CBP Releases Memo on the Implementation of DACA
CBP memo concerning the exercise of prosecutorial discretion with respect to individuals who came to the U.S. as children.
Please check attached document to read CBP Memo.
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USCIS to Accept H-1B Petitions for Fiscal Year 2014 on April 1, 2013
U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
CBP Announces Automation of Form I-94 Arrival/Departure Record
U.S. Customs and Border Protection (CBP) today published an interim final rule in the Federal Register to automate Form I-94, Arrival/Departure Record. Form I-94 provides nonimmigrants evidence that they have been lawfully admitted to the United States.
Guestbook Entry for Shoba Marudur, United States
Name
Shoba Marudur
Country
United States
State
Georgia (GA)
SEVP deploys new class of field representatives to work with US schools hosting international students
WASHINGTON — The Student and Exchange Visitor Program (SEVP) deployed 14 additional field representatives to territories across the country this week. The field representatives serve as liaisons between the nearly 9,000 U.S. schools that enroll international students and SEVP. The program, housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), certifies schools to enroll international students and protects national security by overseeing those students for compliance with U.S. laws.
DHS Announces Temporary Protected Status Designations for Liberia, Guinea, and Sierra Leone
WASHINGTON— Due to the outbreak of Ebola virus disease in West Africa, Secretary of Homeland Security Jeh Johnson has announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months. As a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).
Free US Immigration Community Conference Call with Attorney Rajiv S. Khanna, 20 Nov 2014 (Every Other Thursday)
Substantial transcription for video
The following topics were discussed in today's community conference call. The video is attached below. Discussed: Abandonment of Green Card, OPT to H-1 change delay, immigration consequences of criminal conviction for misdemeanor (petty offense exception), N-470 to maintain residence, EB-2 filing, Investing in stocks while on H-1, delays and difficulty in entering the USA -- TRIP, H-4 visa stamping, getting married to a US Citizen while on H-1, marriage certificate, immigration reform, CSPA, Cross chargeability, Unpaid leave on H-1, H-1 visa stamping, NOIR for multiple H-1 filing through related companies, frequency of visits on B visa, employment verification letters in PERM.
Executive Actions on Immigration - USCIS
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
Obama's Immigration Action, Discussion with Attorney Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
Guestbook Entry for Krithika, United States
Name
Krithika
Country
United States
State
California
DOL to Support Of Victims of Human Trafficking and Other Crimes Seeking Immigration Relief
In early 2015, the Wage and Hour Division (WHD) of the Department of Labor will begin exercising its authority to certify applications for trafficking victims seeking T visas. In addition, WHD will expand its existing U visa program by certifying such requests when it detects three additional qualifying criminal activities in the course of its workplace investigations: extortion, forced labor, and fraud in foreign labor contracting.
USCIS Reminder on E-Verify Record Disposal
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Have you been using E-Verify more than 10 years?
If yes, please download the new “Historic Records Report” before Dec 31, 2014.
Effective January 1, 2015, E-Verify transaction records more than 10 years old will be deleted from the system. You will no longer have access in E-Verify to cases you created prior to December 31, 2004.
Guestbook Entry for Maria Victoria, Teacher at Sallie B. Howard School, United States
Name
Maria Victoria, Teacher at Sallie B. Howard School
Country
United States
State
VA
Guestbook Entry for Yvette Wright, United States
Name
Yvette Wright
Country
United States
State
VA
H-1 Quota, Not just 1 April, but upto 5 April and it may last a lot longer
Some folks are predicting that H-1 quota may last a lot longer than just April.
Remember also, if there is a lottery, ALL cases received by and including 5 April will be included in the lottery. As the regulation 8 CFR 214.2(h)(8)(ii)(B) states:
Green Card Through Consular processing - Experience of a Community Member
My I-140 was filed in February 2004. The National Visa Centre, in its letter dated 24th June 2010, informed that they had completed processing of my petition seeking immigration to the USA and had forwarded it to the American Embassy/Consulate at New Delhi. I was informed that an immigrant visa interview had been scheduled at the US Consulate, New Delhi on the 9th of August, 2010 at 10.45 am.
USCIS To Start Receiving H-1 on 1 April 2013. Quota may be over by April 5th.
Premium Processing for Cap-Subject H-1B Petitions to Begin April 15, 2013
Released: March 15, 2013
WASHINGTON: U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
DHS Publishes Final Rule on Notices of Decisions and Documents Evidencing Lawful Status
On Oct. 29, 2014, the Department of Homeland Security published a final rule amending its regulations governing when USCIS will
- correspond with,
- issue a notice of decision to, or
- provide documents to
an applicant, petitioner, or requester, and/or an attorney of record or accredited representative.
Reminder for Temporary Protected Status Applicants and Re-registrants - USCIS
Applicants must submit biometrics if the applicant is applying or re-registering for Temporary Protected Status (TPS) and over 14 years old.
Form I-751 Workload Transfer From the Vermont Service Center to the California Service Center
USCIS recently began transferring some casework from the Vermont Service Center to the California Service Center to balance workloads. The affected casework includes:
How You Will Be Affected
If USCIS transferred your case, USCIS will send you a transfer notice. Your original receipt number will not change and the transfer will not delay the processing of your case. Please note:
Guestbook Entry for Louis Raja Arul Doss, United States
Name
Louis Raja Arul Doss
Country
United States
State
CA