The lawsuit filed by 26 states against President Obama’s Expanded DACA and DAPA immigration reform programs has been officially scheduled before the 5th Circuit Court of Appeals in New Orleans, Louisiana. The 5th Circuit will hear arguments from both sides on April 17, 2015 to decide whether the temporary hold on President Barack Obama’s immigration executive action should be lifted. The Department of Justice, who is defending the President’s Immigration programs, argues that the hold on Expanded DACA and DAPA interferes with the Department of Homeland Security’s ability to keep our borders secure. In contrast, the 26 states, led by Texas, argue that the President’s implementation of executive action was unconstitutional.
New Guide for E-Verify Users
Employers who utilize E-Verify now have a new guide available to assist them. USCIS recently released the Supplemental Guide for E-Verify Employer Agents and retired the previously published E-Verify User Manual and the E-Verify Quick Reference Guide. Here is a link to access the new guide.
USCIS Resumes Accepting H-2B Visa Applications
Beginning March 17, 2015 the Department of Homeland Security will resume accepting H-2B visa applications. The adjudication of H-2B visas was previously placed on hold due to the pending lawsuit of Perez v. Perez. H-2B premium processing will continue to be unavailable.
The H-2B non-agricultural temporary worker program permits U.S. employers to hire noncitizens to fill temporary non-agricultural jobs. There is a “cap,” or numerical limit on the total number of H-2B visas that may be allocated each fiscal year. Currently, this cap is set at 66,000, and 33,000 H-2B visa applications are accepted during each half of the fiscal year. H-2B visas may be issued for up to a three-year period. Please contact Stern & Curray if you are interested in learning more about an H-2B visa.
Federal Judge Keeps President Obama’s Expanded DACA and DAPA Programs on Hold
Federal Judge Andrew Hanen denied a request from the Department of Justice that would have allowed the President’s Expanded DACA and DAPA programs to move forward during the course of the current lawsuit. By declining to consider this request, President Obama’s Executive Action immigration reform programs will remain on hold at least until a court hearing set for March 19th, 2015. Applicants will not be able to apply for Expanded DACA or DAPA until a court rules that the President’s immigration reform programs can go forward. Applicants who qualify for the original DACA announced in June 2012 may continue to apply for this program.
House of Representatives Passes Bill to Fund the Dept. of Homeland Security
After months of debate and anxiety, the House of Representatives voted this week to fully fund the Department of Homeland Security, or DHS. DHS is the federal agency charged with managing border security, customs, emergency management, and counter-terrorism intelligence. The vote the week prevents the agency’s shutdown and will keep DHS fully funded until the end of September. The bill passed with a 257-167 vote and is expected to be quickly signed by President Obama.
Work Authorization for H-4 Visa Holders
USCIS announced today that spouses of certain H-1B visa holders working in the U.S. will soon be able to apply for work authorization of their own. Details on this new regulation will be published in the Federal Register tomorrow, but here’s what we know now.
In order for the spouse in H-4 status to apply, the spouse in H-1B status must be eligible for H-1B visa extensions based on either of the following:
- An approved I-140 employment immigrant petition; or
- A filed Labor Certification application before the end of the 5th year in H-1B status.
Applications for H-4 work authorization will be accepted on May 26, 2015, but not before that date.
We know that people are eager to learn more about whether their spouse can receive work authorization under this new rule. We are offering a free teleconference to explain the details on March 12, 2015 at 12:00 pm MDT. To register and receive instructions for accessing the free teleconference, please RSVP here.
We will post updates on our blog and on our Facebook page as new policies and regulations take effect. You can also stay abreast of developments at www.uscis.gov.
Federal Judge Halts Expanded DACA and DAPA
Monday night Federal Judge Andrew Hanen granted an injunction that temporarily stops the implementation of President Obama’s Expanded DACA and DAPA Programs. Because of this injunction, Department of Homeland Security Secretary Jeh Johnson announced that applications for Expanded DACA will no longer be accepted on February 18th as was originally planned. Instead, the Expanded DACA and DAPA Programs have been put on hold until Judge Hanen’s ruling is either reversed or a different ruling is issued. This means that the Obama administration is unable to implement either Expanded DACA or DAPA until this lawsuit is resolved.
This ruling only impacts Expanded DACA and DAPA. Applications for the original DACA issued in June 2012, renewals, and extensions under original DACA are not affected.
This injunction derives from a lawsuit joined by 26 states that are suing President Obama over his executive action immigration reform issued in November 2014. If Judge Hanen’s injunction holds, these 26 states will be able to proceed with their lawsuit while the Expanded DACA and DAPA programs remain on hold.
H-2B Visas Hit the Cap for the First Half of Fiscal Year 2015
The H-2B visa program allows for employers to bring non-agricultural workers to the United States to fill temporary jobs such as seasonal work. There is a statutory limit, or cap, on the number of temporary workers that may be granted an H-2B visa during each fiscal year. At present, the H-2B visa cap is set at 66,000 visas per fiscal year, 33,000 in the first half of the year and 33,000 in the second half. USCIS recently announced that January 26, 2015 was the final receipt date for H-2B petitions for the first half of fiscal year 2015. Any H-2B petitions received after January 26, 2015 will be rejected by USCIS. H-2B cap exempt applications will continue to be accepted.
Please call our office for more information about filing for an H-2B visa for the second half of the fiscal year.
Benefits of the Colorado Road and Community Safety Act Cut for Undocumented Immigrants
Beginning February 2, 2015, foreign nationals living in the United States without authorization will have a much more difficult time getting a driver’s license in Colorado. Following a vote by the Joint Budget Committee to restrict funding for the Colorado Road and Community Safety Act, the DMV has been forced to downsize their ability to offer driver’s licenses to immigrants who are in the country without authorization.
The DMV’s Denver Central office is now the only location in the State of Colorado that can issue driver’s licenses to undocumented immigrants. These licenses are valid for three years and are restricted – meaning they do not serve as federal identification for air travel purposes, cannot be used for an I-9, and cannot be used to apply for public benefits. Driver’s licenses for immigrants present in the United States without permission may be obtained by appointment only. However, due to the lack of funding, the DMV office is not currently accepting new appointments. Those seeking to make an appointment for a license are directed to visit www.colorado.gov/dmv on or after Jan. 5, 2016 to schedule an appointment. Foreign nationals interested in learning more about obtaining a driver’s license can visit this website for more information.
Can You Pass the Citizenship Exam?
When a foreign national seeks to become a United States citizen they must apply for naturalization (the process by which U.S. citizenship is conferred to a noncitizen), attend an interview before Citizenship and Immigration Services, and pass the citizenship exam. This citizenship exam consists of 100 possible questions of our country’s history, government, and civics. To pass, a person much answer six out of ten questions correctly, or earn a 60%.
Earlier this month, Arizona became the first state in the nation to pass legislation requiring its high school students to pass the citizenship exam before they are allowed to graduate. Several other states are following Arizona’s lead: “North Dakota’s House of Representatives has passed a comparable bill, and its Senate approved it Tuesday; legislators in Indiana, Massachusetts, Tennessee, Utah, Virginia and seven other states have recently introduced similar initiatives.” See how well you can do on the test by taking a mock test here.