Friday 30 November 2012

USCIS Makes Changes to Form I-131, the Application for Travel Document, to Better Reflect Requirements for DACA Recipients

30 Nov 2012
The Department of Homeland Security (DHS) has, over the past year, published two notices regarding information collection on Form I-131, the Application for Travel Document. While no comments were received in connection with these two notices, the Office of Management and Budget (OMB) did have some recommendations, which are now reflected in the instructions to Form I-131.

In addition, USCIS is revising the instructions of Form I-131 to include clear guidance regarding the ability of Deferred Action under Childhood Arrivals (DACA) recipients to request advance parole documents under certain circumstances. USCIS has noted an increase in the number of respondents utilizing this form, as DACA recipients who are able to establish a need to travel outside of the U.S. will be able to request advance parole documents.

Thursday 22 November 2012

USCIS Introduces New Enhancements to e-Request Service

22 Nov 2012
Last week, USCIS announced the expansion of services it offers in its e-Request system. The agency’s e-Request system enables its users to inquire about applications and petitions they have submitted. On November 19, a series of enhancements were introduced to the system, including:

The ability to create a service request for all forms to either inquire about an application or petition’s status if it is outside of the normal processing time, or notify USCIS of an administrative error in a notice or document sent to the user from USCIS.

The ability to inquire about an Application Support Center appointment notice or other notice a user was expecting to receive in regards to Form I-90 or N-400.

The site is now also accessible to individuals with disabilities, per section 508 of the U.S. law.

Friday 9 November 2012

DOL Guidance for Employers Affected by Hurricane Sandy Requesting Extensions to Respond to Requests for Information/Documentation

09 Nov 2012
In response to questions related to the effects of Hurricane Sandy on the northeast United States, the Department of Labor (DOL) has released a Q&A with details of changes and amendments to federal process. According to DOL, because Hurricane Sandy has generated significant damage to businesses on the East Coast, the agency recognizes that employers and their representatives affected by the hurricane may not be able to timely respond to requests for information or documentation. DOL will individually review requests for extension of time to respond due to storm-related delays.

Employers and authorized representatives unable to timely respond to inquiries from the Office of Foreign Labor Certification should use specific email addresses when submitting requests for extension of time to respond.

Questions and requests for extensions related to inquires from the Chicago National Processing Center for the H-2A, H-2B and H-1B visa programs should be emailed to TLC.chicago@dol.gov with the subject line, Hurricane Sandy.

Questions and requests for extensions related to inquiries regarding prevailing wage determination from the National Prevailing Wage Center should be emailed to FLC.PWD@dol.gov with the subject line, Hurricane Sandy.

Friday 2 November 2012

Temporary Immigration Benefit Relief Measures Available to Those Affected by Hurricane Sandy

02 Nov 2012
USCIS has posted a reminder to immigrants and nonimmigrants affected by Hurricane Sandy of certain benefits and relief that may be available to them. Eligible individuals may apply or request the temporary following relief measures:
  • Change or extension of nonimmigrant status for someone currently in the U.S., even when the request is filed after the expiration of the authorized period of admission;
  • Extension or re-parole of individuals previously granted parole by USCIS;
  • Expedited review and adjudication of off-campus employment authorization applications from F-1 students who are experiencing severe economic hardship;
  • Expedited adjudication of employment authorization applications; and
  • The provision of assistance to legal permanent residents who are stranded overseas without immigration or travel documents.

USCIS Publishes New Form I-140

02 Nov 2012
USCIS has published a new Form I-140, the Immigrant Petition for Alien Worker. The form is now available online at the USCIS website and through our firm. USCIS notes that it changed the format of the form to improve intake processing. In addition, the federal agency added Adobe fillable fields to make it easier to complete the form digitally.

Please note that editions dated January 6, 2010, and later will be accepted by USCIS until December 30, 2012. After that date, USCIS will only accept the October 1, 2012, edition.

Saturday 27 October 2012

USCIS Publishes Updated H-2B Visa Numbers – Oct. 19, 2012

On October 19, 2012, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for the first half of Fiscal Year 2013. According to USCIS, a total of 5,314 beneficiaries have been approved for the first of Fiscal Year 2013, with an additional 948 petitions pending. On September 28, 2012, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the agency for the second half of Fiscal Year 2012. A total of 28,159 beneficiaries have been approved for the second half of Fiscal Year 2012, with an additional 1,096 petitions pending.

Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the year. These numbers do not, however, carry over from one fiscal year to another. A total of 36,609 beneficiaries were approved for the first half of Fiscal Year 2012. USCIS was targeting 45,000 beneficiaries for that time period.

Friday 19 October 2012

Taiwan Designated for Participation in the Visa Waiver Program

On October 2, 2012, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Taiwan for participation in the Visa Waiver Program (VWP). This designation will enable eligible citizens, nationals and passport holders from Taiwan to apply for admission to the United States at a U.S. port of entry as a nonimmigrant alien. Individuals participating in VWP, who are otherwise eligible for admission, will be able to enter the U.S. for a period of ninety days or less for business or pleasure without having to first obtain a nonimmigrant visa.

The addition of Taiwan to the Visa Waiver Program will take effect on November 1, 2012, when a rule is published in the Federal Register updating the list of countries designated for participation in the program.

Friday 12 October 2012

USCIS Publishes Updated H-2B Visa Numbers – Sept. 28, 2012

On September 28, 2012, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for the second half of Fiscal Year 2012. According to USCIS, a total of 28,159 beneficiaries have been approved for the second half of Fiscal Year 2012, with an additional 1,096 petitions pending. USCIS is targeting a total of 51,000 cap-subject H-2B petitions for the second half of Fiscal Year 2012.

Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the year. These numbers do not, however, carry over from one fiscal year to another. A total of 36,609 beneficiaries were approved for the first half of Fiscal Year 2012. USCIS was targeting 45,000 beneficiaries for that time period.

Thursday 11 October 2012

Presidential Notice Allots 70,000 Refugee Numbers for Fiscal Year 2013

President Obama has made an official declaration to authorize the admission of up to 70,000 refugees to the United States during Fiscal Year 2013, when justified by humanitarian concerns or otherwise in the national interest. According to the published memorandum, this total number shall be allocated among refugees of special humanitarian concern to the U.S. in accordance with specified regional allocations.

Africa: 12,000
East Asia: 17,000
Europe and Central Asia: 2,000
Latin America/Caribbean: 5,000
Near East/South Asia: 31,000

An additional 3,000 refugee numbers have been unallocated and shall be allocated to regional limits, as needed.

Monday 1 October 2012

Napolitano Says “Family Relationships” Includes Long-Term, Same-Sex Partners

In a recent communication with Representative Pelosi (D-CA), Janet Napolitano, Secretary of Homeland Security, clarified how Immigration and Customs Enforcement (ICE) will define “family relationships” when considering whether or not to make enforcement decisions. ICE personnel, according to Napolitano, are given the ability to exercise prosecutorial discretion as appropriate when apprehending, detaining and removing aliens. ICE personnel, according to Napolitano, should consider the “totality of circumstances presented in individual cases, including whether an individual has close family ties to the United States.”

In her letter to Representative Pelosi, Napolitano states that she has directed ICE to disseminate written guidance to its field agents that the phrase “family relationships” should include long-term, same-sex partners. “Family Relationships”, Napolitano asserts, is a factor that is weighed on an individual basis when choosing the best prosecutorial strategy for the individual under consideration.

Saturday 29 September 2012

Electronic Filing of Labor Certification Applications for H-2A and H-2B Visas to Start this Fall

The Employment and Training Administration (ETA) has announced that it will implement electronic filing for the submission of temporary labor certification applications that are part of the H-2A and H-2B visa programs through the iCERT Visa Portal System. This new electronic filing system, run by the Department of Labor, will enhance the accessibility and quality fo labor certification services and reduce the reporting burden on small employers, commented the Department of Labor.

Employers or their authorized representatives will be able to submit H-2B applications electronically starting October 15, 2012 and H-2A applications starting December 10, 2012, at http://icert.doleta.gov. Employers who choose to not use this electronic filing option are guided to continue to file their H-2A and H-2B applications using the standard paper-based filing method.

Friday 28 September 2012

Bill to Extend EB-5, E-Verify, J-1 and Religious Worker Programs Signed Into Law

A bill was introduced in the Senate by Sen. Leahy (D-VT) in May 2012 to extend the EB-5 Regional Center program, the E-Verify electronic employee eligibility verification program, the R Special Immigrant Nonminister Religious Worker program and the Conrad State 30 J-1 Visa Waiver program. The bill was passed by the Senate on August 2, 2012, with unanimous consent. It was extended in the Senate to include a 3-year extension of the four immigrant programs.

On September 13, 2012, the House passed the bill as well by a vote of 412 to 3. President Obama signed the bill into law on September 28, 2012

Wednesday 26 September 2012

New Locations for Certain USCIS Petitions

USCIS has posted a notice of a series of changes for the work performed at the agency’s four service centers in Vermont, Nebraska, Texas and California. Certain tasks and case reviews will now be shifted from a service center to either a Field Office or the National Benefits Center in order to balance the overall workload with the processing capacities at each location. The changes include the following:

I-90 Application to Replace Permanent Resident Card
Effective Date: August 15, 2012
Previous Location: Nebraska Service Center
New Location: National Benefits Center

Stand-Alone Immediate Relative I-30, Petition for Alien Relative
Effective Date: August 15, 2012
Previous Location: All USCIS Service Centers
New Location: The Field Office with jurisdiction over the petitioner’s place of residence

Interview-Waivable Family-Based I-485, Application to Register Permanent Residence or Adjust Status
Effective Date: August 1, 2012
Previous Location: California Service Center
New Location: National Benefits Center

Wednesday 12 September 2012

First Immigrants Receive Deferred Action for Childhood Arrivals Approval

The Department of Homeland Security has approved its first wave of applications from young illegal immigrants seeking to avoid deportation and apply for official work permits. The federal department is notifying its first set of applicants this week that they have been approved to remain in the U.S. for a two-year period as part of the Deferred Action for Childhood Arrivals (DACA) program.

USCIS first started accepting applications for the DACA program three weeks ago. According to news sources, over 70,000 people have applied for the program. Background checks and fingerprinting are being conducted on each person applying for DACA consideration. The average wait time, according to the Department of Homeland Security is between four and six months. Applicants must have first come to the U.S. before they were 16 years old, be age 30 or younger and be high school graduates, in college or have served in the military.

Friday 7 September 2012

U.S. Embassy in India Introduces New Visa Processing System

The U.S. Embassy in India announced this week that it will implement a new visa processing system throughout India to further standardize procedures and simplify fee payment and appointment scheduling through a new website. Beginning September 26, 2012, U.S. visa applicants will be able to pay application fees via Electronic Fund Transfer, with their mobile phones or in cash at an Axis bank branch.

On September 26, applicants will be able to schedule appointments online at the new website: www.ustraveldocs.com/in. Applicants can also schedule their appointments by phone. Companies and travel agents will also be able to purchase multiple fee receipts for group travel, and the system will accommodate the scheduling of group and emergency appointments. Please note that under the new system, applicants will have to make two appointments. Prior to their visa interviews, applicants will be required to visit an Offsite Facilitation Center to submit fingerprints and a photo.

Learn more at www.ustraveldocs.com

USCIS Publishes Updated H-2B Visa Numbers – Aug. 31, 2012

Customs and Border Protection (CBP) is informing foreign visitors coming to the U.S. who are required to prove their legal visitor status to plan ahead. Foreign visitors may need information in addition to Form I-94, the Arrival/Departure Record that they received from CBP, when proving their legal visitor status to employers, schools, universities and governmental organizations. Currently CBP is experiencing delays in processing foreign visitors’ travel information into their I-94 database.

CBP is currently looking into automating the I-94 form to allow for electronic management of arrival and departure data. This would streamline the arrival and inspection process for travelers. Because the I-94 has been a long-standing form of proof of status for foreign travelers, CBP will keep the public updated of any changes to the process. Please note, though, that the current delays in processing do not affect most foreign travelers visiting for business or leisure and do not affect any visitor’s record of departure.

Thursday 30 August 2012

DACA Participants Not Eligible for Medicaid and CHIPS

The Department of Health and Human Services (HHS) has issued a statement clarifying that Medicaid and the Children’s Health Insurance Program (CHIP) benefits will not be offered to individuals participating in the Deferred Action for Childhood Arrivals (DACA) process. DACA provided temporary relief from removal by providing deferred action on a case-by-case basis for certain individuals not lawfully residing in the U.S. who are under the age of 31 and meet certain guidelines.

According to HHS, the Children’s Health Insurance Program Reauthorization Act of 2009 gives states the choice to provide Medicaid and CHIPS services to children and pregnant women who are lawfully residing in the United States or are otherwise eligible for the two programs. Since the reasons for the adoption of the DACA process does not specifically relate to eligibility in the two health programs, HHS has determined that these benefits should not be extended to individuals partaking in the DACA process.

Thursday 16 August 2012

Applicants May Now Apply for Consideration of Deferred Action for Childhood Arrivals

On August 15, 2012, USCIS began accepting requests for Consideration of Deferred Action for Childhood Arrivals (DACA). This new category of consideration is a discretionary determination made by USCIS representatives to defer removal actions of certain people. USCIS is considering DACA requests on an individual basis. The process does not provide lawful status or a path to permanent residency, but people whose cases are deferred will not be removed from the United States for a two-year period. This time period is subject to renewal; those who receive DACA may also be able to receive employment authorization.
Individuals interested in being considered for this process will need to establish certain eligibility requirements, including proof that:
  • You came to the U.S. prior to your 16th birthday
  • You have maintained continuous residency in the U.S. since June 15, 2007
  • On June 15, 2012, you were under the age of 31
  • You entered the U.S. without inspection before June 15, 2012, or your lawful immigrant status expired as of that date
  • You are either in school, have graduated or obtained a general educational development certification, or you are an honorably discharged veteran of the U.S. Coast Guard or Armed Forces
  • You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and are not otherwise a threat
  • You were present in the U.S. on June 15, 2012 and at the time when you make your request for DACA consideration.
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Friday 10 August 2012

ESTA Online System To Accept Multiple Applications Within One Transaction


US Customs and Border Protection announced this week that the Electronic System for Travel Authorization (ESTA) website has been updated to allow for the submission of multiple applications which are paid for in one transaction. This new online application will be available on Wednesday, August 15.

Applicants using the ESTA system enter biographical data and an email address to create a Group ID; that ID then enables a family or other group to input up to 50 ESTA applications and complete the application with a single credit card payment transaction. This change delivers greater efficiency to families and other groups utilizing the online system to apply for travel authorization.

ESTA is an electronic travel authorization required for all nationals of Visa Waiver Program countries prior to boarding a carrier to travel by air or sea to the U.S. under that visa program.

Thursday 9 August 2012

Department of State Announces DV-2014 Online Registration Start Date

The Department of State has published the start date for online registration for the DV-2014 program. Online registration will begin on Tuesday, October 2, 2012 at 12 noon EST, and will end on Saturday, November 3, 2012, at 12 noon EST. The Department of State also notes that instructions for the 2014 program are not yet available.

Each year under the Diversity Visa program, 55,000 diversity visas are made available to eligible petitioners from countries with low rates of immigration to the United States. Applicants who are selected by the random lottery are offered a permanent resident diversity visa.

Friday 3 August 2012

Deferred Action for Childhood Arrivals – Implementation Date Set for August 15


Earlier today, the Department of Homeland Security posted a release reinstating that USCIS will be ready to implement the deferred action for childhood arrivals process on August 15. On June 15, Janet Napolitano, Secretary of Homeland Security, announced that certain young people who came to the U.S. as children and meet key guidelines may be eligible to receive deferred action. The process by which such candidates can request consideration for deferred action is currently being finalized by USCIS.

USCIS states that it intends to make all forms, instructions and other relevant information and tools related to deferred action for childhood arrivals ready for the public on August 15, 2012. The federal agency will then immediately begin accepting requests for consideration.

Thursday 2 August 2012

USCIS Reminder – Centralized Filing for Waivers of Inadmissibility

USCIS has commented that, since June 4, 2012, individuals outside the United States who have been found inadmissible for certain visas by a U.S. consular officer who wish to waive the inadmissibility ground should no longer apply for waivers at their foreign location. USISC comments that such individuals should file requests directly to USCIS by mailing their application to a USCIS Lockbox facility in the U.S. This change, it should be noted, only affects cases in which the individual is outside the U.S., is found inadmissible for an immigrant visa (or nonimmigrant K or V visa) and only affects the filing location.

These waiver applications are adjudicated at the USCIS Nebraska Service Center. These changes, which took place on June 4, affect filings for Form I-601, the Application for Waiver of Grounds of Inadmissibility; Form I-212, the Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if filed together with a Form I-601); and Form I-290B, the Notice of Appeal or Motion (if filed after a denial of a Form I-601 or Form I-212.

Please note that waiver applicants located in Mexico have the option of filing with the local USCIS Field Office in Ciudad Juarez, Mexico, in addition to the USCIS Lockbox facility, until December 4, 2012.