The face of undocumented immigrants in the U.S. is typically portrayed as Latin American, and more often than not, is also assumed to be Mexican. As most undocumented immigrants living in the U.S. do hail from Central and Latin America, deferred action advocacy and grassroots organizing has been focused around these populations. Yet, outreach to other immigrant communities, such as the Chinese and Filipinos, has been lacking. Groups like Atlas: DIY are trying to change this by conducting neighborhood outreach in immigrant neighborhoods in Brooklyn. Some advocates contend that there is less discussion of undocumented status within Asian communities, which may decrease the likelihood that qualified individuals will seek out deferred action. The New York City Council is investing millions in a push to help bring out these individuals. How advocates across the nation will reach their respective lesser-known immigrant communities remains to be seen.
Fast for Families Continues
On Tuesday, several immigration activists, who had been fasting for the past 22 days to draw attention to the need for immigration reform, passed on their fasts to new fasters. Democratic Representative Joe Kennedy, one of the seven new fasters, will fast for 24 hours before passing on the fast to another member of Congress. The “Fast for Families: A Call for Immigration Reform and Citizenship” has been held on the National Mall since November 12th and has garnered support from President Obama and first lady Michelle Obama, who both paid visits to the group of faith, immigrant rights, and labor leaders.
Although Speaker John Boehner has not responded to meeting requests from the group, he recently hired Rebecca Tallent, former director of immigration policy at the Bipartisan Policy Center, a move which activists hope is an indication that immigration reform is still likely.
New E-Verify Posters
E-Verify has released new E-Verify Participation and Right to Work posters that use less ink after receiving feedback on the E-Verify Listens site. Former versions of the posters are still acceptable and all E-Verify employers are required to have some version of the posters displayed.
E-Verify employers who may be interested in the development of an E-Verify mobile app can go to the E-Verify Listens site for more information or to submit ideas.
E-Verify to Release Revised MOUs
E-Verify will be rolling out new E-Verify Memorandums of Understanding geared toward the various types of E-Verify access methods. While the enrollment process remains unaltered, new users must sign the new MOUs, which become available on December 8, 2013. It is important to note that existing users, who are not required to sign the new MOUs, are nonetheless bound to the rules of the new MOUs. However, existing users will want to review the new versions as readability has been improved, making the MOUs far more accessible to users.
New TPS Extension for Somali Nationals
Revamped USCIS.gov Website Goes Live
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
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.