Draft Policy Memorandum for Job Portability

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft%20Memorandum%20for%20Comment/PED-Draft_Same_or_Similar_Policy_Memorandum_-_11.20.15.pdf

USCIS Policy Memorandum on G-28

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-1117_PM_602-0127_Updated_Form_G-28_Notice_of_Entry_of_Appearance_.pdf

New Countries Eligible to Participate in H-2A and H-2B Programs

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs; the H-2B program allows U.S. employers to bring foreign nationals to the United States for temporary nonagricultural jobs. USCIS, with limited exception, approves petitions only for nationals of countries designated by the Secretary of Homeland Security as eligible to participate in the H-2A and H-2B programs. A new list of eligible countries publishes in a Federal Register notice on January 18, 2011 , and the designations are valid for one year from the date of publication.

Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs:  Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.  Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

After considering a number of relevant factors under the governing regulations, the Department of Homeland Security and the Department of State have determined that Indonesia currently does not warrant a renewed designation as a participating country in the H-2A and H-2B programs for 2011.

This new list does not affect the status of individuals who currently hold valid H-2A or H-2B visas or status. A national from a country that is not on the list may be the beneficiary of an approved H-2A and H-2B petition if the Secretary of Homeland Security determines, in her sole and unreviewable discretion, that it is in the U.S. interest for the alien to be a beneficiary of the petition. 

USCIS

EB-5 & Other USCIS Timelines For November 2015

The Form I-526 processing time has increase this month, but Form I-829 (petition by entrepreneur to remove conditions has decrease, as did Regional Center Form I-924.

For more information about the EB-5 program, please contact the JQK Law Firm at (310) 582-5904.

Form I-526 (Immigrant Petition by Alien Entrepreneur)

• 14.4 months (.6 months increase from previous month)

Form I-829 (Petition by Entrepreneur to Remove Conditions) 

• 15.4 months (.1 decrease from previous month) 

Form I-924 (Application for Regional Center)

• 11.6 (.7 decrease from previous month)

For more USCIS Processing times, please visit: https://egov.uscis.gov/cris/processTimesDisplayInit.do

and Asylum Processing Report

New e-FAM announced by State Department

On November 18, 2015, the legacy Volume 9 of the Foreign Affairs Manual (9 FAM) will be replaced by the 9 FAM-e. As of this date the 9 FAM-e will become the authoritative source for visa guidance. 

The new 9 FAM-e represents the revision and reorganization of more than 4,000 pages of the legacy 9 FAM content that traditionally paralleled Volume 22 of the Code of Federal Regulations. While the new 9 FAM-e overhauls language and organization, it does not alter substance. Guidance is not changed, but rather presented in an improved way. The former interpretive and procedural notes, along with appendices were merged. The new 9 FAM-e adopts a hierarchical structure that is both more logical and better suited to modern search technologies. The revised 9 FAM-e uses a new citation system that is similar to the citation system used in other volumes of the Foreign Affairs Manual and Foreign Affairs Handboook. The Department also developed crosswalk tables correlating old citations with new, so that users can match new sections with former locations in the legacy FAM and vice versa.

USCIS Announces Addition of 16 Countries Eligible to Participate in the H-2A and H-2B Visa Programs

USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have added Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan**, and Timor-Leste to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. The notice listing the eligible countries published on Nov. 18, 2015 in theFederal Register. DHS reserves the right to add countries to the eligible countries list at any time, and to remove any country at any time DHS determines that a country fails to meet the requirements for continued designation.

Secretary of Homeland Security Johnson and Secretary of State Kerry have agreed that Moldova will no longer be designated as an eligible country to participate in the H-2B program because Moldova is not meeting the standards in the regulation for the H-2B program participation. Nationals of Moldova may still participate in the H-2A program because Moldova continues to meet the standards in the regulation for H-2A program participation.
The H-2A and H-2B Visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS, however, may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.

Effective Jan. 18, 2016, nationals of the following countries are eligible to participate in the H-2A and H-2B Visa programs:

Andorra	Ethiopia	Luxembourg	San Marino
Argentina	Fiji	Macedonia	Serbia
Australia	Finland	Madagascar	Singapore
Austria	France	Malta	Slovakia
Barbados	Germany	Moldova*	Slovenia
Belgium	Greece	Mexico	Solomon Islands
Belize	Grenada	Monaco	South Africa
Brazil	Guatemala	Montenegro	South Korea
Brunei	Haiti	Nauru	Spain
Bulgaria	Honduras	The Netherlands	Sweden
Canada	Hungary	Nicaragua	Switzerland
Chile	Iceland	New Zealand	Taiwan**
Colombia	Ireland	Norway	Thailand
Costa Rica	Israel	Panama	Timor-Leste
Croatia	Italy	Papua New Guinea	Tonga
Czech Republic	Jamaica	Peru	Turkey
Denmark	Japan	The Philippines	Tuvalu
Dominican Republic	Kiribati	Poland	Ukraine
Ecuador	Latvia	Portugal	United Kingdom
El Salvador	Lichtenstein	Romania	Uruguay
Estonia	Lithuania	Samoa	Vanuatu

*Moldova is designated to participate in the H-2A program, but it is not eligible to participate in the H-2B program.
** With respect to all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1). Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.
This notice does not affect the status of beneficiaries who currently are in the United States in H-2A or H-2B status unless they apply to change or extend their status. Each country’s designation is valid for one year from Jan. 18, 2016.
For more information on USCIS and its programs please visit www.uscis.gov.

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December Visa Bulletin Released

The new visa bulletin includes a new system for Immigrants that are already in the U.S. to adjust status before their Priority Date becomes Current:

http://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-december-2015.html

Joining Loyola Law School Faculty

Just crossed off another dream on my bucket list!

Teaching Immigration Law at Loyola Law School #Professor

USCIS Form I-765 Updated

USCIS has published an update to Form I-765, Application for Employment Authorization. The new edition is dated 11/04/15. (Previous editions dated 02/13/15, 05/27/08 or later, also accepted.)

USCIS Revises AFM for Appeals Process to AAO

Review the changes here: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-1104_Initial_Field_Review_PM_APPROVED.pdf

D.A.P.A. Denial Upheld by Appeals Court

A federal appeals court on Monday agreed to keep on hold President Barack Obama's executive order on immigration -- nearly a year after he announced it as a backstop measure to Congress' failure to enact comprehensive immigration reform.

The divided, 124-page ruling deals a blow to the administration's Deferred Action for Parental Accountability program, known as DAPA, and there may be just enough time for a formal appeal to the Supreme Court to be resolved ahead of the 2016 election.

In ruling against the government, the U.S. Court of Appeals for the 5th Circuit largely agreed with a lower court judge, who in February issued a “nationwide injunction” that effectively stopped DAPA from taking effect, and concurred that Texas and other states that sued the president over the program had legal “standing” to challenge its constitutionality in federal court.

Read more at Huffington Post

EB-5 Regional Center Reports Due by Dec. 29, 2015

Approved EB-5 regional centers must submit a Form I-924A, Supplement to Form I-924 annually to demonstrate continued eligibility for the regional center designation – namely, that they continue to promote economic growth, improved regional productivity, job creation or increased domestic capital investment in the approved geographic area. See 8 CFR 204.6(m)(6).

The form must be filed for each fiscal year (October 1 through September 30) within 90 days after the end of the fiscal year (on or before December 29).

To learn more about this requirement, visit the USCIS I-924A Web page: http://www.uscis.gov/i-924a

USCIS Updates I-485 Forms

• Update to Form I-485, Application to Register Permanent Residence or Adjust Status, Instructions for Form I-485 Supplement C and Instructions for Form I-485 Supplement E. New editions dated 10/05/15. You may also file using these previous editions: 06/20/13; 01/18/11, 11/23/10, 11/08/10; 7/15/10; 12/03/09.
• Update to Form I-485 Supplement A, Adjustment of Status Under Section 245(i). New edition dated 10/05/15. You may also file using these previous editions: 06/20/13; 01/18/11; 11/23/10; 12/16/08; and 05/27/08.

USCIS Update to Form I-140

Update to Form I-140, Immigrant Petition for Alien Worker. New edition is dated 10/15/15. You may also file using the previous edition: 03/05/13.