Author: CYA

by CYA CYA 45 Comments

Change in Policy Regarding Travel on Advance Parole

In an unannounced dramatic change in policy, USCIS has changed how it is handling advance parole applications for adjustment applicants in H or L status.

Previously those applicants with H or L status could freely travel after their adjustment of status application was filed and their application for advance parole was pending with USCIS. Such individuals would return to the U.S. in H or L status and then their advance parole travel document would be approved so that on their next trip they could use advance parole to travel internationally.

USCIS has changed its policy. Adjustment of status applicants may continue to travel if they have H or L status.  However, any adjustment of status applicant who travels while the advance parole application is pending at USCIS will have the advance parole application denied.  Therefore, if an adjustment of status applicant wishes to travel on advance parole, he or she must apply for advance parole and wait until it is approved before leaving the United States.  As always, it is required that the person traveling on advance parole return to the United States during the validity period of the advance parole.

Stated another way, adjustment of status applicants in H or L status have the following options regarding travel:

  • Travel in H or L status while the adjustment of status application is pending; or
  • Apply for advance parole understanding that you cannot travel until your advance parole is approved. Were you to travel on your H or L visa while your advance parole application remains pending, the advance parole would be denied.
by CYA CYA 682 Comments

(Another) New Form I-9 Released

As of September 18, 2017, employers must use a revised Form I-9 (rev. 7/17/17) to verify new employee work eligibility.  The revised document is available here:  www.uscis.gov/i-9. You will also find a copy attached, with the changes highlighted.

This most recent revision was released just six months after employers were required to begin using the 11/14/16 version of the form. We have no idea why USCIS initiated the change.  The good news is that the new form is very similar to the old form.  The bad news is that they both have the same expiration date, so you must pay close attention to the revision date in the bottom left corner to ensure you are using the correct Form I-9.  The new version  date is 07/17/17.

Can I keep using the old form?

No, beginning September 17, 2017, employers must use the new form for any new hires; however, current employees do not need to complete new forms.  Keep the forms you already have for current employees and use the new form for new hires.

What has changed?

The list of acceptable documents to establish employment authorization (“List C”) has been revised and reorganized. In addition, the Consular Report of Birth Abroad (Form FS-240) has been added to that list.  These changes have been highlighted in the attached I-9 form.

Additionally, there are minor revisions to the instructions although they should not affect employer practices. The Handbook for Employers was also revised.  You can obtain the latest version at:  https://www.uscis.gov/i-9-central/handbook-employers-m-274

How long do I keep the form?

The required retention period remains unchanged. Employers must keep the form for the later of three years after date of hire or one year after date of termination.

Feel free to give us a call if you have any questions about the Form I-9 or work eligibility verification.

by CYA CYA No Comments

The RAISE Act – Proposed Bill in the Senate

On February 13, 2017, the RAISE Act (Reforming American Immigration for Strong Employment) was introduced in the Senate. In August, 2017, President Trump publicly backed a new, modified version the bill.

The RAISE Act proposes a number of changes to current immigration policy. You can find a more detailed description of the adjustments here. Below is a summary of some of the key provisions.

First, the RAISE Act would reduce the number of legal permanent resident immigrants by 50% over the next 10 years.

The RAISE Act would also change the current visa application system, turning it into a “merit-based” immigration system. The RAISE Act would institute a points-based system considering different factors, such age, education, and English-language ability. This type of system is used in Canada and Australia.

Additionally, the RAISE Act would alter the current preference system set up for family-based immigration. It would eliminate the preference for the extended and adult family members of U.S. residents. Preference would continue to be given to spouses and children under the age of 18.

Currently, there is a diversity visa program that provides visas for a certain number of immigrants who lack family or employment-based immigration options. Out of the millions of people that apply to the lottery system, 50,000 are chosen and granted visas. The RAISE Act would eliminate this program.

The RAISE Act would also cut the number of refugees allowed annually from 110,000 to 50,000.

The RAISE Act does not, however, make any changes to seasonal visas for guest workers.

To become law, the RAISE Act will have to be passed by both the Senate and the House of Representatives. During the review process, changes may be made to the bill. If both the Senate and the House pass the RAISE Act, President Trump can then sign the final version into law.

by CYA CYA 102 Comments

Which States Offer Tuition Benefits for Immigrants

As of July 21, 2017, twenty-one states offer in-state tuition to certain undocumented immigrant students through legislative action at the state level or through the universities themselves. Most require that students attend and graduate from state high schools, be accepted to a state university, and promise to apply for legal student when eligible. Some of these states also allow undocumented student to apply for financial aid. There has, however, been considerable pushback in certain states from lawmakers who seek to revoke the in-state tuition policies, including Texas and Connecticut. In fact, in 2011, Wisconsin revoked its in-state tuition policy for undocumented immigrants in 2011.

On the other side of the coin, six states have enacted legislation that explicitly barred undocumented students from in-state tuition benefits (as of 2015). Arizona is one of those states. In 2006, voters enacted Proposition 300 which prohibits public benefits for anyone living in Arizona without legal status. In 2015, though, a trial court judge ruled that undocumented students who were granted deferred action (DACA recipients) were considered “legally present” and therefore qualified for state benefits. On June 20, 2017, however, the Arizona Court of Appeals overturned the trial judge’s decision and found that DACA recipients are not automatically eligible for the benefit of in-state tuition. Proposition 300 therefore continues to bar them from qualifying for in-state tuition. 

You can find a color-coded map of the states that do and do not offer tuition benefits for undocumented immigrants here (as of 2015), along with a list of enacted bills related to immigrant tuition benefits.

Read about debate over undocumented student tuition here.

 

by CYA CYA 470 Comments

New Dream Act of 2017 Introduced in the Senate and the House

On July 20, 2017, Senators Lindsay Graham (R-SC) and Dick Durban (D-IL) introduced a bipartisan bill entitled the Dream Act of 2017. On July 26, 2017, Representatives Ileana Ros-Lehtinen and Lucille Roybal-Allard introduced the House version to the House of Representatives.

This Dream Act is not the first immigration reform attempt relating to DREAMers. Versions have been introduced over the past years but have never passed.

The Dream Act of 2017 would allow young people brought to the U.S. as children to apply for lawful permanent residence, if they meet certain requirements. Some of the qualifications include:

  1. Long-term residency in the U.S. since childhood
  2. Graduation from high school or receipt of a GED
  3. Pursuance of higher education, lawful employment for at least 3 years, or service in the military
  4. Passing background checks
  5. Demonstrated proficiency in English and a knowledge of U.S. history
  6. No convictions for felonies or other serious crimes

If passed, it would likely provide a pathway to citizenship for many of the 600,000 young people who are currently registered under DACA, or Deferred Action for Childhood Arrivals.

The one-page description of the proposed Senate Bill can be found here. A section by section outline can be found here.

by CYA CYA No Comments

An extra 15,000 temporary work visas offered this year

About the H-2B

The H-2B visa is for seasonal, non-agriculture workers. These types of jobs include those at resorts, landscaping companies, and seafood harvesters. Only nationals of certain countries are eligible for an H-2B visa. The list of eligible countries can be found on USCIS’s website here.

The statutory annual limit is set at 66,000. Half are granted to those who start work between October and March, and the other half are granted to those who start work between April and September. Certain individuals are exempt from the cap.

Shortage of workers and cap increase

Many seasonal businesses have noted a shortage of Americans willing to do these jobs and sought permission to hire more immigrants. Just in March of this year, NPR released a story discussing how the cap had already been reached and resort towns in Maine were worried about their ability to find workers for their peak season.

In response to these concerns, earlier this year Congress voted to allow Homeland Security to offer up to 70,000 additional visas as a “one-time extension.” This week, the administration announced it would be offering an additional 15,000 visas to “help American businesses in danger of suffering irreparable harm because of a shortage of such labor.”

Process for applying for an H-2B

To apply for an H-2B visa, the employer must submit a petition and show that there (1) there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work, (2) employing an H-2B worker would not adversely affect the wages and working conditions of similarly employed U.S. workers, and (3) its need for the prospective worker’s services or labor is temporary (based on a one-time occurrence, a seasonal need, a peakload need, or an intermittent need).

by CYA CYA 364 Comments

USCIS Resumes H-1B Premium Processing for Conrad 30 and Interested Government Agency Waivers

On June 8, 2017, we posted about USCIS’s suspension of the H-1B premium processing option, an option which had allowed for an expedited review process. The suspension was put in place to allow for USCIS to clear its backlog of pending petitions; however, many argued that it would have a severe negative impact on industries that rely on foreign workers.

On June 26, 2017, USCIS resumed premium processing of H-1B petitions filed for medical doctors under the Conrad 30 program and those filed under interested government agency waivers.

The Conrad 30 program allows foreign born doctors to stay in the U.S. after completing their medical training to work in areas that have shortages of physicians. These communities have come to rely on foreign doctors. In his statement announcing the resuming of premium processing, the USCIS Acting Director affirmed that “[the Conrad 30] program improves health care access for Americans living in underserved areas.”

The suspension of premium processing still applies to all other H-1B case types; however, USCIS states that it will resume the process “as workloads permit.”

 

by CYA CYA 44 Comments

Denver Reforms Sentencing Ordinance to Help Immigrants

Last month, by a vote of 12-0, the Denver City Council approved a reform to the city’s low-level court sentences to reduce some of the maximum penalties.

Though Mayor Hancock stated that the reforms were long overdue, they were also made, in part, to help immigrants avoid deportation. When noncitizens get convicted of a crime that carries a potential penalty of at least a year in jail, they can be put on Immigration and Customs Enforcement’s radar. Regardless of the sentence they actually receive, the maximum sentence of certain crimes can make a noncitizen deportable.

The sentencing reform splits violations of city ordinances into three categories depending on the severity of the crime. The most serious seven crimes still carry a maximum of a year in jail and a $999 fine. The next category is reserved for midlevel offenses, such as trespassing and shoplifting. These crimes carry up to 300 days in jail and a $999 fine. The last category is for petty crimes, which carry up to 60 days in jail and no fine. Petty crimes include public urination, curfew violations, and panhandling. 

The reform also adds a “hate crime enhancement” that will allow prosecutors to ask for a boost of lower-tier offenses to the top level if the crime was motivated by a specific attribute, such as race, religion, or sexual orientation.

More serious, state level crimes tried in district court are not be impacted by these reforms. Only those violations that are tried in Denver County Court are affected.

 

by CYA CYA 97 Comments

Trump Administration Keeps DACA Program

Department of Homeland Security (DHS) Secretary John Kelly signed a memorandum on June 15, 2017 keeping in place the Deferred Action for Childhood Arrivals (DACA) program but ending the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. The administration references the fact that DAPA was never implemented and stricter immigration enforcement priorities as reasons for the shift in policy. A press release states, “there is no credible path forward to litigate the currently enjoined policy.”

DAPA, the Obama era policy, was first announced on November 20, 2014 when then Secretary of DHS Jeh Johnson expanded the DACA policy to include parents of Americans and lawful permanent residents. The policy directed the United States Citizen and Immigration Services to establish a process for exercising prosecutorial discretion through the use of deferred action. On a case-by-case basis, the policy allowed for individuals who have no lawful status, have U.S. born children, and have been in the country since before January 1, 2010 to be lawfully present in the United States.

The DAPA program was challenged in court by twenty-six states in the Unites States District Court for the Southern District of Texas, which enjoined the program. The United States Circuit Court of Appeals for the Fifth Circuit affirmed the preliminary injunction and the United States Supreme Court, in a 4-4 ruling, left the lower court’s ruling in place.

The DACA program allows certain people who came to the United States as children, and who meet certain criteria, to request consideration of deferred action for a period of two years and they may be eligible for work authorization. While the DAPA program has been rescinded, the DACA program will remain in effect. This means that people who are currently in lawful status under the program will still be able to renew their existing period of DACA if it is expiring and continue to work in lawful status if they were granted work authorization.

 

by CYA CYA 370 Comments

H-1B Premium Processing Suspended in April

The H-1B visa allows U.S. companies to hire graduate-level works in certain specialized fields. The application process for this type of visa can take up to a few months, mainly because of how long it takes for USCIS to review the application. Until April 2017, USCIS offered a “premium processing” option, which expedited the review process. Through the expedited process, applicants could receive approvals within 15 days. In April, however, the Trump administration temporarily suspended premium processing for up to six months, in an effort to reduce the backlog of long-pending visa petitions.

 

Some argue that the suspension of the expedited process is having a negative effect on a number of industries that rely on foreign workers. In addition to creating practical inconveniences for tech companies and their potential employees, the suspension is also impacting the healthcare industry. In areas of the U.S. that have shortages of American physicians, the communities have started to rely on foreign-born physicians. When premium processing was still an option, foreign-born doctors at completing their residencies at U.S. institutions could receive a job offer, apply for an H-1B visa, finish their residency, and start working within a few weeks. Now, that process could take months, causing a delay that could negatively impact the people in those underserved communities.

 

Others argue that this suspension is necessary to clear up the backlog and is the first step towards more comprehensive reform to the H-1B visa program. They assert that the current lottery system is not adequately responding to the needs of the U.S. economy and it results in American workers being replaced by foreign visa holders. To respond to these concerns, several bills have been introduced in recent months to reform the H-1B visa system.

 

In the coming months, the H-1B program may continue to experience changes. We will update you as to any major developments here on our blog.

 

Top