Friday, August 31, 2018

Backlogs in U.S. immigration courts are up 38 percent since Trump took office, with the biggest increases in Maryland, Massachusetts and Georgia

http://www.dailymail.co.uk/news/article-6115563/Backlogs-U-S-immigration-courts-38-percent-Trump-took-office.html

Thursday, August 30, 2018

EOS to F, M, J or B Workload Transfer Update

From USCIS:

July 19, 2018: We transferred some of the following cases from the Vermont Service Center to the California Service Center: Form I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J or B nonimmigrants
For more information, see our Workload Transfer Updates page.

Wednesday, August 29, 2018

Emails Link Ex-DHS Policy Analyst To White Nationalists

https://www.theatlantic.com/politics/archive/2018/08/emails-link-former-dhs-policy-analyst-to-white-nationalists/568843/

New FAM: 9 FAM 601.13 (U) CONSULAR RETURNS

https://fam.state.gov/FAM/09FAM/09FAM060113.html

Legal U.S. Immigrants Face Prison And Even Deportation For Voting

https://m.huffpost.com/us/entry/us_5b859e78e4b0162f471d233c

Tuesday, August 28, 2018

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays

From USCIS:

USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. We expect these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions.

While H-1B premium processing is suspended, we will reject any Form I-907, Request for Premium Processing Service filed with an affected Form I-129, Petition for a Nonimmigrant Worker. If a petitioner submits one combined check for the Form I-907 and Form I‑129 H-1B fees, both forms will be rejected.

Who Is Affected

The expanded temporary suspension applies to all H-1B petitions filed at the Vermont and California Service Centers (excluding cap-exempt filings as noted below).
The previously announced suspension of premium processing for fiscal year 2019 cap-subject H-1B petitions was originally slated to last until Sept. 10, 2018, but that suspension is being extended through an estimated date of Feb. 19, 2019.
We will continue premium processing of Form I-129 H-1B petitions that are not currently suspended if the petitioner properly filed an associated Form I-907 before Sept. 11, 2018. Therefore, we will refund the premium processing fee if:

The petitioner filed the Form I-907 for an H-1B petition before Sept. 11, 2018; and
We did not take adjudicative action on the case within the 15-calendar-day processing period.

Premium Processing Remains Available for Certain H-1B Petitions

The suspension does not apply to:

Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization; or
Those petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a concurrent request to:
1. Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (Box on Part 2, Question 4, Page 2 of the current Form I-129); or
2. Extend the stay of each beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129).

This temporary suspension of premium processing does not apply to any other nonimmigrant classifications filed on Form I-129.

Requesting Expedited Processing

While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet the criteria on the Expedite Criteria webpage. The petitioner must demonstrate that they meet at least one of the expedite criteria, and petitioners should be prepared to submit documentary evidence to support their expedite request.
We review all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.

Why We Are Temporarily Suspending Premium Processing for H-1B Petitions

This temporary suspension will help us to reduce overall H-1B processing times by allowing us to:

Process long-pending petitions, which we have been unable to process due to the high volume of incoming petitions and premium processing requests over the past few months;
Be responsive to petitions with time-sensitive start dates; and
Prioritize adjudication of H-1B extension of status cases that are nearing the 240-day mark.

New Zealand E-Visa Treaty Signed

https://nz.usembassy.gov/signing-of-the-kiwi-act/

Monday, August 27, 2018

Re-Registration Period Now Open for Temporary Protected Status for Somalia

https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-somalia

Saturday, August 25, 2018

Episode 73 of the Immigration Lawyers Podcast

In letter, Tim Cook, Jamie Dimon and other business leaders slam Trump’s immigration policies

https://mic.com/articles/190922/in-letter-tim-cook-jamie-dimon-and-other-business-leaders-slam-trumps-immigration-policies

How the Nazis Got to New York: Immigration Fraud

https://www.nytimes.com/2018/08/23/nyregion/nazis-queens-holocaust-deportation.html

FAM Adds Blogger to I-Visas

https://fam.state.gov/FAM/09FAM/09FAM040211.html

Friday, August 24, 2018

American traveler sues US Customs and Border Protection over iPhone search & seizure

https://9to5mac-com.cdn.ampproject.org/v/s/9to5mac.com/2018/08/24/iphone-seized-cbp/amp/?amp_js_v=a2&amp_gsa=1#amp_tf=From%20%251%24s&ampshare=https%3A%2F%2F9to5mac.com%2F2018%2F08%2F24%2Fiphone-seized-cbp%2F

CBP Facial Recognition at Dulles Airport

https://twitter.com/CBP/status/1032941108358209537?s=03

Immigrants’ case against ICE, DHS can proceed, judge rules

https://www.bostonglobe.com/metro/2018/08/23/immigrants-case-against-ice-dhs-can-proceed-judge-rules/sJqXGumjQoud7HJZLpaDoJ/story.html

USCIS EB-5 Policy Manual Update

https://www.uscis.gov/policymanual/Updates/20180824-EB5GeographicArea.pdf

Tuesday, August 21, 2018

H-1B visa-reliant Cisco ‘secured visas for foreign workers instead of hiring U.S. citizens’: report

https://www-mercurynews-com.cdn.ampproject.org/v/s/www.mercurynews.com/2018/08/21/h-1b-visa-reliant-cisco-secured-visas-for-foreign-workers-instead-of-hiring-u-s-citizens-report/amp/?amp_js_v=0.1#amp_tf=From%20%251%24s&ampshare=https%3A%2F%2Fwww.mercurynews.com%2F2018%2F08%2F21%2Fh-1b-visa-reliant-cisco-secured-visas-for-foreign-workers-instead-of-hiring-u-s-citizens-report%2F

Is the US Government Cracking Down on Artists' Visas?

https://www.dancemagazine.com/us-artist-visa-2596538030.html

Trump ties midterms to immigration

http://www.dailymail.co.uk/news/article-6082749/Trump-ties-midterms-immigration-warning-Democrats-bring-crime-GOP-brings-strength.html

This Man Beat ICE In An Argument Over Who His Father Was

https://www.buzzfeednews.com/article/hamedaleaziz/immigration-ice-citizen-detained-paternity-appeals-court

Accused former Nazi guard arrested, deported to Germany

http://www.dailymail.co.uk/news/article-6081999/Accused-former-Nazi-guard-arrested-deported-Germany.html

Monday, August 20, 2018

How Does CSPA Apply to F-3 and F-4 Preference Category Derivative Children?

8,000 new ways the Trump administration is undermining immigration court independence

http://thehill.com/opinion/immigration/402542-8000-new-ways-the-trump-administration-is-undermining-immigration-court?amp&__twitter_impression=true

Pentagon raises alarm about sharp drop in Iraqi refugees coming to US

https://www.businessinsider.com/pentagon-raises-alarm-about-sharp-drop-in-iraqi-refugees-coming-to-us-2018-8

Shots fired at U.S. embassy in Turkish capital, no casualties

https://mobile.reuters.com/article/amp/idUSKCN1L50B4#amp_tf=From%20%251%24s

H/Tip to Wadsen: USCIS Changes Website, Backtracks On Foreign Student Rules

https://www.forbes.com/sites/stuartanderson/2018/08/20/uscis-changes-website-backtracks-on-foreign-student-rules/

Saturday, August 18, 2018

Under Trump, there’s a growing wait to become a U.S. citizen.

https://www.washingtonpost.com/local/immigration/under-trump-a-growing-wait-to-become-a-us-citizen/2018/08/16/ed364786-9bec-11e8-843b-36e177f3081c_story.html?utm_term=.5e7f0f7a58d9

USCIS PUBLISHES U VISA STATISTICS - DELAYS UP TO 4 ½ years

http://news.jornal.us/article-681299.USCIS-PUBLISHES-U-VISA-STATISTICS---DELAYS-UP-TO-4--years-.html

Immigration Services reverses course, adopted Peruvian girl in Aurora can stay in U.S.

us-immigration-agency-chief-spoke-at-anti-immigrant-hate-group-event

U.S. Immigration Agency Chief Spoke at Anti-Immigrant ‘Hate Group’ Event

State of Virginia Confirms Immigrant Teenagers Were Strapped to Chairs With Bags Over Their Heads

https://www.democracynow.org/2018/8/14/headlines/state_of_virginia_confirms_immigrant_teenagers_were_strapped_to_chairs_with_bags_over_their_heads

Border inspector, former ICE agent face felony cases in California

https://www.nbcnews.com/news/us-news/border-inspector-former-ice-agent-face-felony-cases-california-n901486

US Border Officials to Test Blockchain for Certificate Tracking

https://www.coindesk.com/us-border-officials-to-test-blockchain-for-tracking-import-certificates/

Friday, August 17, 2018

DC judge: For now, no need to accept new DACA applications

https://www.washingtonpost.com/politics/courts_law/dc-judge-for-now-no-need-to-accept-new-daca-applications/2018/08/17/6fee0624-a277-11e8-a3dd-2a1991f075d5_story.html?utm_term=.bf869411e9a5

Shocking video shows a US border guard asking an illegal immigrant girl, 14, to take off her clothes in a room full of other people, then asking if she 'has a problem' after refusing to follow his orders

http://www.dailymail.co.uk/news/article-6072189/Shocking-video-shows-border-guard-asking-illegal-immigrant-girl-14-clothes.html

Practice Alert: USCIS Provides Email Address to Report Receipt Numbers Not Recognized in “My Case Status”

https://www.aila.org/infonet/practice-alert-uscis-provides-email-address?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily

Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations

From USCIS:

USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of our website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT student’s termination of employment or departure to the DSO within five business days. As previously indicated on the webpage, students must report certain changes, such as changes to their employer’s name and address, to their DSO within 10 business days. Prompt reporting ensures that Department of Homeland Security (DHS) is able to exercise effective oversight of the program.

Additionally, DHS is clarifying that STEM OPT participants may engage in a training experience that takes place at a site other than the employer’s principal place of business as long as all of the training obligations are met, including that the employer has and maintains a bona fide employer-employee relationship with the student. DHS will review on a case-by-case basis whether the student will be a bona fide employee of the employer signing the Training Plan, and verify that the employer that signs the Training Plan is the same entity that employs the student and provides the practical training experience.

Ignacio Lanuza got deported because an ICE agent forged a document. ICE didn’t care until Lanuza sued

https://slate.com/news-and-politics/2018/08/ignacio-lanuza-got-deported-because-an-ice-agent-forged-a-document-ice-didnt-care-until-lanuza-sued.html

Executive Office for Immigration Review Announces Largest Immigration Judge Investiture Since At Least 2010, Hiring Times Reduced by More Than 50%

https://www.justice.gov/opa/pr/executive-office-immigration-review-announces-largest-immigration-judge-investiture-least

Sessions on Good-Cause Standard for Continuances: Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018)

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/sessions-on-good-cause-standard-for-continuances-matter-of-l-a-b-r--27-i-n-dec-405-a-g-2018

Wednesday, August 15, 2018

Immigration Services Available for Those Affected by California Wildfires

From USCIS:

USCIS offers immigration services that may help people affected by unforeseen circumstances, including the California wildfires.

The following services may be available on a discretionary basis upon request:

Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. If you don’t apply for the extension or change before your authorized period of admission expires, we may excuse the delay if it was due to extraordinary circumstances beyond your control;
Re-parole of individuals previously granted parole by USCIS;
Expedited processing of advance parole requests;
Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited adjudication of employment authorization applications, where appropriate;
Consideration of fee waivers due to an inability to pay;
Extension of response time or acceptance of a late response to a Request for Evidence or a Notice of Intent;
Rescheduling an interview with USCIS;
Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

Note: When making a request, please explain how the wildfires in California are related to the need for the requested relief.

To learn how to request these measures or determine if an office is open, visit our USCIS Office Closings webpage. If your InfoPass appointment was affected by the fires, you can reschedule your appointment online. If you need additional help, visit the USCIS Contact Center webpage for more information.

All Form I-9, Employment Eligibility Verification, requirements remain in place. If you have been affected by the California wildfires and your documents were lost, stolen, or damaged, review the list of Form I-9 acceptable documents and receipts for more information on how to complete the Form I-9. You may also visit I-9 Central for more information.