<

Archive

Archive for the ‘Immigration’ Category

Erroneously issued DACA card collection – NILC press release

FOR IMMEDIATE RELEASE
July 15, 2015

CONTACTS
Elizabeth Beresford | NILC | elizabeth@fitzgibbonmedia.com | 917.648.0189
Mario Carrillo | UWD | mario@unitedwedream.org | 915.449.6463

USCIS Ramps Up Effort to Collect Three-Year DACA and Work Permits Issued in Error Post-Injunction
Administration to begin home visits on Thursday, July 16
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced that it will begin visiting the homes of some beneficiaries of the Deferred Action for Childhood Arrivals Program (DACA) who were issued work permits with the wrong expiration date and have yet to return them.

In November 2014, the Obama administration began issuing DACA work permits that were valid for three years — an extension of one year over previous program rules. On February 16, 2015, a federal judge placed a temporary injunction on the change, effectively ordering USCIS to go back to issuing work permits valid for the original two-years from that date forward. However USCIS continued issuing extended work permits for a short period of time as their systems were updated. It is only these mistakenly issued three-year work permits that the agency is asking be returned in exchange for a valid, two-year work permit.

The DACA program benefits nearly 700,000 individuals, and this issue only impacts about 2,500 people. Further, most individuals who were issued work permits with the wrong expiration date have already returned their mistakenly issued work permits, and just over 1,000 remain.

USCIS has threatened to invalidate DACA status entirely for individuals who do not return their mistakenly issued work permits by July 30, 2015. The agency will visit only the homes of those who have not responded to agency letters and calls so far.

Home visits are expected to begin as early as Thursday, July 16, in Chicago, Los Angeles, and possibly Dallas and Houston, only to some homes of the just over 1,000 individuals for whom this applies. Advocates fear confusion and panic because of the visits and have begun an aggressive public education effort to help deal with the situation.

Cristina Jimenez, managing director of United We Dream, issued the following statement,

“It’s alarming that a mistake by USCIS could cost hundreds of immigrant youth their DACA and their work permits. The administration’s mistake could cost immigrant youth jobs, opportunities for school, and driver’s licenses.

“These are people who paid the fees, applied on time, were approved for DACA, and now, because of an error, are at risk of losing their protection from deportation.

“But our message to those who received their three-year work authorizations is, Return them as soon as possible to avoid losing your DACA and falling out of immigration status.”

Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement:

“The actions taken to retrieve the three-year work authorization documents by USCIS are in direct response to Judge Hanen’s order in the case challenging DAPA and expanded DACA. While we do not agree with the extreme measures USCIS is taking to ensure the return of these documents, we encourage the small number of DACA recipients who received the three-year work permits after February 16, 2015, to answer any letters, calls, or visit by USCIS officials so as not to lose their DACA and work authorization.

“While immigrant communities might be confused and fearful of this, USCIS’s goal is only to retrieve the three-year work permit and replace it with a two-year permit in order fully to comply with Judge Hanen’s order.”

For more information, you can listen to today’s Spanish language media call with Cristina Jimenez, Marielena Hincapié and Oscar Chacon here.

# # #

United We Dream is the largest immigrant youth-led organization in the nation, a powerful nonpartisan network made up of 55 affiliate organizations in 26 states. UWD organizes and advocates for the dignity and fair treatment of immigrant youth and families, regardless of immigration status. We seek to address the inequities and obstacles faced by immigrant youth and believe that by empowering immigrant youth, we can advance the cause of the entire community—justice for all immigrants.

You can find more about UWD online atwww.unitedwedream.org.

NILC is the primary legal advocacy organization in the U.S. exclusively dedicated to defending and advancing the rights and opportunities of low-income immigrants and their families. NILC focuses on key issues that affect low-income immigrants’ lives, including access to health care, economic support programs, and education; workers’ rights; and immigration reform and enforcement policies. To advance its mission, NILC uses multiple, integrated strategies: litigation, advocacy, and strategic communications. And through trainings, publications, and providing legal counsel and advice, NILC also educates a wide range of audiences about legal and policy matters that affect immigrants.

You can find out more about NILC online at www.nilc.org.

Share
Categories: Immigration Tags:

USCIS DACA statistics through 2015

Categories: Immigration Tags:

Work Cards (EAD) for SOME H-4 visa holders

The USCIS has started accepting applications for work cards from H-4 visa holders – in two instances.

1) The H1B visa holder who the H-4 is a dependent of, has an approved I-140 based on an employment based immigrant petition, and;
2) The H1B visa holder is on their 7th or later extension based on an ETA9089 application that was filed more than a year before the expiration of the H1B status.

No other H-4 visa holders are eligible to file for work cards.

Contact an if you have any questions.

USCIS announcement:

Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B nonimmigrant:

Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). AC21 permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.
The Employment Authorization for Certain H-4 Dependent Spouses final rule (H-4 rule), effective on May 26, 2015, seeks to support the goals of attracting and retaining highly skilled foreign workers and minimizing the disruption to U.S. businesses resulting from H-1B nonimmigrants who choose not to remain in the United States and pursue LPR status.

Although USCIS published the H-4 notice of proposed rulemaking in May 2014, finalizing it was part of the executive actions on immigration that President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of the initiatives to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling.

Share
Categories: Immigration Tags: , ,

USCIS ALERT: Relief to Yemeni Nationals

April 29th, 2015 No comments

From the USCIS:

USCIS is closely monitoring conditions in Yemen. Due to the current unstable security situation, USCIS seeks to highlight several available immigration relief measures that may assist eligible Yemeni nationals.
Immigration relief measures that may be available upon request include:
• Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;
• Extension of certain grants of parole made by USCIS;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate; and
• Consideration for waiver of fees associated with USCIS benefit applications, based on an inability to pay

More information here.

Share
Categories: Immigration Tags:

USCIS resumes H-2B processing.

March 18th, 2015 No comments

From the USCIS:

“Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice.

Monday, March 16, 2015 the Department of Labor (DOL) filed an unopposed motion to stay the March 4 order of the U.S. District Court for the Northern District of Florida in Perez v. Perez until April 15. That order vacated DOL’s H-2B regulations on the grounds that DOL had no authority under the Immigration and Nationality Act to issue them.

DHS suspended H-2B adjudications while it reviewed the decision. As stated in the motion, DHS will resume adjudicating H-2B petitions based on temporary labor certifications issued by the Department of Labor.

To fill the regulatory gap, DOL and DHS announced on Friday, March 13, that they intend to issue a joint interim final rule by April 30, 2015.”

See the posting here.

Share
Categories: Immigration Tags:

USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015

March 17th, 2015 No comments

From the USCIS:

WASHINGTON – On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS expects to receive more petitions than the H-1B cap during the first five business days of this year’s program. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If USCIS receives an excess of petitions during the first five business days, the agency will use a lottery system to randomly select the number of petitions required to meet the cap. USCIS will reject all unselected petitions that are subject to the cap as well as any petitions received after the cap has closed. USCIS used the lottery for the FY 2015 program last April.

Premium Processing for Cap-Subject Petitions
H-1B petitioners may still continue to request premium processing together with their H-1B petition. However, please note that USCIS has temporarily adjusted its current premium processing practice based on historic premium processing receipt levels and the possibility that the H-1B cap will be met in the first five business days of the filing season. In order to prioritize data entry for cap subject H-1B petitions, USCIS will begin premium processing for H-1B cap-subject petitions requesting premium processing no later than May 11, 2015.

More here.

Always hire an immigration attorney for this process.

Share
Categories: Immigration Tags:

H-4 EAD coming soon…

March 13th, 2015 No comments

Starting around May 26, 2015, spouses of certain individuals will soon be able to apply for an Employment Authorization Document (EAD).

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

More here.

Share
Categories: Immigration Tags:

USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015

March 13th, 2015 No comments

Release Date: March 12, 2015
Petitioners are Reminded to Follow Regulatory Requirements

WASHINGTON – On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS expects to receive more petitions than the H-1B cap during the first five business days of this year’s program. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If USCIS receives an excess of petitions during the first five business days, the agency will use a lottery system to randomly select the number of petitions required to meet the cap. USCIS will reject all unselected petitions that are subject to the cap as well as any petitions received after the cap has closed. USCIS used the lottery for the FY 2015 program last April.

More here.

If the petitioning company does not have counsel it is important to hire an immigration attorney for assistance with an H1B visa.

Share
Categories: Immigration Tags:

USCIS and DOL suspend H2B processing…

Categories: Immigration Tags:

Do not send expanded DACA applications yet.

February 17th, 2015 No comments
Categories: Immigration Tags: