Author: SCwpadmin

by SCwpadmin SCwpadmin 274 Comments

Congratulations to our New Associate Attorney!

Breanne P. ComptonStern & Curray is pleased to announce that Breanne P. Compton has accepted a position as a permanent Associate Attorney. Breanne represents clients in all aspects of immigration law including employment visas, family-based matters, and removal defense.

“Breanne continues to impress us with her high-level legal analysis and dedication to clients,” said Emily Curray, Managing Partner of Stern & Curray. “We are delighted to have Breanne on our team.”

Prior to joining Stern & Curray, Breanne gained diverse experience through positions with the Colorado Public Defender’s Office, the Executive Office for Immigration Review, and the Rocky Mountain Immigrant Advocacy Network. She has worked at Stern & Curray since 2013, first as a law clerk, then as a law fellow.

Breanne completed her law degree at the University of Colorado College of Law in 2014. She is also a graduate of Pacific Lutheran University where she studied Latin American History and Social Justice.  You can learn more about Breanne on our website.

by SCwpadmin SCwpadmin 9 Comments

Happy Constitution Day!

On September 17, 1787 at Independence Hall in Philadelphia, Pennsylvania, delegates from the Constitutional Convention signed the United States Constitution, the fundamental framework of our government.  Today our nation celebrates Constitution Day along with Citizenship Day as part of an extended Constitution Week celebration.  U.S. Citizenship and Immigration Services is celebrating Constitution Day and Citizenship Day with a number of naturalization ceremonies being administered across the country.  This year 36,000 foreign nationals will become U.S. citizens in over 200 naturalization ceremonies being held between today and September 23rd.  Happy Constitution Day!

If you are a lawful permanent resident seeking to naturalize and become a U.S. citizen, contact us for a consultation.

by SCwpadmin SCwpadmin No Comments

Changes to Visa Bulletin

The U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State announced that the Visa Bulletin is being modified so that foreign nationals who are waiting in the immigrant visa backlogs may begin their adjustment of status applications before their priority date becomes current.

In particular, instead of having only one visa priority date chart there will now be two charts per visa preference category.  These charts are labeled:  (1) “Dates for filing Applications,” which is the earliest date when an applicant is deemed eligible to apply for their immigrant visa; and (2) “Application for Final Action Dates,” which states the date when the immigrant visa can actually be issued.  This will affect foreign nationals who are waiting in the immigrant visa backlogs in that they will be able to submit their applications for consideration earlier than in the past.

These changes take effect beginning with the October Visa Bulletin.

by SCwpadmin SCwpadmin No Comments

Yemen Designated for TPS

Today the Department of Homeland Security (DHS) stated that the Republic of Yemen has been designated for Temporary Protected Status (TPS) due to severe violence and ongoing armed conflict.  This designation begins today and will run for a period of 18 months, or until March 3, 2017.

Yemeni nationals physically present and residing in the United States since September 3, 2015 should consult our office to discuss eligibility for TPS and the application process.

TPS may be granted to foreign nationals who are present in the United States when disaster hits their home country or when conditions in their home country prevent safe return. TPS is granted for temporary conditions such as civil war and/or armed conflict and environmental disasters.

While a foreign national holds TPS, he or she:

  • may not be removed from the United States;
  • may apply for employment authorization; and
  • may be granted travel authorization.

TPS is a temporary grant of lawful immigration status in the United States that does not lead to citizenship, permanent residence, or any other immigration status.

by SCwpadmin SCwpadmin No Comments

TPS Extended for Haiti

The Department of Homeland Security extended Temporary Protected Status (TPS) for Haitian nationals for 18 months, beginning January 23, 2016 and lasting through July 22, 2017. Haitian nationals who are current beneficiaries of TPS must re-register their TPS status during a 60 day re-registration period that will run from August 25, 2015 until October 26, 2015. Re-registering will enable TPS beneficiaries to apply for a new employment authorization document.

TPS may be granted to foreign nationals who are present in the United States when disaster hits their home country or when conditions in their home country prevent safe return. TPS is granted for temporary conditions such as civil war and/or armed conflict and environmental disasters.

While a foreign national holds TPS, he or she:

  • may not be removed from the United States;
  • may apply for employment authorization; and
  • may be granted travel authorization.

TPS is a temporary grant of lawful immigration status in the United States that does not lead to citizenship, permanent residence, or any other immigration status.

by SCwpadmin SCwpadmin No Comments

I-601A Stateside Provisional Unlawful Presence Waivers Seeking to be Expanded

The I-601A Provisional Unlawful Presence Wavier allows certain immediate relatives of United States citizens to ask that the inadmissibility ground of unlawful presence be forgiven before the applicant departs the United States for consular processing.  Having the I-601A waiver approved before the applicant departs the United States spares the applicant from spending months or even years outside the country while their waiver is adjudicated.

In order to qualify for an I-601A waiver, an applicant must be the beneficiary of an approved immigrant visa petition for an immediate relative and must demonstrate that the applicant’s United States citizen spouse or parent would suffer extreme hardship if the applicant is refused admission to the United States, among other eligibility requirements.

The expansion announced for I-601A waivers would expand the I-601A waiver process to allow lawful permanent residents to serve as the qualifying relative, instead of only United States citizens.  This expansion greatly increases the number of potential applicants who could qualify for an I-601A waiver.

Importantly, this expansion is still in the law-making process and is not yet final.  The I-601A expansion is currently open for notice and comment until September 21, 2015.  After this date, submitted comments will be considered and the proposed expansion may become law.

by SCwpadmin SCwpadmin 77 Comments

Court Invalidates STEM OPT Extension

The D.C. District Court has held that the 17 month extension of Optional Practical Training (OPT) for F-1 graduates in a STEM occupation is invalid.  The court has vacated the rule that allows the 17 month extension, effective February 12, 2016.  At this time STEM graduates with post-completion OPT remain able to apply for the 17th month extension.  We will post further updates as they become available.

 

 

by SCwpadmin SCwpadmin 93 Comments

Modification to H-1B Amnesty

In the latest policy statement from USCIS, issued on July 21st, USCIS has modified their earlier statement on H-1B amnesty. Specifically, USCIS now states that if a person changed location before April 9, 2015 they are not required to file an amended H-1B Petition, and USCIS will generally not pursue a revocation or denial. If the person moved between April 9, 2015 and August 19, 2015 they have until January 15, 2016 to file an amended petition. After August 19, 2015, an amended petition must be filed before the H-1B employee changes location.

The most significant point is that, in most cases, USCIS will not impose consequences on H-1B beneficiaries who changed location before April 9, 2015. Because this statement does not guarantee the absence of consequences, we believe the more conservative approach is to file an amended H-1B petition notwithstanding this new directive. Individuals who changed location after April 9th and before August 19th have until January 15, 2016 to file amended petitions. Please note that an amended petition must now be filed before an H-1B changes locations.

 

 

by SCwpadmin SCwpadmin 423 Comments

USCIS to Implement New Rule for Changes in H-1B Location

On April 9, 2015, the Administrative Appeal Office of USCIS issued a new precedent decision in a case entitled “Matter of Simeo Solutions LLC.” This case held that employers must file an amended H-1B petition when an H-1B beneficiary changes locations. In the past, if an employer filed a new LCA for the new location, it could potentially avoid filing an amended H-1B petition. This case eliminates that possibility and requires an amended H-1B petition when the H-1B changes the location of his or her worksite. USCIS has created an amnesty period for correcting this problem, (see below).

This new rule does not apply, however, if the change in location occurs within the same metropolitan statistical area (MSA) or within normal commuting distance. Therefore, for example, if an H-1B beneficiary moves from one location in Denver to another location in the same city, an amended H-1B petition would not be necessary. Similarly, if an H-1B beneficiary’s worksite changes from Denver to Boulder, an amended H-1B petition would not be necessary since this is considered normal commuting distance. However, in both cases the employer must repost the position at the new location.

USCIS has created an Amnesty for those H-1B beneficiaries who have changed work locations and who have not filed an amended H-1B. Companies have been given until August 19, 2015 to file an amended petition to avoid any consequences caused by a change in location without an accompanying amended petition. If an amended petition is not filed by August 19th, the H-1B beneficiary could be deemed to be out of status which would have a detrimental impact on ongoing immigration status. Also we anticipate that USCIS will be targeting this issue in conducting random or targeted site visits.

We are providing this notice to our clients and suggest that they conduct an audit to make sure that their H-1B employees are still working in the same location as listed on the original LCA, or are working in the same MSA, or within normal commuting distance of the original LCA location. If there has been a change of location, we can prepare an amended H-1B petition.

Since time is of the essence, we suggest that this audit be undertaken as quickly as possible. Please let us know if you have any questions.

by SCwpadmin SCwpadmin 36 Comments

DHS Extends Temporary Protected Status for Somalia

The Department of Homeland Security announced this week that it would extend Temporary Protected Status for Somali nationals for an additional eighteen months. During this period, approved Somali nationals in the U.S. cannot be detained by DHS solely on the basis of their immigration status. They are also eligible to receive work authorization during this time.

The extension will be effective from September 18, 2015 through March 17, 2017. Current Somali TPS beneficiaries who wish to extend their TPS and receive a new Employment Authorization Document must re-register with USCIS between June 1, 2015 and July 31, 2015. The new employment documents will expire on the final day of the extension, March 17, 2017.

Temporary Protected Status, or TPS, is a DHS designation that prohibits immigration detention and grants work authorization when conditions in a country temporarily prevent nationals from returning safely, or when the country is unable to adequately handle their return. TPS may be granted due to armed conflict, environmental disaster, or other extraordinary and temporary conditions.

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