USCIS announced that premium processing of cap-subject H-1B petitions for FY2016 will commence on April 27, 2015. They also stated that the 15-day processing period will begin at that time and not as of the date listed on Form I-797.
Denver Immigration Court Judges to Return to Regular Docket and Procedure
For the past six months the Denver Immigration Court has been operating out of the ordinary. Specifically, two immigration judges at the Denver Immigration Court have been assigned to hear cases originating at the Artesia, New Mexico detention facility via video teleconference. Because two judges were assigned full-time to preside over the Artesia docket, any non-Artesia cases previously scheduled to be heard by these judges were being cancelled and rescheduled.
The Executive Office for Immigration Review announced this week that the Denver Immigration Court will soon return to normal. A few months ago the Artesia, New Mexico detention facility was closed and all detainees were transferred to the Dilley, Texas Residential Detention Facility. This facility, which was recently expanded to host 2,400 beds, will now have detainees’ removal cases reassigned to immigration judges at the Miami Immigration Court. This transition is set to begin May 1, 2015. All cases in which a Denver immigration judge has already begun to hear contested evidence will remain with that judge.
Respondents with cases at the Denver Immigration Court can expect their cases to begin going forward as scheduled.
USCIS Reaches the H-1B Cap for Fiscal Year 2016
The H-1B lottery cap and the advanced degree Master’s cap have been reached for fiscal year 2016. USCIS will now apply a random, lottery process to select the 65,000 H-1B cap-subject petitions that will be issued H-1B visas. First, USCIS will randomly choose petitions for the advanced degree Master’s cap exemption to the H-1B cap. Once these 20,000 petitions are selected, all unselected advanced degree Master’s cap petitions will be added to the general lottery and 65,000 petitions will be selected. USCIS has not announced when it will perform the lottery process. H-1B petitions that are cap-exempt may still be submitted to USCIS for consideration.
Army to Expand Military Accessions Vital to the National Interest Program for LPRs
The Military Accessions Vital to the National Interest Program, or “MAVNI,” is a program that authorizes various branches of the military to recruit individuals with legal immigration status. Such individuals must possess skills considered to be “vital to the national interest” or otherwise critical to the military. MAVNI expressly provides eligibility for certain health care professionals in areas where the military has a need for more recruits and individuals with special language and cultural backgrounds.
The MAVNI program was initially created in 2008 and could accept a maximum of 1,000 recruits. In 2012 the program was revised and the cap was raised to 1,500 recruits. Now, the program will be increased to accommodate 3,000 recruits in 2015 and 5,000 recruits in 2016. DACA recipients are explicitly deemed eligible to apply.
Under the Immigration and Nationality Act, non-citizens who serve honorably in the United States military on or after September 11, 2001 during periods of hostilities are eligible to immediately file for citizenship. Non-citizens who serve honorably in the U.S. military in times of peace may qualify for United States citizenship after serving honorably in the armed forces for at least one year while having lawful permanent resident status.
Challenge to President Obama’s Immigration Reform Moves to 5th Circuit
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.