November 20, 2014 - President Obama's Immigration Executive Actions
The Presidentís immigration executive actions were announced November 20, 2014. Details in the form of memoranda and regulations are still being finalized, and will be released when they become available. Known as the President's Immigration Accountability Executive Actions, the plan as described today includes:.
Deferred Action Benefiting Approximately 4.4 Million Undocumented Individuals.
Two deferred action initiatives will be rolled out that are estimated to benefit 4.4 million undocumented individuals: (1) Deferred Action for Parents (DAP): Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since January 1, 2010, and who pass background checks and pay back taxes; and (2) DACA Expansion: The age cap on DACA will be removed and the date when continuous presence must have started will be changed from June 15, 2007 to January 1, 2010. Both of these initiatives will provide deferred action for three years. The expanded DACA should be up and running in 90 days and deferred action for parents in 180 days. Note: no initiative specifically for parents of DACA recipients was included..
Many of the existing ICE memos on enforcement priorities and prosecutorial discretion will be replaced by a new memo with three priorities: (1) Suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, and persons apprehended on the border; (2) Persons convicted of serious or multiple misdemeanors and very recent border crossers (those who entered after January 1, 2014); and (3) Those who, after January 1, 2014, failed to leave under a removal order or returned after removal. The memo will contain strong language on the use of prosecutorial discretion. .
State and Local Enforcement.
The controversial Secure Communities program will be discontinued and replaced with a new initiative, the Priority Enforcement Program (PEP). Details are still forthcoming on what PEP will entail, but in certain circumstances, detainers may be replaced by requests for notification to ICE when a law enforcement entity is about to release an individual. .
Business Immigration Changes .
A number of business immigration improvements are to be announced. For example, certain investors will be eligible for parole into the U.S., or for parole-in-place, and national interest waivers could be available for entrepreneurs, researchers, inventors, and founders. Also, the term "same or similar" for AC-21 purposes will be clarified, L-1B guidance will be released, the H-4 EAD regulation will be finalized, and the length of time permitted on OPT for STEM graduates will be expanded. Additionally, the rulemaking process will be undertaken to modernize the PERM labor certification program and may include a harmless error provision. .
I-601A Waiver Expansion .
The I-601A provisional waiver will be expanded to include spouses and children of lawful permanent residents. An expansion and clarification of the definition of "extreme hardship" is also expected. .
Parole-in-place will be expanded to include families of individuals trying to enlist in the armed forces, as some branches of the military ban applicants who have undocumented family members. .
Timing of Filing for Adjustment of Status.
The ability of individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to file for adjustment of status will be advanced to permit them to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people. This will be done by regulation..
There will be a Presidential Memorandum directing the various immigration-related agencies to consider way to modernize the visa system, with a view to making optimal use of the numbers of visas available under law. Issues such as whether derivatives should be counted towards the visa quota and whether past unused visa numbers can be recaptured are expected to be included in this effort. .
November 10, 2014 - Change in Office of Foreign Labor Certification Leadership
The DOL Liaison Committee has learned that Office of Foreign Labor Certification Administrator Dr. William L. Carlson has been reassigned. Assuming the position of administrator is Bill Thompson, a long-time DOL official..
October 17, 2014 - H-1B Legacy records no longer available
On July 8, 2013, the National Archives and Records Administration (NARA) approved OFLC's revised retention schedule following a 30-day period of public notice and review. As part of its review and approval process, NARA determined employer applications for labor certification and supporting documentation, whether retained in paper and electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule. The OFLC-approved disposition schedule authorizes the retention of records for a period of 5 years following the date a final determination letter is issued or final action occurs, such as a withdrawn application, subject to an active investigation or litigation hold.
The records NARA identified as permanent records are the annual disclosure data files currently located on the FLC Data Center at http://www.flcdatacenter.com, as well as the quarterly disclosure data files and the OFLC Annual Reports located on the OFLC Performance page at http://www.foreignlaborcert.doleta.gov/performancedata.cfm.
Labor Condition Applications (LCA) retained in the LCA Online System are all beyond the retention period of 5 years from a date of final determination or final action. Therefore, effective October 17, 2014, the LCA Online System located at http://www.lca.doleta.gov has been decommissioned.
The OFLC will no longer respond to inquiries to search for records in response to FOIA requests, or provide information for requests for duplicate certifications for LCA applications processed in the LCA Online System, in keeping with the OFLC records schedule.
October 3, 2014 - Duplicate Biometrics Appointment Notices
Recently USCIS erroneously scheduled some customers for more than one Application Support Center (ASC) biometric appointment (Form I-797C).
If you have already attended an ASC biometric appointment, and received a second appointment notice from the same application type, please call the National Customer Service Center at 1-800-375-5283 to confirm that you do not need to return to the ASC to have biometrics collected again..
If you have not yet attended your ASC appointment and received more than one ASC appointment notice, you should attend just one appointment and take both ASC notices to that appointment..
We regret the inconvenience and thank you in advance for your patience as we address the issue.
September 24, 2014 - Diversity Immigrant Visa Program for Fiscal Year 2016
The U.S. Department of State has released instructions for the Fiscal Year 2016 Diversity Immigrant Visa Program, which include eligibility requirements, instructions for completing the electronic entry form, and FAQs. Entries must be submitted electronically between noon (EDT) on October 1, 2014, and noon (EST) on November 3, 2014. .
Please click for instructions .
June 25, 2014 - USCIS recently announced new policy changes regarding Form I-693, Report of Medical Examination and Vaccination Record
USCIS recently announced new policy changes regarding Form I-693, Report of Medical Examination and Vaccination Record. Starting June 1, 2014, USCIS limits the validity period for all Forms I-693 to one year from the date that USCIS receives the form. As outlined in policy alert PA-2014-005, this updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014..
If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:
Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see Direct Filing Addresses for form I-485).
Submit Form I-693 in person at an interview in a USCIS field office (if an interview is required).
To ensure that your medical examination is still valid at the time USCIS adjudicates your application, you should schedule the medical examination as close as possible to the time you file for adjustment of status, respond to a Request for Evidence, or attend an interview (if applicable).
For additional information, please visit www.uscis.gov/i-693 or see the USCIS Policy Manual Volume 8, Part B, Chapter 4.
June 4, 2014 - U.S. Consulates in Canada Temporarily Suspend Third Country National (TCN) Visa Processing for Summer
The U.S. Department of State (DOS) has informed the American Immigration Lawyers Association (AILA) on that, due to increasingly heavy demand by Canada-based visa applicants, the seven U.S. visa processing posts in Canada are extremely limited in their ability to accept TCN cases during the peak demand period of June, July, and August. Canadian posts encourage such applicants to seek appointments elsewhere in the world, such as in the applicantís home country. Canadian posts offer increased appointment availability for TCNs during non-peak processing times, such as October and November, and January through May. Emergency cases may seek consideration for scheduling an interview at a Canada post by visiting http://canada.usembassy.gov/.
April 28, 2014 - Business Community Dialogue with USCIS on Administrative Site Visit Program May 1, 2014 11:00 a.m. - 12:15 p.m.
The U.S. Chamber of Commerce is hosting a business community conversation with the Fraud Detection and National Security Directorate at U.S. Citizenship and Immigration Services. The agency conducts administrative site visits regarding about 15,000 H-1B petitions each year, and is now expanding to L-1 petitions as well. We will be having a dialogue with: Sarah Kendall, Associate Director, U.S. Citizenship and Immigration Services.
The agenda for the meeting is for the business community to explain concerns and make recommendations and hear USCIS views regarding:
(1) the scope of questions asked by FDNS auditors and the process utilized by FDNS auditors in scheduling site visits and following up with USCIS examiners
(2) the selection process for site visits and especially the multiple site visits experienced by many employers
(3) the need to protect commercially private information of the employer and personally identifying information of the employee during the site visit process
In addition, USCIS will provide further information regarding the new L-1 site visit program, following up from the public stakeholder phone call of April 24.
Please join us to provide feedback to USCIS regarding process and procedure for the administrative site visit and verification program and hear about the new expansion to L-1 site visits. In-person participation encouraged, but individuals will be able to listen in by phone.
This event is open to the public so feel free to share this invite with others (but note that the event is not open to the press.
If you would like to listen in by phone register here. (You provide your name and organization name, and then will be provided a confirmation number and call-in information
In order to comply with lobby security in the U.S. Chamber building, if you are attending in person you must rsvp to David Alim Email and provide your name and organization. If attending in person come to: U.S. Chamber of Commerce, 1615 H Street, NW, Washington, DC (Briefing Center).
April 16, 2014 - USCIS Stakeholder Teleconference
U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder
teleconference on Thursday, April 24, 2014, from 2 p.m. to 3:30 p.m. (Eastern) to discuss the
extension of the Administrative Site Visit and Verification Program (ASVVP) to L1 visas.
USCIS news release
April 10, 2014 - USCIS Reaches FY 2015 H-1B Cap
USCIS announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.
USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and 20,000 cap under the advanced degree exemption. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.
USCIS news release
USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014