Latest Immigration News
President Biden Send His Immigration Reform Bill to Congress
USCIS Publishes Final Rule Modifying H-1B Lottery Selection to Prioritize Wages
Your Covid-19 Vaccine was Likely Made by an Immigrant
DOL and USCIS Enter into an Agreement to Share Information About Suspected H-1B Employer Violations
DUSCIS Fee Increase Halted by Federal District Court
Trump Administration Issues Two New Rules to Restrict H-1B Visas
DHS will reject initial DACA requests and limit renewals to 1 year
USCIS may Furlough Many Employees Due to Budget Shortfalls
Presidential Proclamation Suspending Entry of Certain Individuals with H-1B, H-2B, J, and L Visas
USCIS Issued this Statement on the Presidential Proclamation
USCIS Asks Congress for Emergency Funding to Avoid Furloughing 13,000 USCIS Employees
USCIS Seeks Congressional Bailout to Avoid Furloughing its Staff
High-Skill Immigration Restrictions Expected Soon from Trump?
USCIS Fee Increases Hit Businesses Hard
Competing Bills in Congress Aim to Reduce the Green Card Backlogs
Upcoming H-1B registration still fraught with concerns
Forbes reports: Data shows H-1B visas are being denied at historically high rates
Bloomberg reports: Fed Up with Immigration Backlogs, Lawyers Head to the Courts
Bloomberg reports that revocation of H-1B visas on the rise
Fraud Alert: Law Enforcement Telephone Numbers Used in Two-Part Scam to Extort Money from Victims
Trump’s Immigration Proposal Emphasizes Immigrants’ Skills over Family Ties
Trump H-1B Visa Policy Info may be Revealed in Wake of Lawsuits
A district court judge has issued a nationwide preliminary injunction, effective immediately, enjoining USCIS’s August 2018 unlawful presence memo that penalized international students for overstaying or violating the terms of their visas.
AILA bulletin regarding H-1B processing delays
Israelis Now Eligible for E-2 Treaty Investor Visa Status
Increased delays and denials of H-1B visas are hurting businesses
DHS’s proposed regulation, “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” has been sent to the Office of Management and Budget for review. Once review is complete a notice of proposed rulemaking will be published in the Federal Register for public comment before being finalized by DHS.
Immigration Cases Face “Crisis-Level Delays
USCIS Resumes Premium Processing for Pending H-1B Petitions
Fake University in Michigan Set Up by ICE to Nab Foreign Students
DHS Announces Rule for Changes to the H-1B Selection Process
DHS Issues Proposed Rule Adding Registration Requirement for Cap-Subject H-1B Petitions
USCIS Extends and Expands Suspension of Premium Processing on H-1B Petitions
USCIS Increasing Premium Processing Fee Beginning October 1st
DHS Proposes to Eliminate the International Entrepreneur Rule
Trump Works to Cut High Skilled Visas in NAFTA Deal
USCIS Completes Data Entry of Fis
cal Year 2019 H-1B Cap-Subject Petitions
Former Tech Staffing Company Owner Sentenced to Prison for Visa Fraud
USCIS Reaches H-1B Cap for Fiscal Year 2019
Senators Introduce Bill to Increase the Number of H-1B Visas
As Tax Time Approaches so do the Scammers: Beware
Bloomberg News: More Scrutiny, Enforcement for Employment Visas
USCIS to Begin Accepting Applications Under the International Entrepreneur Rule
The rule was published in January 2017 and originally scheduled to take effect in July 2017; however, the effective date was delayed. A federal court recently issued a decision vacating the postponement. Under this rule DHS may use its parole authority to grant a period of authorized stay on a case-by-case basis to foreign entrepreneurs who demonstrate that their stay in the United States would provide significant public benefit through the potential for rapid business growth and job creation.
Trump administration plans to wipe out H-4 employment authorization
USCIS Resumes Premium Processing Availability for all H-1Bs
FAQ on Presidential Proclamation on Immigrant and Nonimmigrant Visas for People from Certain Countries
https://travel.state.gov/content/travel/en/news/important-announcement.html
USCIS Resumes Premium Processing for FY 2018 Cap-Subject Petitions and the U.S. Masters Cap Allotment:
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree.
H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, academic research, and accounting. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If the 15- calendar day processing time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application. This service is only available for pending petitions, not new submissions, since USCIS received enough petitions in April to meet the FY 2018 cap.
In addition to today’s resumption of premium processing for H-1B via petitions subject to the FY 2018 cap, USCIS previously resumed premium processing H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and for certain H-1B petitionsthat are not subject to the cap. Premium processing remains temporarily suspended for all other H-1B petitions, such as extensions of stay.
USCIS plans to resume premium processing for all other remaining H‑1B petitions not subject to the FY 2018 cap, as agency workloads permit. However, remaining petitioners may submit a request to expedite their application if they meet the specific agency criteria. USCIS reviews all expedite requests on a case-by-case basis, and requests are granted at the discretion of the office leadership.
USCIS will release future announcements when we begin accepting premium processing for other H-1B petitions, not subject to the FY 2018 cap.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@USCIS).
AILA: Beware of new DACA Scams.
ICE Issues Statement on People Impersonating ICE Agents in Houston:
From FEMA
Federal Emergency Management Agency (FEMA) Hurricane Harvey Rumor Control
Rumor: I’m an undocumented immigrant, I cannot go to a shelter because I will be reported to ICE or CBP.
Fact: U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) has stated that it is not conducting immigration enforcement at relief sites such as shelters or food banks. In the rare instance where local law enforcement informs ICE of a serious criminal alien at a relief site that presents a public safety threat, ICE will make a determination on a case-by-case basis about the appropriate enforcement actions. More information is available at U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement's (ICE) joint statement. The Federal Government strongly encourages all persons to follow the guidance of local officials and seek shelter regardless of their immigration status.
Most shelters are managed by local communities, the Red Cross, and other voluntary agencies. American Red Cross’ humanitarian mission is to feed, shelter, and provide other forms of support without regard to race, religion, or citizenship status. The Red Cross will not ask people to show any form of identification in order to stay in their shelters. In order to receive some Red Cross services, such as meeting with a caseworker to facilitate disaster recovery, they will need to verify a person’s pre-disaster address. For people who don’t have government-issued identification, the Red Cross can usually do this through alternative means, such as a copy of a utility bill.
USCIS to Expand Interviews, Including Employment-Based Adjustment of Status Cases
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.
Effective Oct. 1, USCIS will begin to phase-in interviews for the following:
- Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).
- Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.
Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.
“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”
Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States. USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.
Trump Endorses Senate Skills-Based Immigration Bill
How the H-1B Program is Holding Up Under Trump
Scam Alert: DHS OIG Hotline Telephone Number Used in Scam to Obtain Personal Information
FAQ: The real impact of Trump’s H-1B Executive Order
Know Your Rights:
The following is a collection of Department of Homeland Security Issues Fact Sheets and Q&As Explaining February 21, 2017 Executive Orders:
Fact Sheet: Executive Order: Border Security and Immigration Enforcement Improvements
Fact Sheet: Enhancing Public Safety in the Interior of the United States
Q&A: DHS Implementation of the Executive Order on Border Security and Immigration Enforcement
USCIS reminders on tax identity theft awareness: https://www.uscis.gov/avoid-scams and https://www.consumer.ftc.gov/features/feature-0029-tax-identity-theft-awareness-week
From USCIS:
Be aware of phone scams where callers claim to be from the Internal Revenue Service (IRS) and threaten to have a person arrested or deported for owing taxes.
Don’t be tricked. Even if you do owe taxes, the IRS will never:
- Call and demand immediate payment over the phone;
- Demand payment with a prepaid debit card, or ask for your credit card or debit card number over the phone; or
- Threaten to call the police or immigration authorities.
If you get a call like this, report it online to the Treasury Inspector General for Tax Administration or call 800-366-4484. Also, report it to the Federal Trade Commission.
To learn more about tax scams, watch this video and read this IRS Tax Tip Sheet. If you think you owe taxes, you can call the IRS at 800-829-1040 and they may help you arrange a payment plan.
Visit uscis.gov/avoidscams for more information on common scams targeting immigrants.
The rule provides benefits for beneficiaries of both employment-based immigrant and non-immigrant visa programs, including the following: improved processes and increased certainty for U.S. employers seeking to sponsor and retain immigrant and nonimmigrant workers; greater stability and job flexibility for those workers; and increased transparency and consistency in the application of DHS policy related to affected classifications. Many of these changes are primarily aimed at improving the ability of U.S. employers to hire and retain high-skilled workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents, while increasing the ability of those workers to seek promotions, accept lateral positions with current employers, change employers, or pursue other employment options.
The rule will go into effect in 60 days.
DHS Proposes New International Entrepreneur Rule
Supreme Court Deadlock in United States v. Texas
The Supreme Court’s 4 to 4 decision in United States v. Texas means the lower court’s injunction will stand, blocking implementation of the expanded version of the Deferred Action for Childhood Arrivals (DACA+) and the Deferred Action for Parents of American Lawful Permanent Residents (DAPA) program. The original DACA program implemented in 2012 is not affected.
Former ICE Attorney Sentenced to Prison for Falsifying Documents in Immigration case
USCIS Announces FY 2017 H-1B Cap Reached
DHS Publishes Final Rule Affecting Highly Skilled Workers in Certain Classifications
Pro-immigration Group Launches 2016 Reform Blitz
New Security Measures Announced for Visa Waiver Program
Judge: Texas can deny birth certificates for U.S.-born children of some immigrants
Immigration Is Good for Economic Growth. If Europe Gets It Right, Refugees Can Be Too
What Politicians Get Wrong About Immigration
An immigration policy for the next 50 years
USCIS posts updated instructions for using the DOS Visa Bulletin
From the New York Times: Miscalculation on Visas Disrupts Lives of Highly Skilled Immigrants
What the Candidates Said About Immigration During the Republican Debate
Why Trump Believes His H-1B Plan is Serious
How Immigrant Entrepreneurs Move the US Economy Forward
DHS Secretary Johnson Announces Security Enhancements for Visa Waiver Program
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U.S. Ranks 9th out of 38 Countries in Migrant Integration Policy Index Results
The Controversy Over Immigration And New Trade Authority
High Skilled Immigration Boosts Native Wages
Immigration Reform May Have a Chance in Washington
Immigration Relief Measures for Nepali Nationals
USCIS received nearly 233,000 cap-subject H-1B petitions during the first five business days of April. USCIS will begin premium processing those cases that were filed under premium processing and selected in the lottery no later than May 11, 2015
H-1B Cap Reached for Fiscal Year 2016
Supreme Court Hears Oral Argument in Case Involving Doctrine of Consular Non-Reviewability
Shutdown Looms as Dems Block DHS Funding Bill
Expanded DACA Program on hold:
Senate at Impasse on DHS Funding as Shutdown Looms
Consumer Advisory—The President's New Deferred Action Programs Only Protect SOME Undocumented People
IMPORTANT: Consumer Advisory Regarding Deferred Action
Spanish Language Advisory Circular (Esp.)
November 2014 Visa Bulletin is Here.
Immigrants' Job Prospects Are Best in Switzerland, America
Link: http://www.businessweek.com/articles/2014-08-07/employment-prospects-for-immigrants-around-the-world
Beware of Telephone Scammers Posing as USCIS Agents
USCIS has received numerous reports of scammers pretending to be USCIS agents and asking for personal information and money over the phone:
http://blog.uscis.gov/2013/08/scam-alert-caller-id-spoofing.html
USCIS FAQ on Implementing the Supreme Court's Ruling on DOMA for Same-Sex Couples
Customs and Border Protection Announces Rollout of New Automated I-94
http://cbp.gov/xp/cgov/newsroom/news_releases/national/04262013_4.xml
USCIS Implements Customer Identity Verification
On Monday, May 6, 2013, U.S. Citizenship and Immigration Services (USCIS) will implement Customer Identity Verification (CIV) in its field offices. Individuals will now be required to submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit.
http://content.govdelivery.com/bulletins/gd/USDHSCIS-74d21c
A group of Senators has introduced the “Immigration Innovation Act of 2013” or “I-Squared Act of 2013” (S.169). This bill would provide many needed reforms that would benefit highly-skilled immigrants as well as the businesses that rely on the talent of such workers. Among other things, the bill would:
· Increase the annual H-1B cap with a market-based escalator adjustment mechanism so that the cap can move as demand increases,
· Uncap the existing exemption for H-1B applicants holding advanced degrees from a U.S. school;
· Provide employment authorization for spouses of H-1B workers;
· Provide a grace period for terminated H-1B workers to change or extend status;
· Exempt certain categories of applicants from the employment-based permanent residency cap, including U.S. STEM advanced degree holders, and dependents of employment-based permanent resident applicants;
· Provide recapture and roll-over mechanisms so that unused permanent resident visa numbers are not lost;
· Eliminate per-country annual limits for employment based applicants;
· Use fees from the H-1B and employment-based permanent residency programs to promote STEM education and worker retraining.
The “I-Squared Act of 2013” was introduced by Senators Hatch (R-UT), Klobuchar (D-MN), Rubio (R-FL) and Coons (D-DE).
President Obama Issues Proposal for Immigration Reform
Deferred Action Process Announced for Certain Young People Between the Ages of 15 and 30
Eligible individuals must:
· Be 15-30 years old, and have entered before age 16
· Have been present in the U.S. for 5 years as of June 15, 2012
· Have maintained continuous residence
· Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors
· Be currently in school, graduated or have a GED, or is an honorably discharged veteran
· The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively.
Click for Deferred Action Policy memo.
Click for Deferred Action Policy fact sheet.
E-1 Treaty
Traders / E-2 Treaty Investors
The E-1 visa allows a national of a
country with which the U.S. maintains a treaty of commerce and
navigation to come to the United States for the purpose of engaging
in international trade. The trade may consist of goods or services,
but it already must be in existence at the time of the visa
application, and must be substantial—that is, a continuous flow of
sizable international trade items, involving numerous transactions
over time.
Additionally, the trade must be principally between the treaty
country and the USA, such that over 50% of the total volume of
international trade is between the United States and the trader’s
treaty country. The individual E-1 visa holder must be coming to the
United States to work with the trading enterprise in either an
executive or managerial capacity or in a position requiring skills
that are essential to the enterprise.
The E-2 visa is also for nationals of
a country with which the U.S. maintains a treaty of commerce and
navigation, but it can be used to come to the United States to
develop and direct the operations of a bona fide enterprise in which
the visa holder has invested or is actively in the process of
investing a substantial amount of capital. In the case of an alien
investor he or she must own at least 50% of the enterprise or have
operational control. There is no bright-line test for what
constitutes a “substantial” amount of capital invested. Rather,
substantiality is determined by considering factors such as the
amount invested in comparison to the total amount required to
purchase an existing business or establish a new viable enterprise.
The business also must be one that is or will be active and
operating to provide goods or services for profit. Additionally, the
business cannot be “marginal”--one which lacks the present or future
ability to generate more than a minimal living for the treaty
investor and his or her family. Employees of the E-2 investor
organization may also come to the USA to hold a position in an
executive or managerial capacity or in a position requiring skills
that are essential to the enterprise.
Recent Bills
to Improve the Immigration Process for Entrepreneurs and Members of
STEM Fields
Recognizing the need to attract scientific and technological talent to the United States, legislators have recently introduced a variety of new bills to ease the visa and permanent residency process for such workers.
STAR Act
Senator John Cornyn has introduced
Senate bill S.3185 “Securing the Talent America Requires for the 21st
Century Act of 2012” or “STAR Act”.
http://www.govtrack.us/congress/bills/112/s3185/text
This bill would create a new EB-2
immigrant visa subcategory for certain STEM Master’s and Ph.D.
graduates of U.S. schools, with a streamlined labor certification
process, and access to an additional 55,000 immigrant visa numbers.
In addition, this bill would allow any EB-1, EB-2, or EB-3 applicant
to file an application for adjustment of status before a visa number
becomes available, and would provide for the carryover of unused
employment-based visa numbers from one fiscal year to the next.
STEM Act
In December 2011, Senator Michael
Bennet introduced S.1986
Science, Technology, Engineering and Mathematics (STEM) Visa Act of
2011 to
create a new permanent residency category for students graduating
with advanced degrees in specialties in science, technology,
engineering and mathematics (STEM), and to enable eligible
undocumented students enrolled full time in a STEM field of a U.S.
institution of higher education to apply for temporary student
visas.
See:
http://www.bennet.senate.gov/newsroom/press/release/?id=25f95f56-326d-4d45-ac17-ba6ac06a882e.
and
http://www.govtrack.us/congress/bills/112/s1986/text
STARTUP VISA
Introduced by Senator John Kerry,
S.565, the STARTUP VISA Act, would provide visas and a permanent
residence opportunity for immigrant entrepreneurs in the following
situations:
·
Where a U.S. investor agrees to financially sponsor a new business
venture of a foreign national with a minimum investment of $100,000,
and where two years later, the startup company has created five new
American jobs and either raised over $500,000 in financing or is
generating more than $500,000 in yearly revenue;
·
Where an H-1B worker or a graduate from U.S. university in science,
technology, engineering, mathematics, or computer science has an
annual income of at least $30,000 or assets of at least $60,000 and
a U.S. investor commits investment of at least $20,000 to the
person’s business venture, and where within two years the new
company has created three new American jobs and either raised over
$100,000 in financing or is generating more than $100,000 in yearly
revenue;
·
Where a foreign entrepreneur has a business that has generated at
least $100,000 in sales from the U.S. and within two years has
created three new American jobs and either raised over $100,000 in
financing or is generating more than $100,000 in yearly revenue.
The “investor” must be a U.S. citizen
who has made at least two equity investments of at least $50,000
every year for the previous three years, or a qualified government
entity.
Federal Agencies
Establish National Initiative to Combat Immigration Service Scams
Advisory regarding latest immigration case reviews - Avoid fraud!
Click here for more information from USCIS on avoiding immigration scams.