Monthly Archives: September 2017

18
September 2017

USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

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 petitions that 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 review​s 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 they begin accepting premium processing for other H-1B petitions, not subject to the FY 2018 cap.

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

14
September 2017

CBP Practice Alert: Water Damaged Visas and Passports

In the wake of two hurricanes that have brought massive flooding to Texas, Louisiana and Florida, many foreign nationals are reporting that their passports and visas have been water-damaged. Clients with water-damaged documents should be advised to replace them prior to traveling internationally (if possible) or ensuring that they allow time to apply for a new visa or passport abroad before attempting to return to the United States. The ink that is used in the documents does not hold up to water, and if the damage is apparent by looking at the document, there is a high likelihood that the visa/ passport will not be machine readable. People who seek reentry to the United States by air will not be permitted to board an airplane if their passports cannot be scanned. There is very little room for discretion for those entering by air, as the airlines will likely deny boarding before CBP ever sees the applicant.

Those who seek reentry by land may receive greater favorable discretion, as they may be granted a waiver of the required entry document (on Form I-193, pursuant to INA 212(d)(4)). Such waivers are granted on a case-by-case basis at the discretion of the port, and there is no guarantee that it will be done in any particular case. In cases that merit favorable discretion (e.g., emergency travel due to hardship), attorneys may facilitate the process by having the client return to the United States through a land border port of entry and contacting that port in advance of the client’s reentry to discuss the case and explain why it merits an I-193 waiver approval. Ports will never pre-adjudicate admissibility, but entry may be facilitated by making this type of inquiry in advance. The I-193 waives only the lack of a travel document and does not waive any other grounds of inadmissibility which would require a waiver under INA 212(d)(3).

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

14
September 2017

Take Action: Tell Congress Now is the Time to Protect Dreamers

Congress must act now and pass legislation, like the bipartisan, bicameral Dream Act (S. 1615/H.R. 3440), to protect Dreamers from deportation. The President’s decision to end DACA has endangered the lives of nearly 800,000 Dreamers, who were brought to this country as children. These young people are integral to our country, communities, and economy.
Americans have shown overwhelming support for protecting Dreamers, and there is increasing pressure on the President and Congress to reach across the aisle and pass a permanent legislative solution. Help AILA keep the pressure on by telling Congress to act now on legislation to protect Dreamers. Take Action today.
The Dream Act is a bipartisan bill that would protect young people who were brought to this country as children and grew up in the U.S., known as Dreamers, from deportation. It would provide them a chance to apply for lawful permanent residence, and eventually citizenship, if they meet certain requirements.
The Dream Act has been introduced in both the Senate (S. 1615) and House (H.R. 3440) by Republican and Democratic members. Now Congress needs to vote and pass this legislation.
If Congress does not act, nearly 800,000 Dreamers who were protected by DACA will be at risk of being deported. Please call your member of Congress today.

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

13
September 2017

USCIS Hurricane Relief Available

 

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Irma.

The following measures may be available on a case-by-case basis upon request:

  • Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
  • Re-parole of individuals previously granted parole by USCIS;
  • Expedited processing of advance parole requests;
  • Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited adjudication of employment authorization applications, where appropriate;
  • Consideration of fee waivers due to an inability to pay;
  • Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
  • Assistance if you were unable to appear for a scheduled interview with USCIS;
  • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
  • Rescheduling a biometrics appointment.

Note: When making a request, please explain how the impact of Hurricane Irma created a need for the requested relief.

To learn how to request these measures or determine if an office is open, call the National Customer Service Center at 800-375-5283 (TDD for the deaf and hard of hearing: 800-767-1833) or visit ourUSCIS Office Closings webpage.

If your InfoPass appointment was affected by this storm, you can reschedule your appointment onlineor by calling the National Customer Service Center at 800-375-5283 (TDD for the deaf and hard of hearing: 800-767-1833).

All Form I-9, Employment Eligibility Verification, requirements remain in place. Those affected by Hurricane Irma should reviewForm I-9 acceptable documents and receipts for more informationon how to complete the Form I-9 if an employee’s documents are lost, stolen, or damaged.Visit I-9 Central for more information.

For more information about how we provide assistance to individuals affected by unforeseen circumstances, visit the Special Situations webpage or call the National Customer Service Center.

For more information about the federal government response to Hurricane Irma, visitusa.gov/hurricane-irma.

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

 

05
September 2017

RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (“DACA”)

RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (“DACA”)
WASHINGTON – Today, the Department of Homeland Security (DHS) initiated the orderly wind down of the program known as Deferred Action for Childhood Arrivals (DACA).
“This Administration’s decision to terminate DACA was not taken lightly. The Department of Justice has carefully evaluated the program’s Constitutionality and determined it conflicts with our existing immigration laws,” said Acting Secretary Elaine Duke. “As a result of recent litigation, we were faced with two options: wind the program down in an orderly fashion that protects beneficiaries in the near-term while working with Congress to pass legislation; or allow the judiciary to potentially shut the program down completely and immediately. We chose the least disruptive option.
“With the measures the Department is putting in place today, no current beneficiaries will be impacted before March 5, 2018, nearly six months from now, so Congress can have time to deliver on appropriate legislative solutions. However, I want to be clear that no new initial requests or associated applications filed after today will be acted on.”
On June 29, the attorneys general of Texas and several other states sent a letter to U.S. Attorney General Jeff Sessions asserting that the DACA program is unlawful for the same reasons stated in the Fifth Circuit and district court opinions regarding an expansion of the DACA program and the now-rescinded program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The letter noted that if DHS did not rescind the June 2012 DACA memo by September 5, 2017, the states would seek to amend the DAPA lawsuit to include a challenge to DACA.
Yesterday, Attorney General Sessions sent a letter to Acting Secretary Duke articulating his legal determination that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress’ repeated rejection of proposed legislation that would have accomplished a similar result. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.” The letter further stated that because DACA “has the same legal and constitutional defects that the courts recognized as to DAPA, it is likely that potentially imminent litigation would yield similar results with respect to DACA.” Nevertheless, in light of the administrative complexities associated with ending the program, he recommended that the Department wind down the program in an efficient and orderly fashion, and his office has reviewed the terms on which the Department will do so.
Based on guidance from Attorney General Sessions, and the likely result of potentially imminent litigation, Acting Secretary Elaine Duke today issued a memo formally rescinding the June 15, 2012 memorandum that created DACA, and initiating an orderly wind down of the program. This process will limit disruption to current DACA beneficiaries while providing time for Congress to seek a legislative solution. The details are contained in Acting Secretary Duke’s September 5 memorandum, and in our Frequently Asked Questions.

 

05
September 2017

DACA in Transition

The administration’s policy, which will take effect Tuesday would include:

  • DHS will provide a limited 6 month window in which it will adjudicate the renewal process for DACA recipients
  • The administration won’t consider new applications for legal status dated after Sept. 5. U.S. Citizenship and Immigration Services (USCIS) will reject all daca initial requests and EAD applications received after the date of Tuesday’s memo, September 5th.
  • USCIS will adjudicate on an individual Case by case basis for initial requests and applications for employment authorization documents (EAD) received as of September 5th
  • Those currently enrolled in the program whose permits expire by march 5 can apply for renewal as long as they do so by october 5th
  • Anyone who has a DACA permit expiring between now and March 5, 2018, can apply for a two-year renewal. That application must be submitted by Oct. 5.

 

Senior DHS officials emphasized that if Congress fails to act and work permits begin to expire, dreamers will not be high priorities for deportations — but they would be issued notices to appear at immigration court if they are encountered by federal immigration officers.

There are no plans for DHS to share personal information, including home addresses, of dreamers who registered for work permits with enforcement officers unless there is an immediate concern over national security, the officials said.

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.