The long drawn-out battle for President Obama’s Executive Action programs such DAPA and Expanded DACA may be heard and decided this summer at the United States Supreme Court. These programs, which were announced more than one year ago, have been in limbo pending a lawsuit brought against the Obama Administration by 25 states led by Texas. As a result of this lawsuit an injunction was ordered which stopped these programs from being put into place. Now, if four of the nine Supreme Court Justices decide to accept this case it will likely be argued before the Court in April and decide by the end of June. If the Court rules in the President’s favor, the injunction against the implementation of DAPA and Expanded DACA will finally be lifted and President Obama will see his Executive Action programs take effect before he leaves office.
16 Countries Added to H-2A and H-2B Visa Programs
The H-2A and H-2B visa programs have been expanded to include Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, and Timor-Leste. This update also resulted in Moldova being removed from the H-2B program list. H-2A and H-2B visas allow U.S. employers to petition for foreign nationals who will come to the United States to work in seasonal positions or temporary agricultural and nonagricultural jobs. For more information on H-2A or H-2B visas please contact a Stern & Curray attorney.
Revised Welcome Guide for New Immigrants Available from USCIS
US Citizenship and Immigration Services recently released a revised guidance book titled “Welcome to the United States: A Guide for New Immigrants.” This publication can be downloaded for free at: http://www.uscis.gov/news/alerts/uscis-updates-welcome-guide-new-immigrants.
The updated guidebook is available in 14 languages and provides information such as how to get a social security number, paying taxes, and information about health insurance, education, and the United States’ system of government.
Proposed Rule would Extend STEM Extension to 24 Months
A new rule was proposed today seeking to extend the STEM (Science, Technology, Engineering, and Math) OPT (Optional Practical Training) extension from the current limit of 17 months to a maximum of 24 months. This proposed rule would extend the period of time that international students who have graduated from US universities with their Bachelor’s, Master’s and/or Doctorate degree in a STEM field can be authorized to work in the United States following the completion of their degree. In addition, the proposed rule renders international students who earn a subsequent STEM degree at a higher education level eligible for a renewed 24 month period of work authorization; at present, the 17 month STEM OPT is a one-time grant.
This proposed rule is currently in the rule-making process and is open for notice and comment. Anyone who wishes to comment on this proposed may do so for the next 30 days. After the close of the notice and comment period a final version of the rule will be published in the Federal Register. NOTE: The lawsuit filed against the STEM OPT 2008 extension rule is currently on hold until February 2016, allowing the Department of Homeland Security to reissue the STEM OPT rule following the proper notice and comment procedures.
New Parole Program for Filipino WWII Veterans
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.
Congratulations to our New Associate Attorney!
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.
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.
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.
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.
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.