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by SCwpadmin SCwpadmin 80 Comments

USCIS Announces that the H-1B Cap has been Reached

On April 7, 2016 U.S. Citizenship and Immigration Services (“USCIS”) announced that it had received more than the statutorily allowed number of H-1B petitions for fiscal year 2017.  As such, USCIS will no longer accept H-1B petitions for this fiscal year.  In the one week that USCIS accepted H-1Bs the agency received more than 236,000 H-1B petitions.  Under the law a maximum of 65,000 H-1B petitions may be issued per year, in addition to a limit of 20,000 H-1B petitions filed under the Master’s Cap for those with advanced degrees from U.S. colleges and universities.

Since the H-1B Cap has been closed, USCIS performed the random computer-generated lottery process to select which H-1B petitions will be counted under the Cap.  In the coming weeks USCIS will reject and return all unselected H-1B petitions with their filing fees.  Those who received an H-1B Cap number will begin to receive receipt notices.  USCIS will continue to accept H-1B Cap exempt petitions.

by SCwpadmin SCwpadmin 8 Comments

E-Passports Required for Entry into U.S. on Visa Waiver Program

Starting April 1, 2016, E-Passports are required for all non-citizens who plan to travel to the United States on the Visa Waiver Program.  E-Passports are enhanced security passports that have a machine-readable zone on the front biographic page that has a digital chip which contains the identity information of the traveler.  E-Passports are being required by the Visa Waiver Program because they increase security, provide greater protection against tampering, and protect against fraud.  Non-citizens seeking to enter the U.S. on the Visa Waiver Program can obtain an E-Passport from the standard passport issuing authority.

 

 

 

by SCwpadmin SCwpadmin 722 Comments

More than Half of U.S. Startups Valued at More than $1 Billion are Founded by Immigrants

A study recently released by the National Foundation for American Policy has found that more than half of startups in the United States that are valued at more than $1 billion are founded by immigrants.  In addition, the study found that in 71% of these $1 billion startups immigrants occupy important management and product development positions.  While the majority of foreign entrepreneurs who have founded $1 billion startups in the United States hail from India, nationals from Canada, the United Kingdom, Argentina, and Singapore also made the list.

At present, there are only a select few visas that allow entrepreneurs to come to the United States for work.  Business and work visas are limited, with the ever-popular H-1B visa being a challenge for many to attain due to the limited number of visas available each fiscal year (65,000 plus 20,000 for the Masters CAP).  According to the report by the National Foundation for American Policy, the $1 billion startups in the United States owned by immigrants currently employ more than 33,000 people and are valued at a combined $168 billion.  Given the success of these companies, supporters argue that United States immigration laws should be updated to provide for an easier path for foreign entrepreneurs to come to the United States.  To learn more about what visas are available for entrepreneurs in the United States please schedule a consultation with one of our attorneys.

 

by SCwpadmin SCwpadmin 33 Comments

Department of Homeland Security Establishes Program to Randomly Inspect Immigration Detention Centers

For years, immigration detention centers at Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) have been criticized by immigration attorneys and activists for their sub-standard and inhumane conditions.  In particular, immigration attorneys, activists, and detainees regularly complained of inadequate showers, toilets, food, bedding, and access to medical care, among other complaints.  Overcrowding, cold temperatures, and restricted access to telephone calls and visitation have also been significant problems.  It has long been the practice of the Department of Homeland Security to allow immigration detention centers to exist largely free from accountability for these deplorable conditions.  However, in a recent announcement, the Department has stated that it will now begin conducting random inspections of CBP and ICE immigration detention facilities in order to ensure compliance with governmental health and safety standards for detention facilities.  Also of importance, the results of these inspections are to be made available to lawmakers and the public.  This is a step forward for ensuring agency transparency and accountability as well as for making sure that the basic needs of detainees in immigration detention are met.

 

by SCwpadmin SCwpadmin 79 Comments

DHS Announces Final Rule on OPT Extension for Select STEM Students

Certain F-1 students will now be able to extend their optional practical training period (OPT) by 24 months under a new final rule published by the Department of Homeland Security on Friday. This extension will allow STEM graduates to supplement their academic knowledge with practical workplace experience. The rule also includes requirements for the employer to protect the integrity of the training program and safeguard U.S. workers from any adverse effects.

 Who is Eligible?

 The new 24-month OPT extension is only available to F-1 students who have earned a qualifying STEM degree from an accredited school in the United States. The specific fields of study that qualify as a basis for a STEM extension can be found on the Department of Education Classification of Instructional Program Categories. Students may use a previously-earned STEM degree to apply for the extension, but the STEM degree must be from an accredited U.S. school certified by SEVP to receive F-1 students, and the student’s most recent degree must also be from an accredited and SEVP-certified school.

 Employer Requirements

 Apart from the degree requirement, the rule also places requirements on the employers. Specifically, all STEM OPT employers must participate in DHS’s E-Verify program, and the employer must incorporate a formal mentor and training program that includes concrete learning objectives and oversight. In an effort to guard against any adverse effects on U.S. employees, employers will also be required to attest that 1) the employer has the resources and personnel to provide training and mentoring, 2) none of the employer’s full- or part-time U.S. workers will be terminated, laid off or furloughed as a result, and 3) the student’s opportunity assists the student in attaining his or her training objectives. Additionally, both the student and the employer will be required to report any changes in employment status or material changes to the student’s training plan to their designated school officials. Finally, the rule clarifies that DHS may conduct employer site visits to verify whether employers are meeting the program requirements.    

 OPT Background

 Normally, F-1 nonimmigrant student must return to their home country upon completion of their studies. The OPT program allows F-1 students to remain and work in the United States after completing their degree. This employment period is intended to supplement the student’s formal education and provide valuable on-the-job workplace experience. The OPT program is available to F-1 students in all academic fields except English Language programs. The initial OPT period is limited to 12 months, but the new rule will allow F-1 students with STEM degrees to extend their OPT period by an additional 24 months, for a total of three years. The new rule replaces the previous 17 month extension available to STEM OPT students.

by SCwpadmin SCwpadmin 85 Comments

California Universities Provide Low-Interest College Loans to Dreamers

Public Universities in California are leading the nation by being the first to provide low-interest college loans to Dreamers.  The law making this possible appropriates funding through the California DREAM loan allotment and currently totals a fund of $7 million.  Each applicant will be eligible to borrow up to $4,000 for each academic year at 4.29% interest.  Like many other student loans, students will have a 6 month grace period before they must begin repaying the loan.  Approximately 10,000 students may be eligible to qualify for a loan, which would help reduce the cost of their college tuition and help make attending college a reality for more students.  This will come as an immense help to noncitizen children living in the United States who do not qualify for federal financial aid.

by SCwpadmin SCwpadmin 80 Comments

It’s H-1B Season!

It’s H-1B season! As a reminder to employers in the tech industry and other sectors that rely on H-1B workers, employers must file their H-1B petitions April 1, 2016 to try to obtain one of the limited H-1Bs with a start date of October 1, 2016.

There are a total of 85,000 H-1B visas available each year, with 20,000 of those reserved for individuals who obtained a master’s degree or higher in the U.S.  During the first week of April last year, USCIS received nearly 233,000 petitions, up from the 172,500 petitions received in 2014. As such, time is of the essence. Please contact us now if you have employees currently on working on OPT or if you are recruiting foreign nationals and you would like to submit an H-1B visa on their behalf.

 

 

by SCwpadmin SCwpadmin 80 Comments

Further Restrictions for the Visa Wavier Program

The Department of Homeland Security is expanding restrictions to the Visa Waiver Program.  At present, the Visa Waiver Program allows citizens of 38 specified countries to travel to the United States for 90 days or less without first obtaining a visa.  However, a new law established in December 2015 created new travel restrictions to the Visa Waiver Program intended to tighten national security.  This new law made nationals of Visa Waiver Program countries who have traveled to or been present in Iran, Iraq, Syria, or Sudan on or after March 1, 2011 ineligible to participate in the Visa Waiver Program.  Similarly, nationals of Visa Waiver Program countries who are also nationals of Iran, Iraq, Syria, or Sudan are precluded from the Visa Waiver Program.

On February 18, 2016 the Department of Homeland Security announced that it is also including Libya, Somalia, and Yemen on the above-mentioned list of countries of concern.  While individuals who have visited these countries since March 1, 2011 or are dual nationals of these countries are ineligible to participate in the Visa Waiver Program, they may still apply for a visa to enter the United States at a U.S. consulate or embassy.  If entry on the Visa Wavier Program is in the best interest of national security or law enforcement, an applicant can also apply for a waiver of these travel restrictions from the Department of Homeland Security.

by SCwpadmin SCwpadmin 75 Comments

Lawmakers Sponsor Bill to Provide Legal Counsel to Children in Deportation Proceedings

Senator Harry Reid of Nevada and several other democratic lawmakers have introduced a bill that would require the Attorney General to appoint legal counsel for children in removal proceedings.  The current immigration laws do not provide counsel for immigrant adults or children in removal proceedings.  At present, unrepresented immigrant families and unaccompanied children are required to represent themselves before the immigration judge and are forced to defend themselves against well-trained trial attorneys from the Department of Homeland Security, unless they can afford to hire an immigration attorney.  Not surprisingly, having an immigration attorney significantly increases the likelihood that the immigrant will be successful before the immigration court.  Statistics support that almost half of children in removal proceedings are without counsel and almost 70 percent of families in immigration proceedings are without counsel.  The purpose of this bill introduced by Senator Reid is to provide minors and other vulnerable populations with the right to counsel.  Given the political divide on immigration, Senator Reid’s bill will undoubtedly face opposition in Congress.

 

 

by SCwpadmin SCwpadmin 493 Comments

Woman Given Advanced Permission to Travel was Deported on her Return to the U.S.

Lesly Cortez-Martinez, an undocumented mother of 3 United States citizen children, was deported last week after the United States granted her advanced permission to travel to Mexico.  Ms. Cortez-Martinez immigrated to the United States at the age of 15 with her family and was granted Deferred Action for Childhood Arrivals, or DACA.  Before traveling to Mexico she requested advanced travel permission from the United States government to allow her to visit her family in Mexico and return to the United States.

When Ms. Cortez-Martinez attempted to return from visiting her family and re-enter the United States last week at Chicago O’Hare International Airport immigration authorities detained her due to a 2004 deportation order that was in Ms. Cortez-Martinez’s immigration history.  Despite having the advanced permission to travel, Ms. Cortez-Martinez was deported back to Mexico because of this 2004 deportation order.

After national outrage at the Department of Homeland Security’s decision to deport Ms. Cortez-Martinez, she was allowed to re-enter the United States and be reunited with her husband and three children.  The Department of Homeland Security has stated that Ms. Cortez-Martinez will likely be placed into deportation proceedings after her return.  Ms. Cortez-Martinez’s experience raises significant concerns for other noncitizens who have been granted advanced travel permission and highlights the risks involved in international travel plans on advanced parole.

Before international travel, and especially for those who are traveling on advanced parole, noncitizens should consult with an experienced immigration attorney to discuss the risks involved in their travel before departing the United States.

 

 

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