General information

As part of President Obama’s November 2014 executive action immigration reform, a new parole program is being implemented by the Department of Homeland Security to allow family members of Filipino WWII veterans to be paroled into the United States. This initiative will allow family members of Filipino and Filipino-American WWII veterans to enter the United States temporarily for family reunification purposes as well as to administer care and support to their aging family members.  This period of parole into the United States is a discretionary, humanitarian form of immigration admission that does not confer family members with a path to residing permanently in the country.

The official date that this parole program is set to take effect has yet to be announced.  However, it is estimated that approximately 6,000 veterans in the United States will be able to take advantage of this program.

Stern & 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.

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.

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 19^th, 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.