The USCIS website has been redesigned and was launched today in both English and Spanish. Director Alejandro Mayorkas describes the updates as part of USCIS’ “ongoing commitment to improving the quality of service we provide,” and adds that the agency gathered user feedback as part of their efforts to make the site more accessible. The updated site boasts a better search function and easier navigation menus as well as a more user-friendly change of address online tool.
Grace Period to Correct E-Verify Issues
In light of the federal government shutdown, employers who who were unable to resolve Tentative Nonconfirmations in the E-Verify system in the two weeks leading up to the shutdown may add 12 federal business days to the original date listed on the referral letters in order to resolve their cases with the Social Security Administration or the Department of Homeland Security. For those employees that received a Final Nonconfirmation or No Show as a result of the shutdown, employers must enter a new case in E-Verify in order to allow them sufficient time to attempt to resolve the situation. Employees who were hired during the shutdown must still be entered into E-Verify. Because of the shutdown, employers have until November 5, 2013 to enter them into the system and may use the ‘other’ drop-down field and select ‘federal government shutdown’ to explain why the case is not within the 3-day rule.
Government Reopens
The Federal Government reopened today following a 16-day shutdown that left immigration courts and USCIS offices closed. The Immigration Courts are now open regular business hours and hearings for detained cases are continuing according to schedule. Non-detained cases scheduled for October 17th are being rescheduled, but all non-detained cases scheduled for the 18th and later are proceeding on schedule. For those non-detained cases that were not heard during the shutdown, the courts will send notices for rescheduled hearing dates. E-Verify is operational and USCIS has released information for employers regarding how the shutdown impacted E-Verify and Form I-9. The Board of Immigration Appeals (BIA) has also reopened and will release a notice addressing filing that were due during the shutdown soon.
House Democrats Arrested During Rally For Immigration Reform
During a rally for immigration reform on Tuesday, several House Representatives were arrested for blocking traffic. The Representatives, all Democrats, included John Lewis, GA; Kieth Ellison, MN; Charles Rangel, NY; Jan Schakowsky, IL; and Luis Gutierrez, IL. The rally was held on the National Mall, in spite of ‘closure’ due to the government shutdown, to urge Republican members of Congress to pass immigration reform legislation. While the Senate has passed a comprehensive immigration reform bill that could be taken up by the House, House Democrats have released their own bill. The House bill is similar to that of the Senate and, it seems, is equally unlikely of passing in the Republican-controlled House.
DHS Report Proposes Reduction of L-1 Visas
An August report by the Department of Homeland Security has proposed reducing the number of available L-1 visas, which is not currently capped. The report by the DHS’s Office of Inspector General suggests that L-1 visas could be used to avoid the more restrictive H-1B visa process, although there is no definitive evidence that this is currently occurring. In fact, H-1B visas are more highly sought than L-1 visas and have been for years.
The intent of the L-1 visa classification is for a U.S. employer to transfer an executive or manager from one of its foreign offices to one of its U.S. offices and may also be used by foreign companies to establish a new U.S. office. There are two types of L-1 visa, the L-1A for executives/managers and the L-1B for those with specialized knowledge. The nebulous definition of what constitutes “specialized knowledge” is another issued raised by the report. L-1 visas also have perks that H-1B visa do not, such as the ability for dependent spouses to receive work authorization while in the U.S.
Since L-1 visa applications can be presented for adjudication to Customs and Border Patrol (CBP) officers along the U.S.-Canadian border instead of being submitted to a USCIS office, the report also scrutinized whether CBP officers sufficiently trained to review the applications. While the CBP contends that its officer are properly trained, they have agreed consider training recommendations outlined in the report.
Stern & Curray will continue to monitor the impact of this report on L-1 visa applications. More information about this visa classification can be found under Employment Visas.
Effect of Government Shutdown on Immigration
The shutdown of the federal government does affect applying for certain immigration visas. Fortunately, many services provided by USCIS, including processing of various petitions or applications for immigration benefits, will continue as they are fee-based. Therefore, applying to USCIS for non-immigrant petitions or permanent residence will continue at this time. USCIS offices are also open for interviews and appointments as scheduled.
Unfortunately, certain types of applications for immigration benefits are affected because they involve the U.S. Department of Labor, which is shutdown. Petitions to seek H-1B or E-3 status for employees cannot be completed at this time because a necessary component of these petitions is obtaining a labor condition application from the Department of Labor. Similarly, labor certification applications for employment-based permanent residence cannot be completed because the DOL is closed and therefore not accepting applications. While employers can complete preliminary work such as gathering information and documents, H-1B, E-3 and labor certification applications cannot move forward to completion until the DOL reopens.
The E-verify system is also shutdown. Therefore, employers will not be able to verify employment eligibility of any new hires or take any action in E-verify. The Department of Homeland Security has suspended the 3 day rule for E-verify cases that are affected by the shutdown and indicated that it will provide additional guidance once the federal government is reopened. We remind employers to be sure to continue to complete their form I-9’s for new hires within 3 days of hiring.
Immigration courts around the country are also affected. The court has announced that it will continue to hear cases of individuals in immigration detention, but is suspending all other functions due to the shutdown. Cases docketed during this time will be reset for future hearing dates.
The Department of State has announced that visa operations at U.S. consulates abroad will continue as they are fee-based.
We will provide further information as we receive it.
Ken Stern Voted Best Immigration Lawyer
Earlier this month, Senior Partner Ken Stern was voted Barrister’s Best Immigration Lawyer. In over 30 years as an immigration attorney, “Ken Stern has done just about everything in immigration law – he is past chair of the American Immigration Lawyers Association, a group that’s honored him with more than one award including a lifetime achievement award in 2002.” The Barrister’s Best is an annual selection of the best of the best in the legal profession by Law Week Colorado.
Ken’s practice encompasses all areas of immigration law including all aspects of business and family immigration law, investor visas, and intra-company transferees. Ken works closely with HR Professionals and Corporate Counsel to help their companies develop a strategic vision for using immigration visas as a way to attract and retain the best talent from around the world. He also helps companies develop effective and efficient internal practices and policies in the area of immigration law. (More about Ken Stern)
Colorado Voices Its Support for Comprehensive Immigration Reform
This week, more than 50 Colorado businesses and civic organizations joined together to urge Colorado representatives to vote in favor of comprehensive immigration reform. In a letter emphasizing Colorado’s unique ties to the immigrant community, the group pointed out how immigration reform will benefit Colorado’s tourism and agriculture industries by providing a steady stream of willing workers. The letter also urged immigration reform as the right thing to do for Colorado immigrant families.
Aspen’s Chamber of Commerce endorsed the letter just before U.S. Rep. Scott Tipton’s (R-Cortez) visit to the mountain town, scheduled for Friday. The Colorado Immigrant Rights Coalition reports that immigration activists will be on hand during Rep. Tipton’s visit to push the message home.
Amended Policy Regarding False Claims to Citizenship
The Department of Homeland Security and the Department of State have outlined an amended policy regarding false claims to citizenship. From now on, a person will only be found to be inadmissible for making a false claim to citizenship if the claim was “knowingly made.” The burden of proof remains with the individual to provide an affirmative defense. Additionally, the policy states that persons who were under 18 years old at the time of making a false claim to citizenship may use their minor status as a defense based on the premise that they are unable to fully grasp their actions. This policy shift is a helpful move forward so that people are not inadvertently found to be inadmissible for mistakenly claiming to be a U.S. citizen.
Immigration Reform Still on the Table for 2013
As immigration activists continue to put the pressure on the government to pass immigration reform, there have been signs that a vote on more limited immigration reform bills may occur in 2013. On Sunday, President Obama told ABC’s “This Week with George Stephanopoulos” that if the Senate’s immigration reform bill were put up for a vote in the House, it would pass. While House leaders have made no indications that the Senate’s bill will be presented for vote, other immigration and border security bills may be considered by the House in 2013. In a memo to House Republicans, House Majority Leader, Eric Cantor, recently stated that the Judiciary and Homeland Security Committees have produced bills which the House may consider this fall. The Chair of the House Judiciary Committee, Bob Goodlatte, also stated that he expected votes as soon as October on bills related to border security, internal enforcement, guest workers, and high-tech visas. Nevertheless, according to Mr. Cantor, it appears that any other immigration related reforms will not be considered until “we pass legislation securing our borders and providing enforcement mechanisms to our law enforcement officials.” We will continue to keep you apprised of any new developments on immigration reform.