Sunday, July 30, 2017

Wednesday, July 26, 2017

What is a Conditional Green Card Based on the EB-5 Immigrant Investor Program?

Immigration Question of the Day: What is a Conditional Green Card Based on the EB-5 Immigrant Investor Program?

#Immigration #EB5 Consult with an Attorney. Attorney Advertisement

Mass. police can't use ICE detainers to arrest, SJC rules

https://fox25boston.relaymedia.com/amp/news/mass-police-cant-use-ice-detainers-to-arrest-sjc-rules/569928763

USCIS Policy Manual Update: All Applicants Require Biometrics

From USCIS:

The USCIS Policy Manual has been updated to specify that every naturalization applicant must provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical conditions. The Policy Alert is available here:

Volume 12, Citizenship and Naturalization, Part B, Naturalization Examination, Chapter 2, Background and Security Checks (Final date for comments: August 9, 2017)

Tuesday, July 25, 2017

What Happens if the Post Office Returns my Immigration Documents to USCIS as Undeliverable?

Immigration Question of the Day: What Happens if the Post Office Returns my Immigration Documents to USCIS as Undeliverable?

JQKLaw.com

Consult with an Attorney. Attorney Advertisement.

What is a Conditional Green Card for a Marriage-Based Immigration Case?

Immigration Question of the Day: What is a Conditional Green Card for a Marriage-Based Immigration Case? JQKLaw.com

Consult with an Attorney. Attorney Advertisement.

How Can My Taxes Affect my Naturalization Application? (U.S. Citizenship)

Immigration Question of the Day: How Can My Taxes Affect my Naturalization Application? (U.S. Citizenship) JQKLaw.com

Consult with an Attorney. Attorney Advertisement.

For Immigration Lawyers: Episode 50 - Trump H-Visa U-turn, Backlogs, Media Attention...

For Immigration Lawyers: Episode 50 - Trump H-Visa U-turn, Backlogs, Media Attention, J Waivers, AILA DOS Liaison, B-1 to E-2, Interview Appearance & Targeted Marketing.

Recap of July 17-23, 2007 Consult with an attorney.

Monday, July 24, 2017

USCIS Form N-565 Update Notice

From USCIS:

Good afternoon,

We recently updated the following USCIS form(s):

Update to From N-565, Application for Replacement Naturalization/Citizenship Document

07/24/2017 12:00 AM EDT

New edition dated 06/13/17. Starting 09/22/2017, we will only accept the 06/13/17 edition. Until then, you can use the 12/23/16 edition.

For more information, please visit our Forms Updates page.

USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions

From USCIS:

Release Date: July 24, 2017

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or higher.

Premium processing will resume for petitions that may be exempt from the cap if the H-1B petitioner is:
* An institution of higher education;
* A nonprofit related to or affiliated with an institution of higher education; or
* A nonprofit research or governmental research organization.

Premium processing will also resume for petitions that may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity.

Starting today, those cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Nonimmigrant Worker. Form I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition.
USCIS previously announced that premium processing resumed on June 26 for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program as well as interested government agency waivers.

USCIS plans to resume premium processing of other H-1B petitions as workloads permit. USCIS will make additional announcements with specific details related to when we will begin accepting premium processing for those petitions. Until then, premium processing remains temporarily suspended for all other H-1B petitions. USCIS will reject any Form I-907 filed for those petitions, and if the petitioner submitted one check combining the Form I-907 and Form I-129 fees, USCIS will have to reject both forms.

For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@USCIS).

Thursday, July 20, 2017

Wednesday, July 19, 2017

I had a Proxy Marriage: How can I get a Dependent Non-Immigrant Visa for my Spouse?

Immigration Question of the Day: I had a Proxy Marriage: How can I get a Dependent

Non-Immigrant Visa for my Spouse?

Consult with an Attorney. Attorney Advertisement.

I-94 Arrival/Departure Info Now Available Online for Air and Sea Travelers

https://www.cbp.gov/travel/international-visitors/i-94-instructions

Charlie Gard is given legal permanent residence in US by Congress so 'he can fly to the States for world class treatment'

http://www.dailymail.co.uk/news/article-4709122/US-expert-fails-Charlie-s-doctors-reconsider.html

USCIS Returns Unselected Fiscal Year 2018 H-1B Cap-Subject Petitions

From USCIS:

USCIS announced on July 19, that it has returned all fiscal year 2018 H-1B cap-subject petitions that were not selected in our computer-generated random selection process. USCIS previously announced on May 3, that it completed data entry of all selected cap-subject petitions.

If you submitted an H-1B cap-subject petition between April 3 and April 7, 2017 and have not received a receipt notice or a returned petition by July 31, you may contact USCIS for assistance.

Monday, July 17, 2017

Can a Green Card Holder Petition for a Fiancé's Green Card?

Immigration Lawyers' Podcast 49

For Immigration Lawyers: Podcast Episode 49, Weekly Recap of July 10-16, 2017

Travel Bans and Reversed Denials, TPS, F-1 Changes, CBP and the Cloud, Exit Biometrics, Parole, Stokes in Boston, Step-Child Petitions, Proxy Marriages, Growing Your Law Practice.

Not legal advice. Consult with An Attorney.

DHS Provides Relief to American Businesses in Danger of Suffering Irreparable Harm

From USCIS:

Additional Visas for Temporary Workers Provided Until End of Current Fiscal Year

WASHINGTON — U.S. businesses in danger of suffering irreparable harm due to a lack of available temporary nonagricultural workers will be able to hire up to 15,000 additional temporary nonagricultural workers under the H-2B program under a final rule that the Departments of Homeland Security and Labor submitted to the Federal Register today. To qualify for the additional visas, petitioners must attest, under penalty of perjury, that their business is likely to suffer irreparable harm if it cannot employ H-2B nonimmigrant workers during fiscal year (FY) 2017.

After consulting with Secretary of Labor Alexander Acosta, Secretary of Homeland Security John Kelly determined there are not enough qualified and willing U.S. workers available to perform temporary nonagricultural labor to satisfy the needs of some American businesses in FY 2017.

“Congress gave me the discretionary authority to provide temporary relief to American businesses in danger of suffering irreparable harm due to a lack of available temporary workers,” said DHS Secretary John Kelly. “As a demonstration of the Administration’s commitment to supporting American businesses, DHS is providing this one-time increase to the congressionally set annual cap.”

The H-2B Temporary Nonagricultural Worker program was designed to serve U.S. businesses unable to find a sufficient number of qualified U.S. workers to perform nonagricultural work of a temporary nature. Congress set the annual H-2B cap at 66,000. A maximum of 33,000 H-2B visas are available during the first half of the fiscal year, and the remainder, including any unused H-2B visas, is available starting April 1 through September 30. On March 13, 2017, USCIS received sufficient H-2B petitions to meet the full FY 2017 statutory cap of 66,000. In May, Congress delegated its authority to the Secretary to increase the number of temporary nonagricultural work visas available to U.S. employers through September 30. The Secretary took the intervening time to consult with the Secretary of Labor on the issue and to properly develop this rule in accordance with Congressional requirements.

Starting this week, eligible petitioners for H-2B visas can file Form I-129, Petition for a Nonimmigrant Worker and must submit a supplemental attestation on Form ETA 9142-B-CAA with their petition. A new tip line to report general H-2B abuse and employer violations has also been established.

Details on eligibility and filing requirements are available in the final rule and on the One-Time Increase in H-2B Nonimmigrant Visas for FY 2017. This page also includes information on how individuals can report abuse in the program.

If members of the public have information that a participating employer may be abusing this program, DHS invites them to submit information to ReportH2BAbuse@uscis.dhs.gov.

For more information on USCIS and its programs, please visit www.uscis.gov or follow on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@USCIS).

Revised Form I-9 Now Available

From USCIS:

USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Instructions for how to download Form I-9 are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept. 18, employers must use the revised form with a revision date of 07/17/17 N. Employers must continue following existing storage and retention rules for any previously completed Form I-9.

Revisions to the Form I-9 instructions:

We changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
We removed “the end of” from the phrase “the first day of employment.”

Revisions related to the List of Acceptable Documents on Form I-9:

We added the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
We combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.
We renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.

We included these changes in the revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which is also easier for users to navigate.