DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

Release Date: February 24, 2015

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs...Link

Statement by Secretary Jeh C. Johnson Concerning the District Court's Ruling Concerning DAPA and DACA

Release Date: 

February 17, 2015

For Immediate Release

DHS Press Office

Contact: 202-282-8010

I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it. 

Accordingly, the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA. 

The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do.

It is important to emphasize what the District Court’s order does not affect.

The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012. 

Nor does the Court’s order affect this Department’s ability to set and implement enforcement priorities. The priorities established in my November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remain in full force and effect. Pursuant to those enforcement priorities, we continue to prioritize public safety, national security, and border security. I am pleased that an increasing percentage of removals each year are of those convicted of crimes.  I am also pleased that, due in large part to our investments in and prioritization of border security, apprehensions at the southern border – a large indicator of total attempts to cross the border illegally -- are now at the lowest levels in years.

For more information, visit www.dhs.gov.

###

Review Date: 

February 17, 2015

http://www.dhs.gov/news/2015/02/17/statement-secretary-jeh-c-johnson-concerning-district-courts-ruling-concerning-dapa

EB-5 Processing Times Increase - March 2015

   by  Alan Cleaver 

Unfortunately the new EB-5 processing times released by USCIS show another increase. Average processing times for all types of EB-5 applications are:

• Form I-526 (Immigrant Petition by Alien Entrepreneur)
• 14 months (Increase of 0.2 months)
• Form I-829 (Petition by Entrepreneur to Remove Conditions)
• 11.4 months (Increase of .9 months)
• Form I-924 (Application for Regional Center)
• 11.1 months (Increase of .8 months)

In the last 6 months, the Form I-526 has taken around the same amount of time, however the Forms I-829 and I-924 have seen considerable delays: from around 7 months time to now 11 months processing times.

For best results for your EB-5 application, consult with an Immigration Attorney experienced in filing EB-5 applications.

March 2015 Visa Bulletin - EB-3 Category Jumps Forward Again

There have been normal movements forward in this month's Visa Bulletin in most categories and very strong jumps in the Employment-Based categories. EB-3 Petitions submitted in June of 2014 are now current!

The Visa Bulletin is published each month by the U.S. State Department to list the date U.S. Visas become available to certain Immigrant Beneficiaries in various Employment and Family Based Petitions.

EB-5 Update: Chinese EB-5 Applicants

The National Visa Center (NVC) has informed the American Immigration Lawyers Association (AILA) that appointment interviews for Chinese EB-5 applicants may ask that the applicant bring original documents with them to the Consular interview, even if the NVC has the original documents. The NVC advices such applicants to attend the interview regardless of whether they have all of the original civil documents.

In December 2014, the NVC changed Chinese EB-5 applicants from a paper format to an electronic processing format. NVC may have changed the Consular Prefix from GUZ to GZO. The NVC estimates that this change will speed up processing time by several months for most cases, but has caused some confusion.

Also, a few NVC notices incorrectly stated that NVC had only received scanned copies of civil documents, even though original documents had been sent.

Source: AILA Doc. No. 15020241.

Change in I-751 Filing Location for Some Southern States

USCIS changed its filing location for Form I-751, Petition to Remove the Conditions of Residence, from January 14, 2015. It has moved from the Vermont Service Center (VSC) to the California Service Center (CSC) for the following states: Louisiana New Mexico Oklahoma South Carolina Tennessee Texas Please go to http://www.uscis.gov/i-751 for more info.