Immigration Insider – Page 10

VISA BULLETIN FOR DECEMBER 2015

2. State Dept. Projects Employment-Based Visa Number Availability in Coming Months

The Department of State’s Visa Bulletin for December 2015 includes information on visa number availability in the coming months.

For the employment fourth preference (certain religious workers) category, the bulletin notes that the non-minister special immigrant (SR) program expires on December 11, 2015. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight on December 10, 2015. Visas issued before that date will only be issued with a validity date of December 10, 2015, and all individuals seeking admission as non-minister special immigrants must be admitted into the U.S. by midnight on December 10, 2015.

For the employment fifth preference (I5 and R5) categories, visas may be issued until the close of business on December 11, 2015, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after December 11, 2015.

The bulletin notes that Congress is considering an extension of the SR, I5, and R5 visa categories, “but there is no certainty when such legislative action may occur.” If there is no legislative action extending one or both of these categories, those cut-off dates would become “Unavailable” on December 12, 2015.

The bulletin also notes the following potential monthly movement for employment-based categories in the coming months:

Employment First: Current

Employment Second:

Worldwide: Current
China: Forward movement during FY 2015 has resulted in a dramatic increase in demand. Little, if any, movement is likely during the coming months.
India: Up to eight months.

Employment Third:

Worldwide: The rapid forward movement during FY 2015 was expected to generate a significant amount of demand for numbers. If such demand fails to materialize in the near future, it will be necessary to begin advancing this cut-off date.
China: Rapid forward movement is expected. Such movement will result in increased demand, which will require “corrective” action as early as April.
India: Will advance up to three weeks.
Mexico: Will remain at the worldwide date.
Philippines: Will advance four to six weeks.

Employment Fourth: Current

Employment Fifth: The category will remain “Current” for most countries.

China-mainland born: Slow forward movement.

The bulletin notes that the above projections for the employment categories indicate what is likely to happen on a monthly basis through March based on current applicant demand patterns. “Readers should never assume that recent trends in cut-off date movements are guaranteed for the future, or that ‘corrective’ action will not be required at some point in an effort to maintain number use within the applicable annual limits,” the bulletin states. “The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables.”

Also, U.S. Citizenship and Immigration Services (USCIS) announced recently that for family-sponsored filings, applicants may use the “Dates for Filing Visa Applications” chart in the December bulletin. For employment-based filings, however, USCIS said the “Application Final Action Dates” for December must be used.

3. State Dept. Replaces Manual of Visa Guidance

On November 18, 2015, the Department of State (DOS) will replace the legacy Volume 9 of the Foreign Affairs Manual (9 FAM) with the 9 FAM-e. The 9 FAM-e will become the authoritative source for visa guidance.

DOS said the new 9 FAM-e represents the revision and reorganization of more than 4,000 pages of the legacy 9 FAM content that paralleled Volume 22 of the Code of Federal Regulations. The new 9 FAM-e overhauls language and organization, but not substance, DOS said. The former interpretive and procedural notes were merged, along with appendices. The new 9 FAM-e “adopts a hierarchical structure that is both more logical and better suited to modern search technologies,” DOS said, noting that the revised 9 FAM-e also uses a new citation system that is similar to the citation system used in other volumes of the FAM and the Foreign Affairs Handbook. DOS also has developed crosswalk tables correlating old citations with new, so that users can match new sections with former locations in the legacy FAM.

ANNOUNCEMENT IN SECTION F of the December 2015 Visa Bulletin

4. USCIS Issues Policy Memo on Initial Field Review of AAO Appeals

U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on November 4, 2015, on initial field review of appeals to the Administrative Appeals Office (AAO). The memo provides guidance to USCIS employees on the proper processing of such appeals.

Field offices include USCIS field and overseas offices, service centers, and the National Benefits Center. The memo notes that appeals to the AAO are filed on Form I-290B, Notice of Appeal or Motion. USCIS first conducts an intake procedure to ensure the appeal is complete and the agency has collected any required filing fees. After intake, the USCIS field office that made the unfavorable decision conducts an “initial field review” of the appeal. If the field office does not take favorable action, it forwards the appeal to the AAO for appellate review without issuing a new decision.

The memo notes that the purpose of initial field review is “to promote the efficient review of administrative appeals of field office decisions.” The affected party may submit a brief and/or additional evidence with the appeal. The appeal process is “undermined” if initial field review is not timely or if the appeal is inappropriately terminated, the memo states. Therefore, the memo provides additional guidance on the timeliness and scope of initial field review.

Among other things, the memo states that the regulations do not require the field office to complete initial field review within 45 days of receipt, but USCIS is adopting 45 days as the agency’s processing goal.

MEMO

MORE INFORMATION OR TO REGISTER

5. New Publications and Items of Interest

OSC workers’ rights webinars. The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is offering webinars on workers’ rights. The webinars include answers to questions about hiring, firing, and recruitment discrimination based on citizenship, immigration status, or national origin; what to do if you believe an employer is discriminating during the E-Verify or Form I-9 employment authorization verification processes; and government resources. The webinars include:

November 17, 2015, 1 pm ET: USCIS/OSC Workers’ Rights (English)
November 18, 2015, 3 pm ET: USCIS/OSC Derechos de los Trabajadores (Spanish)
December 1, 2015, 3 pm ET: OSC Worker/Advocate
December 3, 2015, 11 am ET: OSC Employer/HR Representative
December 15, 2015, 11 am ET: OSC Worker/Advocate (Spanish)

USCIS E-Verify webinars. U.S. Citizenship and Immigration Services is offering several “Employer Sessions for HR Professionals and Executives” via webinar:

November 17, 2 pm ET
November 19, 5 pm ET

Other webinars include:

November 16, 10 am ET (E-Verify for Executives)
November 18, 11 am ET (E-Verify for Federal Contractors)

MORE INFORMATION OR TO REGISTER

The 2015 edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

An overview of the immigration law requirements and procedures for over 20 countries;
Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
A general overview of the appropriate options for a particular employee; and
Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

6. ABIL Member/Firm News

H. Ronald Klasko recently participated as a speaker at IIUSA’s 5^th Annual EB-5 Market Exchange in Dallas, Texas. Mr. Klasko presented as a panelist for the program, “Regional Center Models: Different Approaches to Regional Economic Development with EB-5,” at which issues related to the operation of an EB-5 regional center were discussed.

Mr. Klasko recently spoke at the Central Florida Chapter Annual Conference of the American Immigration Lawyers Association. He presented on current EB-5 issues, including an update on proposed amendments, renewal and changes to the program, the impact of Chinese retrogression, and the impact of the new EB-5 policy memorandum. He also spoke on nonimmigrant business visas.

Charles Kuck has authored a new blog entry. “DAPA, Obama, the Supreme Court, and Politics”

Robert Loughran presented “EB-5 and Other Investment-Based Immigration Options” at the Henley & Partners Global Residency & Citizenship Conference in Dubai on November 2, 2015.

Mr. Loughran spoke to Brazilian investors at a Texas International Business Accelerator event on October 30, 2015, in San Antonio, Texas. The presentation guided foreign entrepreneurs on the immigration considerations of starting or investing in a business in Texas.

Mr. Loughran presented on “USCIS Policy Trends: An In-Depth Look at What’s Driving EB-5 Adjudication and Administration” at the IIUSA 5^th Annual EB-5 Market Exchange in Dallas, Texas. The conference is the largest gathering of EB professionals annually, with over 500 professionals in attendance.

Foster Global Partner John Meyer presented at the International Business Forum event at the Omni San Antonio Hotel at the Colonnade in San Antonio, Texas, on October 28, 2015. The presentation focused on immigration opportunities for investors. MORE INFORMATION.

Foster Global Partner Jose R. Perez, Jr., was quoted in a Latin Times article, “Immigration Reform News: Following 9-Day Fast In Front Of 5th Circuit, Hunger Striker Focused On 2016 Presidential Election,” on October 23, 2015.

Michelle Velasco, of Cyrus Mehta‘s office, has authored a new blog entry. “Studying for the H-1B: USCIS Questions the Business Administration Degree”

Stephen Yale-Loehr was quoted by the Financial Times regarding the Fifth Circuit’s decision in the immigration executive action case, in “Obama Suffers Immigration Reform Blow.” He said the decision went further than the district court’s preliminary injunction. “The majority held that the immigration statute doesn’t confer the power the administration is claiming. That flies in the face of several Supreme Court precedents granting the executive branch broad, almost unlimited, power on immigration policy issues. That may make it more likely that the Supreme Court will want to hear the government’s almost certain appeal,” he noted.

Mr. Yale-Loehr was also quoted in the following newspapers about the Fifth Circuit’s decision:

USCIS Service Center processing times online

7. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

Department of Labor processing times and information on backlogs

ADDITOINAL BACKGROUND ON THE ISSUES

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 11A • November 01, 2015

November 01, 2015/in Immigration Insider /by ABIL

Headlines:

1. DHS Proposes Rule on Expanding F-1 STEM OPT -Among other things, the proposal would allow F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months.

2. Labor Dept. Publishes Final Rule on Temporary Employment of H-2A Workers in Herding or Production of Livestock on the Range -Among the issues addressed are the qualifying criteria, preparing job orders, program obligations of employers, filing H-2A applications requesting temporary labor certification for range occupations, recruiting U.S. workers, determining the minimum offered wage rate, and meeting minimum standards for housing used on the range.

3. USCIS Reports Satisfaction With Filing for Replacement Green Cards Online -More than 93 percent of applicants who filed for a replacement green card online had a positive experience, and more than 95 percent would recommend online filing to others.

4. USCIS Reminds Those Affected by South Carolina Floods of Immigration Relief Options -USCIS said that requestors should explain how the flooding created a need for the requested relief.

5. USCIS Will Close Vienna Field Office in December -The last day the office will be open to the public and accept applications is November 30, 2015.

6. DHS Sets FY 2016 Limit for CNMI-Only Transitional Workers -DHS will allow up to 12,999 nonimmigrants in fiscal year (FY) 2016 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program.

7. ABIL Global: Peru -On September 26, 2015, a new Aliens Law in Peru was published in the official gazette, El Peruano. Selected highlights are discussed.

8. New Publications and Items of Interest -New Publications and Items of Interest

9. ABIL Member/Firm News -ABIL Member/Firm News

10. Government Agency Links -Government Agency Links

Details:

1. DHS Proposes Rule on Expanding F-1 STEM OPT

On October 19, 2015, the Department of Homeland Security (DHS) published a new proposed rule on expanding F-1 science, technology, engineering, and mathematics (STEM) optional practical training (OPT). Specifically, the proposal would allow F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students. The rule also increases oversight of STEM OPT extensions by, among other things, requiring the implementation of formal mentoring and training plans by employers, adding wage and other protections for STEM OPT students and U.S. workers, and allowing extensions only to students with degrees from accredited schools.

As with the current 17-month STEM OPT extension, the proposed rule would authorize STEM OPT extensions only for students employed by employers enrolled in U.S. Citizenship and Immigration Services’ (USCIS) E-Verify employment eligibility verification program. The proposal also includes the “cap-gap” relief first introduced in 2008 for any F-1 student with a timely filed H-1B petition and request for change of status. DHS said that the cap-gap relief allows such students to automatically extend the duration of F-1 status and any current employment authorization until October 1 of the fiscal year for which such an H-1B visa is being requested.

The proposed rule also responds to a court decision that vacated a 2008 DHS regulation on procedural grounds. The proposed rule includes changes to the policies announced in the 2008 rule to further enhance the academic benefit provided by STEM OPT extensions and increase oversight. DHS noted that “[t]hese on-the-job educational experiences would be obtained only with those employers that commit to developing students’ knowledge and skills through practical application. The proposed changes would also help ensure that the nation’s colleges and universities remain globally competitive in attracting international STEM students to study and lawfully remain in the United States.”

PROPOSED RULE

RELATED NOVEMBER 2014 MEMO from Secretary Jeh Johnson

AUGUST 2015 OPINION

2. Labor Dept. Publishes Final Rule on Temporary Employment of H-2A Workers in Herding or Production of Livestock on the Range

The Department of Labor (DOL) has published a final rule establishing standards and procedures for employers seeking to hire foreign temporary agricultural workers for jobs in herding and production of livestock on the range. Among the issues addressed are the qualifying criteria, preparing job orders, program obligations of employers, filing H-2A applications requesting temporary labor certification for range occupations, recruiting U.S. workers, determining the minimum offered wage rate, and meeting minimum standards for housing used on the range. The regulations establish a single set of standards and procedures applicable to employers seeking to hire foreign temporary agricultural workers for sheep and goat herding and range production of livestock.

Among other things, DOL noted the need to address “inadequate wage methodology” that has contributed to herder wage stagnation. Instead of using inaccurate, outdated surveys, DOL decided to use the federal minimum wage rate, currently $7.25 per hour, multiplied by 48 hours per week to set the monthly wage rate.

FINAL RULE

INFORMATION ABOUT ELECTRONIC FILING

3. USCIS Reports Satisfaction With Filing for Replacement Green Cards Online

U.S. Citizenship and Immigration Services (USCIS) recently announced that more than 93 percent of applicants who filed for a replacement green card (Form I-90, Application to Replace Permanent Resident Card) online had a positive experience, and more than 95 percent would recommend online filing to others.

USCIS noted that since the agency introduced the electronic I-90 in March 2015, more than 168,000 applications were filed that way. Online I-90 filings now account for 47 percent of all I-90 applications filed. USCIS said it still accepts paper I-90 applications, but converts them into electronic records. Those filing an I-90 on paper can still create an online account to track the case electronically.

I-90 APPLICATION

4. USCIS Reminds Those Affected by South Carolina Floods of Immigration Relief Options

U.S. Citizenship and Immigration Services (USCIS) recently issued an alert noting that the agency “offers immigration relief measures that may help people affected by unforeseen circumstances, such as disasters like the recent severe flooding in South Carolina.”

USCIS said that requestors should “explain how the flooding created a need for the requested relief.” The agency noted that the following measures may be available upon request:

Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired
Re-parole of individuals previously granted parole by USCIS
Expedited processing of advance parole requests
Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship
Expedited adjudication of employment authorization applications, where appropriate
Consideration of fee waivers due to an inability to pay
Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to appear for an interview, submit evidence, or respond in a timely manner
Replacing lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (green card)
Rescheduling of scheduled biometrics appointment

MORE INFORMATION on humanitarian relief in special situations

5. USCIS Will Close Vienna Field Office in December

U.S. Citizenship and Immigration Services (USCIS) will permanently close its field office in Vienna, Austria, on December 31, 2015. The last day the office will be open to the public and accept applications is November 30, 2015. The USCIS field offices in Frankfurt, Rome, and Athens will assume Vienna’s former jurisdiction, which includes Austria, Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, Kosovo, Former Yugoslav Republic of Macedonia, Montenegro, Poland, Romania, Serbia, Slovakia, and Slovenia. The U.S. Embassy in Vienna will assume responsibility for certain limited services previously provided by USCIS to individuals residing in Austria.

ADDITIONAL DETAILS, including the new jurisdictional breakdown for countries in USCIS Vienna’s former jurisdiction and detailed filing instructions for various services and forms

6. DHS Sets FY 2016 Limit for CNMI-Only Transitional Workers

The Department of Homeland Security (DHS) announced on October 22, 2015, that it will allow up to 12,999 nonimmigrants in fiscal year (FY) 2016 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program.

Under the CW-1 program, employers in the CNMI can apply for temporary permission to employ foreign nationals who are ineligible for any existing employment-based nonimmigrant category under the Immigration and Nationality Act. The CW program is in effect until December 31, 2019. DHS said it reduced the FY 2016 CW-1 limit by 1,000 “to meet the CNMI’s existing labor market needs and provide opportunity for potential growth, while meeting a regulatory requirement to reduce the numerical limit each year.”

The announcement does not affect the status of current CW-1 workers unless their employer files for an extension of their current authorized period of stay. Approved petitions with an employment start date between October 1, 2015, and September 30, 2016, will generally count toward the 12,999 limit, DHS said. The numerical limit applies only to CW-1 principals. It does not directly affect anyone currently holding CW-2 status, which is for spouses and minor children of CW-1 nonimmigrants. However, CW-2 nonimmigrants may be indirectly affected because their status depends upon that of the principal CW-1, USCIS noted.

FEDERAL REGISTER NOTICE

RELATED ANNOUNCEMENT

7. ABIL Global: Peru

On September 26, 2015, a new Aliens Law in Peru was published in the official gazette, El Peruano. Selected highlights are discussed below.

Legislative decree No. 1236, most of which will be effective 90 days after related regulations are published, will change the scheme of work visas, and immigration categories and statuses, in Peru. Among other things, the immigration categories under the new law will include:

Visitor: Allows foreign nationals short-term visits to Peru.
Temporary: Allows foreign nationals to carry out paid activities, study, or undertake training activities, as appropriate to the immigration status assigned.
Resident: Allows foreign nationals to set up residence in Peru. Foreign nationals with resident status may carry out any kind of paid or for-profit activity as a subordinate, independent, or self-employed person. The resident immigration category is divided into:
Permanent Resident: Allows foreign nationals to establish permanent residence in Peru. Foreign nationals may apply to obtain this status after 21 months as provisional residents. The specific requirements will be set in regulations.
Provisional Resident: Allows foreign nationals to perform tasks or activities only during the period of their authorized stay. Maximum term of 2 years.

A foreigner may apply for provisional residence in certain cases: (1) after two years under certain immigration statuses, including humanitarian, investor, religious, worker, and other immigration statuses as determined by Supreme Decree countersigned by the Minister of Interior and Minister of Foreign Affairs; or (2) as an intra-company transfer, applicable to a foreign national who enters Peru as an employee of a multinational company or international corporation and relocates to Peru to work in a company that is part of the same economic group or holding, to serve in a managerial (high-ranking) position, as employee in a position of trust, or as a highly qualified specialist.

Under the “Temporary” category, a new immigration status has been created: Worker—Short-Term Stay (T19), applicable to a foreign national who enters Peruvian national territory to perform work for the public or private sectors, during a brief determined term expected to be up to 30 days, nonrenewable. Short-term stay workers cannot perform paid or for-profit activities on their own account or independently.

Some immigration statuses enable the exercise of certain activities that are also allowed under a different immigration status that is not incompatible, as established in the regulations.

The Ministers of Interior and Foreign Affairs may jointly create new immigration statuses by Supreme Decree for the purpose of developing certain temporary activities. They also can develop subcategories for each immigration status. To exercise duties under the new law, MIGRACIONES and the Ministry of Foreign Relations have sanctioning power under the scope of their authority.

Actions that breach the provisions of the new law constitute punishable offenses. When evaluating the breach, the competent authority must take into account the seriousness of the offense based on proportionality and reasonableness criteria. Unlawful actions are classified as minor, serious, or very serious. National citizens; foreign nationals; transportation companies, operators, or concessionaires; domiciled individuals; and corporations that breach the obligations of the decree are subject to disciplinary proceedings.

For family unity purposes, not only the spouse but the common-law partner (according to the provisions of Article 2049 of the Peruvian Civil Code) is recognized as member of the family unit of a foreign national who can request family reunification.

As noted above, most of the law will be effective 90 working days after the publication of corresponding regulations in the official gazette, El Peruano, unless otherwise provided by law.

8. New Publications and Items of Interest

The 2015 edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

An overview of the immigration law requirements and procedures for over 20 countries;
Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
A general overview of the appropriate options for a particular employee; and
Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

9. ABIL Member/Firm News

Cyrus Mehta has authored a new blog entry. “Don’t You Dare Yank My Precious I-140 Petition Without Telling Me”

Several members of Mr. Mehta’s office have authored new blog entries. Cora-Ann V. Pestaina has authored a new blog entry, “What One Hand Giveth The Other Taketh Away: Are We Truly Welcoming Foreign Entrepreneurs To America?“. David A. Isaacson has authored “Non-Retroactivity of BIA Precedent Decisions: De Niz Robles v. Lynch and Other Recent Court of Appeals Rulings” Michelle Velasco has authored “Work Authorization for H-4 Spouses: The Experience Thus Far”

Bernard Wolfsdorf spoke on a panel, “EB-5 Visa Demand: An Update from the Department of State,” with Charles Oppenheim, Chief, Immigrant Visa Control and Reporting, U.S. Department of State, at the IIUSA in Dallas, Texas, on October 22, 2015. A summary of key points is available to IIUSA members.

Stephen Yale-Loehr will speak at the East Meets West—Manhattan Luxury Real Estate Connect conference at the Waldorf Astoria New York on November 2, 2015, sponsored by the Manhattan chapter of the Asian Real Estate Association of America. He will be a panelist on “Myths and Realities of EB-5.” FOR MORE INFORMATION OR TO REGISTER

Mr. Yale-Loehr was quoted in Law360 on October 14, 2015, in “7 Immigration-Related Cases That May See High Court Action.” The article discusses Torres v. Lynch, Hernandez v. Mesa, Thompson v. Lynch, Ortiz-Franco v. Lynch, Molina-Martinez v. U.S., Evenwel v. Abbott, and Texas v. U.S. Commenting on Ortiz-Franco v. Lynch, Mr. Yale-Loehr noted that appeals courts have held that individuals can raise legal challenges to federal courts only from the Board of Immigration Appeals. “But the Seventh Circuit and the Ninth Circuit have held that noncitizens with criminal convictions can raise both legal and factual claims challenging the denial of relief under [the] Convention Against Torture,” he said.

Mr. Yale-Loehr was quoted in the New York Times on October 27, 2015, in “Should Foreign Graduates Get a Visa Edge?” The article discusses the phenomenon of foreign graduates leaving the United States and innovating elsewhere due to uncertainty, low caps, and long waits in the U.S. immigration system. “Imagine if the next Google or Facebook were to be developed in India or China. All those jobs that could have been in the United States instead are being developed overseas and competing against our best companies,” he said.

Mr. Yale-Loehr was quoted in the Desert Sun on October 30, 2015, in “EB-5 Visa Program Brings Foreign Investment to Valley.” He noted that “[i]t’s hard to emigrate to the U.S. from China in other categories. It’s relatively quicker to go the EB-5 route. The network [of migration agents] in China allow[s] developers a relatively efficient way of finding large numbers of investors quickly.”

Mr. Yale-Loehr was quoted in the Allentown Pennsylvania Morning Call on October 31, 2015, in “Immigration Financing Fuels Part of Allentown’s Revitalization.” He noted, “If [the EB-5 program] is done correctly it is a four-way win. We get new jobs for U.S. workers; No. 2, those jobs are at no expense to U.S. taxpayers; three, the U.S. developer gets capital maybe they wouldn’t otherwise be able to get, and fourth, the foreign investor gets a green card.”

USCIS Service Center processing times online

10. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

Department of Labor processing times and information on backlogs

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 10B • October 15, 2015

October 15, 2015/in Immigration Insider /by ABIL

Headlines:

1. Update on ‘Visagate’ Filing Date Fiasco: Temporary Restraining Order Denied -On October 7, 2015, a judge rejected a petition for a temporary restraining order (TRO) in a class action challenging a new change to the October Visa Bulletin.

2. Congress Extends Four Immigration Programs Until December 11 -Congress has extended the EB-5, E-Verify, Conrad state 30 (physician J-1 waiver), and religious workers programs until December 11, 2015, as part of congressional passage of a continuing resolution to fund the government.

3. DHS Submits New Proposed Rule on Expanding F-1 STEM OPT -The proposed rule awaits OMB approval before it can be published for public comment.

4. Registration Opens for Diversity Visa 2017 Program -Registration is open until noon, eastern time, on November 3, 2015.

5. USCIS Announces New Direct Filing Address for Certain I-140 Petitions, Workload Rebalancing -The direct filing address has changed for I-140 (Immigrant Petition for Alien Worker) petitions submitted together with I-907 (Request for Premium Processing) petitions with a worksite location in Maryland, New Jersey, New York, or Pennsylvania.

6. H-1B, L-1 Additional Fees Expire -The expired fee was $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions.

7. New Publications and Items of Interest -New Publications and Items of Interest

8. ABIL Member/Firm News -ABIL Member/Firm News

9. Government Agency Links -Government Agency Links

Details:

1. Update on ‘Visagate’ Filing Date Fiasco: Temporary Restraining Order Denied

On October 7, 2015, a judge rejected a petition for a temporary restraining order (TRO) in a class action challenging a new change to the October Visa Bulletin. By moving many filing dates back, the update to the bulletin radically restricted a previously announced benefit offered by a revised procedure for determining immigrant visa availability and filing adjustment of status applications. The class action was filed in the U.S. District Court for the Western District of Washington at Seattle on September 28, 2015.

The complaint noted that in the absence of relief, plaintiffs and class members, “who have spent thousands of hours and millions of dollars preparing adjustment applications in reasonable reliance on the binding agency policy statements DOS published, will be irreparably harmed and left without any remedy for Defendants’ unlawful actions.” The complaint asks the court to declare, among other things, that the September 24 revision of the October 2015 Visa Bulletin constitutes unlawful agency action in violation of the Administrative Procedure Act. The Alliance of Business Immigration Lawyers (ABIL) filed a declaration supporting the complaint, and individual ABIL lawyers also filed declarations as experts. ABIL also plans to file an amicus brief in the litigation.

Varied explanations for the latest change, which some are calling “Visagate,” were floated. For example, in a statement announcing the change, U.S. Citizenship and Immigration Services (USCIS) explained that following consultations with the Department of Homeland Security, the dates for filing applications for some categories in the family-sponsored and employment-based preferences were adjusted “to better reflect a timeframe justifying immediate action in the application process.” USCIS also reportedly said that the agency was correcting a mistake and there was no way it could comply with the law without fixing the bulletin. USCIS also said that a retrogression in cut-off dates was not accounted for when the first October bulletin was issued.

Attorneys for the plaintiffs have set up a Facebook page to track the litigation.

ORDER DENYING TRO

CLASS ACTION COMPLAINT

LATEST CHART, along with information on when to file

NOVEMBER VISA BULLETIN

2. Congress Extends Four Immigration Programs Until December 11

Congress has extended the EB-5, E-Verify, Conrad state 30 (physician J-1 waiver), and religious workers programs until December 11, 2015, as part of congressional passage of a continuing resolution to fund the government.

Members of Congress hope to reauthorize and reform the EB-5 program in the interim, although the outcome is uncertain due to political disputes and legislative scheduling pressures. In January, Reps. Mark Amodei (R-Nev.) and Jared Polis (D-Colo.) introduced an EB-5 reauthorization bill in the House of Representatives. In June, Sens. Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vt.) introduced a reauthorization and reform bill in the Senate. At least two other bills to reform the EB-5 program have also been introduced. Conrad 30 supporters also hope to make changes, such as reducing backlogs in the wait for green cards.

INFORMATION ON THE CURRENT RULE AND THE PROPOSED RULE

3. DHS Submits New Proposed Rule on Expanding F-1 STEM OPT

On October 2, 2015, the Department of Homeland Security submitted to the Office of Management and Budget (OMB) a new proposed rule on expanding F-1 science, technology, engineering, and mathematics (STEM) optional practical training (OPT). The rule awaits OMB approval before it can be published for public comment.

Among other developments, in November 2014, DHS Secretary Jeh Johnson noted that his agency would like to:

expand the degree programs eligible for OPT and extend the time period and use of OPT for foreign STEM students and graduates, consistent with law. I am also directing ICE and USCIS to improve the OPT program by requiring stronger ties to degree-granting institutions, which would better ensure that a student’s practical training furthers the student’s full course of study in the United States. Finally, ICE and USCIS should take steps to ensure that OPT employment is consistent with U.S. labor market protections to safeguard the interests of U.S. workers in related fields.

A court order in August 2015 vacated for procedural reasons a 17-month STEM extension under the 2008 STEM OPT extension rule because DHS did not allow for public comment. The court, however, stayed the vacatur and allowed the rule to remain in place until February 12, 2016, “during which time DHS can submit the 2008 Rule for proper notice and comment.”

ADDITIONAL BACKGROUND ON THE ISSUES

NOVEMBER 2014 MEMO FROM SECRETARY JOHNSON

AUGUST 2015 OPINION

4. Registration Opens for Diversity Visa 2017 Program

The 2017 diversity visa (DV) program opened for electronic registrations opened on October 1, 2015, and closes at noon, eastern time, Tuesday, November 3, 2015.

For DV-2017, natives of the following countries are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

The Department of State said that based on the allocations of available visas in each region and country, individuals will be randomly selected by computer from among qualified entries. DV-2017 entrants must go to Entrant Status Check using the confirmation numbers from their DV-2017 online entry registrations to find out whether they have been selected. Those who are selected will be directed to a confirmation page that will provide further instructions, including information about fees connected with immigration to the United States. The Department noted that Entrant Status Check will be the only means by which selectees are notified of their selection for DV-2017. The Department of State will not mail notification letters or email selectees.

Applicants can access the electronic DV entry form (E-DV) at the official E-DV website: http://www.dvlottery.state.gov during the registration period. DV instructions, including a video, are on the Department of State’s public website at: http://www.travel.state.gov/content/visas/en/immigrate/diversity-visa/instructions.html. Entrant Status Check will be available on the E-DV website starting May 3, 2016, through at least September 30, 2017.

5. USCIS Announces New Direct Filing Address for Certain I-140 Petitions, Workload Rebalancing

U.S. Citizenship and Immigration Services (USCIS) announced that starting on October 19, 2015, the direct filing address has changed for Form I-140 (Immigrant Petition for Alien Worker) petitions submitted together with Form I-907 (Request for Premium Processing) petitions with a worksite location in Maryland, New Jersey, New York, or Pennsylvania. Those who are filing an I-907 to upgrade a pending I-140 to premium processing should mail the I-907 to the service center that has the pending I-140.

USCIS also noted that it recently rebalanced its workload for certain I-140 petitions and employment-based I-485 (Application to Register Permanent Residence or Adjust Status) applications between the Texas and Nebraska service centers.

ANNOUNCEMENT, including address information

6. H-1B, L-1 Additional Fees Expire

U.S. Citizenship and Immigration Services (USCIS) announced that H-1B and L-1 petitions should no longer include the additional fee required by § 402 of Public Law 111-230, as amended, for certain H-1B and L-1 petitions. The additional fee expired on September 30, 2015. The fee was $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after August 14, 2010.

All other H-1B and L-1 fees are still required. USCIS reminded petitioners that the agency prefers separate checks for each filing fee.

7. New Publications and Items of Interest

The 2015 edition of the Global Business Immigration Practice Guide has just been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

An overview of the immigration law requirements and procedures for over 20 countries;
Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
A general overview of the appropriate options for a particular employee; and
Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

8. ABIL Member/Firm News

Cyrus Mehta has authored a new blog entry. “When Is A Visa ‘Immediately Available’ for Filing an Adjustment of Status Application” Michelle Velasco, an associate at Cyrus D. Mehta & Associates, PLLC, has authored “Work Authorization for H-4 Spouses: The Experience Thus Far”

Stephen Yale-Loehr was quoted in The Atlantic on October 2, 2015, in “The Flawed Immigration Program Congress Hasn’t Changed,” about the EB-5 program’s extension. Mr. Yale-Loehr noted, among other things, that representatives of urban districts have been holding up congressional reform efforts because they don’t want to see the program change. By contrast, those from rural and high-unemployment districts tend to support reform, he said.

9. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

Department of Labor processing times and information on backlogs

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 10A • October 01, 2015

October 01, 2015/in Immigration Insider /by ABIL

Headlines:

1. State Dept. Moves Many Filing Dates Back From Previously Released October Visa Bulletin; Lawsuit Filed -On September 24, 2015, the Department of State issued an update that supersedes the previously released October Visa Bulletin. By moving many filing dates back, the update radically changed the recently announced benefit offered by a revised procedure for determining immigrant visa availability and filing adjustment of status applications. A lawsuit is challenging the change.

2. USCIS Resumes Final Adjudications of Employment-Based Adjustment Applications After Brief Suspension -USCIS resumed final adjudication of employment-based adjustment applications on October 1, 2015, when visa numbers were again available.

3. White House Announces New Measures Under Citizenship Initiative -Among other things, USCIS began accepting and processing credit card payments for the naturalization application and biometrics fee. USCIS also said it is entering into a formal partnership with the U.S. Department of Agriculture to provide temporary office space for USCIS officers in agricultural and rural communities that have significant numbers of immigrants but are not located near a USCIS office.

4. ABIL Global: Netherlands -The Dutch government introduced the Startup Visa in 2015; requirements and early experiences are discussed.

5. New Publications and Items of Interest -New Publications and Items of Interest

6. ABIL Member/Firm News -ABIL Member/Firm News

7. Government Agency Links -Government Agency Links

Details:

1. State Dept. Moves Many Filing Dates Back From Previously Released October Visa Bulletin; Lawsuit Filed

On September 24, 2015, the Department of State issued an update that supersedes the previously released October Visa Bulletin. By moving many filing dates back, the update radically changed the recently announced benefit offered by a revised procedure for determining immigrant visa availability and filing adjustment of status applications. The revised process allows foreign nationals who have immigrant visa petitions based on family or employment to file adjustment of status applications once their priority dates are listed on a separate chart on the monthly Visa Bulletin, “Dates for Filing Applications.” In the prior version of the October Visa Bulletin, these dates were significantly earlier than the priority dates available for final adjudications.

With the latest change for October, the Department of State moved the dates back substantially. In a statement announcing the change, U.S. Citizenship and Immigration Services explained that following consultations with the Department of Homeland Security, the dates for filing applications for some categories in the family-sponsored and employment-based preferences were adjusted “to better reflect a timeframe justifying immediate action in the application process.”

The change means that potentially thousands of applicants who had already gathered documents, prepared applications, paid for medical examinations, and incurred other costs based on the previous dates now may have to wait many months to take the next steps in their green card cases, unless the situation changes. An informal survey of immigration lawyers revealed that about 80-90% of people who were eligible to apply for adjustment of status under the original Visa Bulletin were adversely affected by the changes announced by USCIS and DOS.

A class action challenging the new change was filed in the U.S. District Court for the Western District of Washington at Seattle on September 28, 2015. The complaint notes that in the absence of relief, plaintiffs and class members, “who have spent thousands of hours and millions of dollars preparing adjustment applications in reasonable reliance on the binding agency policy statements DOS published, will be irreparably harmed and left without any remedy for Defendants’ unlawful actions.” The complaint asks the court to declare, among other things, that the September 24 revision of the October 2015 Visa Bulletin constitutes unlawful agency action in violation of the Administrative Procedure Act. The Alliance of Business Immigration Lawyers (ABIL) filed a declaration supporting the complaint, and individual ABIL lawyers also filed declarations as experts. ABIL also plans to file an amicus brief in the litigation.

Below are a few examples of the extreme changes:

EB-2 China: Moved from 5/1/2014 to 1/1/2013 (1 year 5 months)
EB-2 India: Moved from 7/1/2011 to 7/1/2009 (2 years)
EB-3 Philippines: Moved from 1/1/2015 to 1/1/2010 (5 years)
FB-1 Mexico: Moved from 7/1/1995 to 4/1/1995 (3 months)
FB-3 Mexico: Moved from 10/1/1996 to 5/1/1995 (1 year 5 months)

The Visa Bulletin indicates when immigrant visas are available based on priority date. The priority date is the date on which the applicant’s relative or employer filed the immigrant visa petition on the applicant’s behalf. In case of employer sponsorship through labor certification, the priority date is the date the labor certification was filed with the Department of Labor. Certain immigrants may also “recapture” earlier priority dates established by other immigrant visa petitions on their behalf.

CLASS ACTION COMPLAINT

LATEST CHART, along with information on when to file

2. USCIS Resumes Final Adjudications of Employment-Based Adjustment Applications After Brief Suspension

U.S. Citizenship and Immigration Services (USCIS) announced on September 24, 2015, that it had suspended through September 30, 2015, the adjudication of all employment-based Form I-485 (Application to Register Permanent Residence or Adjust Status) adjustment applications pending with USCIS through that date, because the Department of State reported that the statutory cap was reached for the employment-based preference categories for fiscal year (FY) 2015.

USCIS resumed final adjudication of employment-based adjustment applications on October 1, 2015, when visa numbers were again available. USCIS noted that applicants filing an I-485 on or after October 1 should review the “When to File” section on the Visa Bulletin Info Web page to determine whether they are eligible.

VISA BULLETIN INFO WEB PAGE

3. White House Announces New Measures Under Citizenship Initiative

The Obama administration recently announced several new measures as part of its citizenship initiative. For example, on September 19, 2015, U.S. Citizenship and Immigration Services (USCIS) began accepting and processing credit card payments for the naturalization application and biometrics fee. Previously, the fees could only be paid with a check or money order.

USCIS also said it is entering into a formal partnership with the U.S. Department of Agriculture for the Farm Service Agency to provide temporary office space for USCIS officers in agricultural and rural communities that have significant numbers of immigrants but are not located near a USCIS office. Services under this pilot program will include biometrics collection, interviews for applications or petitions, informational appointments, and general presentations on immigration benefits.

USCIS also has begun live question-and-answer sessions on Twitter with USCIS experts answering non-case-specific questions.

The Department of Homeland Security’s Office of Immigration Statistics estimates that 8.8 million permanent residents (green card holders) are eligible to apply for citizenship. A recent analysis showed that the median time spent as a permanent resident before becoming a U.S. citizen was seven years. USCIS noted that green card holders who meet all eligibility requirements may apply for citizenship after five years, or after three years if they are married to a U.S. citizen.

4. ABIL Global: Netherlands

The Dutch government introduced the Startup Visa in 2015; requirements and early experiences are discussed.

On January 1, 2015, the Dutch government introduced a residence permit scheme for start-up companies. What are the requirements and what are the first experiences with this new permit scheme?

General

The Dutch government is keen on enhancing the ecosystem for startup companies with the goal of becoming a top-three startup hub within Europe. One of the instruments is a facilitated residence permit scheme for the owners of startup companies.

The general scheme for entrepreneurs has proven inadequate to accommodate the visa and residence needs of this category of businesses, mainly because of too-severe requirements in terms of capital demands and (forecasted) financial results. For startup companies, these demands often are hard to meet. A specific visa has been introduced where these demands don’t apply. The “startup visa” can be issued to the owners of startup companies that have been selected by, and have signed a contract with, a Dutch facilitator; i.e., a company that offers professional support for setting up and growing startup businesses.

Requirements

To sponsor a startup visa application, the facilitator must prove its expertise and reliability. This is assessed by the Ministry of Economic Affairs (MEA) upon request of the Immigration and Naturalization Service (IND). The main requirements are a proven track record of accompanying startups for at least two years, and a solid financial position.

The applying startup entrepreneur must substantiate that the product or service that is being developed is innovative, and that he or she will likely qualify for a permit based on the general points system within one year. This aspect is also assessed by MEA. The startup must provide a detailed milestone plan that includes:

the role the applicant fulfills in the startup;
the concept of the product or service the startup will deliver;
the innovativeness of the product or service; and
the milestones that need to be reached throughout the first year to take the startup from a mere concept to an actual undertaking.

The contract between the startup and the facilitator must describe:

the nature of the accompaniment and advice from the facilitator;
the conditions under which the accompaniment is offered; and
the stake that the facilitator has in the startup, if any.

Other Aspects

The startup visa is granted for one year and cannot be renewed. All persons participating in the startup company (e.g., as shareholders) are eligible for startup visas.

The anticipated total processing time is approximately four weeks. The first application was made on January 1, 2015, and was granted within five weeks. During that time, first the facilitator’s track record was approved, and subsequently the innovativeness of the startup was assessed. In essence, both the MEA and the IND proved to be able to move very fast under this scheme.

Results So Far

Since the introduction of the scheme, about 10 permits have been granted, and about 50 applications are still pending or have been denied. Although this could relate to “startup” problems and is not necessarily a reflection on the new scheme, the government’s special envoy for the improvement of the startup ecosystem, Neelie Kroes, has reportedly said that the number of visas granted should have been much higher by now, and that the new scheme is “a failure.”

5. New Publications and Items of Interest

The 2015 edition of the Global Business Immigration Practice Guide has just been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

An overview of the immigration law requirements and procedures for over 20 countries;
Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
A general overview of the appropriate options for a particular employee; and
Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

6. ABIL Member/Firm News

On September 17, 2015, more than 100 real estate developers, EB-5 regional centers, and other members of the EB-5 community attended Klasko Immigration Law Partners’ full-day seminar, “The Successful EB-5 Project: Development, Marketing and Compliance.” The seminar was held exclusively for EB-5 regional centers and developers interested in working with EB-5 financing. Speakers covered the entire EB-5 process, from the decision whether to include EB-5 in the capital stack to the last investor’s condition removal, and provided attendees with information to help navigate this complex and evolving program. H. Ronald Klasko said, “We hosted our second EB-5 seminar this year because we couldn’t accommodate everyone on the waiting list for our February seminar. Given the very favorable reaction of our clients and the EB-5 community, we intend to make this a regular event.”

Mark Ivener spoke on September 18, 2015, on the “EB-5 Green Card Program” at International Trade: Global Flows and the Digital Age, 4th Annual California Asian Business Summit, CalAsian Chamber of Commerce, Hilton OC Costa Mesa, California.

Robert Loughran will present on October 22, 2015, on “USCIS Policy Trends: An In-Depth Look at What’s Driving EB-5 Adjudication & Administration” at the IIUSA 5th Annual EB-5 Market Exchange in Dallas, Texas. The conference is the largest gathering of EB-5 professionals annually with over 500 attendees from around the world.

Mr. Loughran, who recently returned from Iraq, published an article in the September 2015 newsletter of the bilateral U.S.-Arab Chamber of Commerce. The article outlines the immigration challenges facing U.S. firms staffing projects in Iraq.

Mr. Loughran spoke at a U.S. Commerce Department-hosted event in Oslo, Norway, on September 14, 2015. The presentation focused on immigration options for individuals investing in the United States. He also spoke at a Chamber of Commerce & Industry of Southern Sweden event in Malmö, Sweden, on the same topic the next day.

Cyrus Mehta has authored several new blog entries. “It’s Déjà Vu All Over Again: State Department Moves Many Filing Dates Back From Previously Released October 2015 Bulletin” “Sophie Cruz and Pope Francis: Shattering Myths About Immigrants”

Lynn Susser will speak on October 15, 2015, at 2 p.m. on “Preparing for Client Travel Issues—CBP and Consulates,” an American Immigration Lawyers Association Webinar. FOR MORE INFORMATION OR TO REGISTER

Stephen Yale-Loehr was quoted in The Atlantic in “Should Congress Let Wealthy Foreigners Buy Green Cards?“, published on September 21, 2015. Mr. Yale-Loehr noted that “[t]here have been some rare but highly publicized failures in the EB-5 program.” He also said, among other things, that most wealthy foreigners who want to come to the United States “are doing it because they want the green card and it’s the fastest or best way to get a green card.”

Mr. Yale-Loehr was quoted in Fusion in “Deaf Mexican Immigrants Are Declaring Asylum in the U.S.—And Winning,” published on September 28, 2015. He said applying for asylum because of deafness was a unique and “creative interpretation” of the law. He noted that historically, people applying for asylum have a less than 50% chance of obtaining it, so the success of deaf immigrants so far is striking. “It’s sort of like granting asylum to gay[s] and lesbians and other persecuted minorities. The mere fact that these people have gone through the asylum gauntlet successfully means that they were able to prove that they have a real fear of persecution.”

7. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

Department of Labor processing times and information on backlogs

ANNOUNCEMENT ABOUT THE CHANGE

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 9B • September 15, 2015

September 15, 2015/in Immigration Insider /by ABIL

Headlines:

1. USCIS, State Dept. Revise Procedures for Determining Visa Availability for Adjustment of Status Applicants -Applicants will be able to file adjustment applications before their priority dates become current, based on a new second chart in the Visa Bulletin listing when applications can be filed.

2. CBP Redesigns ESTA Website for Visa Waiver Program -Some of the new features include access to frequently asked questions at any time during the application process; a mobile-friendly design that allows VWP visitors to apply and check the status of their ESTA applications using a smartphone; translation capability at any point in the application by choosing one of 23 languages; and availability of the Group feature at the beginning of the application process to make it easier for families and groups to submit their applications at the same time.

3. United States Announces ‘Trusted Traveler’ Trilateral Agreement With Canada and Mexico -The new agreement outlines the first steps toward the creation of a North American Trusted Traveler network. The agreement is expected to make it easier for eligible travelers in the United States, Mexico, and Canada to apply for expedited screening programs.

4. DHS Designates Yemen for Temporary Protected Status -The 180-day TPS registration period began on September 3, 2015, and runs through March 1, 2016. The TPS designation for Yemen is effective September 3, 2015, through March 3, 2017.

5. New Publications and Items of Interest -New Publications and Items of Interest

6. ABIL Member/Firm News -ABIL Member/Firm News

7. Government Agency Links -Government Agency Links

Details:

1. USCIS, State Dept. Revise Procedures for Determining Visa Availability for Adjustment of Status Applicants

U.S. Citizenship and Immigration Services (USCIS), in coordination with the Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored adjustment of status. Applicants will be able to file adjustment applications before their priority dates become current, based on a new second chart in the Visa Bulletin listing when adjustment applications can be filed. This change is expected to be particularly significant for Chinese (EB-2), Indian (EB-2), and Philippines (EB-3) applicants, who have experienced large backlogs.

USCIS said the revised process “will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.” USCIS also said the revised process will enhance DOS’s ability to predict more accurately overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. “This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates,” USCIS said.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Barack Obama and Secretary of Homeland Security Jeh Johnson.

The changes include two charts per visa preference category in the DOS Visa Bulletin:

Application Final Action Dates (dates when visas may finally be issued); and
Dates for Filing Applications (earliest dates when applicants may be able to apply).

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. USCIS said applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status. To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

Documentarily qualified visa applicants reported by DOS;
Pending adjustment of status applications reported by USCIS; and
Historical drop-off rate (for example, denials, withdrawals, abandonments).

The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority dates. The priority date is generally the date when the applicant’s relative or employer filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification must be filed with the applicant’s immigrant visa petition, the priority date is when the labor certification application was accepted for processing by the Department of Labor.

Comments. The Alliance of Business Immigration Lawyers (ABIL) commends DOS and USCIS for announcing these important changes that will provide much needed relief to Indian, Chinese, and Philippines applicants who are caught in the backlogs, such as the ability to obtain employment authorization and more job mobility. Even beneficiaries of family-based petitions will be able to take advantage of these benefits, if they are eligible to file for adjustment of status in the U.S. ABIL also proposed this change in its comments on modernizing the U.S. immigrant and nonimmigrant visa system in response to a notice published in 79 Fed. Reg. 78458 (Dec. 30, 2014), summarized at http://www.abil.com/news_detail.cfm?NEWS_ID=1225.

Visa availability will no longer be defined by when visas are actually available. The October Visa Bulletin now views it more broadly as “dates for filing visa applications within a time frame justifying immediate action in the application process.” USCIS similarly views visa availability opaquely as including “eligible applicants” who “are able to take one of the final steps in the process of becoming U.S. permanent residents.” These new interpretations provide more flexibility for DOS to move the filing date even further, and make it closer to current. The new way of interpreting visa availability makes it possible to file an adjustment of status application, along with all the accompanying benefits, and to even lock in the age of a child under the Child Status Protection Act, whether the applicant is in the United States or processing at a U.S. consulate. While ABIL strongly advocates that the same interpretation concerning visa availability that applies to eligibility for adjustment of status should also apply to the CSPA, we need to await further confirmation from the government on CSPA eligibility.

Below are some preliminary observations after a brainstorming session with a few members of ABIL on September 9, 2015. While we await further guidance from DOS and USCIS to be sure, ABIL strongly advocates these positions:

I-485 adjustment applications filed under the new filing priority date will result in the same benefits: EAD, Advance Parole, 204(j) portability, and CSPA protection.
With respect to an “after acquired” spouse, where the principal already has a pending
I-485, the spouse can file under the new filing priority date. Ultimately, both the principal’s and spouse’s I-485 application will be adjudicated when the priority date of the principal becomes current under the final action priority date.
There is no prohibition to filing a concurrent I-140/485 or I-130/485 under the filing priority date.
With respect to a priority date that has been captured from an old EB petition, the same rules apply—you have to see whether the captured priority date coincides with the filing priority date or the final action priority date.
There may be no need to submit a medical with an I-485 filed under the filing priority date, especially when there is a long interval (years) between the filing and the final action priority date.
The new policy applies to both family I-130 and employment I-140 petitions.
With respect to consular processing of cases, the filing priority date would be equally applicable, especially to lock in the age of a child under CSPA.
Do we have to rush to file all our I-485s in October 2015? The jury is not yet out whether the dual priority dates system will cause more backlogs and retrogression, although probably not, since the filing priority date, unlike the 2007 July Visa Bulletin, does not signify that visas are immediately available. We have enough time (around the 10^th of the month) to wait and watch how the dates will progress in November and beyond.

This change may also create an interesting strategic consideration for H-4 spouses who are eligible for an EAD. Will it be better to obtain an EAD as an H-4 spouse or obtain an EAD/Advance Parole “combo” card based on an I-485 filing? There will be pros and cons to each approach depending on the specific individual’s situation.

ADDITIONAL INFORMATION ABOUT WHEN TO FILE AN ADJUSTMENT APPLICATION

The executive actions being implemented in the Visa Bulletin were detailed in the White House report, “Modernizing and Streamlining Our Legal Immigration System for the 21^st Century,” issued in July 2015.

The changes are first appearing in the October 2015 Visa Bulletin.

CBP’s ANNOUNCEMENT OF THE REDESIGN

2. CBP Redesigns ESTA Website for Visa Waiver Program

U.S. Customs and Border Protection launched a redesigned Electronic System for Travel Authorization (ESTA) website for Visa Waiver Program (VWP) participants on September 10, 2015.

Some of the new features include access to frequently asked questions at any time during the application process; a mobile-friendly design that allows VWP visitors to apply and check the status of their ESTA applications using a smartphone; translation capability at any point in the application by choosing one of 23 languages; and availability of the Group feature at the beginning of the application process to make it easier for families and groups to submit their applications at the same time.

CBP said it conducted focus groups as part of the redesign process to better understand how to improve the website for the more than 19 million VWP visitors who use it each year. VWP visitors who have already applied for ESTA will be able to access their accounts on the new site. Travelers with valid ESTAs will not have to reapply for new ones until their current ESTAs expire or they receive new passports.

CBP noted that the VWP enables nationals of 38 designated countries to travel to the United States for tourism or business for stays of up to 90 days without first obtaining a visa. All nationals or citizens of VWP countries must have an approved ESTA before boarding a carrier to travel by air or sea to the United States under the VWP. ESTA applications should be submitted at least 72 hours before travel. Once approved, the ESTA is generally valid for up to two years or until the applicant’s passport expires. Authorizations are valid for multiple entries.

REDESIGNED ESTA APPLICATION WEBSITE

3. United States Announces ‘Trusted Traveler’ Trilateral Agreement With Canada and Mexico

The Department of Homeland Security (DHS) has joined Public Safety Canada and the Secretariat of Governance of Mexico in a trilateral agreement to expand “trusted traveler” programs. The new agreement, signed on July 10, 2015, outlines the first steps toward the creation of a North American Trusted Traveler network. The agreement is expected to make it easier for eligible travelers in the United States, Mexico, and Canada to apply for expedited screening programs.

As part of the agreement, Mexican nationals who are members of Mexico’s Viajero Confiable program will be able to apply for the U.S.-Canada NEXUS trusted traveler program, making them eligible for expedited screening benefits upon arrival at international airports in the United States and Canada. The arrangement will also allow Canadian citizens who are members of NEXUS to apply for Viajero Confiable, making them eligible for expedited screening benefits upon arrival at select international airports in Mexico. U.S. citizens are currently eligible to apply for the NEXUS and Viajero Confiable trusted traveler programs through existing partnerships between U.S. Customs and Border Protection (CBP), Public Safety Canada, and Mexico’s National Institute of Migration. Eligible travelers will be able to apply for each program beginning in 2016.

At the 2014 North American Leaders Summit in Toluca, Mexico, the leaders of the United States, Canada, and Mexico committed to the development of a trilateral trusted traveler network to facilitate air travel in North America. Facilitating secure air travel within North America is also a goal of the U.S.-Canada Beyond the Border initiative, the U.S.-Mexico 21^st Century Border Management Initiative, and the U.S.-Mexico High-Level Economic Dialogue.

USCIS ANNOUNCEMENT (English)

4. DHS Designates Yemen for Temporary Protected Status

The Department of Homeland Security (DHS) has designated Yemen for temporary protected status (TPS) for 18 months due to the ongoing armed conflict within the country. Eligible nationals of Yemen residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The 180-day TPS registration period began on September 3, 2015, and runs through March 1, 2016. The TPS designation for Yemen is effective September 3, 2015, through March 3, 2017.

DHS noted that Yemen “is experiencing widespread conflict and a resulting severe humanitarian emergency, and requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to their personal safety.” The designation means that during the designated period, eligible nationals of Yemen (and people without nationality who last habitually resided in Yemen) who are approved for TPS will not be removed from the United States and may receive an Employment Authorization Document (EAD).

To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been both “continuously physically present” and “continuously residing” in the United States since September 3, 2015. Applicants will also undergo thorough security checks. Those with certain criminal records or who pose a threat to national security are not eligible for TPS.

USCIS ANNOUNCEMENT (Arabic)

FEDERAL REGISTER NOTICE designating Yemen for TPS, and providing additional details about registering and eligibility

5. New Publications and Items of Interest

Webinars on E-Verify. Upcoming webinars on various aspects of E-Verify are available. Customized sessions on the topic, date, and time of your choice are available by e-mailing E-VerifyOutreach@uscis.dhs.gov. INFORMATION ABOUT UPCOMING WEBINARS

The 2015 edition of the Global Business Immigration Practice Guide has just been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

An overview of the immigration law requirements and procedures for over 20 countries;
Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
A general overview of the appropriate options for a particular employee; and
Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

6. ABIL Member/Firm News

Several ABIL members and their colleagues were selected for inclusion in the 22nd Edition of The Best Lawyers in America in the practice area of Immigration Law:

Bruce Buchanan (of Siskind Susser, PC)
Laura Danielson
Steve Garfinkel
Mark Ivener
H. Ronald Klasko
Charles Kuck
Vincent Lau
Robert Loughran
Sharon Mehlman
John Nahajzer
Julie Pearl
William Reich
Gregory Siskind (of Siskind Susser, PC)
William A. Stock (of Klasko Immigration and Nationality Law, LLP)
Lynn Susser
Andrew Wilson (of Serotte Reich Wilson, LLP)
Bernard Wolfsdorf
Stephen Yale-Loehr

Mr. Klasko participated as a panel member on the topic of “Investing Cash from Loan Proceeds” at the 4th Annual California EB-5 Conference, hosted by EB5 Investors Magazine. He explained the new USCIS policy to deny EB-5 petitions when the collateral for indebtedness is not owned by the investor. The conference welcomed nearly 500 regional centers, attorneys, and EB-5 program stakeholders, who joined keynote speaker Bob Goodlatte (R-VA), U.S. House of Representatives Judiciary Committee Chairman, and special guest speaker Ed Rendell, former Governor of Pennsylvania.

Mr. Lau and Steve Clark will speak on “Navigating Complex Waters of U.S. Immigration” before the Consulate General of Canada on September 17, 2015.

Mr. Lau will speak on several other upcoming panels:

“H-1B Trends,” American Immigration Lawyers Association’s New England Chapter Meeting, September 24, 2015
“Startup in America: Guidance on Foreign Entrepreneurship in the U.S.,” MIT Alumni Leadership Conference, September 25, 2015
“Business Immigration Compliance Affecting Your Global Workforce,” co-sponsored by the Massachusetts Chapter of the Federal Bar Association and the Federal Bar Association Immigration Law Section, September 30, 2015
“How U.S. Immigration Law Can Benefit Your Corporate Clients,” National American Pacific American Bar Association Regional Conference, October 3, 2015
“H-1B Issues,” National Association of Foreign Student Advisors Regional Conference, Farmington, Connecticut, October 21, 2015
“Prevailing Wage Determinations—The Highs and Lows,” American Immigration Lawyers Association, national webinar, December 3, 2015

Cyrus Mehta has authored several new blog entries. “Godot Has Arrived: Early Adjustment of Status Applications Possible Under the October 2015 Visa Bulletin” “Board of Immigration Appeals Provides Safeguards for Asylum Applicant With Mental Competency Issues”

Angelo Paparelli was quoted in Law360 in “4 Ways China’s Crash May Alter U.S. Real Estate Investment.” He said, “If anything, the China stock market plunge has primed the EB-5 pump. Before, potential EB-5 investors may have held off to see how high their stock holdings might go before liquidating assets and signing up for the U.S. investor green card program.” Now, he said, Chinese investors seem to be liquidating stocks before their values fall further. “Their goal is to diversify the asset mix and acquire holdings abroad—preferably in promising commercial real estate deals.” He noted that “Chinese investors’ interest in the EB-5 program remains robust.”

7. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

Department of Labor processing times and information on backlogs

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 9A • September 01, 2015

September 01, 2015/in Immigration Insider /by ABIL

Headlines:

1. New L-1B Memo Addresses Some Issues, But Concerns Remain -Some practitioners expressed concerns that the memo still gives adjudicators broad discretion to issue RFEs and denials.

2. USCIS Discontinues Legacy E-Filing System -After the legacy system is decommissioned and before the new system is fully operational, applicants must use paper forms for several categories.

3. DHS Extends TPS Designation for Haiti by 18 Months -Current TPS Haiti beneficiaries seeking to extend their TPS status must re-register during a 60-day period that runs through October 26, 2015.

4. Federal Prosecutors Drop Criminal Case Based on Evidence Seized From Laptop -Prosecutors told the U.S. Court of Appeals for the D.C. Circuit that they would not pursue the criminal case or challenge a U.S. District judge’s May ruling that the evidence, seized from a laptop without a warrant at the Los Angeles airport, could not be used.

5. DHS Announces Security Enhancements to Visa Waiver Program -DHS, along with the Department of State and some other federal agencies, will introduce a number of additional or revised security criteria for all VWP participants.

6. Canada Introduces New Entry Requirement for Some Visa-Exempt Foreign Nationals Traveling by Air -Canada has introduced a new entry requirement, known as Electronic Travel Authorization (eTA), for certain visa-exempt foreign nationals traveling to Canada by air, not including U.S. citizens.

7. ABIL Global: Canada -Canada has introduced a new immigrant investor venture capital pilot program.

8. New Publications and Items of Interest -New Publications and Items of Interest

9. ABIL Member/Firm News -ABIL Member/Firm News

10. Government Agency Links -Government Agency Links

Details:

1. New L-1B Memo Addresses Some Issues, But Concerns Remain

A new L-1B policy memorandum issued by U.S. Citizenship and Immigration Services (USCIS) provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the United States. It provides consolidated and authoritative guidance on the L-1B program, superseding and rescinding certain prior L-1B memoranda. Some practitioners expressed concerns that the memo still gives adjudicators broad discretion to issue requests for evidence (RFEs) and denials.

The memo notes the following “non-exhaustive” list of factors USCIS may consider when determining whether a beneficiary’s knowledge is specialized:

The beneficiary possesses knowledge of foreign operating conditions that is of significant value to the petitioning organization’s U.S. operations.
The beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the employer’s productivity, competitiveness, image, or financial position.
The beneficiary’s claimed specialized knowledge normally can be gained only through prior experience with the petitioning organization.
The beneficiary possesses knowledge of a product or process that cannot be easily transferred or taught to another individual without significant economic cost or inconvenience (because, for example, such knowledge may require substantial training, work experience, or education).
The beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily unique to the petitioning organization.
The beneficiary possesses knowledge that is particularly beneficial to the petitioning organization’s competitiveness in the marketplace.

The memo notes that specialized knowledge generally cannot be commonly held, lacking in complexity, or easily imparted to other individuals. Specialized knowledge need not be proprietary or unique to the petitioning organization. The memo also notes that the L-1B classification does not involve a test of the U.S. labor market, and that specialized knowledge workers need not occupy managerial or similar positions or command higher compensation than their peers.

MEMO, issued August 17, 2015

2. USCIS Discontinues Legacy E-Filing System

U.S. Citizenship and Immigration Services (USCIS) recently announced that it is discontinuing its legacy “e-Filing” system to maintain data security standards and focus resources on a replacement Electronic Immigration System.

The legacy e-Filing system offered online filing for several USCIS forms. After the legacy system is decommissioned and before the new system is fully operational, applicants must use paper forms when filing all categories of:

Form I-131, Application for Travel Document
Form I-140, Immigrant Petition for Alien Worker
Form I-765, Application for Employment Authorization
Form I-821, Application for Temporary Protected Status
Form I-907, Request for Premium Processing Service

The last day to start new forms in the e-Filing system was August 30, 2015. Applicants must complete and submit all forms by September 20, 2015, or file a paper form. Those who have a pending case submitted through the legacy e-Filing system do not need to take any action. USCIS said it will adjudicate those cases to completion.

USCIS noted that the forms being removed from the legacy e-Filing system will not be available immediately in the new Electronic Immigration System, but the agency plans to add them in the future. USCIS did not indicate when the new system would be fully implemented.

3. DHS Extends TPS Designation for Haiti by 18 Months

The Department of Homeland Security has extended Haiti’s temporary protected status (TPS) designation for an additional 18 months, through July 22, 2017.

Current TPS Haiti beneficiaries seeking to extend their TPS status must re-register during a 60-day period that began on August 25, 2015, and runs through October 26, 2015. U.S. Citizenship and Immigration Services (USCIS) is encouraging beneficiaries to re-register as soon as possible.

The 18-month extension also allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible TPS Haiti beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of July 22, 2017. USCIS said it recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS Haiti EADs bearing a January 22, 2016, expiration date for an additional six months. These existing EADs are now valid through July 22, 2016.

Haiti was initially designated for TPS on January 21, 2010, after a major earthquake devastated the country. Following consultations with other federal agencies, DHS determined that current conditions in Haiti support extending the designation period for current TPS beneficiaries.

To re-register, current TPS beneficiaries must submit:

Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the I-821 application fee);
The biometric services fee (or a fee waiver request) if they are 14 years old or older;
Form I-765, Application for Employment Authorization, regardless of whether they want an EAD; and
The Form I-765 application fee, or a fee waiver request, but only if they want an EAD. If the re-registrant does not want an EAD, no application fee is required.

Applicants may ask USCIS to waive the I-765 application fee and/or biometrics fee based on an inability to pay. To do so, applicants must file Form I-912, Request for Fee Waiver, or submit a written request. Fee waiver requests must be accompanied by supporting documentation.

FEDERAL REGISTER NOTICE announcing the extension

JUDGE JACKSON’S MAY 2015 ORDER

4. Federal Prosecutors Drop Criminal Case Based on Evidence Seized From Laptop

Federal prosecutors have dropped a criminal case against Jae Shik Kim, a Korean businessman, who was charged with violating economic sanctions based on evidence seized from his laptop. On August 11, 2015, prosecutors told the U.S. Court of Appeals for the D.C. Circuit that they would not pursue the criminal case or challenge an order U.S. District Judge Amy Berman Jackson made in May ruling that the evidence, seized without a warrant at the Los Angeles airport, could not be used.

Judge Jackson had noted, ” Given the vast storage capacity of even the most basic laptops, and the capacity of computers to retain metadata and even deleted material, one cannot treat an electronic storage device like a handbag simply because you can put things in it and then carry it onto a plane.” Jeff Ifrah, one of Kim’s lawyers, speculated that the federal government didn’t appeal the decision because it “could have resulted in some bad precedent about the type of searches that are going on every day at airports. I think they don’t want to be responsible for having a circuit court of appeals rule that those searches are illegal.” He called the case “clearly a violation of the Fourth Amendment.”

SECRETARY JOHNSON’S STATEMENT

5. DHS Announces Security Enhancements to Visa Waiver Program

On August 6, 2015, Department of Homeland Security (DHS) Secretary Jeh C. Johnson announced the agency’s intent to implement security enhancements to the Visa Waiver Program (VWP). He said that DHS, along with the Department of State and other federal agencies, will begin introducing “a number of additional or revised security criteria” for all VWP participants, to apply to both new and current members of the program. The VWP currently has 38 participating countries.

Most significant among the new security requirements, he said, would be required use of e-passports for all VWP travelers coming to the United States; required use of the INTERPOL Lost and Stolen Passport Database to screen travelers crossing a VWP country’s borders; and permission for the expanded use of U.S. federal air marshals on international flights from VWP countries to the United States.

U.S. Customs and Border Protection (CBP) has noted that DHS is concerned about the risks posed by the situation in Syria and Iraq, where increasing instability has attracted thousands of foreign fighters, including many from VWP countries. Such individuals could travel to the United States for operational purposes on their own or at the behest of violent extremist groups in Syria, CBP warned. Among other things, DHS has expanded the amount of information collected by its Electronic System for Travel Authorization (ESTA).

CBP ANNOUNCEMENT

FOR MORE INFORMATION OR TO APPLYFOR AN ETA

6. Canada Introduces New Entry Requirement for Some Visa-Exempt Foreign Nationals Traveling by Air

As of August 1, 2015, Canada has introduced a new entry requirement, known as Electronic Travel Authorization (eTA), for certain visa-exempt foreign nationals traveling to Canada by air. Exceptions include U.S. citizens and travelers with valid visas. Entry requirements for other methods of travel (e.g., land, sea) have not changed.

Eligible travelers can apply online for an eTA. On March 15, 2016, this entry requirement will become mandatory and such travelers will need an eTA before they can board a flight to Canada.

7. ABIL Global: Canada

Canada introduces new immigrant investor venture capital pilot program.

In January 2015, Citizenship and Immigration Canada (CIC) introduced a new Immigrant Investor Venture Capital (IIVC) Pilot Program to attract experienced business immigrants who can actively invest in the Canadian economy and thereby stimulate innovation, economic growth, and job creation.

Applicants must have a minimum personal net worth of CDN $10 million and make an at-risk investment of CDN $2 million in the IIVC Fund, which will be held for 15 years. Also, the applicant must: prove his or her proficiency in English or French in all four language abilities (speaking, reading, listening, and writing).

In addition, the applicant ordinarily must have a completed Canadian post-secondary degree, diploma, or certificate of at least one year or a foreign equivalent. However, if the applicant is able to demonstrate that he or she has a personal net worth of $50 million or more acquired through lawful, private sector business or investment activities, the applicant may request an exemption from the education requirement.

Since its inception, there have been a number of closures and re-openings under the IIVC program. The most recent re-opening of the program took place in May 2015.

CIC will accept applications until December 30, 2015, and will process the first 60 complete applications. CIC will also accept up to 60 additional applications that will be placed on a waiting list. The program may close earlier if 60 immigrant investors are approved for permanent residence, or once 60 applications are in process and 60 applications are on the waiting list.

8. New Publications and Items of Interest

Webinars on E-Verify. Upcoming webinars on various aspects of E-Verify will be held in September. Customized sessions on the topic, date, and time of your choice are available by e-mailing E-VerifyOutreach@uscis.dhs.gov. INFORMATION ABOUT THE WEBINAR

The 2015 edition of the Global Business Immigration Practice Guide has just been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

An overview of the immigration law requirements and procedures for over 20 countries;
Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
A general overview of the appropriate options for a particular employee; and
Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

9. ABIL Member/Firm News

Cyrus Mehta has authored a new blog entry. “Why Birthright Citizenship Is Most Wonderful For America!”

Mr. Mehta and Angelo Paparelli were quoted in Law360 in an article on the recent USCIS L-1B policy guidance memo. Mr. Paparelli noted, “An adjudicator with a mind to say no will not be stopped by this new memo.” Mr. Mehta noted that a list of evidence a company can submit to show that an employee’s knowledge constitutes “specialized knowledge” “smacks of what we will see in an RFE.” The article, published on August 19, 2015.

Mr. Paparelli and his partner at Seyfarth Shaw LLP, Greg White, were quoted in Law 360 in “New FINRA Rule May Spark Pushback From EB-5 Agents Abroad.” Mr. Paparelli said he didn’t think the rule would have a big immediate impact on the EB-5 marketplace: “The rule only applies to registered broker-dealers, and unfortunately, they have not made a substantial inroad into EB-5 transactions.” Commenting on the fact that the new FINRA rule stipulates that a foreign agent who does more than make an introduction must be a registered representative, Mr. White noted that “[o]nce a finder does more than make an introduction and receives so-called transaction-based compensation—i.e., a percentage of the deal—there’s an issue as to whether they have a problem with the [Securities and Exchange Commission].”

Stephen Yale-Loehr was quoted by Le Temps in French about birthright citizenship. He noted, ” Les Etats-Unis appartiennent à une trentaine de pays qui appliquent dans le monde le droit du sol inconditionnel.” The article, published on August 29, 2015.

Mr. Yale-Loehr was quoted by Univision in Spanish in an article about Dan-el Padilla Peralta, an undocumented person from the Dominican Republic that he represented. The article noted, “Stephen Yale-Loehr intentó regularizar su estatus migratorio en cada uno de sus años académicos hasta que finalmente logró para ese visado de trabajo.”

Mr. Yale-Loehr was quoted by the Miami Herald in an article about a ruling by a federal judge for the Obama administration to release hundreds of migrant women and children in detention centers awaiting hearings. Calling the decision “historic,” Mr. Yale Loehr noted, “If it stands, it will force major changes to the government’s family detention program.”

Mr. Yale-Loehr was quoted by CBS News in an article about birthright citizenship and a related policy paper issued by 2016 Republican presidential candidate Donald Trump, who called it “the biggest magnet for illegal immigration.” Mr. Yale-Loehr said ending birthright citizenship would require amending the Constitution. “It would require a vote of two-thirds of both houses of Congress and then ratification by three-fourths of the state legislatures so politically, I think that’s almost impossible. Some people believe that [Congress] could simply pass a statute to end birthright citizenship without having to amend the Constitution, but I think that most legal scholars believe that a constitutional amendment is required.”

Mr. Yale-Loehr was quoted by Bloomberg BNA’s Daily Labor Report in “Concern Over Proposed EB-5 Changes May Become Much Ado About Nothing.” “The chances are pretty slim” that the EB-5 program won’t be reauthorized, he said, noting that the regional center program is very popular, especially among members of Congress who note that it creates U.S. jobs at no expense to taxpayers. The article is reproduced with permission at Miller Mayer.

10. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

Department of Labor processing times and information on backlogs

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 8B • August 15, 2015

August 15, 2015/in Immigration Insider /by ABIL

Headlines:

1. District Court Strikes Down DHS Rule Extending STEM OPT, But Stays Action Until 2016 -The court struck down a 2008 interim rule extending the duration of STEM OPT by 17 months but stayed that action until February 12, 2016, to avoid disruption and allow DHS to submit the rule for notice and comment.

2. GAO Calls for Better Assessment of Fraud Risks, Economic Benefits From EB-5 Program -The GAO noted that fraud risks are constantly evolving and that USCIS continually identifies new fraud schemes, but the agency does not have documented plans to conduct regular future risk assessments.

3. Senate Holds Hearing on Obama Administration’s Executive Actions -The hearing followed the White House’s announcement on July 15, 2015, of progress on the Obama administration’s executive actions on immigration and next steps, as part of an effort begun in November 2014 to address problems in the U.S. immigration system through a series of executive actions.

4. USCIS Accounts for Returns of Erroneously Issued DACA EADs -USCIS said it has accounted for over 99 percent of the approximately 2,600 identified invalid work permits requiring return.

5. TPS Registration Deadline is August 18 for Liberia, Guinea, Sierra Leone -The TPS designations for these three countries run through May 21, 2016.

6. USCIS Summarizes Temporary Immigration Relief Measures for Marianas -USCIS reminded people affected by Typhoon Soudelor that certain U.S. immigration benefits or relief may be available to them.

7. New Publications and Items of Interest -New Publications and Items of Interest

8. ABIL Member/Firm News -ABIL Member/Firm News

9. Government Agency Links –Government Agency Links

Details:

1. District Court Strikes Down DHS Rule Extending STEM OPT, But Stays Action Until 2016

The U.S. District Court for the District of Columbia recently struck down an interim rule promulgated by the Department of Homeland Security (DHS) in April 2008 extending, for eligible science, technology, engineering, and mathematics (STEM) students, the duration of optional practical training (OPT) by 17 months. However, the court stayed that action until February 12, 2016, to avoid disruption and allow DHS to submit the rule for notice and comment.

The plaintiff, Washington Alliance of Technology Workers, a collective-bargaining organization that represents STEM workers, had challenged the interim rule. The complaint alleged, among other things, that the plaintiff’s members who had technology-related degrees in the computer programming field and had applied for STEM employment were in direct and current competition with OPT students on a STEM extension.

OPT allows a nonimmigrant foreign national on an F-1 student visa to engage in employment during and after completing a course of study at a U.S. educational institution. When DHS published the interim rule, the agency explained that OPT employees often are unable to obtain H-1B status within their authorized period of stay in F-1 status, including the 12-month OPT period, and thus are forced to leave the United States. “The inability of U.S. employers, in particular in the fields of science, technology, engineering and mathematics, to obtain H-1B status for highly skilled foreign students and foreign nonimmigrant workers has adversely affected the ability of U.S. employers to recruit and retain skilled workers and creates a competitive disadvantage for U.S. companies,” DHS said.

The court vacated the 17-month STEM extension described in the interim rule at 73 Fed. Reg. 18944 (Apr. 8, 2008), but stayed the vacatur until February 12, 2016, and remanded to DHS for further proceedings. The court concluded that immediate vacatur of the 2008 rule would be “seriously disruptive,” noting that in 2008, DHS estimated that there were approximately 70,000 F-1 students on OPT and that one-third had earned degrees in a STEM field. While DHS has not disclosed the number of people currently taking advantage of the OPT STEM extension, the court said it had no doubt that vacating the 2008 rule would force thousands of foreign students with work authorizations to scramble to depart the United States Vacating the 2008 rule could also impose a costly burden on the U.S. tech sector, the court noted, if thousands of young workers have to leave their jobs quickly. The court said it saw no way of immediately restoring the pre-2008 status quo without causing substantial hardship for foreign students and a major labor disruption for the technology sector. As such, the court ordered that the vacatur be stayed until February 12, 2016, “during which time DHS can submit the 2008 Rule for proper notice and comment.”

DECISION

2. GAO Calls for Better Assessment of Fraud Risks, Economic Benefits From EB-5 Program

The U.S. Government Accountability Office (GAO) recently released a report that calls for additional actions to better assess fraud risks and report economic benefits in the EB-5 program. The GAO noted that fraud risks are constantly evolving and that U.S. Citizenship and Immigration Services (USCIS) continually identifies new fraud schemes, but the agency does not have documented plans to conduct regular future risk assessments.

Among other things, fraud risks previously identified include uncertainties about whether invested funds are obtained lawfully and various investment-related schemes to defraud investors. The GAO noted that USCIS has taken steps to address fraud risks by enhancing its fraud risk management efforts, including establishing a dedicated entity to oversee these efforts. However, USCIS’s information systems and processes limit its ability to collect and use data on EB-5 program participants to address fraud risks. The GAO noted that USCIS plans to collect and maintain more complete data in its new information system; however, the GAO reported in May 2015 that the new system is nearly four years delayed. In the meantime, USCIS does not have a strategy for collecting additional information, including some information on businesses supported by EB-5 program investments, that officials noted could help mitigate fraud, such as misrepresentation of new businesses. Given that information system improvements with the potential to expand USCIS’s fraud mitigation efforts will not take effect until 2017 at the earliest and that gaps exist in USCIS’s other information collection efforts, developing a strategy for collecting such information would better position USCIS to identify and mitigate potential fraud, the GAO said.

The GAO noted that USCIS increased its capacity to verify job creation by increasing the size and expertise of its workforce and providing clarifying guidance and training, among other actions. However, the GAO said that USCIS’s methodology for reporting program outcomes and overall economic benefits “is not valid and reliable because it may understate or overstate program benefits in certain instances” because it is based on the minimum program requirements of 10 jobs and a $500,000 investment per investor instead of the number of jobs and investment amounts collected by USCIS on individual EB-5 program forms. For example, the GAO noted, USCIS reported 4,500 jobs for 450 investors on one project using its methodology instead of 10,500 jobs reported on EB-5 program forms for that project. Further, investment amounts are not adjusted for investors who do not complete the program or invest $1 million instead of $500,000. USCIS officials said they were not statutorily required to develop a more comprehensive assessment. However, tracking and analyzing data on jobs and investments reported on program forms would better position USCIS to more reliably assess and report on the EB-5 program’s economic benefits, the GAO said.

The report, “Immigrant Investor Program: Additional Actions Needed to Better Assess Fraud Risks and Report Economic Benefits” (GAO-15-696)

3. Senate Holds Hearing on Obama Administration’s Executive Actions

The U.S. Senate Committee on the Judiciary held a hearing on July 21, 2015, “Oversight of the Administration’s Misdirected Immigration Enforcement Policies: Examining the Impact on Public Safety and Honoring the Victims.” The hearing followed the White House’s announcement on July 15, 2015, of progress on the Obama administration’s executive actions on immigration and next steps, as part of an effort begun in November 2014 to address problems in the U.S. immigration system through a series of executive actions.

Those testifying at the hearing included U.S. Citizenship and Immigration Services (USCIS) Director Leon Rodriguez; Grace Huang, Public Policy Coordinator, Washington State Coalition Against Domestic Violence; J. Thomas Manger, Chief of Police, Montgomery County (Maryland) Police Department; Sarah Saldaña, Assistant Secretary, U.S. Immigration and Customs Enforcement; and others. Judiciary Committee members Charles Grassley (R-IA) and Patrick Leahy (D-VT) submitted statements.

In his opening statement, Sen. Grassley said that the Obama administration, “in too many cases, has turned a blind eye to enforcement, even releasing thousands of criminals at its own discretion, many of whom have gone on to commit serious crimes, including murder.” He also said that the administration has granted deferred action “to criminal aliens who have committed heinous crimes after receiving this relief from deportation.” Sen. Grassley noted that he has written to Homeland Security Secretary Jeh Johnson about four specific cases in which such individuals received Deferred Action for Childhood Arrivals (DACA). “One of those beneficiaries was a known gang member when he applied and received DACA, then went on to kill four people in North Carolina. Another DACA recipient used his work authorization to gain employment at a popular youth camp in California, where he was recently arrested for child molestation, and distribution of child pornography. I am still waiting for responses on some of these cases,” Sen. Grassley said.

Sen. Leahy noted that immigrants are statistically less likely than individuals born in the United States to commit crimes, and said crimes by certain people “should not be used as an excuse for demonizing an entire community.” He also noted that the Obama administration “has committed unprecedented resources to enforcement efforts at the border and in the interior,” spending nearly $18.5 billion per year on enforcement, “which exceeds all other federal criminal law enforcement spending combined.” The Obama administration, he noted, has removed more individuals than any other administration.

Mr. Rodriguez summarized key executive actions on immigration issues, including DACA. He noted, among other things, that through the end of March 2015, USCIS had received 1,175,689 DACA requests, and rejected and returned more than 71,000 at the outset. Of the 1,104,594 DACA requests accepted by USCIS for consideration, 748,789 were initial requests and 355,805 were renewal requests. Of the initial requests, USCIS approved 664,607 and denied 43,375; 40,807 remained pending as of the hearing date. Of the renewal requests, USCIS approved 243,872 and denied 414; 111,519 remained pending as of the hearing date. Mr. Rodriguez noted that denials may occur when a DACA requestor does not meet the continuous residence or education guidelines, is deemed to pose a threat to national security or public safety, or is otherwise deemed not to warrant deferred action based on a case-by-case review of each application.

He noted that these figures “do not illustrate the human face of DACA.” He noted, for example, the situation of twin sisters who were born in Mexico. Their mother brought them to the United States when they were five years old. The sisters therefore spent most of their childhood in the United States, but did not know if they could ever go to college because they were undocumented. They received DACA and went on to graduate from high school with honors and are now attending a prestigious college. They have said they are committed to working hard so they can give back to the university and the nation. Mr. Rodriguez said they are two of many examples of young people who are now able to fully contribute to their communities and to the nation because they can “finally emerge from the shadows, and give back to the community.” He noted that DACA is part of a greater effort to ensure that valuable and limited enforcement resources “are spent wisely and focused on those individuals who are a danger to national security or a risk to public safety” rather than on people such as the twin sisters he described.

Mr. Rodriguez also noted that when the district court issued a preliminary injunction in Texas v. United States, USCIS ceased preparations to implement the new DACA eligibility guidelines and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). USCIS also took immediate steps intended to ensure that the agency ceased issuing three-year (rather than two-year) periods of deferred action and work authorization to DACA recipients processed under the 2012 memorandum (a change that had begun, as directed by the memorandum, on November 24, 2014). He noted that between November 24, 2014, and the date of the injunction, USCIS granted approximately 108,000 three-year employment authorization documents (EADs) to renewal and initial requestors who were granted deferred action under the 2012 DACA guidelines. He said that the vast majority of these requests were filed before issuance of the 10 memoranda on November 20, 2014, announcing the executive actions. He said the large number of requests and decisions during this period reflected the natural cycle of DACA renewals, as the initial two-year periods of deferred action and work authorization were expiring for those persons who were granted DACA during the initial months after its launch in 2012.

He acknowledged that USCIS failed to prevent the release of approximately 2,000 three-year EADs for individuals eligible for 2012 DACA once the agency’s initial February 17 freeze on all EADs was lifted, and thereafter erroneously issued a small number of three-year EADs due to “manual errors.” In addition, he said, USCIS re-mailed some three-year EADs (approximately 500) that had initially been mailed before the injunction, were returned by the U.S. Postal Service as undeliverable, and were re-mailed by USCIS after the injunction.

Mr. Rodriguez said that as the director of USCIS, “I accept full responsibility for these mistakes.” He noted that the Secretary of Homeland Security has asked the DHS Office of Inspector General (OIG) to investigate the circumstances of the issuance of the approximately 2000 three-year EADs after the issuance of the preliminary injunction order. “USCIS fully supports this investigation, and like Secretary Johnson, I have notified agency leadership and relevant staff components directing full and expedited cooperation with the OIG,” he said.

He also said that USCIS has implemented corrective measures, including the conversion of all the validity periods of deferred action and employment authorization to two years, and that the agency is issuing new two-year EADs for each of the 2,000 erroneously issued three-year EADs, as well as those approximately 500 returned as undeliverable. USCIS notified those individuals who received the now-invalid three-year EADs that their deferred action and employment authorization would be terminated on July 31, 2015, if those individuals did not comply with the requirements for returning the invalid EADs. Additionally, Mr. Rodriguez directed the agency to take additional precautions, “including the modification of USCIS computer systems and additional quality control measures to further minimize the potential for manual error that could lead to unintended issuance of three-year EADs, instead of two years, in future DACA cases,” he said.

TESTIMONY STATEMENTS of all the witnesses at the hearing

USCIS’ JULY 27 ANNOUNCEMENT

4. USCIS Accounts for Returns of Erroneously Issued DACA EADs

U.S. Citizenship and Immigration Services (USCIS) issued an update on August 5, 2015, regarding returns of erroneously issued employment authorization documents (EADs) with more than two years of validity issued after February 16, 2015, to certain Deferred Action for Childhood Arrivals (DACA) recipients. This was after a court order was in place prohibiting the agency from conferring DACA for more than two years. After the court order in Texas v. United States, USCIS can approve deferred action requests and related employment authorization applications based on DACA only for two-year periods.

USCIS said it has accounted for over 99 percent of the approximately 2,600 identified invalid work permits requiring return. Twenty-two of the approximately 2,600 recipients failed to return their work permits or certify good cause for not doing so by the deadline of July 30, 2015. As a result, USCIS terminated DACA for those 22 people.

USCIS noted that the recall only applied to some individuals who received a card after the February 16, 2015, court order; there are approximately 108,000 individuals who have valid three-year DACA work permits and do not need to return them. USCIS said that those who were affected by the recall and returned their invalid three-year work permits should use Case Status Online to verify whether USCIS received the work permit.

Those who returned their cards but their DACA and work authorization was terminated should either call USCIS at 1-800-375-5283, select option 1 for English, then option 8; or visit their local USCIS field offices between 9 a.m. and 3 p.m. Monday through Friday.

CASE STATUS ONLINE

“QUICK FACTS” SHEET

USCIS LETTER sent July 14 to affected DACA recipients

SEPTEMBER 2014 PRESIDENTIAL MEMORANDUM ON DED

5. TPS Registration Deadline is August 18 for Liberia, Guinea, Sierra Leone

Tuesday, August 18, 2015, is the deadline for eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries) to register for temporary protected status (TPS). The deadline marks the end of the 90-day extension of the initial registration period, U.S. Citizenship and Immigration Services (USCIS) said in a reminder. The TPS designations for these three countries began on November 21, 2014, and run through May 21, 2016.

Eligibility criteria include having been “continuously residing” in the United States since November 20, 2014, and having been “continuously physically present in” the United States since November 21, 2014. Eligible persons also must undergo security checks. Those with certain criminal records or who pose a threat to national security are not eligible for TPS.

Liberian nationals currently covered under the two-year extension of deferred enforced departure (DED) based on President Obama’s September 26, 2014, are eligible for TPS. Liberians under DED who have an employment authorization document (EAD) or have applied for an EAD do not need to apply for another EAD related to this TPS designation. However, those who are granted TPS may request a TPS-related EAD at a later date as long as the TPS designation for Liberia remains in effect.

Those who wish to register for TPS must submit Form I-821, Application for Temporary Protected Status; the biometrics services fee (or fee waiver request with documentation) for those who are 14 years old or older; Form I-765, Application for Employment Authorization (regardless of whether the applicant wants an EAD); and the I-765 application fee or fee waiver request with documentation for those who want an EAD. No application fee for the I-765 is required for those who do not want an EAD, and for initial applicants under the age of 14, or 66 and over; the latter may receive their initial EAD cards at no charge.

TPS ANNOUNCEMENT (in French)

ADDITIONAL INFORMATION about TPS for Liberia, Guinea, and Sierra Leone, including guidance on eligibility, the application process and where to file

6. USCIS Summarizes Temporary Immigration Relief Measures for Marianas

U.S. Citizenship and Immigration Services (USCIS) recently reminded people affected by Typhoon Soudelor, which caused extensive damage in the Commonwealth of the Northern Mariana Islands (CNMI) on August 2, 2014, that certain U.S. immigration benefits or relief may be available to them. USCIS said it understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status or obtain certain other immigration benefits.

Eligible individuals may request or apply for temporary relief measures, including:

A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
Extension or re-parole of individuals previously granted parole by USCIS;
Expedited adjudication of employment authorization applications; and
Assistance to lawful permanent residents (LPRs) stranded overseas without immigration or travel documents, such as permanent resident cards (green cards). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in a place that does not have a local USCIS office.

USCIS noted that the agency “may also exercise its discretion to allow for filing delays resulting from the typhoon.” This may include, for example:

Assistance to those who have not appeared for an interview or submitted required forms of evidence. USCIS noted, “You may show how the typhoon prevented you from appearing or submitting documents as required”; or
Assistance to those who have not been able to respond to a request for evidence (RFE) or notice of intent to deny (NOID). USCIS said it will extend the deadline for individuals to respond to RFEs or NOIDs by 30 days. This applies to all RFEs and NOIDs with a deadline of August 2 through September 2, 2015. During this time, USCIS said it “will not issue denials based on abandonment of an application or petition in the CNMI.”

USCIS will continue to monitor the situation and will provide updated guidance as needed.

The agency referred people HERE for more information on “special situations.”

7. New Publications and Items of Interest

Webinars on E-Verify. Upcoming webinars on E-Verify will be held on August 18, 25, and 27 (Form I-9); August 24 (E-Verify Easy Enrollment); August 19 (E-Verify for Executives); August 27 (E-Verify in 30); August 26 (Spanish E-Verify & Form I-9); August 18, 20, and 27 (E-Verify Overview); August 27 (Federal Contractor E-Verify); August 17 and 26 (E-Verify for Existing Users); and August 25 (employee session on myE-Verify). Customized sessions on the topic, date, and time of your choice are available by e-mailing E-VerifyOutreach@uscis.dhs.gov. MORE INFORMATION ON WEBINARS

The 2015 edition of the Global Business Immigration Practice Guide has just been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

An overview of the immigration law requirements and procedures for over 20 countries;
Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
A general overview of the appropriate options for a particular employee; and
Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

8. ABIL Member/Firm News

H. Ronald Klasko was quoted by Law360 on August 4, 2015, in “Attys Slammed With EB-5 Requests as Expiration Date Looms.” “It has never, ever been anywhere near this busy,” he noted. “Almost certainly, the program will be extended. But whether it’s an extension by itself or an extension with some [reforms], nobody really knows right now.”

Robert F. Loughran was featured in a Law360 article about pending USCIS guidance for employers regarding 3-year DACA permits. He noted that employers should not look beyond genuine-looking documents presented by employees when filling out the Form I-9. “Their business is not to be deputized immigration officers. That only ends badly,” he said.

Cyrus Mehta has authored a new blog entry. “Opportunity Knocks in Disappointing Decision Vacating STEM Optional Practical Training Rule for Foreign Students”

Cora-Ann V. Pestaina, of Cyrus D. Mehta & Associates, PLLC, has authored a new blog entry. “BALCA, What Have You Been Up To So Far in 2015?”

Angelo Paparelli was quoted in Site Selection‘s July 2015 edition, in “Greener Pastures,” about the EB-5 program. He said he is heartened by “reasonable additional regulation” of EB-5, such as anti-fraud measures. He also noted rapidly increasing interest in the EB-5 program from institutional players, but said he foresees a shakeout: “We may see a smaller number of regional centers, or see special-purpose regional centers that really are there only to promote the developers’ transactions.” One retired Department of Homeland Security official told Mr. Paparelli that if the regulations become too onerous, investors “will lose their appetite.”

Mr. Paparelli was quoted in Law360 on August 11, 2015, in “U.S. Clarifies EB-5 Amid Continued Chinese Demand.” Commenting on a USCIS policy memorandum clarifying issues of job creation and investment requirements for the EB-5 program, he noted, “In some respects it’s a very helpful clarification. There’s a recognition that if the jobs were created but subsequent events—liquidation or bankruptcy—were to occur, permanent resident status would also be attainable. This is a significant development.” He also said that “[t]here could be some fine-tuning of the [memorandum]. Perhaps some examples should be introduced into the document. All in all, it is a welcome change.”

Bernard Wolfsdorf will be the Conference Program Chair at the 2015 American Immigration Lawyers Association’s EB-5 Investors Summit, to be held August 27-28, 2015, in Las Vegas, Nevada. He will also be presenting on two panels with Charles Oppenheim, Chief of Immigrant Visa Control & Reporting, U.S. Department of State, discussing the effect of Chinese retrogression and the Child Status Protection Act, as well as tips for working with the National Visa Center. The summit will provide the opportunity to learn from critical parts of an EB-5 team, including securities lawyers, business plan writers, economists, developers, migration agents, and regional centers. FOR MORE INFORMATION OR TO REGISTER.

Mr. Wolfsdorf has authored two new blog entries. “Five Reasons Why the EB-5 Immigrant Visa is the Best Option for Chinese Students (Who Can Invest $500,000)” “Urgent Practice Advisory for Preparation of Source of Funds Reports”

Richard Yemm of Wolfsdorf Rosenthal LLP will host a free webinar on “Artist & Entertainer Work Visas (O & P) & Green Cards (EB-11)” on Thursday, August 20, 2015, from 12:30 to 1:45 p.m. (PDT). The webinar will address successful strategies for processing petitions for artists of extraordinary ability, and provide an in-depth discussion on how to qualify for and meet the various eligibility criteria. FOR MORE INFORMATION OR TO REGISTER.

Stephen Yale-Loehr was quoted by Law360 on August 4, 2015, in “Attys Slammed With EB-5 Requests as Expiration Date Looms.” He noted that attorneys at his firm have “basically given up our summer vacations” to work on the influx of cases. “Investors are spooked. And we’re seeing a dramatic rise in the number of investors who are trying to get their petitions filed before September 30, and project developers who are trying to finalize their projects … and that’s causing increased work for both immigration attorneys and the immigration agency.”

9. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

Department of Labor processing times and information on backlogs

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 8A • August 01, 2015

August 01, 2015/in Immigration Insider /by ABIL

Headlines:

1. USCIS Issues Final Guidance on When To File Amended or New H-1B Petitions After Matter of Simeio Solutions -In general, H-1B petitioners must file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition.

2. Obama Administration Moves Forward With Executive Actions -On July 15, 2015, the White House announced progress and next steps in an effort begun in November 2014 to address problems in the U.S. immigration system through a series of executive actions.

3. USCIS Demands Return of Erroneously Issued DACA EADs -USCIS sent letters demanding the return of new, erroneously issued EADs with more than two years of validity sent after February 16, 2015, to certain DACA recipients.

4. USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers -The proposed rule would expand eligibility to all foreign nationals who are statutorily eligible for an immigrant visa and for a waiver of inadmissibility based on unlawful presence.

5. ABIL Global: Canada -Canada implements Express Entry.

6. New Publications and Items of Interest -New Publications and Items of Interest

7. ABIL Member/Firm News -ABIL Member/Firm News

8. Government Agency Links -Government Agency Links

Details:

1. USCIS Issues Final Guidance on When To File Amended or New H-1B Petitions After Matter of Simeio Solutions

U.S. Citizenship and Immigration Services (USCIS) issued final guidance on July 21, 2015, on when to file an amended or new H-1B petition after the precedent decision in Matter of Simeio Solutions, LLC (Simeio).

USCIS said that Simeio, issued on April 9, 2015, represents the USCIS position that H-1B petitioners must file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition. Specifically, an H-1B employer must file a new H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s place of employment.

On May 21, 2015, USCIS issued draft guidance and solicited public comment on the implementation of Simeio. After considering the feedback submitted, USCIS issued the new guidance, which is effective as of July 21. USCIS noted that although the final guidance responds to many of the comments received, some suggestions and inquiries were outside the scope of Simeio. USCIS said it will consider addressing those remaining questions, as necessary, in the near future.

In general, USCIS said, a petitioner must file an amended or new H-1B petition if the H-1B employee is changing his or her place of employment to a geographical area requiring a corresponding LCA to be certified to USCIS, even if a new LCA is already certified by the U.S. Department of Labor and posted at the new work location. Once a petitioner properly files the amended or new H-1B petition, the H-1B employee can immediately begin to work at the new place of employment, provided the requirements of section 214(n) of the INA are otherwise satisfied. The petitioner does not have to wait for a final decision on the amended or new petition for the H-1B employee to start work at the new place of employment.

The memo also notes when a petitioner does not need to file an amended or new H-1B petition. If a petitioner’s H-1B employee is moving to a new job location within the same area of intended employment, for example, a new LCA is not generally required. Therefore, provided there are no changes in the terms and conditions of employment that may affect eligibility for H-1B classification, the petitioner does not need to file an amended or new H-1B petition. The petitioner must still post the original LCA in the new work location within the same area of intended employment.

Similarly, with respect to short-term placements under certain circumstances, a petitioner may place an H-1B employee at a new worksite for up to 30 days, and in some cases 60 days (where the employee is still based at the “home” worksite) without obtaining a new LCA or having to file an amended or new H-1B petition.

Also, if an H-1B employee is only going to a non-worksite location and there are no material changes in the authorized employment, the petitioner does not need to file an amended or new H-1B petition. A location is considered “non-worksite” if: (1) the H-1B employee is going to a location to participate in employee developmental activity, such as a management conference or staff seminar; (2) the H-1B employee spends little time at any one location; or (3) the job is “peripatetic in nature,” such as in a situation where the employee’s job is primarily at one location but he or she occasionally travels for short periods to other locations “on a casual, short-term basis, which can be recurring but not excessive (i.e., not exceeding 5 consecutive workdays for any one visit by a worker who spends most work time at one location and travels occasionally to other locations.”

USCIS said that it will exercise discretion in several ways, specified in the memorandum, to accommodate petitioners who need to come into compliance with Simeio. For example, the memo noted that if an employer transferred an H-1B employee to a new location on or before April 9, the date of the Simeiodecision, the agency generally will not pursue new adverse actions, even if the employer does not file an amended petition. The memo also specifies certain circumstances in which USCIS will pursue new adverse actions against employers or preserve adverse actions already begun.

FINAL GUIDANCE

SIMEIO

USCIS’s ANNOUNCEMENT

2. Obama Administration Moves Forward With Executive Actions

On July 15, 2015, the White House announced progress and next steps in an effort begun in November 2014 to address problems in the U.S. immigration system through a series of executive actions. The next steps in this effort are summarized in a new report, “Modernizing and Streamlining Our Legal Immigration System for the 21st Century.” The report includes a wide range of new actions that federal agencies are undertaking to improve the visa experience for families, workers, employers, and people in need of humanitarian relief.

Among other things, President Obama directed key federal agencies responsible for administering the legal immigration system to explore ways to modernize and streamline the system while helping the U.S. economy and improving services for applicants. Some of the recommendations summarized in the new report include:

Improving the issuance of employment-based immigrant visa numbers;
Increasing efficiency for international arrivals through enhanced technology and increasing the focus on high-risk travelers;
Implementing the “Known Employer Program,” which will allow employers meeting strict criteria to pre-establish certain requirements as petitioners, by creating a prototype, publishing a report upon completion of the pilot, and creating an implementation plan for a permanent program;
Improving integrity and increasing the minimum investment for immigrant investor visas; and
Enhancing opportunities and providing greater clarity for certain nonimmigrants, including the circumstances under which U.S. employers may directly sponsor students on F-1 visas for lawful permanent residence.

The report notes progress since the November announcement on several of the Obama administration’s executive actions. For example, regarding a directive to clarify options for intracompany transfers to the United States, USCIS recently published a “consolidated and authoritative policy memorandum” on the L-1B intracompany transferee classification for workers with specialized knowledge. The report says that USCIS plans to issue a final memorandum effective August 31, 2015.

Also, USCIS published a final regulation, effective May 26, 2015, extending eligibility for work authorization to certain H-4 spouses of H-1B workers who are on the path to lawful permanent resident status. USCIS also published a notice of proposed rulemaking on July 15, 2015, that would expand an existing process to provide provisional waivers to certain family members of U.S. citizens and lawful permanent residents seeking to obtain lawful permanent residence, thereby reducing family separation. The final rule will be published in spring 2016. The report notes that the Department of Homeland Security (DHS) is working to clarify the definition of extreme hardship, which must be proven by applicants seeking provisional waivers, and plans to release guidance on this issue in the near future.

Also, the report says that the Obama administration “continues to move forward” with expanding opportunities for foreign investors, researchers, and entrepreneurs. Toward that end, DHS plans to propose, consistent with its existing parole authority, a parole program for entrepreneurs who would provide a “significant public benefit”; for example, because they have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies. DHS also will clarify guidance on the standard by which a national interest waiver can be granted, with the aim of promoting its greater use for the benefit of the U.S. economy.

The report also notes that DHS is evaluating the Optional Practical Training program for foreign students and graduates of U.S. universities, to determine how to enhance the program “in a manner that strengthens the program and improves training for students who will enhance American innovation and competitiveness, while protecting U.S. workers.”

The report includes a number of goals on the technology front. For example, the Obama administration wants to provide applicants with a single “dashboard” that allows them to view their case status in the overall process. Currently, the report explains, applicants must check with DHS and the Department of State individually to view their current status. Ideally, the report says, this information would be aggregated, requiring that only one dashboard be checked for an overview of one’s application, and all related components.

On the consular front, the report notes that officers do not have a consistent way of receiving feedback about the visa process, both overseas and in the United States, from key participants, such as applicants, petitioners, lawyers, and community groups. The report says this limits an exchange of information that might help clarify rules, reduce misinformation, and produce valuable insights about consular post processes. The Obama administration is directing the Department of State to share visa process information with key sectors of the public via messages and media with the goal of providing information and engaging in a two-way dialogue so their feedback and input are incorporated into the process.

A related goal is to increase public outreach and engagement efforts by consular posts. The report says that staff will engage applicants through a wide variety of avenues, including existing post websites and digital media, local organizations and websites, and other channels tailored to local conditions, to engage visa applicants and ensure diverse feedback.

REPORT

WHITE HOUSE FACT SHEET

WHITE HOUSE BLOG

USCIS’ JULY 27 ANNOUNCEMENT

3. USCIS Demands Return of Erroneously Issued DACA EADs

U.S. Citizenship and Immigration Services (USCIS) sent letters on July 14, 2015, demanding the return of erroneously issued employment authorization documents (EADs) with more than two years of validity issued after February 16, 2015, to certain Deferred Action for Childhood Arrivals (DACA) recipients. This was after a court order was in place prohibiting the agency from conferring DACA for more than two years. After the court order in Texas v. United States, USCIS can approve deferred action requests and related employment authorization applications based on DACA only for two-year periods.

USCIS said this action does not apply to the approximately 108,000 three-year EADs that were approved and mailed by USCIS on or before the February 16, 2015, injunction date and that have never been returned or reissued by USCIS.

The agency also subsequently issued an urgent notice on July 27, 2015, stating that “the three-year work permit recall only applies to SOME individuals who received a card after the February 16, 2015, court order.” USCIS said that “[if] you have not been contacted by USCIS and you received a three-year card after February 16, 2015, you should use the new online tool or call the USCIS Customer Service line at 800-375-5283 and select option 1 for English, then option 8 to verify whether you are affected BEFORE returning your card.”

USCIS said that it issued the erroneous EADs (including both EADs with three years and EADs with more than two years but less than three) to approximately 2,100 DACA recipients. Separately, the U.S. Postal Service returned to USCIS as undeliverable about 500 three-year EADs that the agency approved and issued before the February 16, 2015, injunction. USCIS subsequently re-mailed these cards to updated addresses after the injunction. USCIS said it has taken action to correct this issue for these individuals and has updated its records to reflect a two-year period of deferred action and employment authorization for them.

The letter sent to affected DACA recipients explains that the erroneous EADs they received are not valid and must be returned to USCIS. USCIS issued new two-year approval notices and new EADs reflecting a two-year validity period for those people. The letter states that if the recipient of such a letter does not return the invalid EAD, even if he or she has not yet received the new two-year EAD, USCIS will “terminate your deferred action and all associated employment authorizations.” Failure to return the invalid EAD, and subsequent termination of the recipient’s DACA and employment authorization, “may be considered a negative factor in weighing whether to grant any future requests for deferred action or any other discretionary requests.”

The letter states that affected recipients must return their invalid EADs by either appearing at a USCIS field office location by July 27, 2015, or by mailing USCIS the invalid three-year EAD by July 27, 2015. On a stakeholder call on July 14, 2015, USCIS said it is making home visits to collect the invalid EADs. Among other things, USCIS said that if a DACA recipient returns his or her invalid EAD but receives a letter from USCIS requiring a field office visit, he or she must go to the field office to confirm the return of the invalid EAD.

RELATED USCIS FACT SHEET

USCIS WEB PAGE with details on this issue

USCIS LETTER SENT JULY 14 to affected DACA recipients

4. USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

U.S. Citizenship and Immigration Services (USCIS) is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily eligible for an immigrant visa and for a waiver of inadmissibility based on unlawful presence.

Currently, the Department of Homeland Security (DHS) allows certain immediate relatives—specifically certain parents, spouses, and children of U.S. citizens—who are in the United States to request a provisional unlawful presence waiver before departing for consular processing of their immigrant visas. The waiver currently is only available to those immediate relatives whose sole ground of inadmissibility would be unlawful presence under INA § 212(a)(9)(B)(i) and who can demonstrate that the denial of the waiver would result in extreme hardship to their U.S. citizen spouses or parents.

Under the proposed rule, USCIS may grant a provisional waiver to foreign nationals if they are statutorily eligible for immigrant visas and for waivers of inadmissibility based on unlawful presence. The proposed rule also would expand who may be considered a qualifying relative for purposes of the extreme hardship determination to include lawful permanent resident spouses and parents.

The changes, which USCIS said it is proposing “in the interests of family unity and to enhance customer service,” would take effect on the date indicated in the final rule when the final rule is published in the Federal Register. USCIS said that foreign nationals should not submit applications now requesting provisional unlawful presence waivers based on the proposed changes. USCIS may deny any such application filed before the effective date indicated in the final rule.

Comments are due by September 21, 2015. To submit comments, follow the instructions in the notice.

RELATED PROPOSED RULE

USCIS’s PROVISIONAL UNLAWFUL PRESENCE WAIVERS PAGE with additional information

5. ABIL Global: Canada

Since January 2015, when Citizenship and Immigration Canada (CIC) introduced Express Entry, a new permanent residence immigration process, the process has solidified and immigration practitioners are learning to navigate the online Express Entry system.

Express Entry is a points-based system that ranks candidates according to various human capital and personal criteria and allows CIC to issue a limited number of Invitations to Apply (ITAs) for permanent residence. Since January, CIC has issued approximately 13,000 ITAs to candidates to permit them to subsequently submit permanent residence applications. Following are highlights of the new system:

Express Entry draws. CIC “draws” of the highest-ranked candidates have been occurring every few weeks. For each draw, CIC establishes the minimum Comprehensive Ranking System (CRS) point score required to receive an ITA, which allows the agency to manage the intake of permanent residence applications. The minimum CRS score was initially very high—over 800 CRS points for the first three draws (886, 818, and 808 CRS points) early in the year, which required those who were drawn to have had a Labour Market Impact Assessment (LMIA) or Provincial Nomination Certificate in their favor, which grants a bonus 600 CRS points. Subsequent draws have dropped since March 2015 to the mid- to high-400’s CRS point range, with the lowest dips occurring at two draws at 453 CRS points on March 27, 2015, and on April 17, 2015. The minimum CRS score required to receive an ITA may continue to drop slightly for the remainder of the year, although it is unlikely to drop drastically.

Provincial Nominee Programs. Over the past months, the Canadian provinces have been implementing their own unique Express Entry Provincial Nominee Programs (PNPs), which are province-based selection programs that can accord a candidate 600 bonus points in Express Entry. Provinces have taken awhile to implement PNPs because of the need to move to electronic PNP systems that are compatible with Express Entry. British Columbia was the first province to implement a PNP for Express Entry and issue Provincial Nominee Certificates to applicants. Recently, Ontario has released its own PNP program, which encompasses both a Human Capital Stream and a French-Speaking Skilled Worker Stream. Other Canadian provinces with Express Entry PNPs include Saskatchewan, Nova Scotia, New Brunswick, and Prince Edward Island.

Documentary requirements. CIC has issued the majority of ITAs for permanent residence based on governmental discretion pursuant to the Federal Skilled Worker Program, as opposed to the Canadian Experience Class Program, even for those candidates working in Canada. Because the Federal Skilled Worker Program has additional documentary requirements, it is important to start gathering documents that may be needed even before an ITA is received and often before the Express Entry profile itself is created. Documents that often need to be uploaded in the online permanent residence application after receiving an ITA can include employment letters and pay slips for present and past employment, official language exam results (English and French), copies of police certificates, immigration medical examination receipts, copies of civil identity documents, and proof of settlement funds except for those working in Canada with certain work permits.

RELATED AILA PRACTICE ALERT

6. New Publications and Items of Interest

PSA on erroneously issued DACA work permits. The American Immigration Lawyers Association (AILA) has developed a shareable digital infographic and print Public Service Announcement (PSA), in English and Spanish. The materials are intended to be shared widely on social media and in communities to inform DACA grantees who received 3-year work permits erroneously issued or mailed after February 16, 2015.

MATERIALS

The 2015 edition of the Global Business Immigration Practice Guide has just been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

An overview of the immigration law requirements and procedures for over 20 countries;
Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
A general overview of the appropriate options for a particular employee; and
Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

7. ABIL Member/Firm News

Several ABIL members will speak at an EB-5 immigrant investor conference sponsored by the American Immigration Lawyers Association (AILA) in Las Vegas, Nevada, on August 27-28, 2015:

Charles Kuck, I-829 Removal of Conditions Process and EB-5 Compliance
Robert Loughran, EB-5 Overview
Cyrus Mehta, Protecting Your EB-5 Practice: Ethical Issues & Minimizing Risk
Angelo Paparelli, Protecting Your EB-5 Practice: Ethical Issues & Minimizing Risk
Bernard Wolfsdorf, China Issues; Update from U.S. Dept. of State & CIS Ombudsman Office; Hot Topics, Legislative Update, & Open Q&A
Stephen Yale-Loehr, Due Diligence in EB-5 Cases; The EB-5 Program: A Time of Change, Reauthorization & The Future; Hot Topics, Legislative Update, & Open Q&A

Vincent Lau will speak at two upcoming AILA conferences. On August 6, 2015, at the AILA Fundamentals Immigration Law Conference in Miami, Florida, Mr. Lau will speak on “Employment-Based Immigrant Visas—Part 1.” On August 8, 2015, at the AILA PERM CLE Conference in Miami, Florida, Mr. Lau will speak on “PERM and the Prevailing Wage.”

Mr. Loughran moderated parts 2 and 3 of a three-part panel on Consular Processing for Experts in June and July, sponsored by ILW.com. Jose R. Perez, Jr., also of Foster, participated in part 2 and provided expert insight on immigrant and nonimmigrant waivers. In part 3, Foster Partner Delisa J.F. Bresslerspoke on advanced consular issues in employment-based cases. More information on the seminar. More on Foster. Mr. Loughran and James Larsenpresented “You’re Legal NOW? Navigating I-9 and E-Verify After Executive Action” on July 31, 2015, at the Austin Human Resources Management Association Conference in Austin, Texas.

Sharon Mehlman will speak on “The Effect of Special Terms of Employment on a PERM Case” at the AILA PERM CLE Conference in Miami, Florida, on August 8, 2015.

Mr. Mehta has published several new blog entries. “To Amend or Not To Amend: USCIS Issues Final Guidance on Matter of Simeio” “Update on Indian Three-Year Degrees and Postgraduate Diplomas”

Mr. Paparelli was quoted in the Daily Journal on July 22, 2015, in “Judge Says State Corrections Department Runs Afoul of Civil Rights Law.” The article discussed a case where a Mexican immigrant, Victor Guerrero, was denied a corrections job in California because he answered truthfully that he had used a false Social Security number (SSN) in the past, a practice he began when he was 15 years old and used a false SSN at his parents’ request so he could work in a restaurant. A U.S. district judge concluded that the state corrections department discriminated against the man because the disqualifying question disproportionately affects Latinos. Since the department began asking the question in 2009, all nine applicants disqualified for answering “yes” were Latino. Mr. Paparelli noted that the use of a false Social Security number is often accompanied by another crime: misrepresentation of status in U.S. Citizenship and Immigration Services forms. He said that the dilemma for immigrant job applicants and employers is “more of a reflection of a broken immigration system than individual moral culpability.”

Mr. Yale-Loehr was mentioned in the New York Times on July 22, 2015, in “From an ‘Undocumented’ Boyhood to a Doctorate.” Mr. Yale-Loehr served as the article subject’s lawyer, trying to find a way for the man, Dr. Dan-el Padilla Peralta, to be able to return to the United States from studying at Oxford and petitioning for his client’s status at every academic stage. Dr. Peralta began life in poverty in the Dominican Republic and eventually earned a doctorate in classics from Stanford University. At age 30, the article explains, Dr. Padilla is at Columbia University as a postdoctoral fellow in humanities. Next summer, he will return to Princeton University, where he had also studied, as an assistant professor of classics. He has a work visa but is not yet a U.S. citizen. In March, Dr. Padilla married a woman from Sparta, New Jersey, whom he had dated for six years. He is waiting for his green card application to be considered.

Mr. Yale-Loehr recently authored several articles. “Two Key Senators Introduce Bill to Extend and Improve EB-5 Program” “Nine Key Concepts College Counsel Must Know About Immigration Law”

Mr. Yale-Loehr was quoted in the Cleveland Plain Dealer on July 28, 2015. Commenting on the case of Juan Emmanuel Razo, an undocumented immigrant from Mexico who is accused of murder and attempted rape, Mr. Yale-Loehr explained, “The Obama administration’s policy on which immigrants to detain has evolved. The administration knows that it doesn’t have the money or jail space to detain and deport all 11 million undocumented immigrants. Therefore, since last November it has focused on detaining immigrants who have been convicted of felonies or significant misdemeanors.”

Mr. Yale-Loehr was quoted on Vice.com on July 27, 2015. Commenting on the macroeconomic impact of immigration, he noted that legal immigration has benefited the U.S. economy overall.

Mr. Yale-Loehr was quoted by ABC News on July 27, 2015. Commenting on a recent ruling that undocumented families including children who cross the border should not be detained in secure facilities, Mr. Yale-Loehr noted, “They’re getting shot at. They just want to get out of the country and go to some place that will be safer. I don’t think there will be a significant rise or decrease [in immigration] from Judge Gee’s order.”

8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

Department of Labor processing times and information on backlogs

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 7B • July 15, 2015

July 15, 2015/in Immigration Insider /by ABIL

Headlines:

1. USCIS Ombudsman Annual Report Notes Continuing RFE Issues -The Ombudsman continues to be concerned with the quality and consistency of adjudications and the issuance of unduly burdensome requests for evidence, among other things.

2. China Visa Availability Retrogresses in Some Categories in August, Other Categories Advance -An “extremely large increase” in applicant demand has resulted in retrogressions in the China-mainland born EB-3 and “Other Workers” categories, to 2004.

3. USCIS Resumes Premium Processing for Extension-of-Stay H-1B Petitions -As of July 13, 2015, USCIS resumed accepting requests for premium processing service for all H-1B extension-of-stay petitions (Form I-129, Petition for a Nonimmigrant Worker).

4. USCIS Media Campaign Highlights Citizenship Info, Tools -The media campaign includes print and digital advertisements, and video and radio public service announcements, in several languages.

5. U.S. Embassy in Mexico Announces Changes in Nonimmigrant E Visa Application Processing -The embassy is shifting processing of E-1 treaty trader and E-2 treaty investor visas away from Mexico City.

6. New Publications and Items of Interest -New Publications and Items of Interest

7. ABIL Member/Firm News -ABIL Member/Firm News

8. Government Agency Links -Government Agency Links

Details:

1. USCIS Ombudsman Annual Report Notes Continuing RFE Issues

U.S. Citizenship and Immigration Services’ (USCIS) Ombudsman’s Office has published the 2015 Annual Report. Highlights include:

RFE issues. The Ombudsman’s Office reviews issues involving temporary nonimmigrant petitions (H-2A, H-2B, H-1B, L-1, and O-1), investor immigrant petitions (EB-5), other immigrant petitions, and employment authorization applications. The Annual Report states that the Ombudsman continues to be concerned with the quality and consistency of adjudications and the issuance of unduly burdensome requests for evidence (RFEs). Last year’s report discussed in detail RFEs that were “too often vague, unduly burdensome, or unnecessary,” this year’s report notes. The Ombudsman said that such RFEs “continue to delay adjudications and burden applicants and petitioners, particularly in the provisional waiver program and key employment-based categories.” Providing adequate notice regarding filing deficiencies “is essential to the effectiveness of RFEs, but they are often general and fail to address evidence already in the record,” the Ombudsman said, adding that this is especially important in cases in which applicants and petitioners are not afforded the option of an appeal or a motion to reopen or reconsider.

The report notes one example of an employer agent who submitted a request for case assistance with the Ombudsman. The agent had filed an H-2A petition on behalf of the employer on October 31, 2014, with a November 15, 2014, start date requested. USCIS issued an RFE on November 19, 2014. USCIS did not use the next-day-return courier envelope provided and instead sent the request by regular USPS mail. The agent did not receive the notice until December 1, 2014. Furthermore, the agent was confused by the duplicative nature of the RFE because the documents requested were submitted with the initial petition. The employer immediately submitted a duplicate copy of the documents to USCIS using overnight mail. The Ombudsman contacted USCIS, and assisted in having the agency review and adjudicate the H-2A petition within a day of the communication. The report states that a shift to electronic processing, whether via online submission or email, would result in faster processing.

Stakeholders continue to raise concerns about USCIS adjudication of nonimmigrant petitions for high-skilled beneficiaries, the report notes, including H-1B (specialty occupations), L-1A (intracompany transferee managers or executives), L-1B (specialized knowledge workers), and O-1 (extraordinary ability or achievement). Specifically, employers and their representatives have sent examples to the Ombudsman of RFEs that appear to be redundant, seeking documentation that was previously provided; unnecessary, requesting information that is irrelevant or exceeds what is needed to complete the adjudication; and unduly burdensome in scope or intrusiveness.

Petitioners have also provided the Ombudsman with examples of RFEs and denials in “new” office L-1A extension cases. In reviewing these extension filings, the report notes that “it is appropriate that adjudicators examine whether the petitioner is actually ‘doing business,’ to ascertain the specific job duties that will be performed by the beneficiary under the extended petition,” and to consider the “staffing of the new operation, including the number of employees and types of positions held.” Yet, in some instances, the report notes, “it appears that adjudicators are placing undue emphasis on whether the beneficiary is too closely connected to the actual production work or services offered by the petitioning entity.” The report states that “L-1A managers and executives are in fact permitted to engage in some hands-on activities, provided these activities are secondary to their principal and essential duties.”

In response to the concerns about RFEs, the Ombudsman said that trainings for adjudicators could be made more useful. “A training program on the preponderance of the evidence standard using detailed real-world case examples for each product line would better assist USCIS adjudicators [in determining] whether cases are approvable or deniable upon first review, resulting in the issuance of fewer, and more narrowly tailored RFEs,” the report notes. The Ombudsman also continues to urge the agency to pilot an initiative requiring 100 percent supervisory review before an RFE is issued.

EB-5 program and employment-based processing. The report notes that although USCIS has hired new adjudicators and economists, it had 12,749 investor petitions (Form I-526, Immigrant Petition by Alien Entrepreneur) in its pending inventory as of March 31, 2015, with nearly 20 percent pending adjudication for more than a year, and that EB-5 processing times have been getting longer. The report notes that USCIS has provided technical assistance to Congress and is working with other DHS and government agencies to put safeguards in place to ensure program integrity.

Regarding employment-based immigrant petition processing, the report notes that in recent months USCIS has taken steps to review its longstanding policy on who is an “affected party” for purposes of appealing a decision on a Form I-140, Immigrant Petition for Alien Worker. The Ombudsman encourages USCIS to consider the significant case law and recognize legal standing for certain beneficiaries of a Form I-140 petition.

Matter of Simeio. The report notes that on April 9, 2015, USCIS’s Administrative Appeals Office (AAO) issued a rare precedent decision addressing when a reassignment of an
H-1B worker requires the petitioning employer to file an amended H-1B petition that is supported by a DOL certified Labor Condition Application (Form ETA-9035). As a precedent decision—one of only four issued in the last three years—the holding in Simeio is binding on all USCIS H-1B petitioning employers nationwide, the report notes.

Since the Simeio decision was issued without accompanying guidance, the Ombudsman hosted a national teleconference on April 30, 2015, to seek stakeholder feedback and identify outstanding issues. Over 650 external stakeholders and government officials participated in the call. Of utmost importance to the affected stakeholder community, the report notes, was how the decision would be applied to H-1B employees who were previously reassigned with no amended filing based on prior practice. On May 21, 2015, USCIS addressed some of these questions through its issuance of draft guidance, which established a 90-day time frame for employers to submit amended filings.

The report notes that the Simeio case had been pending before AAO for nearly four years, and that this new agency interpretation was made without first providing the affected stakeholder community an opportunity to provide its input. “Some large employers have informed the Ombudsman that the decision could cost them millions in additional legal fees and filing costs,” the report states.

DACA. USCIS began accepting Deferred Action for Childhood Arrivals (DACA) renewal applications in June 2014. Approximately 15 percent of requests for case assistance submitted to the Ombudsman involved DACA renewal processing delays. The report notes that this year, Department of Homeland Security (DHS) Secretary Jeh Johnson directed USCIS to expand the provisional waiver program and to clarify “extreme hardship” factors.

Juveniles. In this reporting period, USCIS developed and implemented the In-Country Refugee/Parole Program for Central American Minors in El Salvador, Guatemala, and Honduras. The Ombudsman continues to be concerned with adjudications issues and processing delays in special immigrant juvenile petitions, fee waiver requests, and asylum applications. Among other things, the Ombudsman received numerous examples of special immigrant juvenile petitions in which USCIS issued RFEs requesting a wide range of records pertaining to the underlying state court dependency order, “essentially second-guessing the state court action.” The report notes that in the near future, the Ombudsman will publish formal recommendations to improve processing of petitions for special immigrant juveniles.

Other issues. The Annual Report also discusses delivery of USCIS notices and documents; recording or withdrawal of legal representation; USCIS’s calculation of processing times; and the agency’s ongoing effort to move from a paper-based to an electronic environment.

REPORT

2. China Visa Availability Retrogresses in Some Categories in August, Other Categories Advance

The Department of State’s Visa Bulletin for August 2015 reported an “extremely large increase” in applicant demand that has resulted in retrogressions in the China-mainland born employment-based third preference (EB-3) and “Other Workers” categories, to June 1, 2004, and January 1, 2004, respectively. The Visa Office said that “[e]very effort will be made to return those categories to the [previous] … cut-off dates as quickly as possible under the FY-2016 annual limits. Those limits will take effect October 1, 2015.”

Otherwise, most employment-based priority dates advanced. The EB-3 and “Other Workers” categories for the Philippines have once again become available, with a cut-off date in both categories of June 1, 2004.

AUGUST 15 VISA BULLETIN

3. USCIS Resumes Premium Processing for Extension-of-Stay H-1B Petitions

As of July 13, 2015, U.S. Citizenship and Immigration Services (USCIS) has resumed accepting Form I-907, Request for Premium Processing Service, for all H-1B extension-of-stay petitions (Form I-129, Petition for a Nonimmigrant Worker).

Premium processing service had been suspended previously for I-129 H-1B extension-of-stay petitions starting May 26, 2015, to July 27, 2015. USCIS said the temporary suspension allowed the agency to implement the final rule on employment authorization for certain H-4 dependent spouses in a timely manner and begin adjudicating applications for employment authorization filed by H-4 nonimmigrants under the new rule. Premium processing remained available for all other types of I-129 H-1B petitions during the temporary suspension.

USCIS said it closely monitored its workloads and determined that the agency could resume premium processing service for H-1B extension-of-stay petitions as of July 13, 2015. In response to a query, USCIS’s Service Center Operations Directorate responded, “We now will accept an I-907 on any H-1B [extension of stay]. If an I-907 was filed/received prior to 07/13/15 it will be rejected.”

As a reminder, USCIS also noted that it will accept only the new version (edition date: 01/29/2015) of the I-907. The edition date is printed on the bottom left corner of every page of the form and instructions.

NEW USCIS ANNOUNCEMENT

NEW VERSION OF I-907

FINAL RULE

PREVIOUS ANNOUNCEMENT about the initial “freeze” on premium processing for these petitions.

CITIZENSHIP RESOURCE CENTER

4. USCIS Media Campaign Highlights Citizenship Info, Tools

U.S. Citizenship and Immigration Services (USCIS) released a series of promotional materials on July 6, 2015, as part of its Citizenship Public Education and Awareness Initiative.

The effort is intended to raise awareness about the rights, responsibilities and importance of U.S. citizenship and provide information on the naturalization process and USCIS educational resources. The promotional campaign guides lawful permanent residents to the USCIS Citizenship Resource Center for “official, accurate and reliable information on citizenship and naturalization topics.”

The media campaign includes print and digital advertisements in English, Spanish, Chinese, and Vietnamese; radio public service announcements in Spanish and Chinese; and video public service announcements in English and Spanish. Online digital advertisements will run until August 15, 2015. A second phase will begin in September, and will include additional print and digital media spots.

USCIS said this campaign “is part of a larger effort to demystify the [naturalization] process and provide lawful permanent residents with information to protect themselves against the unauthorized practice of immigration law.”

USCIS noted that an estimated 8.8 million lawful permanent residents are eligible to apply for citizenship, and the median time spent as a lawful permanent resident before becoming a U.S. citizen is seven years.

Immigrant-serving organizations and members of the media interested in donating media space should email norine.w.han@uscis.dhs.gov.

To view the video public service announcements, see the Video PSAs Web page.

MORE INFORMATION on the Citizenship Public Education and Awareness Initiative

5. U.S. Embassy in Mexico Announces Changes in Nonimmigrant E Visa Application Processing

The U.S. Embassy in Mexico recently announced changes in nonimmigrant E visa application processing. The embassy notes that E visa treaty trader and treaty investor applicants are an integral part of the U.S. economy. Recent increases in overall visa applications “have made it challenging to offer efficient processing of these cases in Mexico City,” the embassy states. To provide a higher level of service for all applicants, the embassy is shifting processing of E-1 treaty trader and E-2 treaty investor visas away from Mexico City.

Effective for all applications received in Applicant Service Centers in Mexico on or after July 7, 2015:

E-1 treaty trader visa processing will be handled by the Consulates General in Monterrey and Tijuana
E-2 treaty investor visa processing will be handled by the Consulate General in Ciudad Juarez
The U.S. Embassy in Mexico City will not process nonimmigrant E visa applications received in Applicant Service Centers on or after July 7, 2015

FULL LIST OF CONSULATES AND THEIR CONTACT INFORMATION

MORE INFORMATION regarding the transition of E-1 treaty trader visas to Monterrey and Tijuana, contact the consulates in Monterrey and Tijuana through the appropriate “E1” forms.

MORE INFORMATION regarding the transition of E-2 treaty investor visas to Ciudad Juarez, contact the consulate in Ciudad Juarez by selecting the “Other” form under “Ciudad Juarez”.

6. New Publications and Items of Interest

USCIS Spanish resources. U.S. Citizenship and Immigration Services has released new resources in Spanish. USCIS Facebook is now available in Spanish at USCIS Español. The agency’s Spanish blog, USCIS Compás, has moved from USCIS’s English blog to its own page. Both resources “will contain new, original content exclusively in Spanish,” the agency said.

The 2015 edition of the Global Business Immigration Practice Guide has just been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

An overview of the immigration law requirements and procedures for over 20 countries;
Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
A general overview of the appropriate options for a particular employee; and
Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

7. ABIL Member/Firm News

Several ABIL members have been selected for inclusion in the top 20 practitioners in the area of Immigration Law, in the Most Powerful Employment Lawyers Guide for 2015. The 8^th annual list, selected by Lawdragon and produced in partnership with Human Resource Executive, was recently published on Lawdragon.com and in HRE’s print magazine. The ABIL members included are:

Ronald Klasko and William Stock, of Klasko Immigration Law Partners
Cyrus Mehta
Angelo Paparelli
Julie Pearl
Bernard Wolfsdorf

Charles Kuck has published several new blog entries. “Three Reasons Conservatives Should Support DAPA” “Georgia and ‘Sanctuary Cities’: Facts Are A Good Place To Start”

Robert Loughran moderated Part 2 of a three-part panel on Consular Processing for Experts sponsored by ILW.com. Jose R. Perez, Jr., also of Foster, participated in the panel and provided expert insight on immigrant and nonimmigrant waivers. MORE INFORMATION on the seminar. MORE ON FOSTER.

Mr. Mehta has published a new blog entry. “History Will Trump Donald”

David Isaacson of Mr. Mehta’s office has published a new blog entry. “Resumption of Diplomatic Relations With Cuba: How Does It Impact U.S. Immigration Law”

Stephen Yale-Loehr co-authored an article, “Nine Key Concepts College Counsel Must Know About Immigration Law,” which was published in the July 1, 2015, issue of Bender’s Immigration Bulletin. He also authored an article on S. 1501, a new Senate bill that would affect EB-5 immigrant investors, that was published in the same issue. The Bulletin is available by subscription.

Mr. Yale-Loehr spoke on an ILW.com phone seminar on June 30, 2015, about a new Senate bill, S. 1501, that would make major changes to the EB-5 immigrant investor program. MORE INFORMATION about the tele-seminar.

8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

Department of Labor processing times and information on backlogs

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 7A • July 01, 2015

July 01, 2015/in Immigration Insider /by ABIL

Headlines:

1. U.S. Supreme Court Decides Two Immigration Cases -The U.S. Supreme Court has decided two immigration cases with potentially far-reaching implications, Kerry v. Din and Mata v. Lynch.

2. Visa, Passport Computer Problems Mostly Resolved -Among other things, the problems caused delays at the U.S.-Mexico border with seasonal workers being unable to enter the United States.

3. USCIS Temporarily Stops Accepting Electronic Versions of Several Forms -To ensure that the paper and electronic versions of certain forms are consistent with each other, the agency has temporarily remove the current electronic versions until it develops updated forms in the new USCIS online filing system.

4. USCIS Proposes Changes to E-Verify -USCIS seeks public comments on proposed changes to E-Verify.

5. North Dakota Joins E-Verify RIDE Program -North Dakota joins Mississippi, Florida, Idaho, Iowa, and Nebraska in the Records and Information from DMVs for E-Verify (RIDE) Program.

6. DHS Announces Temporary Protected Status Designation for Nepal -The 180-day TPS registration period runs through December 21, 2015.

7. DHS Extends Temporary Protected Status Registration Deadline for Liberia, Guinea, Sierra Leone -DHS is extending the initial registration deadline for TPS to August 18, 2015, for eligible nationals of Liberia, Guinea, and Sierra Leone.

8. USCIS Warns DACA Renewal Applicants About Work Permit Expirations -USCIS noted that some people wait too long to request DACA renewal or do not correctly submit all the required forms and fees. As a result, their employment authorization documents may expire before USCIS can finish processing their requests. USCIS outlined steps to prevent this from happening.

9. ABIL Global: United Kingdom -Far-reaching immigration reforms have been announced following the general election.

10. New Publications and Items of Interest -New Publications and Items of Interest

11. ABIL Member/Firm News -ABIL Member/Firm News

12. Government Agency Links –Government Agency Links

Details:

1. U.S. Supreme Court Decides Two Immigration Cases

The U.S. Supreme Court has decided two immigration cases with potentially far-reaching implications:

Kerry v. Din. Kanishka Berashk is an Afghan who formerly worked in the Taliban-controlled government as a payroll clerk. Due to a terrorism-related statute, he was denied a visa to enter the United States to live with his U.S. citizen spouse, Fauzia Din. The Supreme Court held that because Mr. Berashk is not a U.S. citizen, he had no right to a court review, and his U.S. citizen wife had no due process right to challenge the visa denial in federal court. This left the longstanding doctrine of consular absolutism untouched. DECISION

Mata v. Lynch. Noel Reyes Mata, an undocumented person from Mexico, was convicted of assault and put in removal proceedings. His original attorneys failed to submit an appeals brief and missed a deadline in filing a motion to reopen. The Supreme Court held that the federal court has jurisdiction to hear his case and decide whether those in removal proceedings can extend their deadlines. DECISION

2. Visa, Passport Computer Problems Mostly Resolved

The Department of State’s Bureau of Consular Affairs initially reported on June 12, 2015, technical problems with overseas passport and visa systems. The issue was not specific to any particular country, citizenship document, or visa category. Those problems reportedly were generallly resolved by the end of June.

Among other things, the problems caused delays at the U.S.-Mexico border with seasonal workers being unable to enter the United States. Daren Gee, a California strawberry grower, said the delay was costing him $25,000 to $30,000 per day in lost revenue because 200 seasonal workers he intended to employ were unable to enter the country. “The vans are there, the buses are waiting. But we can’t seem to get workers across,” he said.

Some businesspeople were also unable to obtain passports. David Lummas, who was waiting for his passport in Bangkok, Thailand, so he could continue working for a British multinational company, said, “They are holding my passport so I have been grounded this week from traveling.”

The Department of State told the Wall Street Journal that 100 technicians were working on the problem, and that it was prioritizing visas for urgent humanitarian cases and agricultural workers.

A State Department announcement about its progress on these problems. The State Department announced that as of June 26, 2015, all visa-issuing embassies and consulates were back online. The State Department is scheduling visa interviews and issuing nonimmigrant and immigrant visas.

3. USCIS Temporarily Stops Accepting Electronic Versions of Several Forms

On June 15, 2015, U.S. Citizenship and Immigration Services (USCIS) stopped accepting electronically filed Forms I-539, Application to Extend/Change Nonimmigrant Status, and Forms I-526, Immigrant Petition by Alien Entrepreneur. Recently, USCIS also updated the Form I-539 and Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. USCIS also discontinued the EB-5 Regional Center Document Library.

USCIS said that to ensure that the paper and electronic versions of these forms are consistent with each other, “we must temporarily remove the current electronic versions until we develop these updated forms in our new USCIS online filing system.”

USCIS said this change will not adversely affect those who have pending or draft cases that were created before June 15. “We will adjudicate those cases to completion and allow the standard 30 days” for completion or submission of draft cases, USCIS said.

USCIS issued the following instructions:

Filing a Form I-539 or Form I-526

Customers who need to file a Form I-539 or Form I-526 must now file the paper version of the form. If you already started an electronic Form I-539 or Form I-526, you will have 30 days from the day you began your application/petition to complete and submit it online. If you are unable to complete your electronic form within this 30-day time period, you will need to file a new paper application or petition. …

If You Filed Electronically Before June 15, 2015

If you filed a Form I-539 or Form I-526 electronically, you will still be able to access your account to check your case status, change your address, and respond to requests for evidence while USCIS processes your case. If you filed a Form I-526 electronically, you will still be able to review and attest existing deal packages created by the Document Library Manager. However, Document Library Managers will not be able to create new document libraries or deal packages.

NOTICE. Instructions on how to file a paper Form I-539 are available at http://www.uscis.gov/i-539. Instructions on how to file a paper I-526.

4. USCIS Proposes Changes to E-Verify

On June 8, 2015, USCIS published a Federal Register notice seeking public comments on proposed changes to E-Verify, including:

Three proposed enhancements:
Final Nonconfirmation (FNC)—Allows employees to contest FNCs that they feel have been issued in error. This will be a new process allowing employees to request a review of their FNCs that will replace the current manual review process.
Reverification—Requires employers to use E-Verify to reverify employees whose work authorization has expired. These include employees who were hired before the employer signed the E-Verify Memorandum of Understanding (MOU).
Updated MOUs—Revises the E-Verify MOU to support proposed business processes.
Streamlined Tentative Nonconfirmation (TNC) Processes

—Provides employees with greater access to E-Verify information. USCIS has simplified the TNC process to streamline the notice that an employer provides to the employee. USCIS has also drafted new email messages to communicate directly with the employee regarding Social Security Administration and Department of Homeland Security TNC notices.

The public will have 60 days to submit comments, until August 7, 2015. To comment, follow the instructions in the Federal Register notice. Contact E-Verifywith questions.

5. North Dakota Joins E-Verify RIDE Program

U.S. Citizenship and Immigration Services (USCIS) announced that North Dakota is the latest state to join the Records and Information from DMVs for E-Verify (RIDE) Program, beginning June 15, 2015. RIDE is an ongoing E-Verify initiative that links E-Verify with participating state driver licensing agencies in conjunction with the American Association of Motor Vehicle Administrators.

RIDE allows E-Verify to validate the authenticity of driver’s licenses and state identification cards presented by employees as Form I-9 identity documents. USCIS said that RIDE “helps to reduce document fraud and boosts the accuracy of E-Verify employment eligibility verification.”

North Dakota joins Mississippi, Florida, Idaho, Iowa, and Nebraska in this initiative.

A fact sheet on North Dakota’s driver’s license and ID card information with respect to E-Verify. Information on driver’s license verification.

6. DHS Announces Temporary Protected Status Designation for Nepal

On June 24, 2015, the Department of Homeland Security designated Nepal for temporary protected status (TPS) for 18 months based on conditions resulting from the magnitude 7.8 earthquake that struck Nepal on April 25, 2015, and subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).

The TPS designation for Nepal will be in effect through December 24, 2016. During the designated period, eligible nationals of Nepal (and people without nationality who last habitually resided in Nepal) will not be removed from the United States and may receive an employment authorization document (EAD). The 180-day TPS registration period began June 24, 2015, and runs through December 21, 2015.

To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been both “continuously physically present” and “continuously residing” in the United States since June 24, 2015. Applicants will also undergo security checks. Those with certain criminal records or who pose a threat to national security are not eligible for TPS.

Applicants may ask USCIS to waive any or all TPS-related fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee waiver requests must be accompanied by supporting documentation. USCIS will reject any TPS application that does not include the required filing fee or a properly documented fee waiver request.

RELATED FEDERAL REGISTER NOTICE

7. DHS Extends Temporary Protected Status Registration Deadline for Liberia, Guinea, Sierra Leone

The Department of Homeland Security (DHS) is extending the initial registration deadline for temporary protected status (TPS) to August 18, 2015, for eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries).

DHS began accepting TPS applications on November 21, 2014, from applicants of these three countries. The previous deadline was May 21, 2016. Those who submitted an application for one of these three countries whose applications were previously returned based on the May 20, 2015, deadline may now resubmit a complete application by August 18, 2015.

Additional details on eligibility and how to register

More information about DACA

8. USCIS Warns DACA Renewal Applicants About Work Permit Expirations

U.S. Citizenship and Immigration Services (USCIS) issued a warning on June 15, 2015, to those wishing to renew work permits under the Deferred Action for Childhood Arrivals (DACA) program. USCIS noted that some people wait too long to request renewal or do not correctly submit all the required forms and fees. As a result, their employment authorization documents may expire before USCIS can finish processing their requests for DACA renewal.

USCIS said that renewal applicants can lessen the chance that this may happen by taking the following steps:

File on time. Submit your renewal request between 150 days and 120 days before the expiration date listed on your current Form I-797 DACA approval notice and Employment Authorization Document.
Correctly submit all required forms and fees. USCIS will reject your renewal request unless you properly submit:

Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
Form I-765, Application for Employment Authorization;
Form I-765 Worksheet; and
Required fees of $465

Avoid processing delays. Be sure to submit:

Any new documents and information related to removal proceedings or criminal history that you have not already submitted to USCIS in a previously approved DACA request;
Proof of advance parole if you have traveled outside the United States since you filed your last DACA request that was approved; and
Proof of any legal name change.

Respond to Requests for Evidence. USCIS may deny your renewal request if you do not respond to a Request for Evidence in a timely manner.

USCIS noted that since March 27, 2015, the agency has been mailing renewal reminder notices to DACA recipients 180 days before the expiration date of their current period of deferred action. Previously, these reminder notices were mailed 100 days in advance. The earlier notices are intended to ensure that DACA recipients are reminded before the start of the recommended renewal period and have sufficient time to prepare their renewal requests.

USCIS said its current goal is to process DACA renewal requests within 120 days. A DACA recipient may submit an inquiry about the status of his or her renewal request after it has been pending more than 105 days.

9. ABIL Global: United Kingdom

Far-reaching reforms have been announced following the general election.

When the results of the recent general election were tallied, even the victors were surprised when the Conservative Party won sufficient seats in the House of Commons to shed its coalition partner and form a new majority government. Following this success, Prime Minister David Cameron moved swiftly to announce the Tories’ new policies and begin implementing a raft of far-reaching reforms.

With regard to immigration, the government intends to:

introduce a criminal offense for illegal working (the government plans to seize wages as the proceeds of a crime);
create a government enforcement agency to address the exploitation and coercion of migrant workers;
make it illegal for employment agencies to recruit solely from abroad without first advertising in English in Britain;
expand tenant immigration status checks to the national level, while simultaneously making the eviction of undocumented migrant tenants easier for landlords;
ensure that banks take action against accounts of undocumented migrants;
broaden the scope of “deport first, appeal later” to include nearly all immigration cases;
implement mandatory electronic “tagging” of migrant offenders who are released on bail; and
ask the Migration Advisory Committee (MAC) to consult on plans to further reduce migrant labor from outside the European Union, including:
- financing United Kingdom (UK) apprenticeships via levies on businesses hiring individuals under Tier 2;
- increasing minimum salary thresholds for migrant workers;
- restricting how long occupational sectors may claim that they have a skills shortage;
- limiting work visas to specialist experts and areas with skills shortages; and
- restricting Tier 2 dependents’ right to work.

In anticipation of the promised “in-out” referendum by 2017 on whether the UK should remain a member of the EU, Prime Minister Cameron also took the first steps toward renegotiating the terms of the UK’s relationship with the EU. Alongside other, broader changes he is proposing, and in an effort to curb migration from the European continent, Cameron hopes to restrict EU migrants’ access to social welfare benefits in the UK. While some of these terms may be possible, EU leaders have made it clear that free movement is not up for negotiation.

At present, however, an overwhelming majority of Britons do not believe that Mr. Cameron’s negotiations will be effective. Notwithstanding this pessimism, polls suggest that 44% of British citizens favor remaining in the EU (with 36% hoping to leave, and 17% still undecided). That said, as the pollsters and pundits were nearly universally incorrect in their general election forecasts, no result should at this point be seen as a foregone conclusion.

10. New Publications and Items of Interest

The 2015 edition of the Global Business Immigration Practice Guide has just been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”

This comprehensive guide is designed to be used by:

Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

An overview of the immigration law requirements and procedures for over 20 countries;
Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
A general overview of the appropriate options for a particular employee; and
Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

The list price is $359, but a 15% discount is available by visiting LexisNexis and entering discount code “ABIL15”. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

11. ABIL Member/Firm News

H. Ronald Klasko, one of the United States’ top EB-5 immigration lawyers and founding partner of Klasko Immigration Law Partners, recently served as the program co-organizer at the 2015 Invest in America Summit in China. As the largest annual EB-5 conference and trade show held in China, the Invest in America Summit brings together regional centers, developers, attorneys, economists, migration agents, large numbers of individual Chinese investors and Chinese government officials involved with the EB-5 migration program. The summit was held in Shanghai, Shenzhen, and Beijing.

Robert F. Loughran spoke on June 20, 2015, on a panel, Advising Small Businesses on Immigration Options, at the American Immigration Lawyers Association conference in Washington, DC.

Mr. Loughran moderated a day-long ILW seminar on June 17, 2015, for the EB-5 Summit for Attorneys and Developers in National Harbor, Maryland.

Mr. Loughran moderated Part 1 of a 3-part panel on Consular Processing for Experts on May 28, 2015. Foster Partner Jose R. Perez, Jr., and Angelo Paparelli provided expert commentary on analyzing consular issues and preparing clients for consular interviews.

Cyrus Mehta has published several new blog entries. “Keeping Tabs On A Non-Citizen’s Eligibility for Health Coverage Under the Affordable Care Act” “Extension of STEM Practical Training Under President Obama’s Executive Actions”

Julie Pearl was recently profiled in “Being Julie Pearl, Legal Tech Entrepreneur,” in Bloomberg BNA on June 19, 2015. Ms. Pearl has been CEO and managing partner of the Pearl Law Group for the past two decades, and founded two legal tech companies.

Bernard Wolfsdorf and Robert Blanco co-authored “EB-5 and Real Estate Development,” which discusses the role of EB-5 financing in major real estate development projects. The article was published in The Pinkwater Report, a leading publication on trends in super-prime property markets.

Stephen Yale-Loehr was quoted on June 20, 2015, in VOA News in “Supreme Court Hands Down 2 Decisions on Immigration.” In a case where a former Taliban-controlled payroll worker from Afghanistan married a U.S. citizen but was denied a visa to move to the United States, Mr. Yale-Loehr noted that this case has a broader impact: “If a U.S. citizen marries a Chinese citizen in China and tries to petition through the green-card process to have the foreign spouse come over to the United States, and if the U.S. [consulate] in Guangzhou were to deny the visa because the foreign spouse is a former member of the Communist Party, or they allege maybe the Chinese citizen committed some crimes in the past even though it is unproven, that would not be reviewable in the U.S. court.” He noted that this means the couple would be either separated or the U.S. citizen spouse would have to move to China to live with his or her spouse.

In another case, where an undocumented person was put in removal proceedings after he was convicted of assault, and his attorney missed a key filing deadline, Mr. Yale-Loehr noted, “The Supreme Court said, ‘Look, we are not going to decide whether the Mexican citizen case should be overturned, but at least the federal court has jurisdiction to hear the case.’ ” He said that immigrants “can at least get in the door to the courthouse in some cases, but it doesn’t necessarily mean that they will win once they get in the courthouse door.”

Mr. Yale-Loehr was quoted in several related articles with respect to recent Supreme Court decisions:

U.S. News and World Report on June 15, 2015, in “Supreme Court Hands Defeat to Binational Marriage Rights.” He said the decision to deny a visa to an Afghan who married a U.S. citizen but had formerly been a payroll worker in the Taliban-controlled government “continues a long line of Supreme Court cases that hold when it comes to immigration that consular officials have carte blanche to deny a visa and it’s very hard to get those denials overturned in federal court.”
Law360 on June 29, 2015, in “High Court Bolstered Immigrant Removal Rights This Term.” On Mata v. Lynch, He noted that the justices ruled that federal appeals courts can decide whether people facing removal should be able to extend deadlines in immigration proceedings. “That’s important because it establishes the primacy of federal court jurisdiction,” he said. On Kerry v. Din, he noted that the decision was extremely close at 5 to 4, which he said is the closest ruling the Supreme Court has ever issued in consular nonreviewability. “So, I have a faint hope that someday in the not-too-distant future, the court will ultimately recognize that there should be judicial review for at least certain kinds of visa denials,” he said.
Law360 on June 15, 2015, in “Visa Review Stymied For Now, But More Challenges May Come.” With respect to the doctrine of consular absolutism, Mr. Yale-Loehr observed that the Supreme Court declined to disturb this “long-criticized doctrine.” He said “[i]t was a little closer this time, in that you only had a plurality, and then you had a concurrence on separate grounds.” But the bottom line was that the court reaffirmed consular nonreviewability. He said striking down that doctrine was unlikely given the current makeup of the Supreme Court, but that “hope springs eternal” and that “it’s possible that with a new president and new justices, the doctrine of consular absolutism may finally die.”
Law360 on June 15, 2015, in “Immigrants Get More Court Access Under High Court Ruling.” Mr. Yale-Loehr said the decision about the Mexican deportation case “reaffirms that immigrants have some procedural protections” even if they have little constitutional protection.
National Law Journal on June 15, 2015. Mr. Yale-Loehr noted that “[t]ogether, the decisions underscore the court’s dichotomy on immigration issues: Unlike citizens, immigrants have few substantive constitutional rights, but they can receive some procedural rights.” He noted that the decision “continues the much criticized doctrine of consular absolutism. It is ironic that while the Supreme Court actively reviews congressional or executive branch decisions in other areas such as health care, the court continues its hands-off approach in reviewing substantive immigration decisions. It is time to bring immigration law into the mainstream of constitutional law.”

Mr. Yale-Loehr was quoted by McClatchy Washington Bureau in “Mothers’ Proposal on Family Detention Divides Advocacy Groups,” published on June 26, 2015. He noted that although the proposal would not end family detention, it would cut dramatically the amount of time most mothers and children could spend in a facility, from over a year to less than 12 days. Many could be released within 24 hours. “If this stipulation were to be agreed to by the federal government, it would be a huge win for the plaintiffs.”

12. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

Department of Labor processing times and information on backlogs