Thursday, May 31, 2018
DHS Announces Additional Visas for Foreign Workers to Assist American Businesses at Risk of Failing
From USCIS:
On May 25, Secretary of Homeland Security Kirstjen M. Nielsen announced that an additional 15,000 H-2B temporary nonagricultural worker visas will be available for Fiscal Year 2018. In this determination, Secretary Nielsen determined there are not sufficient, qualified, U.S. workers available to perform temporary non-agriculture labor to satisfy the needs of American businesses in FY18. This allocation is in addition to the 66,000 visas already issued this year. Secretary Nielsen made this decision after consulting with Secretary of Labor Alexander Acosta, members of Congress, and business owners.
“The limitations on H-2B visas were originally meant to protect American workers, but when we enter a situation where the program unintentionally harms American businesses it needs to be reformed,” said Secretary Nielsen. “I call on Congress to pass much needed reforms of the program and to expressly set the number of H-2B visas in statute. We are once again in a situation where Congress has passed the buck and turned a decision over to DHS that would be better situated with Congress, who knows the needs of the program. As Secretary, I remain committed to protecting U.S. workers and strengthening the integrity of our lawful immigration system and look forward to working with Congress to do so.”
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 visa 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 from the first half of that fiscal year, is available starting April 1 through September 30.
On February 27, 2018, USCIS determined that it had received sufficient H-2B petitions to meet the full FY 2018 statutory cap of 66,000.
In the FY 2018 Omnibus, Congress delegated its authority to the Secretary to increase the number of temporary nonagricultural worker visas available to U.S. employers through September 30, just as it did in the FY 2017 Omnibus. In the intervening time since enactment of the FY 2018 Omnibus, the Secretary consulted with the Secretary of Labor on the issue, in accordance with Congressional requirements, and developed this rule.
Starting today, eligible petitioners for H-2B visas can file Form I-129, Petition for a Nonimmigrant Worker. Eligible petitioners must submit a supplemental attestation on Form ETA 9142-B-CAA-2 with their petition.
Details on eligibility and filing requirements are available in the final temporary rule published today and on the Increase in H-2B Nonimmigrant Visas for FY 2018 webpage.
“The limitations on H-2B visas were originally meant to protect American workers, but when we enter a situation where the program unintentionally harms American businesses it needs to be reformed,” said Secretary Nielsen. “I call on Congress to pass much needed reforms of the program and to expressly set the number of H-2B visas in statute. We are once again in a situation where Congress has passed the buck and turned a decision over to DHS that would be better situated with Congress, who knows the needs of the program. As Secretary, I remain committed to protecting U.S. workers and strengthening the integrity of our lawful immigration system and look forward to working with Congress to do so.”
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 visa 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 from the first half of that fiscal year, is available starting April 1 through September 30.
On February 27, 2018, USCIS determined that it had received sufficient H-2B petitions to meet the full FY 2018 statutory cap of 66,000.
In the FY 2018 Omnibus, Congress delegated its authority to the Secretary to increase the number of temporary nonagricultural worker visas available to U.S. employers through September 30, just as it did in the FY 2017 Omnibus. In the intervening time since enactment of the FY 2018 Omnibus, the Secretary consulted with the Secretary of Labor on the issue, in accordance with Congressional requirements, and developed this rule.
Starting today, eligible petitioners for H-2B visas can file Form I-129, Petition for a Nonimmigrant Worker. Eligible petitioners must submit a supplemental attestation on Form ETA 9142-B-CAA-2 with their petition.
Details on eligibility and filing requirements are available in the final temporary rule published today and on the Increase in H-2B Nonimmigrant Visas for FY 2018 webpage.
DHS is committed to ensuring that our immigration system is implemented lawfully and that American workers are protected. 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.
Wednesday, May 30, 2018
USCIS to Implement Online Processing of FOIA Requests
From USCIS:
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced the launch of our Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will eventually allow users to submit, manage, and receive FOIA requests entirely online. Before this change, USCIS only accepted FOIA requests by mail, fax, and email, and requesters typically received their documents on a compact disc by mail.
USCIS is commencing FIRST’s digital delivery of services in phases. Initially, requesters who have an immigration court date pending and file a request for documents can create an account within myUSCIS to receive documents digitally, eliminating the time and expense associated with receiving requests by mail.
Through their account, requesters can track the status of their FOIA cases and will receive email notification when USCIS has uploaded their records. In the coming months, this digital delivery option will be expanded to all FOIA and Privacy Act (PA) requesters. When FIRST is fully operational, requesters will be able to use a completely digital FOIA/PA system, from online submission to retrieving and downloading responsive documents. USCIS will notify the public as additional services become available.
“Today marks an important step in our effort to transform outdated USCIS systems,” said USCIS Director L. Francis Cissna. “Modernizing the way we accept and respond to FOIA and Privacy Act requests is a priority. FIRST’s efficient process will reduce our FOIA backlog, eliminate errors, and speed up the delivery of documents to requesters.”
FIRST is part of the agency’s ongoing effort to move the nation’s legal immigration system away from paper-based services to digital transactions.
In December, USCIS expanded the variety of documents available in the Electronic Reading Room, disclosing cleared policy documents and external correspondence addressed to our leadership, along with their responses. This is in addition to providing access to information that had been requested at least three times and had been provided under FOIA.
FOIA provides the general public an avenue to request access to a variety of public information from federal agencies. Like all federal agencies, USCIS is required to disclose such records and information upon receiving a request.
Tuesday, May 29, 2018
Monday, May 28, 2018
Saturday, May 26, 2018
Friday, May 25, 2018
USCIS Expands Online Filing (Forms N-336/N-535)
From USCIS:
Applicants Can Now Request Replacement Naturaliza
U.S. Citizenship and Immigration Services (USCIS) announced today that Form N-565, Application for Replacement of Naturalization/Citizenship Document, and Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), can be filed online.
Applicants use Form N-565 to replace a naturalization certificate, certificate of citizenship, or a repatriation certificate. They may also use it to apply for a special certificate of naturalization as a U.S. citizen to be recognized by a foreign country. Applicants use Form N-336 to request a hearing before an immigration officer if we have denied their application for naturalization.
“USCIS is making the process of applying for immigration benefits more efficient, secure and convenient,” said USCIS Director L. Francis Cissna. “We continue to add new forms that applicants can complete online.”
These are the third and fourth forms that applicants can file online through their online account. We introduced the first, Form I-90, Application to Replace Permanent Resident Card, in March 2015. We introduced the second, Form N-400, Application for Naturalization, in August 2016, and began heavily promoting online filing for the form in December 2017. We are using innovation and technology to continually meet the needs of our applicants, employees and stakeholders.
To file an N-400, I-90, N-565, or N-336 application online, the applicant must first create a USCIS online account. The system is completely mobile-responsive, which means applicants can file the forms from a phone or tablet. The account provides a convenient and secure way for individuals to:
- Monitor the status of their cases,
- Respond to requests for evidence,
- Communicate with USCIS through a secure inbox, and
- Change their address.
Applicants will be able to complete Forms N-565 and N-336 electronically, pay the filing fee online, and submit evidence to USCIS through the online account. However, Form N-565 applicants will be required to mail their original certificates and photos to the Nebraska Service Center after they file their applications through their online account. Applicants filing the N-336 will simply follow the online filing instructions, and wait to be scheduled for a hearing within 180 days of filing the application.
Attorneys and accredited representatives can also file online for their clients once they create an online account. Representatives can use their online account to submit additional evidence, respond to requests for evidence on behalf of their clients, view the status of their clients’ applications, communicate with us about their clients’ cases, and manage previously filed paper applications.
We are still accepting the latest paper version of Form N-565 and Form N-336. Applicants who have mailed these forms, or any other USCIS form can still create an online account to track the status of their form throughout the adjudication process, even if they did not file the form online.
Regardless of whether a form is filed on paper or electronically, USCIS is committed to ensuring a secure immigration system and a streamlined experience for applicants.
For more information on USCIS and its programs, please visit our website or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook (/uscis).
DHS Proposes to Remove the International Entrepreneur Rule
From USCIS:
WASHINGTON – The Department of Homeland Security (DHS) is proposing a rule to end a program that allows certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here, known as the International Entrepreneur Rule (IE Final Rule).
In July 2017, DHS published a final rule to delay the implementation date of the IE Final Rule to March 14, 2018, to give the Department time to draft a rescission of the IE Final Rule. However, in December 2017, a federal court vacated the delay rule, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE Final Rule.
DHS is now proposing to eliminate the IE Final Rule because the department believes that it represents an overly broad interpretation of parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining international entrepreneurs.
By statute, DHS has discretionary authority to parole individuals into the United States temporarily, on a case-by-case basis, for urgent humanitarian reasons or significant public benefit. After reviewing DHS parole programs in accordance with the Executive Order titled Border Security and Immigration Enforcement Improvements, issued on Jan. 25, 2017, DHS is proposing to remove regulations published as part of the IE Final Rule. DHS concluded that the IE Final Rule created a complex and highly-structured program that was best established by the legislative process rather than relying on an unorthodox use of the Secretary’s authority to “temporarily” parole, in a categorical way, aliens based on “significant public benefit”.
The Immigration and Nationality Act already provides for visa classifications that enable certain entrepreneurs to start businesses and work in the United States, such as the E-2 nonimmigrant classification and the EB-5 immigrant classification. DHS is committed to reviewing all existing employment-based immigrant and nonimmigrant visa programs to ensure program integrity and protect the interests of U.S. investors and workers.
Thursday, May 24, 2018
Wednesday, May 23, 2018
USCIS Form I-129CW Update
From USCIS:
| Good afternoon, We recently updated the following USCIS form(s): |
USCIS CPSA Policy Manual Update
From USCIS:
USCIS is issuing policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act. The Policy Alert is available here:
|
Tuesday, May 22, 2018
Re-Registration Period Now Open for Temporary Protected Status for Nepal
From USCIS:
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Nepal’s designation who want to maintain their status through the effective termination date of June 24, 2019, must re-register between May 22, 2018, and July 23, 2018.
Re-registration procedures, including how to renew employment authorization documents (EADs), have been published in the Federal Register and on uscis.gov/tps.
All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an EAD by submitting a completed Form I-765, Application for Employment Authorization, at the time they file Form I-821, or separately at a later date. Both forms are free to download from the USCIS website at uscis.gov/tps.
USCIS will issue new EADs with a June 24, 2019 expiration date to eligible Nepali TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, however, USCIS recognizes that not all re-registrants will receive new EADs before their current EADs expire on June 24, 2018. Accordingly, USCIS has automatically extended the validity of EADs issued and currently valid under the TPS designation of Nepal for 180 days, through Dec. 21, 2018.
On April 26, 2018, Secretary of Homeland Security Kirstjen M. Nielsen announced that the statutory conditions supporting Nepal’s TPS designation on the basis of an environmental disaster are no longer met and terminating the designation was required by statute. Secretary Nielsen made her decision after reviewing country conditions and consulting with appropriate U.S. government agencies. To allow time for an orderly transition, she delayed the effective date of the termination for 12 months from the current expiration date of June 24, 2018. As a result of the delayed effective date, Nepal’s TPS designation will end on June 24, 2019.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook (/uscis).
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Sunday, May 20, 2018
Saturday, May 19, 2018
Friday, May 18, 2018
Thursday, May 17, 2018
Wednesday, May 16, 2018
USCIS EB-5 Policy Manual Update
From USCIS:
| EB-5 Tenant Occupancy USCIS is revising guidance on immigrant investor (EB-5) cases involving tenant occupancy. Previously, the USCIS Policy Manual allowed for tenant-occupancy methodologies used by some petitioners to show their capital created, or will create, 10 indirect jobs. We have determined that these methodologies do not provide reasonable predictions of indirect job creation and are no longer considered reasonable methodologies to support economically or statistically valid forecasting tools. USCIS will no longer accept tenant-occupancy models for filings on or after May 15, 2018. USCIS will continue to give deference to Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, when directly related to previously approved projects, absent material change, fraud or misrepresentation, or legal deficiency of the prior determination. The Policy Alert is available here:
Adjustment of Status Interview Guidelines and Waiver Criteria USCIS is also updating guidance regarding adjustment of status interview guidelines and interview waivers by:
The Policy Alert is available here:
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Tuesday, May 15, 2018
USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap Subject Petitions
From USCIS:
| USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in our computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned. Additionally, USCIS may transfer some Form I-129 H-1B cap subject petitions between the Vermont Service Center and the California Service Center to balance the distribution of cap cases. If your case is transferred, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition. |
Monday, May 14, 2018
USCIS to Recall Incorrectly Dated Green Cards
From USCIS:
| On May 14, 2018, USCIS will begin recalling approximately 8,543 Permanent Resident Cards (also known as Green Cards) due to a production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident Since” date and mailed between February and April 2018. USCIS will send notices to individuals who received the incorrect Green Cards and to their attorneys of record, if they have one. The affected individuals should return their incorrect Green Card to USCIS in the provided pre-paid envelope within 20 days of receiving the notice. They may also return their cards to USCIS field offices. USCIS will send replacement Green Cards within 15 days of receiving the incorrect card. The recall does not affect these Green Card holders’ status as lawful permanent residents. If affected individuals need to travel internationally or prove their lawful permanent residence while they wait for a replacement card, they may contact the USCIS Contact Center at 800-375-5283 to determine if they need additional proof. Spouses of U.S. citizens may apply for naturalization after three years of permanent residency and must meet other requirements. The incorrect date on these cards could lead applicants to wait longer than necessary to apply to become U.S. citizens. For more information, visit our website. |
Saturday, May 12, 2018
Friday, May 11, 2018
USCIS and the Justice Department Formalize Partnership to Protect U.S. Workers from Discrimination and Combat Fraud
Form USCIS:
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice today announced a Memorandum of Understanding (MOU) that expands their collaboration to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States. This new effort improves the way the agencies share information, collaborate on cases, and train each other’s investigators.
The MOU will increase the ability of the agencies to share information and help identify, investigate, and prosecute employers who may be discriminating against U.S. workers and/or violating immigration laws. In 2010, USCIS and the Justice Department’s Civil Rights Division entered into an ongoing partnership to share information about E-Verify misuse and combat employment discrimination, and today’s MOU expands upon the two agencies’ existing partnership.
In 2017, the Civil Rights Division launched the Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers. Under this Initiative, the Civil Rights Division has opened dozens of investigations, filed one lawsuit, and reached settlement agreements withtwo employers. Since the Initiative’s inception, employers have agreed to pay or have distributedover $200,000 in back pay to affected U.S. workers. The Division has also increased its collaboration with other federal agencies to combat discrimination and abuse by employers using foreign visa workers.
USCIS administers the nation’s immigration system and adjudicates requests for immigration benefits, including employment-based petitions. To advance the goals of the Buy American and Hire American Executive Order and promote the economic interests of U.S. workers, USCIS is taking concrete steps to ensure the integrity of the employment-based immigration programs and improve its ability to detect and prevent fraud. Among other things, USCIS has created dedicated tip lines for reporting H-1B and H-2B visa fraud and abuse, and expanded its site visit programs. USCIS has also worked with other government agencies that have a role in immigration, such as DOJ, to ensure that they efficiently share and appropriately act upon information regarding potential fraud and abuse of immigration programs. For more information, visit the USCIS Buy American and Hire American page.
“In the spirit of President Trump’s Executive Order on Buy American and Hire American, today’s partnership adds to the Civil Rights Division’s tools to stop employers from discriminating against U.S. workers by favoring foreign visa workers,” said Acting Assistant Attorney General John M. Gore of the Civil Rights Division. “The Division looks forward to expanding its partnerships with USCIS to hold accountable employers that discriminate against U.S. workers based on their citizenship status.”
“Protecting and maintaining the integrity of our immigration system remains a key priority for me, and underpins the exceptional work of the professionals at USCIS,” said USCIS Director L. Francis Cissna. “This agreement enhances the level of coordination among investigators who often work on the same issues at different agencies. Breaking down silos and working with our federal partners to combat employment discrimination will help ensure that U.S. workers have the advocate they need at the highest level.”
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation. An employer that prefers to hire temporary foreign visa workers over available, qualified U.S. workers may be discriminating in violation of this law.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Applicants or employees who believe they were subjected to retaliation; different documentary requirements based on their citizenship, immigration status or national origin; or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee, should contact IER’s worker hotline for assistance.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook(/uscis).
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