Corporate Immigration Law News

• 24Oct

  USCIS Updates Policy to Ensure Petitioners Meet Burden of Proof for Nonimmigrant Worker Extension

  USCIS News Comments Off on USCIS Updates Policy to Ensure Petitioners Meet Burden of Proof for Nonimmigrant Worker Extension

  WASHINGTON — Under updated policy guidance, U.S. Citizenship and Immigration Services (USCIS) is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The guidance applies to nearly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker.

  “USCIS officers are at the front lines of the administration’s efforts to enhance the integrity of the immigration system,” said USCIS Director L. Francis Cissna. “This updated guidance provides clear direction to help advance policies that protect the interests of U.S. workers.”

  As before, adjudicators must thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought. The updated guidance instructs officers to apply the same level of scrutiny when reviewing nonimmigrant visa extension requests even where the petitioner, beneficiary and underlying facts are unchanged from a previously approved petition. While adjudicators may ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitioner.

  The previous policy instructed officers to give deference to the findings of a previously approved petition, as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination. The updated policy guidance rescinds the previous policy.

  Under the law, the burden of proof in establishing eligibility for the visa petition extension is on the petitioner, regardless of whether USCIS previously approved a petition. The adjudicator’s determination is based on the merits of each case, and officers may request additional evidence if the petitioner has not submitted sufficient evidence to establish eligibility.

  Interim and final policy memos are official USCIS policy documents and are effective the date the memos are issued.

  If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

• 13Oct

  Client Alert: Important Information Related to H-1B and Diversity Visa Programs

  H-1B Visa News Comments Off on Client Alert: Important Information Related to H-1B and Diversity Visa Programs

  Premium Processing Now Available for All Petitioners Seeking H-1B Visas

  U.S. Citizenship and Immigration Services (USCIS) resumed premium processing on October 3, 2017 for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions.

  H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, engineering, and mathematics. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-calendar day processing time. If that time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application. Continue reading:

  If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

• 10Oct

  Government of Turkey Suspension of Visas to U.S. Citizens on October 8, 2017 – A Message to U.S. Citizens

  Consular Processing Updates Comments Off on Government of Turkey Suspension of Visas to U.S. Citizens on October 8, 2017 – A Message to U.S. Citizens

  The government of Turkey announced the immediate suspension of visa services to U.S. citizens, effective October 8, 2017.  According to the government’s announcement, this includes the issuance of physical “sticker” visas at border posts, and the online Turkish electronic visa (e-visa).  U.S. citizens planning travel to Turkey, and who have questions regarding this regulation should contact the closest Embassy or Consulate of Turkey, or the Turkish Ministry of Foreign Affairs.

  The U.S. Embassy in Ankara, the Consulate General in Istanbul, the Consulate in Adana and the Consular Agency in Izmir remain open, and continue to provide services to U.S. citizens in Turkey.

  If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

• 03Oct

  Premium Processing Now Available for All Petitioners Seeking H-1B Visas

  H-1B Visa News Comments Off on Premium Processing Now Available for All Petitioners Seeking H-1B Visas

  WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions.

  H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, engineering, and mathematics. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-calendar day processing time. If that time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application.

  In addition to today’s resumption of premium processing for H-1B visa extension of stay petitions, USCIS had previously resumed premium processing for H-1B petitions subject to the annual cap, petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and certain H-1B petitions that are not subject to the cap.

  For more information on how the H-1B visa program is being used, visit the Buy American, Hire American: Putting American Workers First page. This page provides data and information about the hiring practices of employers who use H-1B visas to hire foreign workers.

  If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

• 03Oct

  New USCIS Form to Obtain Simultaneous Work Authorization Document and Social Security Number

  USCIS News Comments Off on New USCIS Form to Obtain Simultaneous Work Authorization Document and Social Security Number

  WASHINGTON – Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using a single form – the updated Form I-765, Application for Employment Authorization.

  To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA. Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN. Continue reading:

  If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

• 25Sep

  New Presidential Proclamation on Visas

  Department of State Comments Off on New Presidential Proclamation on Visas

  Yesterday, September 24, 2017, the Trump Administration announced enhanced national security measures aimed at creating a minimum set of requirements for international cooperation to support visa and immigration vetting and adjudications for individuals seeking entry to the United States.  The announcement, effective immediately, is described by the White House as “a critical step toward establishing an immigration system that protects Americans’ safety and security in an era of dangerous terrorism and transnational crime.”  Countries that do not currently meet these new minimum requirements include Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia.

  Additional information, including details on the phased implementation, is available from the U.S. State Department (DOS) web site which provides an overview of the various travel restrictions for nationals of the eight countries outlined in the September 24 Presidential Proclamation.  See DOS link.

• 21Sep

  ALERT: How Changes to DACA Impact Your Employees

  USCIS News Comments Off on ALERT: How Changes to DACA Impact Your Employees

  On September 5, Attorney General, Jeff Sessions, announced that Deferred Action for Childhood Arrivals (DACA) would be phased out in six (6) months if Congress fails to act on its own to pass immigration legislation. As initially designed, the DACA program provided administrative relief from removal/deportation to eligible immigrant youth (also known as Dreamers) who entered the United States when they were children. As part of the DACA petitioning process, an applicant was required to demonstrate, inter alia, that he/she had entered the U.S. as a child, that he/she met the education requirement (completed school or attending school) and had no arrests or criminal record of any significance. Approved DACA applicants were granted a temporary employment authorization document (EAD), typically valid for a period of two years, which EAD allowed them to work legally in the United States. Such document is also a stepping stone to obtaining a valid driver’s license, a social security number, and, ultimately, seeking college and graduate-level education. Continue reading:

  If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

• 19Sep

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

  H-1B Visa News Comments Off on USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

  U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year 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. Continue reading:

  If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

• 12Sep

  All attorneys should consider how changes to DACA might touch their clients

  Immigration Reform Comments Off on All attorneys should consider how changes to DACA might touch their clients

  On Tuesday, September 5, Attorney General, Jeff Sessions, announced that Deferred Action for Childhood Arrivals (DACA) would be phased out in six months if Congress fails to act on its own to pass immigration legislation. As initially designed, the DACA program provided administrative relief from removal/deportation to eligible immigrant youth who entered the United States when they were children (also known as Dreamers). As part of the DACA petitioning process, an applicant was required to demonstrate, inter alia, that he/she had entered the U.S. as a child, that he/she met the education requirement (completed school or attending school) and had no arrests or criminal record of any significance. Approved DACA applicants were granted  a temporary employment authorization document, typically valid for a period of two years, which allowed them to work legally in the United States, such document is also a stepping stone to obtaining a valid driver’s license, a social security number, and, ultimately, seeking college and graduate-level education. Continue reading:

  If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

• 07Sep

  Fact Sheet: Rescission Of Deferred Action For Childhood Arrivals (DACA)

  Immigration Reform Comments Off on Fact Sheet: Rescission Of Deferred Action For Childhood Arrivals (DACA)

  On June 15, 2012, then-Secretary of Homeland Security Janet Napolitano issued a memorandum entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” creating a non-congressionally authorized administrative program that permitted certain individuals who came to the United States as juveniles and meet several criteria—including lacking any current lawful immigration status—to request consideration of deferred action for a period of two years, subject to renewal, and eligibility for work authorization.  This program became known as Deferred Action for Childhood Arrivals (DACA).

  The Obama administration chose to deploy DACA by Executive Branch memorandum—despite the fact that Congress affirmatively rejected such a program in the normal legislative process on multiple occasions. The constitutionality of this action has been widely questioned since its inception. Read more:

  If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

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