Applying to Use E-Verify Trademark

On February 1, 2018, the United States Citizenship and Immigration Services (USCIS) reminded employers enrolled in E-Verify that they may apply to post the trademarked E-Verify logo on their website and printed materials [PDF version].

The reason why an employer must first apply to use the E-Verify logo is because the logo is trademarked with the U.S. Patent & Trademark Office. Accordingly, any use of the trademark without express authorization is a violation of trademark law [PDF version].

In order to qualify to use the E-Verify logo, the employer must satisfy the E-Verify trademark guidelines [PDF version (uploaded for reference purposes only)]. If the employer meets the conditions, it may file a license application for use of the E-Verify trademark with the USCIS. When filing an application to use the E-Verify trademark, the employer should look for the most up-to-date version of the form and form instructions on the USCIS website.

While there is no requirement for an E-Verify employer to apply to use the E-Verify trademark if the employer does not intend to use it, the USCIS website provides instructions for those who wish to do so. It is important for any E-Verify employer that does wish to use the trademark to first go through the proper process to obtain approval.

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 Begin Accepting CW1 Petitions on April 2, 2018

The United States Citizenship and Immigration Services (USCIS) issued a reminder that it will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW1) program subject to the fiscal year 2019 CW1 cap on April 2, 2018 [PDF version].

The CW1 category allows employers in the Northern Mariana Islands, only, to employ workers who are not eligible for any other nonimmigrant worker category. The fiscal year 2019 CW1 cap is set to 4,999 [see article].

The USCIS encourages employers to file CW1 petitions “up to six months in advance of the proposed start date of employment and as early as possible within that timeframe.” However, petitions filed more than six months in advance of the employment start date will be rejected.

CW1 extension petitions may request an employment start date of October 1, 2018, even in cases where the CW1 worker's current CW1 status will not expire by that date.

The USCIS states that it expects to receive more CW1 petitions than the number of CW1 visas available under the fiscal year 2019 CW1 cap. In that case, the USCIS will conduct a CW1 lottery to randomly select petitions and beneficiaries so as to not exceed the CW1 cap. The USCIS states that another reason it will use the lottery in this situation will be to account for “the possibility of mail delays from the CNMI.” In deciding whether a CW1 lottery is necessary, the USCIS will count the number of beneficiaries in the CW1 petitions received after 10 business days to determine whether the CW1 lottery will be needed. In the event that the CW1 cap is met after 10 business days, “a lottery may still need to be conducted only with the petitions received on the last day before the cap was met.”

The USCIS will announce both when the CW1 cap is reached and whether it conducted a CW1 lottery.

Employers must use the most recent version of the Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, in order to petition for a CW1 worker. The petition must be accompanied by the $200 mandatory CNMI education funding fee and the $460 filing fee. Any petition submitted with insufficient payment will be rejected. Please see our related article to learn about the increased mandatory CNMI education funding fee [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

Kevin McAleenan Confirmed as Commissioner of CBP

On March 19, 2019, the United States Senate confirmed Kevin McAleenan as the new Commissioner of the United States Customs and Border Protection (CBP) by a vote of 77-19.[1] McAleenan had been serving as Acting Commissioner of the CBP since President Donald Trump took office on January 20, 2017. President Trump nominated McAleenan to become the permanent Commissioner of the CBP on March 30, 2017 [see blog].

Prior to becoming Acting Commissioner and then Commissioner, McAleenan served as Deputy Commissioner of the CBP from November 2, 2014, through January 20, 2017. McAleenan served in various other capacities in the CBP and in the legacy U.S. Customs Service beginning in 2006. Before serving in government, McAleenan practiced law in California, having received his law degree from the University of Chicago Law School [PDF version].

With McAleenan now confirmed, two of the three main immigration components of the Department of Homeland Security (DHS) — the CBP and the United States Citizenship and Immigration Services (USCIS) [see article] — have permanent heads. The nomination of Thomas Homan for Director of the United States Immigration and Customs Enforcement (ICE) remains pending before the U.S. Senate. Homan is currently serving as Acting Director. We will update the website with more information 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. “Senate approves Trump's border chief.” The Washington Times. Mar. 19, 2018. https://www.washingtontimes.com/news/2018/mar/19/kevin-mcaleenan-confirmed-us-customs-and-border-pr/

Lawyer website: http://myattorneyusa.com

DACA Update: DACA Program Remains in Effect Beyond March 5 Due to Court Injunctions

On September 5, 2017, then-acting Secretary of Homeland Security Elaine Duke published a memorandum providing for the draw-down of the Deferred Action for Childhood Arrivals (DACA) program [see article]. Under the memorandum, DACA was to end on March 5, 2018, while allowing for those who had DACA benefits at that time to maintain DACA until their benefits expired. The DHS hoped that Congress would pass a permanent solution for those with DACA benefits in advance of the March 5 deadline.

However, the March 5 deadline has been rendered effectively meaningless for the time being due to two separate District Court preliminary injunctions against the DACA rescission. The two District Court injunctions restored DACA to the status it had prior to September 5, 2017, while allowing for those who have or who previously had DACA benefits to apply for renewal. Because the Supreme Court of the United States has declined to expedite review of the issue, the injunctions appear slated to remain in effect for the time being.

On the subject of the injunctions and their effect on the DACA rescission, the spokesman for the Department of Homeland Security (DHS), Tyler Q. Houlton, had this to say:

"We have to follow the rules and letter of the law and injunctions. Our deadline was March 5, but court orders have come in and put injunctions in place and we're going to continue to follow the rule of law".[1]

Accordingly, for the time being, DACA will continue to be run in accordance with the injunctions. However, in the absence of a legislative solution, it is possible that the injunctions could be overturned either on appeal to Federal circuit courts or to the Supreme Court if it opts to take the case next term. That would allow for the DACA recession to take effect.

An individual who is affected by the uncertainty over DACA should consult with an experienced immigration attorney for a case-specific evaluation and guidance.

To read about the DACA rescission and all of the subsequent develops discussed in this article, please see our full article on the issue [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.

1. Dinan, Stephen. “Trump boosts Dreamer approvals as DACA deadline passes.” The Washington Times. Mar. 4, 2018. https://www.washingtontimes.com/news/2018/mar/4/daca-deadline-passes-action-courts-not-congress/

Lawyer website: http://myattorneyusa.com