Beginning in early 2015, the Haitian Family Reunification Parole Program will enable eligible Haitian relatives of United States citizens and legal permanent residents (LPRs) to receive a grant of humanitarian parole. This program will allow Haitian relatives who have already initiated the process of lawfully immigrating to the United States (those who have an approved family-based immigration visa petition) the opportunity to come to the United States to live, and in many cases work, sooner. The aim of this program is to limit family separation, which is a welcome reprieve for families who have been separated for quite some time already due to quotas and annual caps. The Haitian Family Reunification Parole Program is set to benefit Haitian relatives who are scheduled to receive their entry visas within two years.
Democrats from the House of Representatives Condemn DHS’s Family Detention Program
This week, thirty-two Democrat House Representatives led by Representative Zoe Lofgren from California signed a letter sent to President Obama to express their concerns regarding DHS’s potential expansion and continuation of Family Detention. At present, DHS operates three family detention centers across the country: Artesia, Karnes, and Berks. These three facilities house more than 1,000 women and children, many of whom are fleeing from persecution in their home countries. DHS is considering opening a fourth family detention facility in Dilley, Texas in the near future. As proposed, this facility would have the capacity to house approximately 680 women and children with a possible expansion to 2,400 beds in 2015.
Representative Lofgren’s letter to President Obama raises three chief concerns with the current operation of family detention that would be exacerbated through the opening of the Dilley Facility. These concerns include: 1) no-bond or unreasonably high bond determinations; 2) discrepancies in credible fear rate; and 3) the absence of child care in the above-mentioned family detention facilities.
Given these concerns, Democratic Representatives urge President Obama to put a stop to the expansion of family detention through the Dilley Facility until these primary concerns are adequately addressed and corrected.
New Mandatory Employment Verification Affirmation Form For Colorado Employers
Effective October 1, 2014, all employers in Colorado will need to use the NEW Mandatory Affirmation Form when hiring a new employee in Colorado. Under state law, when an employer hires an individual in Colorado, in addition to completing the federally required Form I-9, the employer must complete and retain a mandatory Colorado Affirmation. The employer must also copy and retain the document(s) each new employee presents as proof of employment authorization. Colorado employers are to complete the state affirmation within 20 days of hiring a new employee. However, the Colorado Department of Labor and Employment advises employers NOT to retroactively complete affirmations for existing employees, even if they were hired since the law went into effect January 1, 2007. You may obtain the form at:
https://www.colorado.gov/pacific/sites/default/files/EVL-MandatoryAffirmationForm9-1-14.pdf.
Update on the New CO Driver’s License and ID Law
Last week, we reported on the Colorado Road and Community Safety Act (SB-251), which goes into effect August 1, 2014. Since then, several important changes have been made to the implementation of the new law.
Individuals who can demonstrate temporary lawful presence in the U.S. may apply for a driver’s license or identification card at any Colorado Division of Motor Vehicle (DMV) office location. This is an important change as originally individuals with temporary lawful presence would have been required to make an appointment at one of only five DVM locations in the state.
Applicants who cannot demonstrate lawful presence in the U.S. will still be required to schedule an appointment at one of five DMV office locations. Please visit the Colorado DMV website for more information about the five DMV locations and what you will need to bring to your appointment. It is critical that individuals who cannot demonstrate lawful presence consult an attorney before applying for a license if they have ever previously applied for a license as they may risk being charged with fraud.
Stern & Curray is following this issue closely and will be hosting a free teleconference on July 29th from 12:00-1:00 pm (MDT) to address concerns from employers and in-house counsel regarding the impact on their foreign-born employees. Please email [email protected] to receive additional information.
New Colorado Driver’s License and ID Law Effective August 1, 2014
The Colorado Road and Community Safety Act (SB-251) authorizes the issuance of Colorado driver’s licenses and identification cards to Colorado residents who have temporary lawful presence in the U.S. and Colorado residents who cannot demonstrate lawful presence in the U.S. Colorado residents impacted by the new law include nonimmigrant visa holders*, asylees, and applicants for permanent residence. The new law becomes effective on August 1, 2014.
Colorado driver’s licenses and identification cards issued under the new law will be restricted. The cards will include a display that says, “Not valid for Federal Identification, Voting, or Public Benefit Purposes,” and the cards will not be valid for air travel or I-9 purposes. This is a substantial change from Colorado’s previous law, which allowed nonimmigrant visa holders and others lawfully present in the U.S. to apply for an unrestricted driver’s license.
To apply for a driver’s license or identification card under the new law, applicants must schedule an appointment at one of five Division of Motor Vehicles (DMV) office locations. Because only five DMV offices in the state are processing these applications, appointments may take some time to obtain. We recommend that Colorado residents with temporary lawful presence schedule their DMV appointments as soon as possible. Please visit the Colorado DMV website for more information about the five DMV locations and what you will need to bring to your appointment.
The DMV has not yet published regulations implementing the new law, which means there are still many unknowns, especially related to how the new law will affect Colorado residents who cannot demonstrate lawful presence. Applicants suspected of current or past fraud may be referred to local District Attorneys for criminal investigation and prosecution, and applicants who have had their privilege to drive revoked or suspended in the past may also in some cases risk criminal charges. DMV regulations, once issued, may clarify the process and its risks for prospective applicants who cannot demonstrate lawful presence.
The new law does not change anything for U.S. citizens or legal permanent residents of the U.S.
*Individuals in the U.S. on visitor visas are not eligible for a Colorado driver’s license or identification card.
Consular Posts Now Accepting Visa Applications for Approved H-1B Petitions
U.S. consular posts may now accept visa applications based on approved H-1B petitions with an October 1, 2014 start date. Applicants should note that while they may receive their visas up to 90 days prior to the start of their employment status, the visa is not valid until ten days prior to the petition validity date.
H-1B Visa Cap Reached
Release Date: April 10, 2014
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.
USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and 20,000 cap under the advanced degree exemption. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.
The agency conducted the selection process for the advanced degree exemption first. All advanced degree petitions not selected then became part of the random selection process for the 65,000 limit. On March 25, USCIS announced that they would begin premium processing for H-1B cap cases no later than April 28. For more information on premium processing for FY 2015 cap-subject petitions.
First DACA Recipients Eligible for Renewal
This summer will mark two years since the Deferred Action for Childhood Arrivals program first began. The first DACA recipients now have the opportunity to apply for a renewal of deferred action. Immigration and Customs Enforcement (ICE) has released a notice regarding the renewal process specifically for applicants who applied between June 15, 2012 and August 15, 2012.
Renewal applications for another two-year period of deferred action must include Forms I-821D and I-765, along with the filing fee for the I-765 Employment Authorization Document. The original requirements for eligibility are still in place and renewal of deferred action remains at the discretion of USCIS.
It is important to note that if an applicant’s period of deferred action expires before they receive a renewal of deferred action, they will begin to accrue unlawful presence. They will not be eligible to work during any lapse in deferred action. In order to avoid a lapse, the government recommends applying for a renewal 120 days before the current expiration of deferred action.
Individuals who applied on or after August 15, 2012 must wait for USCIS to issue a notice regarding the renewal process for their group. Such guidance is anticipated in the coming months.
USCIS Releases Revised N-400
Yesterday, USCIS released a revised Form N-400, Application for Naturalization. The new N-400 is longer than its predecessor and contains several new questions. However, to the delight of paralegals everywhere, it no longer requires applicants to list all trips outside the U.S. since they attained Legal Permanent Resident status, but rather only those trips which occurred in the last 5 years. You can view the new form via the USCIS website.
USCIS will continue to accept previous versions of the form until May 5, 2014.
Go Broncos!
While conversations in the office may mostly be around immigration, we also know how to take a break to celebrate wins. And even though Charlotte supports the “other” team, we’re doing our best not to hold it against her.
Paralegals Tana Mauch, Charlotte Stanley, Eimi Gaucher, and Situ Bhojpure.