently available on I-9 Central, even after the August 31, 2019, expiration date has passed

2. USCIS Changes Direct Filing Addresses for Certain Nonimmigrant Worker Petitions -USCIS has changed the direct filing addresses for certain petitioners filing Form I-129, Petition for a Nonimmigrant Worker, as of September 1, 2019.

3. Ninth Circuit Dismisses Challenge to Denial of National Interest Waiver for Lack of Jurisdiction -Affirming the district court’s dismissal for lack of subject-matter jurisdiction of an Iranian engineer’s suit challenging the denial of his petition for a national interest waiver (NIW) related to his application for a work visa, a panel of the U.S. Court of Appeals for the Ninth Circuit held that 8 U.S.C. § 1252(a)(2)(B)(ii) strips the federal courts of jurisdiction to review NIW denials.

4. USCIS Policy Guidance Changes Definition of “Residing in the United States” for Purposes of Acquiring Citizenship -Effective October 29, 2019, USCIS is changing its policy regarding eligibility for U.S. citizenship of children born to U.S. government employees and U.S. armed forces members employed or stationed outside the United States.

5. Guidance Updated on Adjudication of Cuban Adjustment Act Cases -USCIS accepts certain documents as evidence that an applicant is a Cuban native or U.S. citizen, and has updated its guidance to provide examples of acceptable documents.

6. ABIL Global: Belgium -There have been several developments with respect to business immigration in Belgium this year, including the introduction of a single permit authorizing a foreign employee to work and reside in Belgium, and new legal frameworks for work authorizations/permits in Flanders, Brussels, and Wallonia

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

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

Details:
1. Continue to Use “Expiring” I-9 Form Until Further Notice, USCIS Says

U.S. Citizenship and Immigration Service (USCIS) has announced that until further notice, employers should continue using the Form I-9 (Employment Eligibility Verification) currently available on I-9 Central, even after the August 31, 2019, expiration date has passed.

Details: USCIS announcement (scroll to 08/27/19); I-9 Central; I-9 form and instructions

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2. USCIS Changes Direct Filing Addresses for Certain Nonimmigrant Worker Petitions

U.S. Citizenship and Immigration Services (USCIS) has changed the direct filing addresses for certain petitioners filing Form I-129, Petition for a Nonimmigrant Worker, as of September 1, 2019. USCIS said that starting October 1, 2019, “we may reject Forms I-129 that are filed at the wrong service center.”The changes apply to the following cap-exempt H-1B petitions:

  • Continuing previously approved employment from the same employer
  • Changing previously approved employment
  • New concurrent employment
  • Changing an employer
  • Changing status to H-1B
  • Notifying a U.S. consulate, port of entry, or pre-flight inspection
  • Amending a petition

The announcement excludes petitions:

  • Filed by cap-exempt petitioners or for cap-exempt entities
  • That are cap-exempt based on a Conrad/Interested Government Agency waiver
  • Where the employer is located in Guam or the beneficiary will be performing services in Guam. This also excludes all H-1B1, H-1B2, and H-1B3 petitions

Details: USCIS announcement with links to direct filing addresses; direct filing addresses for the I-129

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3. Ninth Circuit Dismisses Challenge to Denial of National Interest Waiver for Lack of Jurisdiction

Affirming the district court’s dismissal for lack of subject-matter jurisdiction of an Iranian engineer’s suit challenging the denial of his petition for a national interest waiver (NIW) related to his application for a work visa, a panel of the U.S. Court of Appeals for the Ninth Circuit held that 8 U.S.C. § 1252(a)(2)(B)(ii) strips the federal courts of jurisdiction to review NIW denials. Among other things, the panel also noted that his due process claim that he did not receive a copy of a request for evidence for the denial of his second petition failed on the merits because notice sent to his home address “was reasonably calculated to reach him.”

Details: Ninth Circuit’s opinion (scroll down)

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4. USCIS Policy Guidance Changes Definition of “Residing in the United States” for Purposes of Acquiring Citizenship

U.S. Citizenship and Immigration Service (USCIS) has issued policy guidance, effective October 29, 2019, and applicable prospectively to applications filed on or after that date, that defines “residence” and clarifies distinctions between U.S. residence and physical presence. USCIS is changing its policy regarding eligibility for U.S. citizenship of children born to U.S. government employees and U.S. armed forces members employed or stationed outside the United States.

Specifically, the guidance:

  • Clarifies that temporary visits to the United States do not establish U.S. residence and explains the distinction between residence and physical presence in the United States
  • Explains that USCIS no longer considers children of U.S. government employees and U.S. armed forces members residing outside the United States as “residing in the United States” for purposes of acquiring U.S. citizenship under INA 320.

USCIS said it is rescinding the prior USCIS policy permitting children of U.S. government employees and U.S. armed forces members stationed outside of the United States to be considered “residing in” the United States. The changes also will affect the ability of U.S.-born citizens to transmit citizenship to children if they do not meet the more restrictive test for residing in the United States.

Details: USCIS Policy Alert; USCIS announcement; statement from Acting USCIS Director Ken Cuccinelli

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5. Guidance Updated on Adjudication of Cuban Adjustment Act Cases

U.S. Citizenship and Immigration Services has updated policy guidance relating to adjustment of status under the Cuban Adjustment Act (CAA), enacted in 1966 as a special avenue for Cuban refugees to adjust to lawful permanent resident status in the United States. USCIS accepts certain documents as evidence that an applicant is a Cuban native or U.S. citizen, and has updated its guidance to provide examples of acceptable documents.

The guidance, dated August 13, 2019, states that an expired or unexpired Cuban passport can be evidence of being a Cuban native, and an unexpired Cuban passport can be evidence of Cuban citizenship. USCIS is also clarifying that a Cuban Citizenship Letter (Carta de Ciudadanía) or a Nationality Certificate (Certificado de Nacionalidad) may be evidence of Cuban citizenship. Previously, acceptable evidence of Cuban citizenship generally included “a Cuban Civil Registry document issued in Havana.” However, a birth certificate issued by the Civil Registry or a Cuban consular certificate documenting an individual’s birth outside of Cuba to at least one Cuban parent is not sufficient to establish Cuban citizenship, the guidance states. This remains true even if the birth or consular certificate states the individual to whom the certificate was issued is a Cuban citizen.

Details: USCIS policy guidance

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6. ABIL Global: Belgium

There have been several developments with respect to business immigration in Belgium this year, including the introduction of a single permit authorizing a foreign employee to work and reside in Belgium, and new legal frameworks for work authorizations/permits in Flanders, Brussels, and Wallonia.

Introduction of Single Permit

Before 2019, the process for employees was always a “dual permit” system: an employment authorization/work permit authorized a foreign employee to work, and a Belgian residence permit authorized legal residence in Belgium.

As of 2019, the single permit has been implemented, in principle, for any (with a few exceptions) employment for more than 90 days. This means that the applicant will receive one Belgian permit authorizing him or her to work and reside in Belgium. For employment up to 90 days and some situations of employment for more than 90 days (e.g., frontier workers, au pairs), the “dual permit” system remains in place.

The single permit application must be filed by the employer and the employee with the regional Ministry (Flanders, Brussels, or Wallonia) with jurisdiction (in general this will be determined by the place of work in Belgium). The process includes the following phases:

  • The first phase is the admissibility check. The regional Ministry will check whether the file is complete, and will, in principle, confirm this within 10 days. If the file is not complete, the applicant(s) will be informed and will have 15 days to complete the file. If the file is timely completed, it is considered admissible. If the file is not timely completed, the application will not be processed further.
  • The second phase is the processing of the single permit application. The maximum processing time is 4 months/120 days (in exceptional circumstances, the processing time can theoretically even be extended) after notification by the regional Ministry that the application is complete. The regional Ministry will first make a decision on the work aspect: in the event of an approval, a work authorization will be issued. Afterwards, the federal immigration office will make a decision regarding residence. At present, the average processing time is approximately 3 months.
  • If the application is approved by the federal immigration office (this can be an explicit or implicit approval), the employer and the employee will be informed, and instructions to issue a residence authorization will be sent to the relevant authorities, either the Belgian embassy in the employee’s home country, for an employee residing abroad (the employee will receive a visa D), or the Belgian municipality where the employee legally resides, for an employee who is already legally residing in Belgium. The employee residing abroad can travel to Belgium with the visa D; he or she must register with the local municipality and will receive a temporary document before the single permit will be issued. The employee can start working as soon as the temporary document is issued.

New Legal Framework for Flanders for Work Authorizations/Permits

In general (for all single and dual permit applications), Flanders adopted a Decree, dated December 7, 2018, with new corporate immigration rules as of January 1, 2019. A portion of these new rules relates to the implementation of European Union (EU) directives (e.g., ICT (Intra-Corporate Transfers), researchers, trainees, volunteers). These new rules have not yet taken effect, however. This is expected to happen in the next few months.

There are several important changes:

  • Eligibility as a “highly skilled” or executive employee

“Highly skilled” implies having a higher education degree, issued by an education establishment accredited as a higher education establishment by its country of location. Degrees issued by private schools will not be taken into account. The studies must have taken at least 3 years, or have resulted in education qualification level 5 as defined by ISCED (International Standard Classification of Education).

Executives are defined as employees who (i) are entrusted with daily management of the company and authorized to represent and bind the company, and (ii) lead the company and supervise the activities of “lower” employees.

  • Salary threshold for highly skilled and executive employees

The gross salary threshold for highly skilled employees and executives will be determined on the basis of the average gross salary, published by federal authorities. The average annual gross salary is 12 times the average monthly gross salary. For 2019, the average annual gross salary is 41,868 € (12 x 3,489 €). For highly skilled employees, the salary threshold is 100% of the average annual gross salary (exception: locally employed highly skilled < 30 years and nurses: 80% of the average annual gross salary, or 33,494.40 € for 2019). For executives, the salary threshold is 160% of the average annual gross salary; for 2019 this is 66,989 €.

Salary includes all payments to the employee in consideration for work. The payments/amounts must be certain in advance/at the start of the employment in Belgium, which means that they must be mentioned in the assignment letter. The fact that the payment must be certain excludes discretionary bonuses. Allowances, directly linked and specific to the assignment, are considered part of the salary, unless they are paid in reimbursement of expenditures actually incurred on account of the assignment, such as expenditures on travel, lodging, and board. Travel, lodging, and board allowances are thus not considered as salary.

  • Duration of work authorizations for highly skilled and executive employees

The maximum duration of work authorization for the highly skilled and executives is 3 years instead of 1 year. The maximum duration depends on the duration of validity of the employment contract or assignment letter.

New Legal Framework for Brussels for Work Authorizations/Permits

A Decree of the Brussels Region government dated May 16, 2019, introduced new rules regarding work authorizations/permits as of June 1, 2019. A portion of the new rules relates to the implementation of EU directives (e.g., researchers, trainees, volunteers). These new rules have not yet taken effect; this is expected to happen in the next few months.

Some key points:

  • ICT (Intra-Corporate Transfer) permits

ICT permits can be applied for as of June 1, 2019, for managers (maximum 3 years), specialists (maximum 3 years), and trainee-employees (maximum 1 year), who have been employed for at least 6 months uninterrupted, immediately preceding the transfer. There is a degree requirement (3 years of higher education for managers and specialists; university, at least a bachelor’s degree, for trainee-employees), as well as a salary threshold (for 2019: 53,970 € for managers, 43,176 € for specialists, and 26,985 € for trainee-employees). The rules regarding short-term and long-term mobility for ICT permit holders also took effect as of June 1, 2019.

  • Duration of work authorizations for the highly skilled and executives

For applications filed as of June 1, 2019, highly skilled and executive work authorizations can be valid up to 3 years (instead of 1 year). The maximum duration depends on the duration of validity of the employment contract or assignment letter. Instead of filing an annual renewal application, the only obligation for the employer is to submit copies of salary documents and, for assignees, of the foreign social security confirmation document and of the Belgian Limosa (this is an online notification for assignees with the Belgian national social security office).

New Legal Framework for Wallonia for Work Authorizations/Permits

A Decree of the Walloon Region government dated May 16, 2019, is the new legal framework for work authorizations/permits issued by the Walloon Region. The new rules apply as of June 1, 2019, without affecting the validity of already issued authorizations/permits. An important section of the Decree relates to the implementation of EU directives (e.g., ICT, researchers, trainees, volunteers). These new rules have not yet taken effect; this is expected to happen in the next few months.

A few key points/novelties:

  • Salary threshold for the highly skilled and executives

As of 2020, the annual gross salary threshold for highly skilled and executive-level permits will be defined on the basis of the average annual gross salary. For the highly skilled, the threshold is 100% of the average annual gross salary (41,868 €); for executives, 160% (66,989 €). In addition, the annual gross salary cannot be less favorable than the applicable salary for similar jobs (currently and pursuant to the law, collective bargaining agreements, or practices);

Effective immediately, the definition of salary is clarified. Salary includes all payments to the employee in consideration for work. The amounts must be known with certainty to the employer, employee, and Belgian authorities before the start of the employment in Belgium. The fact that the amount must be certain excludes discretionary bonuses; contributions paid for professional supplementary pension schemes are not taken into account either. In the event of assignment, allowances, directly linked and specific to the assignment, are considered part of the salary provided they are not paid in reimbursement of expenditures actually incurred on account of the assignment, such as expenditures on travel, lodging, and board. Travel, lodging, and board allowances are thus not considered salary.

  • Duration of work authorizations for the highly skilled and executives

Highly skilled and executive work authorizations can be valid for the duration of the employment contract or assignment letter, up to a maximum of 3 years (instead of 1 year). Instead of filing an annual renewal application, the employer must submit copies of salary documents on/by the anniversary date of issuance of the work authorization.

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7. New Publications and Items of Interest

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 by clicking here.

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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8. ABIL Member / Firm News

Partners H. Ronald Klasko, William A. Stock, and Elise A. Fialkowski have been included in 26th edition of Best Lawyers in America in the area of immigration law.

Robert Loughran was named the Best Lawyers 2020 Immigration Law “Lawyer of the Year” in Austin, Texas, for the third year. Recognition was based on the consensus of almost 50,000 leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Mr. Loughran is the Managing Partner of Foster LLP‘s Austin office with a concentration in corporate immigration, investor immigration, and emigration to third countries. Mr. Loughran presents frequently before legal, professional, and academic organizations on the topics of U.S. and foreign work authorization, employer sanctions, maintenance of status, and changes in government proceedings.

Cora-Ann Pestaina, of Cyrus D. Mehta & Partners PLLC, has authored a new blog entry, “.”

Greg Siskind, of Siskind Susser, has been included in the 26th edition of Best Lawyers in America in the area of immigration law.

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ABIL Immigration Insider • August 11, 2019

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Headlines:

1. State Dept. Establishes, Retrogresses August Employment-Based Final Action Dates -The Visa Bulletin for August 2019 notes a steadily increasing level of employment-based applicant demand since late May for adjustment-of-status cases filed with USCIS, although the State Department is hoping to return priority dates to what they’ve been before July 2019 after the new fiscal year begins in October.

2. USCIS Is Rejecting Nonimmigrant Worker Petitions That Lack Required Name and Address -USCIS is subjecting all requests for nonimmigrant classifications filed on Form I-129 to this rejection criteria, including the time-sensitive H-2A visa classification for temporary agricultural workers.

3. Court Grants Summary Judgment for Plaintiffs in LexisNexis H-1B Denial Case -The plaintiffs, RELX, Inc., d/b/a LexisNexis USA, and a data analyst for Lexis Nexis in F-1 student status, alleged that the California Service Center, USCIS; the Department of Homeland Security; and others violated the Administrative Procedure Act when they denied LexisNexis’ H-1B petition on behalf of the data analyst.

4. ICE Conducts Secretive Workplace Raids in Mississippi -Six hundred agents took part in raids of chicken processing plants that netted nearly 700 detainees and left some children stranded after school or day care because their parents were taken into custody.

5. USCIS Plans to Close 13 International Field Offices and Three District Offices -The first planned closures are the field offices in Monterrey, Mexico, and Seoul, South Korea, at the end of September 2019.

6. State Dept. Releases DV-2020 Results -Approximately 83,884 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the persons registered will not pursue their cases to visa issuance, DOS said this larger figure should ensure that all DV-2020 numbers will be used during fiscal year 2020.

7. USCIS Extends Comment Period for Tip Form -USCIS has extended the comment period until September 9, 2019, for a new USCIS Tip Form to facilitate the collection of information from the public regarding “credible and relevant claims of immigration benefit fraud impacting both open adjudications as well as previously approved benefit requests where the benefit remains valid.”

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. State Dept. Establishes, Retrogresses August Employment-Based Final Action Dates

The Department of State’s Visa Bulletin for August 2019 notes 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, with no indication that this increase will end in the near future. Therefore, the bulletin states, “it has been necessary to establish or retrogress many of the August Final Action Dates in an effort to hold worldwide number use within the maximum allowed under the respective FY-2019 annual limits.”

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

Details: Visa Bulletin for August 2019

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2. USCIS Is Rejecting Nonimmigrant Worker Petitions That Lack Required Name and Address

U.S. Citizenship and Immigration Services (USCIS) recently issued a reminder that as of August 5, 2019, it is rejecting Form I-129 nonimmigrant worker petitions that do not include the petitioner’s or applicant’s name and primary U.S. office address in Part 1 of the form.

USCIS is subjecting all requests for nonimmigrant classifications filed on Form I-129 to this rejection criteria, including the time-sensitive H-2A visa classification for temporary agricultural workers. USCIS said it recognizes that in certain circumstances, the person signing Part 8 of Form I-129 may be an employee of the petitioning entity and have the same address as that of the petitioner named in Part 1 of the form. In such a case, USCIS would not reject the I-129 because of the duplicate addresses.

Details: USCIS notice

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3. Court Grants Summary Judgment for Plaintiffs in LexisNexis H-1B Denial Case

The U.S. District Court for the District of Columbia recently granted summary judgment for plaintiffs and denied defendants’ motion to dismiss in an H-1B case, RELX, Inc. v. Baran. The plaintiffs, RELX, Inc., d/b/a LexisNexis USA, and a data analyst for Lexis Nexis in F-1 student status, alleged that the California Service Center, U.S. Citizenship and Immigration Services (USCIS); the Department of Homeland Security; and others violated the Administrative Procedure Act when they denied LexisNexis’ H-1B petition on behalf of the data analyst.

The government responded to the H-1B petition with a request for evidence (RFE) related to whether the data analyst position was a specialty occupation, finally denying the petition after LexisNexis sent documentation. Plaintiffs filed suit, but shortly before they filed their opening motion, the government reopened the petition without notifying defendants or providing a reason. Plaintiffs then moved for summary judgment, seeking an order from the court directing USCIS to grant the H-1B petition, but the government filed a motion to dismiss in light of the fact that it had reopened the case.

Among other things, the court noted that an agency’s failure to set forth its reasons for a decision constitutes arbitrary and capricious action, and the court must undo the agency action. The court also noted that the government issued an RFE requesting nearly identical information as it did when it last reviewed the petition. Also, upon imminent expiration of the data analyst’s F-1 visa, she would have lost her job and been required to leave the United States for an extended period of time, thus causing “significant hardship,” the court observed. Because the agency failed to request any new information when it attempted to reopen the petition, the court found the circumstances of the reopening “highly suspect and contrary to the regulations.” Finding that the LexisNexis position was “a distinct occupation which required a specialized course of study,” as supported by a “mountain of evidence” that “more than meets the preponderance of the evidence standard,” the court concluded that the agency’s decision to deny the H-1B petition was not based on a consideration of the relevant factors, was a clear error of judgment, and that USCIS “acted arbitrarily, capriciously, and abused its discretion in denying employer’s petition for H-1B visa status” on behalf of the data analyst.

Details: Case text

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4. ICE Conducts Secretive Workplace Raids in Mississippi

U.S. Immigration and Customs Enforcement (ICE) conducted mass raids on workplaces in the first week of school in Mississippi. According to reports, the operation was conducted without much advance notice, even to the White House. Six hundred agents took part in raids of chicken processing plants that netted nearly 700 detainees and left some children stranded after school or day care because their parents were taken into custody. About half of those detained were released the next day, as they were determined not to be a public threat, and some were taken back to their workplaces with a summons to appear later in immigration court. The action drew criticism because of the timing—just days after a mass shooting in El Paso, Texas, targeting Hispanic immigrants.

Details: News articles: Washington Post, NPR

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5. USCIS Plans to Close 13 International Field Offices and Three District Offices

U.S. Citizenship and Immigration Services (USCIS) has announced plans to close 13 international field offices and three district offices between now and August 2020. The first planned closures are the field offices in Monterrey, Mexico, and Seoul, South Korea, at the end of September 2019.

USCIS said that many functions currently performed at international offices “will be handled domestically or by USCIS domestic staff on temporary assignments abroad.” As part of this shift, the Department of State (DOS) will assume responsibility for certain in-person services that USCIS currently provides at international field offices. USCIS said it is working closely with DOS “to minimize interruptions in immigration services to affected applicants and petitioners.”

USCIS said it plans to maintain operations at its international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; New Delhi, India; Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador.

Details: USCIS notice

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6. State Dept. Releases DV-2020 Results

The Department of State’s (DOS) Kentucky Consular Center in Williamsburg, Kentucky, has registered and notified the winners of the DV-2020 diversity lottery. Approximately 83,884 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the persons registered will not pursue their cases to visa issuance, DOS 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 that ran in late 2018. The visas were 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. Those selected will need to act on their immigrant visa applications quickly, DOS said. Applicants should follow the instructions in their notification letters.

Details: Visa Bulletin for August 2019, including the country-by-country breakdown

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7. USCIS Extends Comment Period for Tip Form

U.S. Citizenship and Immigration Services (USCIS) has extended the comment period until September 9, 2019, for a new USCIS Tip Form to facilitate the collection of information from the public regarding “credible and relevant claims of immigration benefit fraud impacting both open adjudications as well as previously approved benefit requests where the benefit remains valid.” The estimated total number of respondents is 55,000.

Details: Federal Register notice

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8. New Publications and Items of Interest

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 by clicking here.

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 Foster, of Foster LLP, was featured along with some of the nation’s experts on immigration reform in the “Rational Middle Immigration Documentary Series, exploring how to solve the United States’ immigration challenges and remake the U.S. economy while protecting U.S. values, workers, and families. The first season is a collection of short films and is available by clicking .

William Stock, of Klasko Immigration Law Partners, LLP, was placed on Human Resource Executive Magazine’s and Lawdragon’s annual joint publication of the “best of” lawyer list for its 12th year. In 2018, the firm’s managing partner, H. Ronald Klasko, was inducted into Lawdragon’s Hall of Fame. For more information, see Klasko Law Partners, LLP website, as well as Lawdragon.

Angelo Paparelli was quoted by Law360 in “How Attorneys Can Brace for Rising EB-5 Compliance Checks.” Mr. Paparelli said that unannounced site visits can be unstructured, but a regional center should establish a formal procedure for communicating with officials from U.S. Citizenship and Immigration Services (USCIS) and take charge of the process. He said a designated representative from the center should ask officers to identify themselves, whether they have a judicial subpoena or warrant, and what specifically they are seeking. He said they should also engage counsel and suggest following up via email to provide requested documentation in an organized manner. A lawyer can then act as an intermediary to narrow the scope of the site visit, asking whether USCIS is interested in a particular investor or investment project, he noted. The article is available by registering at Law360.

Stephen Yale-Loehr was quoted by Axios in “.” Mr. Yale-Loehr noted that although U.S. Immigration and Customs Enforcement officers frequently stay out of a church if undocumented immigrants are staying there, churches do not provide federal legal sanctuary. “I think for publicity reasons, immigration enforcement does not like to go into churches,” he said.

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10. Government Agency Links

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

USCIS Service Center processing times online

Department of State Visa Bulletin

Visa application wait times for any post

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ABIL Immigration Insider • August 04, 2019

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Headlines:

1. Matter of H-G-G-, Adopted Decision on TPS -Matter of H-G-G- affects TPS recipients and their eligibility to adjust their status under section 245 of the Immigration and Nationality Act, reaffirming the DHS position that TPS recipients are considered as being in and maintaining lawful nonimmigrant status only during the period TPS is in effect.

2. USCIS Updates Filing Addresses for Some I-129 Petitions -Though no normal announcement was made, USCIS has updated the direct filing addresses for Form I-129, Petition for a Nonimmigrant Worker.

3. USCIS Announces Citizenship and Assimilation Grant Opportunities -USCIS announces two new funding opportunities under the Citizenship and Assimilation Grant Program, potentially providing $10 million in grants for citizenship preparation programs.

4. ABIL Global: Canada -The Entry/Exit Program is a significant development that has been many years in the making.

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. Matter of H-G-G-, Adopted Decision on TPS

The Administrative Appeals Office (AAO) decision in Matter of H-G-G- affects Temporary Protected Status (TPS) beneficiaries and their eligibility to adjust their status under section 245 of the Immigration and Nationality Act, reaffirming the position held by the Department of Homeland Security that TPS recipients are considered as being in and maintaining lawful nonimmigrant status exclusively throughout the period of time that TPS is in effect. Granting TPS does neither confers an admission nor cures or otherwise affects any previous failure to maintain continuously a lawful status.

Furthermore, Matter of H-G-G- also states that the U.S. Courts of Appeals for the 6th and 9th Circuits’ holding that a grant of TPS supplies the requisite admission for purposes of adjustment justifies USCIS to follow those directives only in these respective jurisdictions and pertaining to that specific issue. USCIS will universally apply the holding in Matter H-G-G- when dealing with the question of whether a grant of TPS absolves a prior unlawful status.

Details: Matter of H-G-G-

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2. USCIS Updates Filing Addresses for Some I-129 Petitions

Though no normal announcement was made, USCIS has updated the direct filing addresses for Form I-129, Petition for a Nonimmigrant Worker. Specifically, changes were made on the USCIS webpage for the filing addresses for H-1B cap-exempt petitions for extension of stay, change of status, concurrent employment, consular notification, and amended petitions, excluding those filed for H-1B cap-exempt entities, H-1B cap-exempt petitions based on a Conrad/IGA waiver or Guam, and all H-1B1, H-1B2, and H-1B3 petitions.

Petitions listed on the USCIS webpage under “Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker,” under the dropdown box entitled, “All Other H-1B Petitions (H-1B extension of stay, change of status, concurrent employment, POE/PFI/consular notification, and amended petitions),” are now accepted at:

  • California Service Center (CSC),
  • Nebraska Service Center (NSC),
  • Texas Service Center (TSC), and
  • Vermont Service Center (VSC)

Details: USCIS Form I-129 direct filing addressed

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3. USCIS Announces Citizenship and Assimilation Grant Opportunities

On July 30, USCIS announced it would accept applications for two funding opportunities under the Citizenship and Assimilation Grant Program, potentially providing $10 million in grants for citizenship preparation programs. The grants are available to organizations that prepare lawful permanent residents for naturalization, promoting knowledge of English, U.S. history, and civics.

There are two different grant opportunities:

  • The Citizenship Instruction and Naturalization Application Services grant opportunity will fund up to 36 organizations offering both citizenship instruction and naturalization application services to lawful permanent residents.
  • The Refugee and Asylee Assimilation Program grant opportunity will fund up to four organizations to provide individualized services to lawful permanent residents who entered the United States under the U.S. Refugee Admissions Program or were granted asylum. These services will assist these individuals in acquiring knowledge and skills leading The grant aims to promote long-term assimilation through the education of lawful permanent residents who strive for naturalization but lack the instruction, information, and services necessary to attain it.

Applications for either of these grant opportunities are due by August 13, 2019.

Within 30 days of receiving the award, all funded grant recipients must enroll in E-Verify as a regular employer and remain in good standing with E-Verify throughout the entire period of grant performance. USCIS projects its announcement of award recipients to occur in September.

To apply for one of these funding opportunities, visit grants.gov. For additional information on the Citizenship and Assimilation Grant Program for fiscal year 2019, visit uscis.gov/grants or email the USCIS Office of Citizenship at [email protected].

Details: To apply for either funding opportunity, visit grants.gov; for more information on the Citizenship and Assimilation Grant Program for FY 2019, uscis.gov/grants or email the USCIS Office of Citizenship at [email protected].

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4. ABIL Global: Canada

The Entry/Exit Program is a significant development that has been many years in the making.

Part of the Beyond the Border Action Plan, the Entry/Exit Program is a joint Canada-U.S. initiative that establishes a coordinated entry/exit information system to facilitate the exchange of traveler biographic information (such as name and date of birth). Collected upon entry at the common land border between the two countries, a record of entry into one country is now considered a record of exit from the other.

In addition to the exchange of this data with the United States at land borders, the Canada Border Services Agency (CBSA) will collect exit data on all travelers leaving by air. Air carriers will begin sharing their data in 2020 and 2021. Consequently, overstay indicators will not begin appearing within the entry/exit search results for temporary residents who have overstayed their allowable time in Canada until the air carrier information is shared.

Details: Entry/Exit Program

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5. New Publications and Items of Interest

Immigrant Doctors Can Help Lower Physician Shortages in Rural America The Center for American Progress published an in-depth report, “Immigrant Doctors Can Help Lower Physician Shortages in Rural America.” Greg Siskind, founding partner of Siskind Susser PC was thanked in the acknowledgements of the report, which concluded that immigrant doctors’ ability to better serve rural communities would be improved with the implementation of federal and state policies removing immigration and licensing barriers. Read the report here

The Trump administration is making legal immigration harder, too. León Rodríguez, partner at Seyfarth Shaw LLP and former director of USCIS, outlines the different ways the Trump administration is making legal immigration more difficult in an Op-ed for The Washington Post.

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

“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 at https://www.youtube.com/watch?v=yHlVFveEK64.

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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6. ABIL Member / Firm News

Cyrus Mehta has authored a new blog entry, “Need to Plan Ahead Before Sponsoring a Senior Parent for a Green Card.”

Mr. Mehta was also quoted by The Times of India in “US officials site-visiting cos hiring STEM-OPT trainees.” Speaking about strategy STEM-OPT students need to implement in the event ICE officials visit the third-party worksite the student is employed, Mr. Mehta states, ““If there is a site visit, STEM-OPT students who are placed at third part sites are more vulnerable, as the third-party client may have no knowledge of the circumstances of their placement by the employer and may not be able to answer questions adequately to the site visit inspector. It is important for the employer who places STEM-OPT students at a third party client site to ensure complete compliance, which means that the employer still controls the employment and supervises their training at the client site. The employer’s own supervisors should be able to answer questions in the event of a site visit.”

Stephen Yale-Loehr provided his take on how the latest EB-5 regulations will affect employment for U.S. workers on The Everyday Immigration Podcast. The podcast is available by clicking here.

Mr. Yale-Loehr was also quoted by FiveThirtyEight in “Will The 2020 Democrats Reject Obama’s Immigration Legacy?” Explaining Obama’s shift in immigration policy as his presidency continued, Mr. Yale-Loehr stated, “When a legislative solution fell apart, he switched to a less punitive approach.”

Charles Kuck released the latest edition of his podcast, the Immigration Hour. The July 30 edition examines the Attorney General’s decision in Matter of L-E-A- on families asocial groups as well as the recent Guatemala-US “Safe Third Country” agreement.

Kuck Baxter Immigration LLC published its US legal guide for Corporate Immigration. Click here to view the guide.

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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 • July 28, 2019

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Headlines:

1. Expedited Removal Expands to Interior of United States -With immediate effect, DHS issued a notice to dramatically expand the process of expedited removal. The ACLU has promised to file a suit challenging the action.

2. USCIS Amends EB-5 Regulations, Raising Minimum Investment Amounts and Modifying TEA Designations -A long-anticipated final rule provides priority date retention for certain EB-5 investors, increases the required minimum investment amounts, changes the targeted employment area (TEA) designation process, and clarifies USCIS procedures for the removal of conditions on permanent residence.

3. Judges Rule on Third-Country Asylum Ban -Following a joint interim rule issued by DOJ and DHS that restricted asylum, with some exceptions, for migrants traveling through third countries to reach the United States (most notably for many Central Americans passing through Mexico), two judges issued rulings in separate cases.

4. H-2B Petitioners Must Include Temporary Labor Certification Final Determination With Form I-129 -USCIS said it will consider a printed copy of the final determination as the original and approved temporary labor certification.

5. USCIS Ombudsman Says EAD Help Requests Constituted Single Largest Source of Work in 2018, Recommends Changes to H-1B Program Implementation Under BAHA -The lengthy, detailed H-1B section includes 290 footnotes and several recommendations for changing implementation of the H-1B program by USCIS and DOL to align with President Trump’s “Buy American and Hire American” executive order.

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. Expedited Removal Expands to Interior of United States

With immediate effect, the Department of Homeland Security (DHS) issued a notice on July 23, 2019, to place certain persons determined to be inadmissible in expedited removal, with limited exceptions. Affected individuals include those who have not been admitted or paroled into the United States and who have not “affirmatively shown, to the satisfaction of an immigration officer, that they have been physically present in the United States continuously for the two-year period immediately preceding the date of the determination of inadmissibility.”

The notice makes the following points, among others:

  • Currently, immigration officers can apply expedited removal “to aliens encountered anywhere in the United States for up to two years after the alien arrived in the United States, provided that the alien arrived by sea and the other conditions for expedited removal are satisfied.”
  • For those who entered the United States by crossing a land border, DHS permits the use of expedited removal “if the aliens were encountered by an immigration officer within 100 air miles of the U.S. international land border and were continuously present in the United States for less than 14 days immediately prior to that encounter.”
  • The DHS Secretary has the “sole and unreviewable discretion” under the Immigration and Nationality Act “to modify at any time the discretionary limits on the scope of the expedited removal designation.”
  • The Acting DHS Secretary is exercising his statutory authority to designate several categories of aliens not previously designated for expedited removal:

1. Aliens who did not arrive by sea who are encountered anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years; and

2. Aliens who did not arrive by sea who are encountered within 100 air miles from a U.S. international and border and who have been continuously presenting the United States for at least 14 days but for less than two years.

  • Aliens otherwise subject to expedited removal who indicate either an intention to apply for asylum or a fear of persecution or torture will be given further review by an asylum officer, including an opportunity to establish “credible fear” and thus potential eligibility for asylum.
  • An alien otherwise subject to expedited removal is given a “reasonable opportunity to establish to the satisfaction of the examining immigration officer that he or she was admitted or paroled into the United States.” Aliens determined by immigration officers to be subject to expedited removal nonetheless “will receive prompt review of that determination if they claim under oath, after being warned of the penalties for perjury, that they have been admitted for permanent residence, admitted as a refugee, granted asylum, or are a U.S. citizen.”

This is a major expansion of expedited removal. An estimate of at least 20,000 additional immigrants per year may be subject to expedited removal under the new policy. The American Civil Liberties Union (ACLU) quickly put out a statement calling the policy “unlawful,” noting that under the plan, “immigrants who have lived here for years would be deported with less due process than people get in traffic court,” and vowing to “sue to end this policy quickly.” In the meantime, immigration lawyers are counseling clients of the need to be able to quickly document that they have been in the United States for at least two years, including carrying such documentation with them at all times.

Written comments may be submitted by September 23, 2019, via the method set forth in the DHS notice.

Details: DHS Federal Register notice; ACLU statement

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2. USCIS Amends EB-5 Regulations, Raising Minimum Investment Amounts and Modifying TEA Designations

U.S. Citizenship and Immigration Services (USCIS) has published a final rule, effective November 21, 2019, amending the regulations governing the employment-based fifth preference (EB-5) immigrant investor classification and associated regional centers to reflect statutory changes and “modernize” the EB-5 program. The final rule provides priority date retention for certain EB-5 investors, increases the required minimum investment amounts, changes the targeted employment area (TEA) designation process, and clarifies USCIS procedures for the removal of conditions on permanent residence.

Among other things, the final rule:

  • Clarifies that the priority date of a petition for classification as an investor is the date the petition is properly filed
  • Clarifies that a petitioner with multiple approved immigrant petitions for classification as an investor is entitled to the earliest qualifying priority date
  • Retains the 50 percent minimum investment differential between a TEA and a non-TEA instead of changing the differential to 25 percent as proposed, thereby increasing the minimum investment amount in a TEA from $500,000 to $900,000 rather than $1.35 million, as DHS initially proposed (the minimum non-TEA investment will be $1.8 million)
  • Bases future inflation adjustments on the initial investment amount set by Congress in 1990 rather than on the most recent inflation adjustment
  • Modifies the original proposal that any city or town with a population of 20,000 or more may qualify as a TEA, to provide that only cities and towns with a population of 20,000 or more outside of metropolitan statistical areas may qualify as a TEA, eliminates a state’s ability to designate certain geographic and political subdivisions as high unemployment areas, and gives the Department of Homeland Security responsibility for directly making TEA designations “based on revised requirements in the regulation limiting the composition of census tract-based TEAs”

Practitioners are expecting a rush on EB-5 investments in the months before the effective date of November 21, 2019, which could increase the already long waits for EB-5 visas for those from high-volume countries by years, assuming Congress does not allocate additional visa numbers or eliminate per-country caps.

Details: USCIS announcement; Final rule

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3. Judges Rule on Third-Country Asylum Ban

Following a joint interim rule issued by the Departments of Justice and Homeland Security on July 16, 2019, that restricted asylum, with some exceptions, for migrants traveling through third countries to reach the United States (most notably for many Central Americans passing through Mexico), two judges issued rulings in separate cases:

  • Judge Timothy Kelly, of the U.S. District Court in Washington, DC, declined to issue a temporary order to block the asylum ban.
  • Judge Jon Tigar, of the U.S. District Court in San Francisco, California, issued a preliminary injunction to block the ban until the arguments can be considered and a final decision can be issued.

Details: News reports: CBS News, Immigration Impact; DHS announcement of joint interim rule; interim final rule; ACLU complaint

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4. H-2B Petitioners Must Include Temporary Labor Certification Final Determination With Form I-129

U.S. Citizenship and Immigration Services (USCIS) announced on July 26, 2019, that employers who file an H-2B application for temporary labor certification in FLAG will only receive a temporary labor certification electronically, as of July 3, when the Department of Labor implemented its new Foreign Labor Certification Application Gateway (FLAG) system for the H-2B temporary nonagricultural worker program. Those whose applications for a temporary labor certification were processed in FLAG must include a printed copy of the electronic one-page “final determination” of their H-2B temporary labor certification approval when submitting the Form I-129, Petition for a Nonimmigrant Worker.

USCIS said it will consider a printed copy of the final determination as the original and approved temporary labor certification. Applicants must also ensure that the DOL Case Number identified on the final determination matches the ETA Case Number provided in Part 5, Item 2 of the I-129.

Details: USCIS announcement

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5. USCIS Ombudsman Says EAD Help Requests Constituted Single Largest Source of Work in 2018, Recommends Changes to H-1B Program Implementation Under BAHA

The U.S. Citizenship and Immigration Services (USCIS) Ombudsman recently released its 2019 Annual Report.

The report notes that requests for help related to employment authorization documents (EADs) constituted the single largest source of work for the Ombudsman’s Case Team in calendar year 2018—over a third of its total case load. During a four-month period between December 2017 and March 2018, the number of incoming EAD cases spiked 400 percent, most related to processing delays.

The Ombudsman also noted that it explored in depth the H-1B visa program. The lengthy, detailed H-1B section includes 290 footnotes and several recommendations for changing implementation of the H-1B program by USCIS and the Department of Labor to align with President Trump’s “Buy American and Hire American” (BAHA) executive order.

Details: USCIS Ombudsman’s Annual Report for 2019; BAHA order

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6. New Publications and Items of Interest

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 providing help at the southern border and seeking non-lawyer and lawyer volunteers. Cornell Law School’s Migration and Human Rights Program has compiled a list of organizations providing help at the southern border, and seeking donations and non-lawyer and lawyer volunteers to help migrants in U.S. detention and deportation proceedings. The list, which is updated on an ongoing basis, is available here.

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

Charles Kuck was quoted by the Atlanta Journal Constitution in “Georgia’s Immigration Court Judges Among Toughest in Nation for Asylum.” “I have never seen [immigration] courts as dire as these ones [in Georgia] in the context of granting asylum, which seem to be so far out of the mainstream, not just of other courts around the country but of the actual law itself of asylum,” he said.

Mr. Kuck was quoted by the Atlanta Journal Constitution in “New Details: ICE Detainee From Mexico Dies in South Georgia.” “It is unconscionable. It should be shut down,” Mr. Kuck said of the Stewart Detention Center.

Mr. Kuck recently discussed “the flawed logic of the new Expedited Removal reg, and 9 things we can do to protect ourselves from ICE over-enforcement! We also talk about the Padilla/Matter of M-S- ruling on asylum bonds.” See #TheImmigrationHour on Twitter.

David Isaacson, of Cyrus D. Mehta & Partners PLLC, has authored a new blog entry, “.”

Cyrus Mehta and Stephen Yale-Loehr were quoted by the Times of India in “As U.S. EB-5 Visas Become Expensive, Indian Applications Expected to Slump.” Mr. Yale-Loehr said, “The new EB-5 changes will affect investors from India in a variety of ways. First, I predict a surge of EB-5 petition filings until November 21. After that, I expect a sharp decline in EB-5 petitions, as fewer people will be able to satisfy the new minimum investment amount.” Mr. Mehta noted that many of the attractive projects that are designated in targeted employment areas in metropolitan areas may no longer receive such a designation after November 21, so the investment will go from $500,000 currently for such a project to $1.8 million. “Under the current RBI [Reserve Bank of India] guideline of only allowing $250,000 to be remitted out of India per financial year, the higher investment amounts will serve as a further disincentive. I predict that there will be a rush to file EB-5 applications before the rule change on November 21.

Mr. Yale-Loehr was quoted by Reuters in “U.S. to Expand Rapid Deportation Nationwide With Sweeping New Rule.” Mr. Yale-Loehr said the new policy will create chaos and fear in immigrant communities and could have unintended consequences. “U.S. citizens could be expeditiously removed by error. You don’t have a lot of room to challenge that. You can’t go before an immigration judge,” he noted.

Mr. Yale-Loehr was quoted in several other media outlets about the expansion of expedited removal:

New York Times: “Trump Administration Expands Fast-Tracked Deportations for Undocumented Immigrants”

Law360: “DHS Vastly Expands Deportation Authority,” available by registering here.

Mr. Yale-Loehr was quoted by Tampa Bay Times in “.” Immigration enforcement agents can now “round up anybody they could find, whether they had a criminal conviction or not,” he noted.

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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 • 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

/in /by

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.

Back to Top

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

Back to Top

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.

Back to Top

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

Back to Top