USCIS Planning Revisions to B Visa Program Rules

On May 30, 2018, the Director of the United States Citizenship and Immigration Services (USCIS), Lee Francis Cissna, sent a letter about future rulemaking regarding the B visa program to Paul Mitchell, the U.S. Representative for Michigan's 10th Congressional District. Congressman Mitchell had, on May 16, hosted a roundtable to discuss B1 visa abuse. You may read Director Cissna's letter here: [PDF version].

Director Cissna informed Congressman Mitchell and several members of his Congressional subcommittee that the USCIS is focusing on many issues involving the B visa program. He referred to the Spring 2018 Unified Agenda for the Department of Homeland Security (DHS), which discussed “a proposed regulation pertaining to nonimmigrants admitted to the United States as temporary visitors for business (B1) or pleasure (B2).” He explained that the proposed regulatory changes “will clarify the criteria for according B1 or B2 nonimmigrant classification to applicants for admission to the United States.” Furthermore, the rule making process constitutes a priority for the DHS and the USCIS.

Director Cissna added that the USCIS, in consultation with other immigration components of the DHS and the U.S. Department of State (DOS), is “reviewing existing policy with respect to B1 in lieu of H1 [and] B1 in lieu of H3.” (Internal quotation marks omitted.) These B visa program issues were a specific focus of the roundtable.

More individuals enter the United States as nonimmigrant visitors — whether through the B1 or B2 categories or through the Visa Waiver Program — than do individuals under any other nonimmigrant visa category. Accordingly, any changes to the B1 and B2 visa criteria would potentially affect a great number of nonimmigrant visitors to the United States. We will post updates to the website when the USCIS formally publishes its proposed rule(s) on the issue. To learn about the B1 and B2 nonimmigrant visitor categories and the Visa Waiver Program, please see our website's growing section on Travel Visas [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

ICE to Temporarily Transfer 1600 Immigration Detainees to Federal Prisons

On June 7, 2018, Reuters reported that the U.S. Immigration and Customs Enforcement (ICE) is planning to transfer 1,600 immigration detainees to federal prisons [PDF version].[1]

ICE informed Reuters that these 1,600 immigration detainees will be transferred to five federal prisons on a temporary basis. The transferees will be those “awaiting civil immigration court hearings…” One federal prison, located in Victorville, California, is expected to house 1,000. Other prisons that are expected to receive, or have already begun receiving, immigration detainees, are located in Washington (state), Oregon, Arizona, and Texas.

The move comes as the result of an agreement between ICE and the U.S. Department of Justice (DOJ), which has jurisdiction over the Federal Bureau of Prisons.

Being transferred to a federal prison instead of a regular immigration detention facility does not bear on an individual's immigration situation. Such an individual who is facing immigration proceedings will still face such proceedings. Any individual who is placed in immigration detention should seek the counsel of an experienced immigration attorney immediately for a case-specific consultation and guidance, including on whether he or she may be eligible for release on bond.

We will continue to update the website with more information on this immigration detention story as such information becomes available.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Cooke, Kristina and Sarah N. Lynch. “Exclusive: U.S. sending 1,600 immigration detainees to federal prisons.” Reuters. Jun. 7, 2018. https://www.reuters.com/article/us-usa-immigration-prisons-exclusive/exclusive-u-s-immigration-authorities-sending-1600-detainees-to-federal-prisons-idUSKCN1J32W1

Lawyer website: http://myattorneyusa.com

Three New Immigration Judges for Adelanto, Harlingen, and San Francisco Immigration Courts

On June 8, 2018, the Executive Office for Immigration Review (EOIR) announced the swearing in of three new immigration judges on that same day [PDF version]. The three new immigration judges were appointed by Attorney General Jeff Sessions. In this post, we will list the new immigration judges, the immigration courts on which they now serve, and biographical information about each of the new judges with reference to the EOIR news release. Please see our previous posts on new immigration judges [see index].

Immigration Judge Maria N. Bjornerud, Adelanto Immigration Court

Judge Bjornerud began hearing cases at the Adelanto Immigration Court in June 2018. Prior to her service on the Adelanto Immigration Court, Judge Bjornerud was an attorney for the U.S. Immigration and Customs Enforcement (ICE) from 2006-2018. Judge Bjornerud has a law degree from the University of Mississippi School of Law and a baccalaureate degree from Moscow Pedagogical University.

Immigration Judge Sean D. Clancy, Harlingen Immigration Court

Judge Clancy began hearing cases at the Harlingen Immigration Court in June 2018. Prior to his service on the Harlingen Immigration Court, Judge Clancy served in various legal capacities for the government in the immigration context. From 2002-2003, he was an attorney for the former Immigration and Naturalization Service (INS). From 2003-2013, he worked as an attorney for the ICE office in Harlingen, Texas. From 2013-2018, he was an attorney for the United States Citizenship and Immigration Services (USCIS). Judge Clancy also served as an assistant attorney general for Tennessee from 1998 to 2002 and as a special assistant U.S. attorney for the Department of Justice (DOJ) in Brownsville, Texas, from 2010 to 2013. Judge Clancy has a law degree from Washington and Lee University.

Immigration Judge Jacqueline J. Jackson, San Francisco Immigration Court

Judge Jackson began hearing cases at the San Francisco Immigration Court in June 2018. Judge Jackson had extensive experience as both a lawyer for various immigration components of the government and in the military prior to beginning service on the San Francisco Immigration Court. While on active duty military service, Judge Jackson served as a military lawyer in various capacities from 1990 to 1997. From 1997 to 1999, she was an assistant U.S. attorney in San Diego. Since that time, she has worked for the government in immigration contexts. From 2000 to 2006, Judge Jackson was an attorney for the U.S. Customs and Border Protection (CBP) in San Francisco. Then, from 2006 to 2018, Judge Jackson was a senior attorney with ICE. She has a law degree from UCLA School of Law and also has a Master of Strategic Studies degree from the U.S. Army War College.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Temporary Delay in Receipt Notice Delivery for Form I-751 Petitions filed at California Service Center

On June 13, 2018, the United States Citizenship and Immigration Services (USCIS) stated that its “California Service Center is experiencing a delay in initial data entry for Form I-751, Petition to Remove Conditions on Residence” [PDF version].

As a result of the delay, Form I-751 petitioners who filed their petitions with the California Service Center “may experience a delay in receiving a receipt notice for a Form I-751…”

The USCIS instructed petitioners who filed a Form I-751 with the California Service Center in May 2018 and who have not yet received receipt notices to not file a duplicate Form I-751 unless they “have received a rejection notice or have been instructed to do so by the [California Service Center].”

The USCIS explained that the California Service Center is working to resolve the issue and is targeting completing data entry of the Form I-751 petitions in questions “by the end of June 2018…” The USCIS will publish a web alert once the initial data entry for Form I-751 petitions returns to normal.

Petitioners will receive receipt notices once their Form I-751 data is entered into USCIS. The USCIS expects that petitioners will receive these receipt notices by early July.

Petitioners whose two-year Permanent Resident Cards have expired “may schedule an INFOPASS appointment for [them] and any eligible dependents at [their] local field office.” If possible, the USCIS asks a petitioner to “bring evidence that [he or she] sent [his or her] Form I-751 via USPS or courier service, such as FedEx.”

The Form I-751 is the form used by conditional permanent residents who obtained status as the beneficiary of a marriage-based immigrant visa petition to remove conditions on their permanent resident status. Please see our recent article on the USCIS's announcement about new receipt notices for Form I-751 petitioners to reflect changes in the length of time that status is continued beyond the expiration of the petitioner's Permanent Resident Card upon the filing of the petition [see article]. Please see our growing selection of articles on the Removal of Conditions [see category] and Family Immigration [see category] to learn more about issues related to the Form I-751.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS to Return Unselected FY 2019 H1B Cap-Subject Petitions

On May 15, 2018, the United States Citizenship and Immigration Services (USCIS) stated that it completed data entry for all fiscal year 2019 H1B cap-subject petitions that were selected through the H1B lottery [PDF version].

The USCIS will now begin returning all H1B cap-subject petitions that were not selected in the fiscal year fiscal year 2019 H1B lottery. Due to the large number of H1B petitions that were filed for fiscal year 2019, the USCIS stated that it cannot provide a “definitive time frame” for the return of unselected petitions. Accordingly, the USCIS asked petitioners to not send inquiries about the status of their unselected H1B petitions until they receive a receipt notice or until the unselected petition is returned. Once the USCIS returns all unselected H1B petitions, it will issue an announcement.

Finally, the USCIS stated that it may transfer some of its cap-subject H1B petitions between the Vermont Service Center and the California Service Center in order “to balance the distribution of cap cases.” Petitioners whose Form I-129 H1B cap-subject petitions are transferred will receive notification of the transfer in the mail, and they should subsequently send all correspondence to the USCIS service center handling the petition. We discuss USCIS workload transfers in a full article on site [see article].

We have previously discussed the completion of the fiscal year 2019 H1B lottery on site [see blog]. Please note that premium processing for all H1B petitions subject to the fiscal year 2019 cap remains temporarily suspended [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Stops Issuing Paper Versions of Form G-845 Under SAVE Program

On June 1, 2018, benefit-granting agencies of the United States Citizenship and Immigration Services (USCIS) that use the Systematic Alien Verification for Entitlements (SAVE) Program ceased submitting paper versions of the Form G-845, Verification Request [PDF version]. Prior to June 1, 2018, agencies using the SAVE Program “submitted paper forms to request immigration status verification and for additional verification requests.” The USCIS stated that its decision to abolish paper requests for verification under the SAVE Program will “drastically reduce[] processing time.”

To learn more about the SAVE Program and using SAVE CaseCheck, please see our full article on the subject [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Announces Sentencing in CW1 Visa Petition Fraud Case

On May 24, 2018, the United States Citizenship and Immigration Services (USCIS) published a news release discussing its efforts in the investigation of an immigration fraud case involving Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW1) visa petitions [PDF version]. These efforts led to the successful prosecution of the leader of the scheme.

Arlene Hart was sentenced for two counts of mail fraud in connection with “her participation in a scheme to defraud the government by submitting fraudulent documents to the USCIS California Service Center … in support of … CW1 applications for workers from the Philippines.” As part of her scheme, Hart forged the signatures of workers on the employment contracts that she submitted to the USCIS. Additionally, she falsely claimed that she had non-temporary, full-time employment for the workers.

Hart was sentenced to eight months in prison as a result of the conviction. She was also sentenced to “four months of home confinement, one year of supervised release after incarceration, and 50 hours of community service.”

The CW1 visa program is a special program for certain nonimmigrants in the Northern Mariana Islands only. The program is gradually being wound down. To see some of our recent updates on the CW1 program, please see our blog post on the conclusion of the FY-2019 CW1 lottery [see blog].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

DHS Releases Citizenship and Assimilation Grant Program Fact Sheet

In September 2017, the Department of Homeland Security (DHS) released an interesting fact sheet on its Citizenship and Assimilation Grant Program [PDF version]. The Fact Sheet “provides information on the characteristics of and resulting outcomes for individuals who received citizenship preparation services during fiscal year 2014…” In this post, we will briefly examine some of the interesting points from the Fact Sheet.

Under the Citizenship and Assimilation Grant Program (CAGP), the DHS explains that its United States Citizenship and Immigration Services (USCIS) “provided citizenship preparation services … to over 138,000 Lawful Permanent Residents (LPRs) in the District of Columbia and 35 states across the United States” during the period of fiscal years 2009-2015. The Fact Sheet includes statistics on those who received services in fiscal year 2014, which amounts to 17,465 individuals. You may see the most recently updated USCIS page on the program (September 28, 2017) here: [PDF version].

Statistics About Participants

The CAGP Fact Sheet provided the following statistics about program statistics during the sample period:

• Over two-thirds were 25 to 54 years of age;
• The average age was 45;
• 60.2 percent of participants were female;
• 64.2 percent of participants were married;
• 20.3 percent of participants were unemployed;
• 15.5 percent of participants were homemakers;
• 14.8 percent of participants who were employed were in construction occupations; and
• 14.3 percent of participants who were employed were in service occupations.

The top five countries for CAGP participants were as follows (percentages represent percent of total CAGP participants):

1. Mexico (21.3 percent);
2. Iraq (8.6 percent);
3. Dominican Republic (6.7 percent);
4. El Salvador (4.0 percent); and
5. Colombia (3.7 percent).

33.7 percent of the CAGP participants were admitted to the United States as immediate relatives, while 19.4 percent were admitted under the family-sponsored preference categories. 27.7 percent of participants were admitted as refugees or asylees.

On average, CAGP participants spent 10.5 years in LPR status prior to becoming U.S. citizens.

What CAGP Provided

CAGP allowed participants to access citizenship instruction services and naturalization instruction services, depending on need. 55 percent of participants used only the naturalization application services and 28 percent used only the citizenship instruction services. 17 percent of CAGP participants used both services.

In limited cases, a naturalization applicant may qualify for an exception to the English proficiency or civics portions of the naturalization test, or both. The CAGP Fact Sheet reports that about 1 in 7 participants were exempted from one or both tests, with 74 percent of those receiving the exemption from the English proficiency portion of the naturalization test.

Outcomes

The CAGP Fact Sheet provided the following statistics on outcomes for CAGP participants during the sample period:

• About 80 percent of CAGP participants submitted the Form N-400, Application for Naturalization, during the study period;
• About 91 percent of CAGP participants took the naturalization test (including those who were exempted from one or both portions of the test);
• 84 percent of CAGP participants who took the naturalization test took it only once, while 16 percent of the applicants who took the naturalization test took it more than once;
• 92 percent of CAGP participants who took the naturalization test passed (97.8 percent for participants aged 18-24 and 84.3 percent for participants 65 and over);
• 67 percent of fiscal year 2014 CAGP participants became naturalized citizens within the study period;
• 93 percent of all CAGP participants who took the naturalization test were successfully naturalized.

As of September 30, 2016, the naturalization test pass rate for all applicants who took the test since October 1, 2009, was 91 percent, making it comparable to the results achieved for CAGP participants [PDF version].

Conclusion

The USCIS's detained Citizenship and Assimilation Grant Program participants provide an interesting window into the program. Those seeking naturalization in the United States are well advised, where possible, to consult with an experienced immigration attorney for case-specific guidance throughout the entire process. An attorney will be able to assist his or her clients in finding resources to prepare for naturalization, such as the exam. We provide detailed information about the rules and requirements for naturalization in our website's full section on the subject [see category]. Furthermore, we provide a comprehensive overview of the current edition of the Form N-400 in a full article [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Addresses Processing Errors in Biometric Services Appoint Notices Issued With Certain Form I-751 Petitions

On May 23, 2018, the United States Citizenship and Immigration Services (USCIS) released important information about processing errors involving biometric services appointment notices associated with Form I-751, Petition to Remove Conditions on Residence applications [PDF version].

On May 4, 2018, the “USCIS mailed a number of biometric services appointment notices with incorrect Application Support Center (ASC) locations to petitioners who filed Form I-751, Petition to Remove Conditions on Residence.”

The USCIS explained that all of the affected notices have the following features:

• Date of 05/04/2018;
• Case type of “I-751 — PETITION TO REMOVE CONDITIONS ON RESIDENCE.”; and
• Instruction to petitioners to appear for their biometric services appointments starting the week of May 21, 2018, at ASCs located out of the normal geographic area.

On June 8, 2018, the USCIS will mail new biometric services appointment notices to Form I-751 petitioners who (1) received an incorrect notice and who (2) did not reschedule their appointment or did not appear as a walk-in at the closest ASC to their location.

The USCIS made clear that Form I-751 petitioners who received an incorrect notice do not need to travel out of the normal area to attend their biometric services appointment. The USCIS stated that these Form I-751 petitioners have two options.

1. The Form I-751 petitioner may wait until he or she receives a new biometric services appointment notice with the correct ASC and new appointment date. A petitioner using this option may check to confirm when the USCIS has sent a new appointment notice by using the USCIS website's Case Status Online feature.
2. The Form I-751 petitioner may go to his or her closest ASC as a walk-in. The USCIS cautions that a petitioner using this option “may experience a long wait time and may not be seen that day.” A petitioner may use the ASC locator on the USCIS website to find his or her closest ASC.

Conclusion

The Form I-751 is for petitioning for removal of conditions on permanent resident status obtained through marriage to a U.S. citizen or lawful permanent resident (LPR). Those seeking to remove the conditions on their lawful permanent resident status should consult with an experienced immigration attorney throughout the process. We address this and related issues in our website sections on Family Immigration [see category] and Removal of Conditions [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

DHS to Propose Eliminating International Entrepreneur Rule

On May 25, 2018, the United States Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is proposing a rule to end the International Entrepreneur Rule [PDF version].

The final version International Entrepreneur Rule was published in the Federal Register (FR) at 82 FR 5238 (Jan. 17, 2017) [PDF version]. The rule allowed for certain individuals to seek immigration parole to develop and build start-up businesses in the United States. The final rule was slated to take effect on July 17, 2017. Notably, it was published three days before President Donald Trump took office.

On July 11, 2017, the DHS published a rule delaying the effective date of the International Entrepreneur Rule in advance of its drafting a new final rule to rescind it at 82 FR 31867 [PDF version]. The delay rule cited to President Trump's January 25, 2017 Executive Order published at 82 FR 8793 [see article], wherein President Trump directed the DHS Secretary to “take appropriate action to ensure that parole authority under section 212(d)(5) of the INA … is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole” [see section]. We discussed the delay of the International Entrepreneur Rule in a separate post [see article].

However, on December 11, 2017, Judge James E. Boasberg of the United States District Court for the District of Columbia issued an order vacating the July delay rule and instructing the DHS to allow the International Entrepreneur Rule to go into effect. Judge Boasberg issued his order on procedural grounds, and acknowledged that the DHS could subsequently move to end the International Entrepreneur Rule in a process that remedied the procedural deficiencies of the delay rule. The DHS complied with the order, creating an application process for the International Entrepreneur Rule and providing instructions on the USCIS website, all the while restating its intention to end the rule in the near future [see article].

In its notice regarding the impending publication of its impending proposal to eliminate the International Entrepreneur Rule, the DHS stated that the proposal will be based on the following grounds:

• The International Entrepreneur Rule represents an overly broad interpretation of the DHS's parole authority;
• The rule lacks sufficient protections for U.S. workers and investors; and
• The rule is not the appropriate vehicle for attracting and retaining international entrepreneurs.

Regarding the first point, the DHS refers in part to President Trump's January 25, 2017 Executive Order directing the DHS to only exercise its parole authority on a case-by-case basis, eschewing broader parole programs. Specifically, the DHS stated that “the [International Entrepreneur] Final Rule created a complex and highly-structured program that was best established by the legislative process rather than relying on an unorthodox use of the Secretary's authority to 'temporarily' parole, in a categorical way, aliens based on 'significant public benefit.'”

In its news release, the DHS explains that there are already existing visa categories that cover entrepreneurs: Notably, the nonimmigrant E2 treaty investor category and the EB5 immigrant investor category. We discuss these categories in our sections on Investment Immigration [see category] and Work Visas [see category].

We will update the website with more information on the DHS's move to eliminate the International Entrepreneur Rule as such information becomes available. Those who may be directly affected by the decision should consult with an experienced immigration attorney for case-specific guidance.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Uncertain Future For Northern Mariana Islands-Only CW1 Visa Program

On April 3, 2018, Sophia Yan of the Associated Press published an interesting report on the future of the Commonwealth of the Northern Mariana Islands-Only (CW1) Transitional Worker visa program.[1]

The CW1 visa program is a special temporary nonimmigrant work visa program that applies only to the Northern Mariana Islands. It is available to certain nonimmigrant workers who are not eligible for one of the regular nonimmigrant categories. The program is gradually being phased out, with a slated expiration at the end of 2019, as the Northern Mariana Islands continues its full transition to the same immigration laws that govern the rest of the United States. We have discussed the impending expiration of the CW1 program in several posts, including here [see blog].

Despite the impending expiration of the CW1 program, which has been long known, the program remains popular with many Northern Mariana Islands employers. For example, the AP report notes that CW1 workers “fill[] 80 percent of all construction and hospitality jobs” on the islands. For this reason, some fear that the reduction in CW1 visas in fiscal year 2019 [see blog] and the impending expiration of the program will cause a labor shortage for many CW1-dependent industries. The AP report explains that this was originally due to the fact that employers could pay CW1 workers at well below the Federal minimum wage; however, that benefit is being abrogated by the gradual raising of the minimum wage in the Northern Mariana Islands to match the Federal level.

On April 27, 2017, the Government Accountability Office (GAO) estimated that if all CW1 workers had been removed from the labor market of the Northern Mariana Islands in 2015, the Islands would have faced “a 26 to 62 percent reduction in … [its] 2015 gross domestic product…” [PDF version]. The GAO report suggested that, in order to make up for the elimination of the program at the end of 2019, employers in the Northern Mariana Islands “may need to recruit U.S. eligible workers from the U.S. states, U.S. territories, and the freely associated states…” However, Bruce Mailman, an attorney in the Northern Mariana Islands, is quoted by the AP as stating that it is difficult for employers to entice workers from the United States mainland to work in the Northern Mariana Islands due to the lower pay and its great distance from the continental United States.

There are efforts to save the CW1 program in Congress. Gregoria Sabian, the Northern Mariana Islands' non-voting delegate to the U.S. House of Representatives, has warned of the potential damage that the expiration of the CW1 program could do to the economy of the Northern Mariana Islands. Senator Lisa Murkowski of Alaska has proposed legislation to extend the CW1 program for an additional decade, while both increasing the number of CW1 visas and increasing vetting and oversight of the program. Interestingly, the AP story explains that concerns about the integrity of the program may ultimately thwart efforts to extend it. The CW1 program has been prone to fraud. We discussed one specific CW1 fraud scheme in a recent blog post [see blog]. The report notes several other examples of fraud, including Chinese companies reaching a $14 million dollar settlement with U.S. labor authorities for exploiting a visa waiver loophole and multiple convictions in a scheme to defraud foreigners “by promising them U.S. jobs and green cards in exchange for cash.”

It remains unclear whether the CW1 program will be extended. In the meantime, some companies are making contingency plans. One available option may be to attempt to file H1B or H2B petitions for qualifying workers and positions that may now be CW1, a path being undertaken by Hong Electric Enterprises, which is quoted in the article as stating: “We cannot afford to lose key personnel.” Notably, Guam and the Northern Mariana Islands are exempt from the H1B cap and H2B cap until December 31, 2019, due to the labor shortages on the islands [PDF version]. However, a job offer and worker must otherwise meet the H1B and H2B requirements, which differ from the CW1 requirements.

Although the CW1 program is limited, it has reached a significant number of nonimmigrants even relative to the many better-known and more broadly-applicable nonimmigrant visa programs. The decision whether to extend it or allow it to expire will not only affect many businesses in the Northern Mariana Islands but also the many individuals who have been working for many years under the program. The issue will be well worth watching going forward both for that point and for monitoring the Northern Mariana Islands' transition to regular U.S. immigration laws. Businesses and CW1 beneficiaries should consult with an experienced immigration attorney for case-specific guidance on their specific situations, alternative options, and new developments regarding the CW1 program.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Yan, Sophia. “Labor abuses muddy future of Saipan work visa program.” The Washington Times. Apr. 3, 2018. https://www.washingtontimes.com/news/2018/apr/3/string-of-abuses-clouds-future-of-saipan-visa-prog/

Lawyer website: http://myattorneyusa.com

USCIS Implements Online Filing for FOIA Requests

On May 30, 2018, the United States Citizenship and Immigration Services published an important news alert titled “USCIS to Implement Online Processing of FOIA Requests” [PDF version].

The USCIS announced the launch of its Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST). FIRST “will eventually allow users to manage, and receive FOIA requests entirely online.” Prior to the launch of FIRST, the USCIS only accepted FOIA requests that were sent by mail, fax, and email. Furthermore, the USCIS sent documents on a compact disc by mail.

However, FIRST will launch in stages. At launch, “requestors who have an immigration court date pending and a file request for documents can create an account within myUSCIS to receive documents digitally…” Requestors will be able to track the status of their FOIA cases through their accounts. The USCIS will provide notification to users online when it updates their records.

Over the coming months, USCIS will add functions to FIRST. Notably, it will expand the digital delivery option “to all FOIA and Privacy Act (PA) requestors.” When FIRST is fully implemented, “requesters will be able to use a completely digital FOIA/PA system, from online submission to retrieving and downloading responsive documents.” The USCIS will post news alerts as it implements new features for the FIRST system.

The implementation of the FIRST system comes on the heels of the USCIS's December 2017 expansion of documents viewable in its Electronic Reading Room, accessible from the USCIS website. The Electronic Reading Room now includes cleared policy documents and external correspondence addressed to USCIS leadership, along with replies. Furthermore, it includes “information that has been requested at least three times and had been provided under FOIA.”

The USCIS's move to make filing and tracking FOIA requests easier is welcome news for stakeholders. In dealing with complex immigration matters, an individual should work closely with an experienced immigration attorney, who will be able to assess his or her case and move to procure the information necessary to vigorously represent the client.

We will update the site with more information on the implementation of the FIRST system as it becomes available.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Conviction in Identity Theft and Immigration Fraud Case

On May 31, 2018, the United States Citizenship and Immigration Services (USCIS) released a news alert about a conviction involving immigration fraud and identity theft [PDF version].

Franklin J. Flores, 42 years of age, was sentenced to two concurrent terms of 24 months' imprisonment in Federal court after pleading guilty to “one count of being a felon in possession of a firearm and ammunition, and one count of falsely attesting U.S. Citizenship on a Form I-130 Petition for Alien Relative and submitting that form to the Department of Homeland Security, U.S. Citizenship and Immigration Services with the intent to obtain benefit for another person.”

The investigation was triggered when a man in New Mexico reported that Flores had stolen his identity. The news alert explains that Flores assumed the identity of the New Mexico man, a U.S. citizen, in order to file a Form I-130 on behalf of his wife under the pretense that she was the immediate relative spouse of a U.S. citizen. During sentencing, U.S. District Judge Janet T. Neff stated that Flores' actions were some of the most egregious she had seen on the bench.

Flories' identity theft and immigration fraud were serious crimes and, as Judge Neff noted, particularly egregious. Beyond his immigration fraud, Flores' identity theft caused great harm to an unrelated individual. The case provides another example that immigration fraud can lead to severe criminal consequences in certain cases.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

DOJ Adds 35 AUSA Positions for Prosecuting Immigration Crimes

On June 4, 2018, the U.S. Department of Justice (DOJ) released a news alert titled “On the 500th Day of the Trump Administration, Attorney General Sessions Announces 311 New Assistant United States Attorney Positions” [PDF version].

As the title of the news release indicates, the DOJ is allocating 311 new Assistant U.S. Attorneys (AUSAs) to assist in three priority areas: violent crime, civil enforcement, and immigration crimes. 35 of the new AUSA positions will be dedicated to immigration crime. The DOJ had earlier announced on May 2, 2018, that it had allocated 35 new AUSA positions to assist in immigration crime prosecutions along the Southwest border [see blog].

The DOJ listed the U.S. Attorney's Offices that will be receiving new AUSA positions, including those specifically reserved for immigration crimes [PDF version]. Unlike the May 2018 announcement, the June 4 announcement will allocate AUSAs for immigration crimes at U.S. Attorney's offices across the United States. Notably, the four U.S. Attorney's Offices in New York will receive an additional five AUSA positions dedicated to immigration prosecutions, more than any other state.

The DOJ's decision to allocate 35 new immigration crimes prosecutors to U.S. Attorney's Offices around the country reflects the emphasis of Attorney General Sessions on prosecuting immigration crime. We noted in a previous post the DOJ's decision to implement a “zero tolerance policy” for illegal entry and re-entry offenses [see article]. We will continue to update the site with information on the DOJ's policies relating to criminal prosecution of immigration-related offenses as it becomes available.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Re-Registration for Nepal TPS Now Open

On May 22, 2018, the United States Citizenship and Immigration Services (USCIS) published a Federal Register (FR) notice titled “Termination of the Designation of Nepal for Temporary Protected Status” [PDF version]. The USCIS also released a news alert about the FR notice [PDF version]. We discussed the Department of Homeland Security's (DHS's) decision to terminate Temporary Protected Status (TPS) for Nepal in a previous post [see article].

TPS for Nepal was slated to expire on June 24, 2018, with the DHS's decision to terminate its TPS designation. However, in order to ensure an orderly transition for Nepal TPS beneficiaries, Secretary of Homeland Security Kirstjen Nielsen delayed the effective date of the termination of Nepal TPS until June 24, 2019. Thus, current Nepal TPS beneficiaries will be able to re-register for TPS benefits, in accordance with the provisions of the FR notice, from the period beginning with May 22, 2018, and ending with June 23, 2018. In this article, we will briefly overview the re-registration rules and procedures for Nepal TPS.

Re-Registering for Nepal TPS

Only persons who have previously registered for TPS under the TPS designation for Nepal and whose TPS applications have been granted are eligible to re-register for Nepal TPS.

All individuals seeking to re-register for Nepal TPS must submit the Form I-821, Application for Temporary Protected Status, in accordance with the form filing instructions. Applicants may also have to submit the corresponding Biometric Services Fee. Current TPS-related Employment Authorization Documents (EADs) for Nepal TPS will expire on June 24, 2018. In order to seek a new EAD, a re-registrant will have to file the Form I-765, Application for Employment Authorization, with fee, along with his or her application. Those who are not applying for new EADs need not file the Form I-765, with or without fee. Applicants may also opt to file the Form I-765 at a later date than the Form I-821.

Those who are unable to pay the application and/or biometric services fee may request a fee waiver. This may be done with the Form I-912, Request for Fee Waiver, or by submission of a personal letter requesting the fee waiver and with adequate supporting documentation. We explain the rules for fee waivers in a separate article [see article]. The USCIS advises all re-registration applicants to file as soon as possible. However, this is especially important for those seeking fee waivers. In the event that a fee waiver request is denied, the applicant will be able to re-file his or her application with the requisite fees. The USCIS will consider whether applicants who file after the deadline establish “good cause” for having done so. The USCIS, in any case, encourages applicants whose fee waiver applications are denied to refile within 45 days of the fee waiver denial notice, if possible.

Regarding employment authorization, the FR notice automatically extends existing Nepal TPS-related EADs by 180 days, through December 21, 2018. However, an individual on Nepal TPS who wants to maintain his or her TPS must still re-register in accordance with the provisions of the FR notice. Nepal TPS beneficiaries may show their employers their facially expired EADs in conjunction with the FR notice to establish employment authorization eligibility starting on June 25, 2018.

Conclusion

Those who are re-registering for Nepal TPS benefits should begin determining how they will proceed. Those who have a separate basis for legally remaining in the United States other than TPS should ensure that they will maintain such status beyond the termination of the TPS designation for Nepal on June 24, 2019. Those whose only basis for remaining in the United States is Nepal TPS should consult with an experienced immigration attorney for guidance on whether they may have an alternate path to legal status in the United States or should begin preparing to depart the United States in advance of the impending expiration.

To learn about TPS generally, please see our overview of the subject [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

DHS Makes Available 15,000 Additional H2B Visas For FY-2018

On May 25, 2018, Secretary of Homeland Security Kirstjen Nielsen announced that the DHS will make available an additional 15,000 H2B temporary nonagricultural visas for the duration of fiscal year 2018 [PDF version]. These 15,000 H2B visas will be added in addition to the 66,000 H2B visas that have already been issued in fiscal year 2018. The United States Citizenship and Immigration Services (USCIS) had determined that it had received enough H2B petitions to meet the full fiscal year 2018 statutory cap by February 27, 2018.

In the fiscal year 2018 omnibus spending bill, Congress gave DHS the authority to authorize up to 66,000 additional H2B visas. The same situation adhered in fiscal year 2017. After consultation with Secretary of Labor Alexander Acosta, Secretary Nielsen determined that making available an additional 15,000 H2B visas would satisfy the needs of American businesses. On July 19, 2017, former Secretary of Homeland Security John Kelly authorized the exact same number of additional H2B visas under the identical statutory provision for the fiscal year 2017 cap, which we discussed on site [see article]. Interestingly, only about 13,500 of the 15,000 additional H2B visas made available in fiscal year 2017 were actually claimed.[1] Similarly to former Secretary Kelly a year ago, Secretary Nielsen criticized Congress for “pass[ing] the buck” to the DHS and turning over a decision “that would be better situated with Congress, who knows the needs of the program.”

The news release states that eligible H2B petitioners will be able to begin filing Form I-129, Petition for a Nonimmigrant Worker petitions for H2B classification this week, beginning on May 29, 2018. H2B petitioners will be required to submit a supplemental attestation on the Form ETA 9142-B-CAA-2 with their petitions. The DHS will provide further details on eligibility and filing requirements in a final temporary rule in the Federal Register, and on the USCIS website.

The newly allocated H2B visas will be granted on a first come, first serve basis. Businesses seeking additional H2B visas should consult with an experienced immigration attorney immediately for guidance on the requirements, potential eligibility, and filing if it is determined that the business would qualify.

We will post additional information on the issue as it becomes available.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Dinan, Stephen. “DHS secretary signals she's open to adding guest worker visas.” The Washington Times. Apr. 11, 2018. https://www.washingtontimes.com/news/2018/apr/11/dhs-secretary-signals-shes-open-guest-worker-visas/

Lawyer website: http://myattorneyusa.com

Visa Bulletin for June 2018

Introduction

On May 7, 2018, the U.S. Department of State (DOS) released the Immigrant Visa Bulletin for June 2018 [PDF version]. The Visa Bulletin for June 2018 contains application final action dates and dates for filing for family-sponsored and employment-based immigrant visa preference categories during the month. On May 10, 2018, the United States Citizenship and Immigration Services (USCIS) determined that adjustment of status applicants based on approved family-sponsored petitions must use the dates for filing in June 2018 whereas similarly-situated employment-based applicants must use the final action dates [PDF version]. In this article, we will examine the pertinent charts from the June 2018 Visa Bulletin, discuss what they mean for those seeking adjustment of status during the month, and examine other news and notes included in the Bulletin.

For a full understanding of how to use the June 2018 Visa Bulletin, please consult the following articles on site for more information. First, please see our comprehensive post about using the immigrant visa bulletin as an adjustment of status applicant, and how this differs from its utility for those seeking immigrant visas abroad through consular processing [see article]. We discuss in a separate post the difference between the filing dates and the final action dates [see article]. For those interested in studying the progression of visa bulletin dates, please see our index article with links to our posts on visa bulletins from the current and previous fiscal years [see index]. For quick reference, you may see our post on the May 2018 Visa Bulletin [see blog].

Family-Sponsored Cases in the June 2018 Visa Bulletin

The USCIS determined on its website that those seeking adjustment of status based on an approved family-sponsored immigrant visa preference petition must use the dates for filing from the June 2018 Visa Bulletin. The dates for filing are more favorable than the final action dates for applicants.

In order for the beneficiary of an approved family-sponsored petition to be eligible to file for adjustment of status in June 2018, his or her priority date must be earlier than the applicable filing date cutoff for his or her applicable family-sponsored preference category and chargeability area. In addition, the individual must be otherwise eligible to file for adjustment of status under section 245 of the Immigration and Nationality Act (INA). The filing date in family-sponsored cases is generally the date on which the immigrant visa petition was properly filed with the USCIS.

The following chart contains the filing dates for family-sponsored cases, courtesy of the USCIS [see here].

For reference purposes, we will include below the final action dates for family-sponsored preference categories for June 2018. Although family-sponsored applicants should use the filing dates in June, it is possible, if not likely, that the USCIS may determine that family-sponsored applicants must use the final action dates in July, August, and/or September. The final action dates may also serve as a guide for when family-sponsored applicants seeking immigrant visas abroad may have an interview scheduled with at a consular post.

The following chart contains the final action dates for family-sponsored cases, courtesy of DOS [see here].

Employment-Based Cases in the June 2018 Visa Bulletin

The USCIS determined that those seeking adjustment of status based on approved employment-based immigrant visa petitions must use the final action dates from the June 2018 Visa Bulletin.

In order for the beneficiary of an approved employment-based immigrant visa petition to be eligible to file for adjustment of status in June 2018, his or her priority date must be earlier than the final action cutoff date for his or her applicable employment-based category and chargeability area. In addition, the individual must be otherwise eligible to file for adjustment of status under section 245 of the Immigration and Nationality Act (INA). In employment-based cases where labor certification was required, the priority date will generally be the date on which the labor certification application was approved by the U.S. Department of Labor. In employment-based cases where labor certification was not required, the priority date will generally be the date on which the immigrant visa petition was properly filed with the USCIS.

The following chart contains the final action dates for employment-based cases, courtesy of the USCIS [see here].

Please note that a final action date of “C” means that the date is “current” for June 2018. The beneficiary of an approved employment-based petition who is otherwise eligible for adjustment of status may file for adjustment in 2018 if the final action date for his or her employment-based preference category and chargeability area is current, regardless of his or her priority date.

News and Notes from the Visa Bulletin for June 2018

The DOS explained that there is high demand for Mexico E4 and SR visas, and that it expects the Mexico E4 per-country limit to be reached during June. Accordingly, the DOS anticipates the retrogression of the July E4 and SR final action dates for Mexico. This will be necessary in order to ensure that the allocation of Mexico E4 and SR visas remains within the annual limit for fiscal year 2018.

As it has in every fiscal year 2018 visa bulletin, the DOS noted that it expects to reach its fiscal year 2018 annual limit of 50 Special Immigrant Visas in the SI category “early this year.” Thus, it is maintaining a June final action date of April 22, 2012 for this category. The final action date for the SI category will become “unavailable” once the annual limit of 50 SI visas is reached. This does not affect the SQ Special Immigrant Visa category for certain Iraqi and Afghan nationals employed by or on behalf of the U.S. government or Iraq and Afghanistan, which remains current in June 2018.

Conclusion

It is important for those seeking adjustment of status on the basis of an approved family-sponsored or employment-based preference petition to stay abreast of the latest developments in the visa bulletins in order to ensure that they will be ready to apply for adjustment of status at the earliest opportunity. In general, those seeking adjustment of status or seeking an immigrant visa abroad should consult with an experienced immigration attorney throughout the entire process.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com