Headlines:

1. USCIS To Resume Premium Processing for Cap-Subject H-1B Petitions; Temporarily Suspends Use of Pre-Paid Mailers for Certain H-1B Cap-Subject Petitions -For cap-subject H-1B petitions, including advanced degree exemption petitions, the 15-day premium processing period will begin on May 12, 2016, regardless of the date on the Form I-797 receipt notice.

2. USCIS Designates Two ‘Adopted Decisions,’ Establishing Policy Guidance -USCIS recently designated several decisions as “adopted decisions,” meaning that they establish policy guidance that applies to and binds all USCIS employees. USCIS directs its personnel to follow the reasoning in these decisions in similar cases.

3. USCIS Ombudsman Hosts Teleconference on DMV Benefits for Certain Nonimmigrant Workers -The Ombudsman noted that although federal regulations provide for a 240-day extension of work authorization after a temporary worker’s status expires if the worker has a pending petition to extend that status, whether those workers can obtain and maintain a driver’s license during that time remains an issue.

4. Pro Bono Success Story: Cyrus Mehta -“The moral of the story is never give up on your clients, and keep on steadfastly fighting the good fight until you win,” Mr. Mehta said.

5. ABIL Global: Mexico -Mexicans in the United States are returning to Mexico in increasing numbers.

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

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Details:

1. USCIS To Resume Premium Processing for Cap-Subject H-1B Petitions; Temporarily Suspends Use of Pre-Paid Mailers for Certain H-1B Cap-Subject Petitions

U.S. Citizenship and Immigration Services (USCIS) announced on April 22, 2016, that the agency will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. Premium processing guarantees a 15-calendar-day processing time. USCIS had previously announced that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap would be met in the first 5 business days of the filing season.

For H-1B petitions that are not subject to the cap and for any other visa classification, the 15-day processing period for premium processing service begins on the date USCIS receives the request. However, for cap-subject H-1B petitions, including advanced degree exemption petitions, the 15-day premium processing period will begin on May 12, 2016, regardless of the date on the Form I-797 receipt notice, which indicates the date on which the premium processing fee is received.

USCIS also announced on April 20, 2016, that for two weeks after premium processing resumes for H-1B cap-subject petitions, USCIS will not use pre-paid mailers to send out final notices for premium processing of H-1B cap-subject petitions. Instead, the agency will use regular mail. USCIS said this is “due to resource limitations as we work to process all premium processing petitions in a timely manner. After the two week period, we will resume sending out final notices in the pre-paid mailers provided by petitioners.”

USCIS encourages H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B Fiscal Year (FY) 2017 Cap Season webpage.

NOTICE announcing the May 12 start date for premium processing

NOTICE announcing the temporary suspension of prepaid mailers

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2. USCIS Designates Two ‘Adopted Decisions,’ Establishing Policy Guidance

U.S. Citizenship and Immigration Services (USCIS) recently designated two decisions of the Administrative Appeals Office (AAO) as “adopted decisions,” meaning that they “establish policy guidance that applies to and binds all USCIS employees.” USCIS directs its personnel to follow the reasoning in these decisions in similar cases.

Matter of Z-A-. USCIS designated Matter of Z-A-, Inc., as an adopted decision on April 14, 2016. This AAO decision clarifies that when determining whether the beneficiary of an L-1A nonimmigrant classification will primarily manage an essential function, USCIS officers must weigh all relevant factors including, as pertinent in the instant case, evidence of the beneficiary’s role within the wider qualifying international organization.

Specifically, the decision notes:

(1)  While an L-1A function manager may use his or her business expertise to perform some operational or administrative tasks, he or she primarily must manage an essential function.

(2)  To determine whether a beneficiary’s job duties will be primarily managerial in nature, an adjudicating officer must consider the totality of the record and weigh all relevant factors, including the nature and scope of the petitioner’s business; the petitioner’s organizational structure, staffing levels, and the beneficiary’s position within the petitioner’s organization; the scope of the beneficiary’s authority; the work performed by other staff within the petitioner’s organization, including whether those employees relieve the beneficiary from performing operational and administrative duties; and any other factors that will contribute to understanding a beneficiary’s actual duties and role in the business.

(3)  When staffing levels are considered in determining whether an individual will act as a manager, an officer must also take into account relevant evidence in the record concerning the reasonable needs of the organization as a whole, including any related entities within the “qualifying organization,” giving consideration to the organization’s overall purpose and stage of development.

Matter of H-V-P-. USCIS designated Matter of H-V-P- as an adopted decision on March 9, 2016. This AAO decision clarifies that in addition to primary care physicians, medical specialists who agree to practice in any area designated by the Secretary of Health and Human Services as having a shortage of health care professionals may be eligible for the physician national interest waiver under INA § 203(b)(2)(B)(ii).

USCIS policy memorandum on Matter of Z-A–, which includes the text of the decision

USCIS policy memorandum on Matter of H-V-P–, which includes the text of the decision

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3. USCIS Ombudsman Hosts Teleconference on DMV Benefits for Certain Nonimmigrant Workers

On February 25, 2016, the U.S. Citizenship and Immigration Services (USCIS) Ombudsman hosted a public teleconference on issues related to Department of Motor Vehicles (DMV) benefits for certain nonimmigrant workers, including H and L nonimmigrants. Individuals whose employers timely file for extension of nonimmigrant status receive an automatic 240-day extension of work authorization while the petition remains unadjudicated. Representatives from the Department of Homeland Security (DHS), USCIS, the California DMV, and a private immigration attorney responded to questions posed by the Ombudsman and the public. The discussion focused on the impact of the REAL ID Act on how state DMVs treat individuals subject to the 240-day rule.

During the call, the Ombudsman noted that although federal regulations provide for a 240-day extension of work authorization after a temporary worker’s status expires if the worker has a pending petition to extend that status, whether those workers can obtain and maintain a driver’s license during that time remains an issue. The REAL ID Act requires state driver’s licenses to conform to certain federal standards. The Act also requires that states verify an individual’s immigration status before issuing a REAL ID-compliant identification card, including a driver’s license. The lack of guidance on how state DMVs should handle driver’s licenses for temporary foreign workers with pending extension of stay petitions “has led to a patchwork of state responses,” USCIS noted.

The DHS Office of Policy said the REAL ID Act complicates state interpretation of the 240-day rule because it links driver’s licenses to whether an individual has lawful immigration status, a distinct legal term that is different from lawful presence. The 240-day work authorization extension provides for lawful presence, but not lawful status. There have been attempts in the past to amend the REAL ID Act to address this and other related issues, but these efforts were unsuccessful. As a result, several categories of immigrants—not just temporary workers—”are disadvantaged by the statute’s requirement that licenses be tied to lawful status rather than to lawful presence,” USCIS said.

One commenter discussed the impact on employers and nonimmigrant workers. Workers on a 240-day work authorization extension are provided only with a Form I-797C, the receipt for the filed extension-of-stay petition. There has been little guidance on how state DMVs should treat that document. The language on the I-797C makes it even more difficult to obtain DMV benefits because it explicitly states that the form does not grant any immigration status or benefit. Many states rely on this language to deny a license to immigrant workers on the 240-day extension. The struggle for employers is that the 240-day rule becomes less useful where the worker cannot drive to get to work, she said. Payment of the premium processing fee for the extension-of-stay petition guarantees adjudication of the petition within an expedited time frame and could alleviate the problems associated with the gap in status. However, not all employers can afford the additional fee, she noted, and it is not always an option, particularly where its only purpose would be to allow the worker to obtain a driver’s license.

Relying on surveys, the commenter explained that some states that comply with REAL ID or are moving toward compliance have taken a hybrid approach. In those states, immigrants whose status has not expired can obtain a REAL ID-compliant license, while those without lawful status—but perhaps who are lawfully present—get a license that is not compliant with the law. A few states offer limited driver’s licenses or “driver privilege cards” for undocumented immigrants. Foreign workers in the 240-day extension window could request one of those licenses, but they would have to reapply for a regular driver’s license once their extension-of-stay petitions are approved. Some states that are not compliant with the REAL ID Act accept the I-797C as a document establishing lawful presence, as long as the document can be verified in SAVE.

A representative of USCIS’s Systematic Alien Verification for Entitlements (SAVE) system explained that the agency issued guidance on this issue to state DMVs in 2014. That guidance “essentially punted to the states on their treatment of the 240-day extension,” USCIS said. SAVE only provides information on an individual’s immigration status—it does not indicate whether a state-level benefit should be granted. In that regard, USCIS said, “the states have to look at their own rules and regulations for how to treat the provision of state benefits that are based on immigration status.”

The Ombudsman concluded the call by saying that the Ombudsman’s Office is aware of and is closely monitoring longer USCIS processing times for nonimmigrant worker adjudications and the resulting backlogs.

USCIS STATEMENT

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4. Pro Bono Success Story: Cyrus Mehta

In December 2010, Cyrus Mehta, a member of the Alliance of Business Immigration Lawyers (ABIL), began representing a client from the Ivory Coast pro bono who was already in removal proceedings after she had filed a late asylum application on her own based on female genital mutilation (FGM). While in removal proceedings, she married her spouse, who was then a U.S. permanent resident. He sponsored her for permanent residence through an I-130 petition. Mr. Mehta represented both at a Stokes interview in New York City, where they were vigorously questioned on the bona fides of the marriage. They passed with flying colors and the I-130 petition was approved. As soon as the permanent resident spouse became eligible, Cyrus filed an application for naturalization on his behalf, and he successfully became a U.S. citizen within a few months. Mr. Mehta then moved to terminate the removal proceeding so his client could file administratively for adjustment of status through her U.S. citizen spouse.

Since the client had initially entered the United States under a false identity as a result of fleeing FGM, the officer found her inadmissible based on immigration fraud and denied the adjustment application. The fact that she had admitted her fraudulent entry in her asylum application, and thus made a timely retraction at the first available opportunity, did not seem to sway the officer. Mr. Mehta filed a waiver application to overcome the fraud ground of inadmissibility demonstrating extreme hardship to his client’s U.S. citizen spouse, who is a New York City taxi driver and cannot go back to the Ivory Coast because he, too, was persecuted there and received asylum in the United States before becoming a permanent resident and ultimately a U.S. citizen. The fact that he would have to stop working 80 hours a week to look after his U.S. citizen child if his wife was removed also did not seem to move the officer, and the waiver was denied on the ground that the applicant failed to demonstrate extreme hardship.

In the fall of 2014, Mr. Mehta appealed the denial of the waiver to the Administrative Appeals Office. The AAO reversed the denial of the waiver in early 2015, but the AAO’s decision did not connect with the client’s adjustment of status file in the New York City district office for a long time. Cyrus went to the highest authorities in the district office, coincidentally at a meeting organized by ABIL, and pointed out that based on the reversal of the denial of the waiver by the AAO, U.S. Citizenship and Immigration Services (USCIS) should swiftly reopen his client’s adjustment application and grant her permanent residence. After nearly a year of effort, her file was finally found and she was adjusted to permanent residence on March 31, 2016, and received an approval notice entitled “Welcome To America.”

“The moral of the story is never give up on your clients, and keep on steadfastly fighting the good fight until you win,” Mr. Mehta said.

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5. ABIL Global: Mexico

Mexicans in the United States are returning to Mexico in increasing numbers.

Between 2009 and 2014, nearly one million Mexican nationals (including their U.S.-born children) left the United States for Mexico of their own accord. That number is higher than the number of legal Mexican migrants who came to the United States. This increased tendency for repatriation from Mexico to the United States began to take shape during the financial troubles of 2008 in the United States. Although the Mexican National Survey of Demographic Dynamics (ENADID) reported that nearly 61% of repatriated Mexicans returned for the purpose of familial reunification, arguably this mass repatriation, the reversal of a diaspora created by economic conditions, is tied inseparably to the dynamics of the global economy and its inherent social dimensions in addition to the decision to return to be reunited with loved ones.

With the continual polarization of U.S.-Mexico border politics, stricter enforcement of immigration laws within the United States has contributed to a noticeable drop in the number of Mexican nationals entering the United States. In 2004, U.S. border apprehensions of Mexicans numbered 1,142,807. That figure plummeted to 230,000 by 2014 (Office of Immigration Statistics, 2014). The U.S. Department of Homeland Security reported that between 2009 and 2014, nearly 870,000 Mexican nationals legally entered and achieved legal permanent residence in the United States. Between 1990 and 1999, nearly 2,700,000 legal Mexican migrants entered the United States; from 2000 to 2009, nearly 1,700,000 entered (Office of Immigration Statistics, 2014). The trend is downward.

Since the economic liberalization of the 1980s and 1990s, Mexico’s role in the international economy, and especially in the North American trade bloc, has grown exponentially. Since the signing of the North American Free Trade Agreement (NAFTA), Mexico’s export value has risen nearly 475%, from US $60.8 billion to US $349.6 billion from 1994 to 2011. While the Mexican economy was certainly hit hard in 2009 by its dependence on the United States as a market for exports, it was not hit nearly as hard as the United States’ economy, and had been steadily improving since the signing of NAFTA. In other words, the economic conditions and opportunities in Mexico had been steadily improving in the years leading up to the 2008 crash, especially as foreign companies began to flood into Mexico.

Keeping the above in mind, the abysmal economic situation of the United States for migrant workers is illustrated by the estimated 15% drop in remittances sent to Mexico from the United States in the years 2008 to 2009. The U.S. Bureau of Labor Statistics estimated that when the unemployment of marginally attached and part-time laborers is included, U.S. unemployment rates reached 16% in 2009 (Bureau of Labor Statistics, 2015).

The evaporating employment opportunities for migrants in the United States has been supplemented by expanding opportunities in Mexico provided by the influx of foreign capital made possible by free trade agreements like NAFTA. Mexico holds the world record for most currently effective free trade agreements. While economic hardship hit all sectors of the United States, the damage was relatively lower in Mexico; historically sought-after remittances to Mexico were not only harder to come by but were becoming somewhat less necessary. Just as the influx of capital brought by NAFTA made possible the conditions under which more Mexicans could return to their own country, more Mexican nationals are likely to return home as new trade agreements, such as the Trans-Pacific Partnership, continue to advance Mexico’s economy and bring the diaspora home to greater economic opportunity.

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6. New Publications and Items of Interest

The latest E-Verify webinar schedule from USCIS is available HERE.

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 for:

• 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.

An excerpt of the book is on the ABIL website.

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

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7. ABIL Member/Firm News

The following ABIL Member firms were among the top 20 named by Who’s Who Legal 100 for 2016. Who’s Who said these firms “boast an exceptional contingent of leaders, who are recognised for their abilities to advise on complex transactional and contentious employment matters, or for their abilities to counsel on the myriad of legal, regulatory and policy matters related to corporate immigration”:

• Seyfarth Shaw
• Foster, LLP
• Klasko Immigration Law Partners
• Wolfsdorf Rosenthal
• Sagardoy Abogados
• Siskind Susser
• Laura Devine Solicitors

Charles C. Foster, Foster Global founder, was elected on April 26, 2016, to the Board of Directors of Invest in the USA (IIUSA), an organization promoting education and compliance in the EB-5 Immigrant Investor Program.

Bryan Funai will speak on “Visas for Entrepreneurs: Difficult Extensions (L-1s, E-2s, O-1s),” an AILA webinar to be held May 10, 2016.  FOR MORE INFORMATION

Robert F. Loughran discussed “The Immigration Effects of Criminal Convictions on Non-Citizens” with volunteers from the Seedling Foundation, an organization of mentors for children whose parents are incarcerated, on April 20, 2016.

Mr. Loughran‘s article, “Relinquishment of U.S. Citizenship with Existing Alternate Nationalities,” was published by the Geneva Group International GGI Forum and the Investment Migration Council’s News Section (http://investmentmigration.org/news-section/relinquishment-of-u-s-citizenship-with-existing-alternate-nationalityies/). The article delves into the reasons for relinquishing U.S. citizenship, best practices for doing so, options available for direct citizenship by investment, and the consequences one might encounter after completing the process. A condensed version was also published in the Geneva Group International—International Taxation Newsletter.

Sharon Mehlman was a panelist on “The New STEM OPT Regulations: The Details & What It Means for Your Practice,” held April 27, 2016, in Irvine, California, by the American Immigration Lawyers Association’s Southern California Chapter.

Cyrus Mehta was a panelist on “Ethics 101 CLE,” held April 18, 2016, by the American Immigration Lawyers Association’s New York Chapter, at New York Law School in New York City.

David Isaacson, of Cyrus D. Mehta & Partners PLLC, has published a new blog entry. “Some Preliminary Reactions to the Oral Argument in United States v. Texas”

Cora-Ann V. Pestaina, of Mr. Mehta’s office, has published a new blog entry. “A Closer Look at the Form I-983—Training Plan STEM OPT Students”

Bernard Wolfsdorf (bio: http://www.abil.com/lawyers/lawyers-wolfsdorf.cfm) moderated a panel, “Solutions to the China EB-5 Visa Waiting Line & Update from Department of State,” at the Invest in the USA EB-5 Advocacy Conference held in Washington, DC, April 20-22, 2016. Charles Oppenheim, Chief, Visa Control and Reporting Division, U.S. Department of State, was on the panel. FOR MORE INFORMATION

Stephen Yale-Loehr was quoted in various publications about the oral arguments before the U.S. Supreme Court in U.S. v. Texas:

• Atlanta Journal-Constitution
• Arizona Republic
• Louisville Courier-Journal
• El Diario NY
• Latino

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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:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. USCIS Finalizes Guidance on ‘Same or Similar’ Occupations and Job Portability -USCIS has finalized guidance on determining whether a new job is in the “same or similar” occupational classification with respect to job portability.

2. USCIS Reaches H-2B Cap for First Half of FY 2016 -USCIS announced it has received a sufficient number of petitions to reach the H-2B cap for the first half of FY 2016. March 15, 2016, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2016.

3. USCIS Seeks Additional Comments on Revised Form I-9 -USCIS will accept comments until April 27, 2016, on the revised Employment Eligibility Verification Form I-9.

4. DHS Issues Final Rule Amending F-1 Regs, Breaks Record for Public Comments -DHS published a final rule amending regulations to expand optional practical training (OPT) for students with U.S. degrees in science, technology, engineering, or mathematics (STEM) and create new obligations for F-1 students and F-1 employers starting May 10, 2016.

5. Potomac Service Center Now Processing Certain I-765 Cases, Issues Guidance on Correcting Errors -The affected casework includes Form I-765, Application for Employment Authorization, filed by F-1 and M-1 students seeking Optional Practical Training and J-1 dependents.

6. USCIS Extends TPS Designations for Liberia, Sierra Leone, Guinea -The extended designations are effective May 22, 2016, through November 21, 2016. Current TPS beneficiaries from Guinea, Liberia, or Sierra Leone who seek to extend their TPS must re-register during a 60-day period that runs through May 23, 2016.

7. Reminder: USCIS Is Accepting H-1B Petitions for FY 2017 Beginning April 1, 2016 -The Alliance of Business Immigration Lawyers recommends filing during the first five business days in April.

8. CBP Announces Electronic Visa Update System for Certain Chinese B Visa Holders -CBP announced the establishment of the Electronic Visa Update System (EVUS), a new platform under development to enhance border security in accordance with the bilateral arrangement with China to issue 10-year-validity tourist and business visas.

9. State Dept. Announces Phase-Out of Employment Authorization for Diplomats’ Dependents on A-2 Visas -DOS announced the phase-out of DOS’s endorsement of employment authorization requests for dependents of foreign government employees holding A-2 visas who are considered to be permanently resident in the United States for purposes of the Vienna Conventions on Diplomatic and Consular Relations.

10. DHS Launches ‘Known Employer’ Pilot -DHS announced a “Known Employer” pilot to assess a new process for employers seeking to hire certain workers through employment-based visa categories.

11. Pro Bono: ABIL Member Wins Asylum for Liberian Truth and Reconciliation Commission Member -ABIL member Steve Yale-Loehr of Miller Mayer, LLP, recently won asylum for a former member of the Liberian Truth and Reconciliation Commission.

12. Fabio Becomes U.S. Citizen, Considers Running for President -Parts of this article are actually true. We’ll leave you to guess which ones. Happy April Fool’s Day!

13. ABIL Global: South Africa -There have been several developments in business travel.

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

15. ABIL Member/Firm News -ABIL Member/Firm News

16. Government Agency Link -Government Agency Link

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Details:

1. USCIS Finalizes Guidance on ‘Same or Similar’ Occupations and Job Portability

On March 18, 2016, U.S. Citizenship and Immigration Services (USCIS) finalized guidance, effective March 21, on determining whether a new job is in the “same or similar” occupational classification with respect to job portability. The policy memorandum instructs USCIS employees on how to use the Department of Labor’s Standard Occupational Classification (SOC) codes and other evidence to determine if a new job is in the same or a similar occupational classification as the original job offer in an Immigrant Petition for Alien Worker (Form I-140) submitted to USCIS.

The memo notes that such adjudications “require individualized assessments that consider the totality of the circumstances and are based on a preponderance of the evidence presented.” The memo states that SOC codes “provide some measure of objectivity in such assessments and thus can help address uncertainty in the portability determination process.” Although the memo focuses on how to interpret and apply SOC codes, it points out that nothing in the memo “is intended to make SOC codes or their descriptions the only factor or a mandatory factor in portability determinations or to otherwise limit USCIS’ flexibility to consider other relevant evidence.”

Despite those assurances, some commenters expressed concerns that the guidance could have the practical effect of leading to a rigid application of SOC codes to “same or similar” determinations. The Alliance of Business Immigration Lawyers (ABIL) referred to comments it submitted on February 29, 2016, regarding a Department of Homeland Security (DHS) proposed rule issued on December 31, 2015, “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers.” DHS proposed a new 8 CFR § 245.25 intended to “clarify and improve” policies and procedures related to the job portability provisions of § 106(c) of American Competitiveness in the Twenty-First Century Act (AC21). ABIL believes that the proposed 8 CFR § 245.25(c) takes an overly narrow interpretation of the term “same or similar” and results in an interpretation of INA § 204(j) (created by AC21) that is “more inflexible than current practice, lessens job flexibility, and takes much-needed discretion away from USCIS adjudicators.” See #2, “Job Portability Under AC21 for Certain Applicants for Adjustment of Status.”

MEMO

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2. USCIS Reaches H-2B Cap for First Half of FY 2016

On March 21, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2016. March 15, 2016, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2016.

Except as noted below, USCIS will reject new H-2B petitions that were received after March 15, 2016, and that request an employment start date before April 1, 2016.

USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes:

• For FY 2016 only, workers identified as “returning workers” who were previously counted against the annual H-2B cap during FYs 2013, 2014, or 2015;
• Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
• Fish roe processors, and fish roe technicians and/or supervisors of fish roe processing; and
• Workers performing labor or services from November 28, 2009, until December 31, 2019, in the Commonwealth of the Northern Mariana Islands and/or Guam.

USCIS said that to avoid processing delays, petitioners who are including H-2B returning workers on their petition must complete and include the H-2B Returning Worker Certification and are encouraged to write “H-2B Returning Workers” prominently on the envelope and any cover page.

USCIS ANNOUNCEMENT

MORE INFORMATION

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3. USCIS Seeks Additional Comments on Revised Form I-9

U.S. Citizenship and Immigration Services (USCIS) will accept comments until April 27, 2016, on the revised Employment Eligibility Verification, Form I-9. In response to the approximately 130 public comments USCIS received during the previous 60-day notice, USCIS made further changes to the proposed form. Key changes to the form include:

• Validations on certain fields to ensure information is entered correctly;
• Additional spaces to enter multiple preparers and translators;
• Dropdown lists and calendars;
• Embedded instructions for completing each field;
• Ways to allow users to access the instructions electronically, print the form, and clear the form to start over;
• A dedicated area to enter additional information that employers are currently required to notate in the margins of the form;
• A quick-response matrix barcode, or QR code, that generates once the form is printed “that can be used to streamline audit processes”;
• Requiring employees to provide only other last names used in Section 1, rather than all other names used;
• Removing the requirement that those authorized to work provide both their Form I-94 number and foreign passport information in Section 1;
• Separating instructions from the form, in keeping with USCIS practice; and
• Adding a Supplement in cases where more than one preparer or translator is used to complete Section 1.

USCIS noted that after the 30-day comment period ends and public comments are considered, the agency may make further changes to the form. Comments may be submitted by following the instructions in the USCIS notice.

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4. DHS Issues Final Rule Amending F-1 Regs, Breaks Record for Public Comments

On March 11, 2016, the Department of Homeland Security (DHS) published a final rule amending regulations to expand optional practical training (OPT) for students with U.S. degrees in science, technology, engineering, or mathematics (STEM) and create new obligations for F-1 students and F-1 employers starting May 10, 2016.

OPT is a form of temporary employment available to F-1 students (except those in English language training programs) that directly relates to a student’s major area of study in the United States. A student can apply to engage in OPT during or after completing his or her academic program. A student can apply for 12 months of OPT at each education level (e.g., one 12-month OPT period at the bachelor’s level and another 12-month period at the master’s level). While school is in session, the student may work up to 20 hours per week pursuant to OPT.

DHS first introduced an extension of OPT for STEM graduates in a 2008 interim final rule. Under the 2008 rule, an F-1 student with a STEM degree from a U.S. institution of higher education could apply for an additional 17 months of OPT (17-month STEM OPT extension), provided that the employer from which the student sought employment was enrolled in and remained in good standing in the E-Verify employment eligibility verification program. On August 12, 2015, the U.S. District Court for the District of Columbia ordered the vacatur of the 2008 rule on procedural grounds and remanded the issue to DHS. The court stayed the vacatur until February 12, 2016, to give DHS the opportunity to issue a new rule related to STEM OPT extensions through notice-and-comment rulemaking.

On October 19, 2015, DHS published a notice of proposed rulemaking (NPRM) to reinstate the STEM OPT extension, with changes intended to enhance the educational benefit afforded by the extension and to increase program oversight, including safeguards to protect U.S. workers. The rule received more than 50,500 comments—the most in DHS history. On January 23, 2016, the court gave DHS additional time to complete the rulemaking following review of public comments and to allow the Department to publish the rule with a 60-day delayed effective date to provide sufficient time for efficient transition to the new rule’s requirements.

DHS has now completed the final rule. Highlights include:

Extension period to increase from 17 to 24 months. Under the amended regulations, F-1 STEM students will be able to extend OPT for an additional 24 months beyond the initial 12 months, replacing the 2008 regulation that allowed F-1 STEM students to receive a 17-month extension of OPT, providing work authorization for employment related to their field of study.

New reporting requirements for F-1 students and university officials. New reporting requirements include: (1) a six-month validation requirement, confirming the F-1 student applicant’s application for work authorization through the OPT program; (2) an annual self-evaluation required of F-1 students, for designated school officials to review; and (3) an affirmative requirement for F-1 students to report any change in employment status or material departure from the adopted Training Plan. This is in addition to the requirement for F-1 employers to report similar changes to designated school officials within five business days, which remains in effect.

F-1 employer requirement to complete formal Training Plan with F-1 student. The new regulations will increase DHS oversight over the OPT program. F-1 employers must complete a formal Training Plan, Form I-983, and comply with new wage requirements. The formal Training Plan must include concrete learning objectives with proper oversight. F-1 employers must set out the terms and conditions of employment, including the specific duties, hours, and compensation.

As part of the Training Plan, F-1 employers must attest that the F-1 employee is paid a salary commensurate with similarly situated workers and that: “(1) it has sufficient resources and trained personnel available to provide appropriate training in connection with the specified opportunity; (2) the student will not replace a full- or part-time, temporary or permanent U.S. worker; and (3) the opportunity will help the student attain his or her training objectives.”

DHS to conduct on-site visits. The new regulations state that DHS has discretion to conduct employer site visits to ensure that F-1 employers meet the requirements of the OPT program. Generally, DHS must provide notice 48 hours before an on-site inspection, unless the visit is conducted in response to a complaint or evidence of noncompliance.

Cap-gap extension language clarified. DHS has revised the cap-gap extension regulation to clarify that the extension for F-1 students with pending H-1B petitions and requests for change of status temporarily extends the OPT period until October 1, the beginning of the new fiscal year.

Additionally, the final rule states:

• Only students who earned a degree from a school accredited by a U.S. Department of Education-recognized accrediting agency and certified by the Student and Exchange Visitor Program (SEVP) may apply for a STEM OPT extension.
• Participating students who receive an additional qualifying degree from an accredited college or university can apply for a second STEM OPT extension.
• Participating students can use a previously earned qualifying degree to apply for a STEM OPT extension. The prior degree must not have already formed the basis of a STEM OPT extension and must be from a school that is both accredited by a U.S. Department of Education-recognized accrediting agency and certified by SEVP at the time of the student’s STEM OPT application. The student’s most recent degree must also be from an accredited and SEVP-certified institution.
• Students must work at least 20 hours per week per employer to qualify.
• Students are permitted a limited period of unemployment during the initial period of post-completion OPT and the STEM OPT extension.
• All STEM OPT employers must participate in DHS’s E-Verify program.

Also on March 11, 2016, SEVP launched a STEM OPT Hub. The Hub includes resources for students, designated school officials, and employers.

THE FINAL RULE, which replaces the existing 2008 interim final rule and amends the current regulations at 8 CFR parts 214 and 274a.

RELATED ICE PRESS RELEASE.

INFORMATION ON COMPLETING THE TRAINING PLAN FORM

MORE INFORMATION ABOUT SEVP

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5. Potomac Service Center Now Processing Certain I-765 Cases, Issues Guidance on Correcting Errors

On March 1, 2016, U.S. Citizenship and Immigration Services (USCIS) began transferring certain cases to the Potomac Service Center (PSC) from other service centers to balance workloads. The affected casework includes Form I-765, Application for Employment Authorization, filed by F-1 and M-1 students seeking Optional Practical Training (OPT) and J-1 dependents.

If USCIS transfers a case, the agency will send the applicant a transfer notice. The original receipt number will not change and the transfer will not delay processing, USCIS said.

Also, the filing location and instructions for these forms are not changing. USCIS is instructing applicants to continue to file the forms at the address listed under “Where to File” in the I-765 instructions.

How to correct errors. If an Employment Authorization Document (EAD) card was approved by the PSC and contains incorrect information that the applicant believes is due to USCIS error, the applicant should submit a letter that explains the error, and include the EAD card containing the incorrect information, documents showing that USCIS made an error (such as a copy of the application sent to USCIS with the correct information, and a copy of the applicant’s birth certificate with the correct name). The letter and supporting documents should be sent to the Nebraska Service Center:

U.S. Citizenship and Immigration Services
Nebraska Service Center
ATTN CCS Unit
P.O. Box 82521
Lincoln, NE  68501-2521

USCIS asks that individuals not send the letter and card to the PSC. “If USCIS made an error, you do not need to submit a new Form I-765 or pay a new filing fee,” USCIS noted.

ANNOUNCEMENT

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6. USCIS Extends TPS Designations for Liberia, Sierra Leone, Guinea

On March 22, 2016, U.S. Citizenship and Immigration Services (USCIS) announced the extension of temporary protected status (TPS) designations of Liberia, Sierra Leone, and Guinea for an additional six months. The extended designation is effective May 22, 2016, through November 21, 2016. Current TPS Guinea, Liberia, or Sierra Leone beneficiaries seeking to extend their TPS must re-register during a 60-day period that began on March 22, 2016, and runs through May 23, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible.

USCIS noted “significant improvements in the conditions in all three countries since their designations for TPS in November 2014,” but said the lingering effects of the Ebola virus disease outbreak and continued recovery challenges support a six-month extension.

The six-month extension allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of November 21, 2016. USCIS said it recognizes that some re-registrants may not receive their new EADs until after their current work permits expire. Therefore, USCIS is automatically extending current TPS Guinea, Liberia, and Sierra Leone EADs bearing a May 21, 2016, expiration date for six months. These existing EADs are now valid through November 21, 2016.

To re-register for TPS, current beneficiaries must submit:

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

Individuals who still have a pending initial TPS Guinea, Liberia, or Sierra Leone application do not need to submit a new I-821. However, if they currently have a TPS-related EAD and want a new EAD, they should submit:

• Form I-765, Application for Employment Authorization;
• The Form I-765 application fee, regardless of their age; and
• A copy of the receipt notice for the initial Form I-821 that is still pending.

USCIS said it will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee-waiver request. Applicants may ask USCIS to waive any fees based on an 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 ANNOUNCEMENT

ADDITIONAL INFORMATION ABOUT TPS—including guidance on eligibility, the application process, and where to file

The Federal Register notices contain further details, including application requirements and procedures, and the six-month auto-extension of current EADs.

LIBERIA

SIERRA LEONE

GUINEA

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7. Reminder: USCIS Is Accepting H-1B Petitions for FY 2017 Beginning April 1, 2016

On April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering, and computer programming.

The congressionally mandated cap on H-1B visas for FY 2017 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

The Alliance of Business Immigration Lawyers (ABIL) recommends filing during the first five business days in April. Contact your ABIL member for help with H-1B applications.

LATEST USCIS ANNOUNCEMENT

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8. CBP Announces Electronic Visa Update System for Certain Chinese B Visa Holders

On March 15, 2016, U.S. Customs and Border Protection (CBP) announced the establishment of the Electronic Visa Update System (EVUS), a new platform under development to enhance border security in accordance with the bilateral arrangement with China to issue 10-year-validity tourist and business visas.

Beginning in November 2016, nationals of the People’s Republic of China holding 10-year visas B-1/B-2, B-1, and B-2 visas must complete an online form to update certain biographic information. Travelers will need to enroll in EVUS before traveling to the United States. An EVUS enrollment is valid for two years or until the traveler obtains a new passport, whichever comes first.

“More than 2.7 million nationals of the People’s Republic of China are part of the 10-year visa program, a milestone in diplomatic relations between the U.S. and China,” said CBP Commissioner R. Gil Kerlikowske. “The Electronic Visa Update System will enable CBP to enhance the security of the program while facilitating legitimate travel.”

In addition to having valid 10-year visas and being required to complete EVUS enrollments before their first travel to the United States, such travelers will need to update their enrollments at least once every two years to be admitted into the United States. A nominal fee will be charged at the time of the EVUS enrollment and subsequent updates. The update will generally be valid for two years and will help to facilitate entry into the United States.

EVUS will be launched in November 2016. Travelers will be asked to update or verify their name, address, date of birth, passport number, and other basic biographic information needed to expedite entry into the United States. Visa holders do not need to do anything until the platform has officially launched, CBP said.

The EVUS process is similar to the process that travelers from 38 other countries must follow before traveling to the United States, CBP noted. “If Chinese travelers do not update their information at least every two years, or upon obtaining new passports after EVUS becomes effective, they will not be able to use their 10-year visas,” CBP said.

ANNOUNCEMENT

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9. State Dept. Announces Phase-Out of Employment Authorization for Diplomats’ Dependents on A-2 Visas

The Department of State (DOS) recently announced the phase-out of DOS’s endorsement of employment authorization requests for dependents of foreign government employees holding A-2 visas who are considered to be permanently resident in the United States for purposes of the Vienna Conventions on Diplomatic and Consular Relations (“PA2 employees”). DOS’s Office of Foreign Missions (OFM) will consider new applications only from dependents of PA2 employees who began employment between July 1 and December 31, 2015. OFM will consider renewal applications only from a PA2 employee’s dependents whose current employment authorization cards expire on or before June 30, 2016.

DOS NOTE

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10. DHS Launches ‘Known Employer’ Pilot

The Department of Homeland Security (DHS) announced on March 3, 2016, a “Known Employer” pilot to assess a new process for employers seeking to hire certain workers through employment-based visa categories.

By modifying the process U.S. Citizenship and Immigration Services (USCIS) uses to review an employer’s eligibility to sponsor individuals under certain employment-based immigrant and nonimmigrant classifications, the Known Employer pilot is expected to reduce paperwork, costs, and delays in the processing of these benefit requests. USCIS will oversee the pilot in collaboration with the DHS Office of Policy, U.S. Customs and Border Protection (CBP), and the Department of State (DOS).

“Today, we’re partnering with a select group of representative organizations across a variety of industries to determine how we can improve efficiency and cut costs. If successful, we will continue to build on this trial program and promote robust trade, travel, and economic prosperity,” said USCIS Director León Rodríguez.

The goals of the Known Employer pilot are to make the employment eligibility adjudication process more efficient and reduce delays for U.S. employers that wish to employ foreign workers under certain immigrant and nonimmigrant visa programs by:

• Reducing the amount of paperwork filed by employers and retained by USCIS;
• Promoting consistency in the adjudication of employment-based petitions and applications;
• Streamlining the adjudicative process to achieve greater efficiency within USCIS; and
• Providing greater support to CBP and DOS in support of greater efficiency and consistency at ports of entry and consular posts.

According to reports, five employers had confirmed their participation in the pilot as of the launch date: Citigroup, Inc.; Ernst & Young LLP; Kiewit Corporation; Schaeffler Group USA Inc.; and Siemens Corp.

Under the Known Employer pilot, up to nine preselected employers will file applications requesting that USCIS predetermine that they meet certain requirements relating to certain immigrant and nonimmigrant visa classifications. When making this request, employers will create a profile in the Web-based Known Employer Document Library (KEDL), and upload documents relating to the requirements. USCIS officers will review and predetermine whether a prospective employer has met certain requirements relating to the visa classifications. If USCIS approves the employer’s predetermination request, the employer may then file petitions or applications for individual employees without needing to resubmit company information with each petition or application.

Reportedly, immigrant classifications included in the Known Employer pilot are E-12 (outstanding professor or researcher) and E-13 (multinational executive or manager). Nonimmigrant classifications included in the pilot are H-1B (specialty occupation worker), L-1A (intracompany transferee in a managerial or executive capacity), L-1B (intracompany transferee in a position involving specialized knowledge), and TN (Trade NAFTA: Canadian and Mexican citizens engaged in business activities at a professional level under the North American Free Trade Agreement).

Employers will not be charged any additional fees to participate in the Known Employer pilot. The pilot is scheduled to last for up to one year. However, USCIS may terminate or extend the pilot at any time. DHS and DOS will solicit ongoing feedback from participants. If the pilot is successful, DHS is expected to seek permanency for the program and open it to all eligible employers.

DHS first announced in January 2015 that it would explore a Known Employer pilot under the U.S.-Canada Beyond the Border initiative. The pilot also was recommended in a report from federal agencies submitted to President Obama in July 2015, “Modernizing and Streamlining Our Legal Immigration System for the 21st Century.”

DHS’s ANNOUNCEMENT

KNOWN EMPLOYER PILOT PAGE

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11. Pro Bono: ABIL Member Wins Asylum for Liberian Truth and Reconciliation Commission Member

ABIL member Steve Yale-Loehr of Miller Mayer, LLP, recently won asylum for a former member of the Liberian Truth and Reconciliation Commission. The commission, set up after the civil war in Liberia, exposed and recommended for prosecution ex-warlords and others who committed war crimes and crimes against humanity during the civil war in Liberia. The commission’s report prompted death threats against the client. He fled to the United States and applied for asylum to U.S. Citizenship and Immigration Services (USCIS). A USCIS asylum officer interviewed the client in late 2013. Over two years later, the client finally received asylum. Needless to say, he is extremely happy.

Miller Mayer represented the client pro bono.

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12. Fabio Becomes U.S. Citizen, Considers Running for President

On April 1, 2016, romance novelists and fans swooned upon hearing that Italian immigrant and new U.S. citizen, heartthrob, celebrity, literary giant, and model Fabio Lanzoni is reportedly contemplating a run for the U.S. presidency. When asked why, Fabio lamented the “abysmal state of political discourse in this country, which has reached shockingly low levels.” He seeks to raise it to the lofty heights of blond ambition and beyond: “Who better than Fabio to cut through all the partisan gridlock in Washington? I’m the quintessential, ultimate outsider!”

When asked about his platform, Fabio said, “I’m a people person. I love people. I would definitely go for the people.” In substance, political pundits and observers note, this is clearly miles ahead of most of the other candidates.

Although he is now a U.S. citizen who has been in the United States for 36 years, Fabio was not born here or born to American parents and thus it appears that under the Constitution, he is ineligible for the U.S. presidency. However, there are lots of reasons why Americans may want to reconsider all that blah-blah-blah in the Constitution. On the day Fabio received U.S. citizenship, for example, Claire Nicholson, a USCIS spokesperson, tweeted: “America is about to get a little more romantic! Today, Fabio is becoming a #newUScitizen! #WelcomeFabio.” She also noted, “America just got better hair!” The latter point could be seen as posing serious competition for candidate Donald Trump, among others. The campaign could get even hairier than it is now.

Fabio acknowledges that he has the star power needed these days to compete successfully for the presidency. Even long ago, when Fabio received permanent residence, he was asked why he thought he might have gotten that status, and he replied simply, “Because I am Fabio!” He didn’t mention the hard work of his immigration attorney, Carl Shusterman, but we’re sure he appreciated all that.

Parts of this article are actually true. We’ll leave you to guess which ones. Happy April Fool’s Day!

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13. ABIL Global: South Africa

There have been several developments in business travel.

In recent months, there have been several developments of interest to business travelers to South Africa:

• The Department of Home Affairs has implemented the International Civil Aviation Organization’s (ICAO’s) requirement that as of November 24, 2015, a non-machine-readable travel document will not be accepted at any South African port of entry. The ban extends to passports that have been extended or renewed manually, as some countries still allow. The Department announced that this restriction does not apply to travelers using Emergency Travel Documents. The Department also announced that persons who had entered South African on non-machine-readable travel documents before November 24, 2015, will be allowed to depart. In addition, persons who enter South Africa on machine-readable travel documents and who lose their passports in-country can depart with Emergency Travel Documents.
• An amendment of the Immigration Act in 2014 provided that the spouse of a South African citizen who had entered the country on a short-term visitor visa (for up to 90 days) could not apply from within South Africa to change status to that of a long-term visitor (for up to two years) to accompany the South African spouse. In February 2016, the High Court ruled, however, that it is now lawful for a foreign spouse to apply for such a change of visa conditions from within the country.
• Also in February 2016, the Department announced that it was immediately withdrawing a dispensation to persons holding asylum-seeker permits that had allowed them to apply for temporary residence (so long as they qualified for the relevant visa)—and with retroactive effect. The withdrawal of the dispensation is now the subject of an urgent High Court challenge to be heard at the end of April 2016.

Finally, the Minister of Home Affairs is expected to announce shortly a Green Paper on migration. This will constitute the first formal re-thinking of immigration policy in South Africa since the revision of apartheid-era immigration law in the late 1990s.

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14. New Publications and Items of Interest

DHS OIG report on automation of immigration processing. The Department of Homeland Security’s Office of Inspector General (OIG) released a report, “Automation of Immigration Processing Remains Ineffective,” on March 9, 2016. The report notes, among other things, that although USCIS deployed the Electronic Immigration System (ELIS) in May 2012, to date only two of approximately 90 types of immigration benefits and services are available for online filing. The current ELIS approach “also has not ensured stakeholder involvement, performance metrics, system testing, or user support needed for ELIS to be effective.” The OIG also noted that USCIS now estimates that it will take three more years (over four years longer than estimated) and an additional $1 billion to automate all benefit types. “Until USCIS fully implements ELIS with all the needed improvements, the agency will remain unable to achieve its workload processing, customer service, and national security goals,” the OIG said. REPORT (#OIG-16-48).

USCIS report on H-1B petitions for FY 2015. U.S. Citizenship and Immigration Services (USCIS) issued a “Report on H-1B Petitions: Fiscal Year 2015 Annual Report to Congress,” on February 16, 2016. The report notes, among other things, that in FY 2015, USCIS received 348,669 petitions and approved 275,317 petitions. Of the 275,317 petitions that were approved, 237,901 were received and approved in FY 2015, whereas 37,416 petitions were received before FY 2015 but ultimately approved in FY 2015.  REPORT

The latest E-Verify webinar schedule from USCIS is available HERE.

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 for:

• 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.

An excerpt of the book is on the ABIL website.

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

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15. ABIL Member/Firm News

The Alliance of Business Immigration Lawyers (ABIL) was the only immigration network listed in Chambers Global for 2016.

Various ABIL members were listed in the 2016 edition of Chambers Global.

U.S. members:

• Mark Ivener
• Ronald Klasko
• Charles Kuck
• Sharon Mehlman
• Cyrus Mehta
• Angelo Paparelli
• Julie Pearl
• Bernard Wolfsdorf
• Stephen Yale-Loehr

Global members:

• Barbara Jo Caruso
• Laura Devine
• Nicolas Rollason
• Maria Isa Soter

ABIL firms, United States:

• Fredrikson & Byron, P.A.
• Ivener & Fullmer LLP
• Klasko Immigration Law Partners, LLP
• Kuck Immigration Partners LLC
• Foster LLP
• Mehlman Barnes LLP
• Cyrus D. Mehta & Partners, PLLC
• Maggio & Kattar, P.C.
• Pearl Law Group
• Siskind Susser PC
• Wolfsdorf Rosenthal LLP
• Miller Mayer, LLP

ABIL firms, Global:

• Bener Law Office
• Laura Devine Solicitors
• Sagardoy Abogados
• Gomberg Dalfen
• Barrios & Fuentes Abogados
• Kingsley Napley
• Veirano Advogados

ABIL submitted comments on February 29, 2016, on a Department of Homeland Security proposed rule issued on December 31, 2015, “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers.”

Mr. Klasko participated as a speaker at the 37^th Annual American Immigration Lawyers Association’s South Florida Immigration Law Update, held on February 5, 2016. Mr. Klasko was a panelist for the sessions, “Strategies for Working Around the H-1B Shortage,” “EB-5, Dead and Revived: What’s Left?” and “Mandamus and Declaratory Judgment: How, When and Why.” FOR MORE INFORMATION

Klasko Immigration Law Partners, LLP, will present “Immigration 2016: New Rules, New Opportunities” on April 19, 2016, in Philadelphia, Pennsylvania. FOR MORE INFORMATION OR TO REGISTER

Mr. Kuck has published a new blog entry. “USCIS Amended F-1 STEM OPT Rules Go Into Effect May 10, 2016”

Vincent Lau has published a new blog entry. “Traveling Abroad as an International Student”

Robert F. Loughran, Foster LLP Partner, detailed the immigration positions of the U.S. presidential candidates and the immigration changes enacted by President Obama via executive actions at the Foster Global Immigration Update Seminar on March 1, 2016, in San Antonio, Texas, and March 8, 2016, in Austin, Texas. In a separate session, Mr. Loughran outlined E-Verify, the Form I-9 reverification process and how visa holders could manage driver’s license renewals under the SAVE system, as well as important considerations for immigrants traveling abroad while extensions of status were pending.

Mr. Loughran met on February 4, 2016, with the management team of the El Paso, Texas, Field Office of U.S. Citizenship and Immigration Services and the Fraud Detection and National Security Directorate as a member of the State Bar Committee on Laws Relating to Immigration. The next day, he toured facilities and met with consular officers and section chiefs of the U.S. Consulate General in Ciudad Juarez, Mexico, to discuss current immigrant visa procedures and the post’s new E-2 Treaty Investor visa responsibilities.

Cyrus Mehta (bio: http://www.abil.com/lawyers/lawyers-mehta.cfm) has published several new blog entries.

“Will Avvo Disrupt Immigration Law Practice Like Uber Has Disrupted Taxis?”

“Suffocating the Foreign Entrepreneur Under the New STEM Optional Practical Training Rule”

“The Ethical Obligations of a Lawyer Who Represents a Three Year Old Child”

“Senator Grassley ‘Hacks’ H-1B Visa for Foreign Entrepreneurs”

Mr. Mehta was Program Chair for “Basic Immigration Law 2016,” Practising Law Institute, New York City, and live Webcast, March 10, 2016.

Mr. Mehta served as a judge on the New York University Law Moot Court Board, National Immigration Law Competition, New York City, February 26, 2016.

Angelo Paparelli was quoted in the Bloomberg BNA Daily Labor Report on March 21, 2016, in “USCIS Final Guidance on I-140 Job Portability Continues to Use Labor Department’s Codes.” Mr. Paparelli observed, “There’s been a little bit of a softening and a watering down of absolutely strict reliance on the SOC codes,” but “you have to understand the bureaucratic mind.” He noted that the guidance is an instruction to use the Department of Labor’s Standard Occupational Classification codes, which means that USCIS adjudicators will see submission of other types of evidence as indicating that “there must be something wrong with your case.” He said that adjudicators look for a “formulaic approach” because they have many applications to process. “They’ve forgotten the public policy behind the whole concept of portability,” he noted, predicting that the new guidance will make it even harder to change jobs than before. Bloomberg BNA Daily Labor Report is available by free trial or subscription.

Bernard Wolfsdorf of Wolfsdorf Rosenthal LLP moderated and spoke on a panel of top U.S. immigration attorneys at the 6^th Annual Investment In America Summit in Shanghai, China, on March 12-13, 2016; Beijing, China, on March 17, 2016; and Shenzhen, China, on March 19, 2016, regarding Solutions to the EB-5 Waiting Line. FOR MORE INFORMATION

Mr. Wolfsdorf was again ranked by Chambers and Partners Global as one of the top U.S. immigration lawyers in the nation. The 2016 publication recognizes Mr. Wolfsdorf as “an outstanding attorney and legal scholar. He is particularly recognized for his contributions in the EB-5 and consular processing arenas.” Wolfsdorf Rosenthal LLP was also one out of fifteen law firms across the nation recognized in the guide.

Mr. Yale-Loehr spoke on March 23, 2016, at the EB-5 Finance WebCourse, sponsored by the Council of Development Finance Agencies. FOR MORE INFORMATION

Mr. Yale-Loehr was quoted in China Daily on March 9, 2016, in “Trump-Branded Building Gets Chinese Boost.” He noted that “[i]nvestors from China currently account for almost 90 percent of all EB-5 investors.” He also pointed out that “[a]lthough EB-5 investors only account for about 1 percent of all U.S. immigration annually, the program has an outsized economic impact. EB-5 applicants have invested more than $13 billion since 2008 and have created tens of thousands of jobs for U.S. workers.”

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16. Government Agency Link

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:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. U.S. Implements VWP Changes in Response to Terrorism Concerns -Under the new “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015,” travelers in several categories are no longer eligible to travel or be admitted to the United States under the VWP.

2. USCIS Advises Employers To Identify Returning Workers Who Are Exempt From FY 2016 H-2B Cap -USCIS reminds employers that H-2B workers identified as “returning workers” are exempt from the FY 2016 annual H-2B cap. USCIS is urging H-2B employers to identify returning workers when filing petitions.

3. State Dept. Estimates Visa Number Availability in the Coming Months -The Department of State’s Visa Bulletin for March 2016 includes estimates of visa number availability (potential monthly movement) in the coming months.

4. DHS Extends TPS for Sudan -Last month, DHS announced that it was extending and redesignating temporary protected status (TPS) for South Sudan. DHS has also announced that it is extending the designation of Sudan for TPS for 18 months, from May 3, 2016, through November 2, 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

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Details:

1. U.S. Implements VWP Changes in Response to Terrorism Concerns

On January 21, 2016, the United States began implementing changes to the Visa Waiver Program (VWP) under the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015.” Under this new law, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the VWP:

• Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country)
• Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria

The Department of Homeland Security (DHS) said these individuals will still be able to apply for visas using the regular immigration process at U.S. embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates will process applications on an expedited basis.

Under the new law, travelers who currently have valid Electronic System for Travel Authorizations (ESTAs) and who have previously indicated holding dual nationality with one of the four countries listed above on their ESTA applications will have their ESTAs revoked.

The Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted on a case-by-case basis. As a general matter, categories of travelers who may be eligible for a waiver include:

• Individuals who traveled to Iran, Iraq, Sudan, or Syria on behalf of international organizations, regional organizations, and sub-national governments on official duty;
• Individuals who traveled to Iran, Iraq, Sudan, or Syria on behalf of a humanitarian nongovernmental organization (NGO) on official duty;
• Individuals who traveled to Iran, Iraq, Sudan, or Syria as journalists for reporting purposes;
• Individuals who traveled to Iran for legitimate business-related purposes following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015); and
• Individuals who traveled to Iraq for legitimate business-related purposes.

In addition, DHS said it will continue to explore whether and how the waivers can be used for dual nationals of Iraq, Syria, Iran, and Sudan. The Department of State has recommended including waivers for dual nationals who emigrated from Iran in the aftermath of the Revolution, dual-Iranian nationals who were born outside of Iran, and dual-Iranian nationals traveling to the United States for business purposes or as part of official duties as an employee of a humanitarian NGO.

Any travelers who receive notification that they are no longer eligible to travel under the VWP are still eligible to travel to the United States with valid nonimmigrant visas issued by a U.S. embassy or consulate. Such travelers must appear for interviews and obtain visas in their passports at a U.S. embassy or consulate before traveling to the United States.

The new law does not ban travel to the United States, or admission into the United States, and most VWP travelers will not be affected by the legislation.

An updated ESTA application with additional questions is expected to be released in late February 2016 to address exceptions for diplomatic and military-related travel provided for in the new law.

DHS’s ANNOUNCEMENT

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2. USCIS Advises Employers To Identify Returning Workers Who Are Exempt From FY 2016 H-2B Cap

U.S. Citizenship and Immigration Services (USCIS) recently reminded employers that effective December 18, 2015, H-2B workers identified as “returning workers” are exempt from the fiscal year (FY) 2016 annual H-2B cap of 66,000 visas. USCIS urges H-2B employers to identify returning workers when filing petitions.

A returning worker is defined as an H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015. USCIS noted that this means:

• In general, if the employer submits a petition requesting an employment start date in FY 2016 (from October 1, 2015, through September 30, 2016) for an
  H-2B worker, the H-2B worker can only be considered a returning worker if he or she had been previously issued an H-2B visa or provided H-2B status between October 1, 2012, and September 30, 2015.
• If the prospective worker is in the United States in H-2B status, and is seeking to extend his or her stay, change employers, or change the terms and conditions of employment, then the worker would not be counted toward the H-2B cap and the employer would not need to request classification of the person as a returning worker.
• Any prospective H-2B worker who does not qualify as a returning worker will be subject to the FY 2016 H-2B cap unless he or she has previously been counted toward the H-2B cap or is cap-exempt.

USCIS noted that under the Consolidated Appropriations Act of 2016, the returning worker program only applies to petitions pending or approved on or after December 18, 2015, requesting named H-2B workers with an employment start date beginning in FY 2016.

Filing Requirements

In addition to the current rules regarding the filing and processing of Form I-129, Petition for a Nonimmigrant Worker, the following additional requirements apply for H-2B returning workers, USCIS said:

• Certification: In the petition, the employer must complete and include the H-2B Returning Worker Certification, which must be signed by the same person who signed Part 7 of the I-129. The certification states: “As a supplement to the certification made on the attached Form I-129, Petition for a Nonimmigrant Worker, I further certify that the workers listed below have been issued an H-2B visa or changed to H-2B status during one of the last three (3) fiscal years.”
• Named workers: The H-2B Returning Worker Certification must include the full name of the returning worker. If the returning worker is in the United States and the employer is petitioning to change his or her status to H-2B, it may be in in the employer’s interest to include evidence of previous H-2B admissions, such as a copy of the worker’s visa, to prevent processing delays.
• Multiple workers: A single petition may be filed on behalf of more than one worker. However, any returning workers must be listed on the H-2B Returning Worker Certification. For multiple named workers, “Attachment 1” to the I-129 (pages 35 and 36) must also be completed, and USCIS recommends that employers file petitions for returning workers separately from petitions for new
  H-2B workers.

• If the petition is approved: The U.S. Consulate may deny visas, or a U.S. Customs and Border Protection (CBP) port inspector may refuse admission, if workers cannot be confirmed as returning workers, or are otherwise ineligible for admission or visa issuance. USCIS said the Departments of Homeland Security and State will work together to confirm that all certified returning workers qualify for the program.

Petitioners: An employer may request to designate H-2B workers as returning workers if the employer named beneficiaries who meet the definition of returning workers on an H-2B petition that was pending or approved on or after December 18, 2015, but did not include the required certification. In such cases, the employer should submit by March 4, 2016, the H-2B Returning Worker Certification with a copy of the Form I-797 receipt notice to the address where the employer filed the petition. The employer should write “Attn: H-2B Supervisor” on the envelope. This certification must meet the signature and named worker requirements listed above.

Each petition must include a temporary labor certification (TLC) from the Department of Labor (DOL). The process for TLCs is described on the DOL website. USCIS will accept a copy of the TLC in cases where the original TLC has previously been accepted by USCIS.

USCIS ANNOUNCEMENT

I-129 FORM

H-2B Returning Worker Certification

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3. State Dept. Estimates Visa Number Availability in the Coming Months

The Department of State’s Visa Bulletin for March 2016 includes estimates of visa number availability (potential monthly movement) in the coming months. Estimates for the employment-based categories include:

Employment First: Current

Employment Second:

Worldwide: Current

China: Up to five months

India: Up to three months

Employment Third:

Worldwide: The rapid forward movement of this cut-off date during the past 10 months should generate a significant amount of demand for numbers. When such demand begins to materialize, it will be necessary to limit movement of this cut-off date.

China: Up to five months

India: Up to one month

Mexico: Will remain at the Worldwide date

Philippines: Up to four months

Employment Fourth: Current for most countries

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

China-mainland born: Slow forward movement

The above projections for the employment categories indicate what is likely to happen on a monthly basis through June based on current applicant demand patterns, the Visa Bulletin explains. Recent trends in cut-off date movements are not guaranteed for the future, and it is possible that “corrective” action may be required to maintain number use within the applicable annual limits. The Visa Bulletin notes that determinations of the actual monthly cut-off dates are subject to fluctuations in applicant demand and a number of other variables.

VISA BULLETIN FOR MARCH 2016

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4. DHS Extends TPS for Sudan

Last month, the Department of Homeland Security (DHS) announced that it was extending and redesignating temporary protected status (TPS) for South Sudan. DHS has also announced that it is extending the designation of Sudan for TPS for 18 months, from May 3, 2016, through November 2, 2017. DHS said it determined that an extension of the current designation was warranted because of the ongoing armed conflict and extraordinary and temporary conditions that prevent Sudan’s nationals from returning safely.

Current TPS Sudan beneficiaries seeking to extend their TPS status must re-register during a 60-day period that began January 25, 2016, and runs through March 25, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages 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 Sudan TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of November 2, 2017. USCIS said it recognizes that some re-registrants may not receive their new EADs until after their current work permits expire. Therefore, USCIS is automatically extending current TPS Sudan EADs bearing a May 2, 2016, expiration date for an additional 6 months. These existing EADs are now valid through November 2, 2016.

NOTICE

RELATED FEDERAL REGISTER NOTICE

ADDITIONAL INFORMATION ON HOW TO FILE

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5. New Publications and Items of Interest

The latest E-Verify webinar schedule from USCIS is available HERE.

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

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6. ABIL Member/Firm News

Several ABIL members or members of ABIL firms are featured in new videos and training sessions from the Alliance of Business Immigration Lawyers. The videos include:

• Stephen Yale-Loehr —EB-5 Immigrant Visa Category
• David Fullmer, Vince Lau, Lois Magee, Mi-Rang Yoon—Training Visas

Steven Garfinkel has published an article, “Corporate Immigration Policies: A Survey”

Ronald Klasko and Dan Lundy of Klasko Immigration Law Partners received awards for their expertise and leadership in the EB-5 industry during the Third Annual Las Vegas EB-5 Conference sponsored by EB5 Investors Magazine. Mr. Klasko was recognized as the “thought leader” in EB-5, and Mr. Lundy was recognized as the “go to” attorney for complex EB-5 legal matters. Featuring keynote speaker Congressman Jared Polis (D-CO) and the first-ever migration agent training workshop, the conference welcomed 800 regional centers, attorneys, and EB-5 program stakeholders.

Mr. Klasko was recently interviewed on the expiration of the present regional center program and changes that are likely to occur in the EB-5 program, published in “It may get harder for rich Chinese to buy green cards,” CNNMoney.

Charles Kuck was featured in a podcast on growing an immigration law firm, “Charles Kuck: The Power of Serving in a National Association.”

Mr. Kuck was quoted in International Business Times in “Immigration Reform 2016: Do Federal Raids Need Warrants? Undocumented Immigrants Denied Civil Rights, Advocates Say,” published on January 28, 2016. Mr. Kuck said, “It just doesn’t seem right to send back women and children who were truly fleeing for their lives, especially since the Obama administration rigged the system against these people. You are enforcing the law, but you are doing it at the consequence of human rights.”

Robert Loughran was quoted in the Dallas Morning News on Texas’ efforts to halt placement of Syrian refugees. Mr. Loughran offered his expertise on the merits of the case and reasons why the state withdrew its request for a temporary restraining order.

Cyrus Mehta has co-authored a new blog entry. “The H-1B and L-1 Punitive Super Fee Rears Its Ugly Head Again.” Mr. Mehta has also authored a new blog entry. “A Trap For The Unwary: Equivalent Degrees and Alternate Requirements in Labor Certification Applications.”

Bernard Wolfsdorf, Mr. Klasko, and Mr. Yale-Loehr will speak on various EB-5 issues at the sixth annual Invest in America Summit in Shanghai, Beijing, and Shenzhen, China, between March 12 and 19, 2016. For more details or to register.

Mr. Yale-Loehr will speak at an EB-5 seminar offered by iGlobal Forum at the Pierre Hotel in New York City on Wednesday, February 24, 2016. For more details or to register.

Mr. Yale-Loehr will speak on advanced asylum issues at a conference sponsored by the New England chapter of the American Immigration Lawyers Association on Friday, March 4, 2016, at the Federal Reserve Bank building in Boston, Massachusetts. For more details or to register.

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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:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. House Holds Oversight Hearings on USCIS, EOIR -Leon Rodriguez, USCIS Director, testified at the USCIS hearing. Juan Osuna, EOIR Director, testified at the EOIR hearing.

2. Visa Bulletin Notes Statistics on Applicants in Limited Immigrant Categories for Consular Processing -The Department of State’s Visa Bulletin for February 2016 notes that the National Visa Center has provided totals of applicants registered in the various numerically limited immigrant categories for processing at consular posts as of November 1, 2015.

3. USCIS Issues Reminder About Immigration Relief Measures for Victims of Severe Weather -USCIS issued a reminder about immigration relief measures “that may help people affected by unforeseen circumstances, such as the recent severe weather and flooding in areas of the Southern and Midwestern United States.”

4. USCIS Updates Request for Premium Processing Service Form -The new edition is dated 12/11/15. The 01/29/15 version will also still be accepted.

5. DHS Secretary Releases Statement on Southwest Border Security in Light of Removals -As part of recent operations, DHS Secretary Johnson said, 121 individuals were taken into custody, primarily from Georgia, Texas, and North Carolina, and they are now in the process of being removed from the United States and repatriated.

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

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

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Details:

1. House Holds Oversight Hearings on USCIS, EOIR

The U.S. House of Representatives’ Judiciary Committee held oversight hearings in December 2015 on U.S. Citizenship and Immigration Services (USCIS) and on the Executive Office for Immigration Review (EOIR). Leon Rodriguez, USCIS Director, testified at the USCIS hearing. Juan Osuna, EOIR Director, testified at the EOIR hearing.

At the USCIS oversight hearing, Mr. Rodriguez noted that his agency’s priorities include, in addition to safety and security issues, implementing the executive actions on immigration announced in November 2014. Those include reducing unauthorized immigration at the border; prioritizing removal of the most dangerous; improving the legal immigration system for families, employers, students, entrepreneurs and workers; and, on a case-by-case basis, considering for deferred action certain undocumented immigrants under two initiatives—Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), and expanding the population of individuals eligible for Deferred Action for Childhood Arrivals (DACA). Mr. Rodriguez noted that while DAPA and expanded DACA are on hold pursuant to a court injunction, USCIS and its partners in the Department of Homeland Security (DHS) and other departments have been working to implement the other parts of the executive actions. Mr. Rodriguez said that other top priorities were effective management of the Refugee Admissions Program, continuing modernization of USCIS business and applicant interaction processes and service, anti-fraud and national security screening, and other efforts.

At the EOIR oversight hearing, Mr. Osuna noted that previous budget cuts led to backlogs of more than 457,000 immigration cases across the United States as of the end of fiscal year (FY) 2015, which was exacerbated by the 2014 influx of border-crossers. Mr. Osuna said a number of new immigration judges are being hired to deal with the backlogs, as a result of new appropriations. Among other things, he also mentioned the installation of new video equipment that allows immigration judges to hear some cases remotely.

Mr. Osuna said that after taking into account attrition through the end of FY 2015, EOIR has increased the total number of immigration judges for the first time since FY 2011, and aggressive hiring efforts continue. He noted that a total of 23 new immigration judges have entered on duty since November 2014, and that as of November 15, 2015, the Attorney General had selected another 25 new judges, who are now going through the required background and security checks before they can start hearing cases. Another two dozen immigration judge candidates, he noted, are going through the final stages of the hiring process. Mr. Osuna said that all of these new judges “will greatly assist in reducing the pending caseload when they arrive in immigration courts over the coming months.”

MR. RODRIGUEZ’S TESIMONY FROM THE USCIS HEARING

VIDEO OF FULL HEARING, including questions and answers

MR. OSUNA’S TESTIMONY

VIDEO OF FULL HEARING, including questions and answers

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2. Visa Bulletin Notes Statistics on Applicants in Limited Immigrant Categories for Consular Processing

The Department of State’s Visa Bulletin for February 2016 notes that the National Visa Center (NVC) has provided totals of applicants registered in the various numerically limited immigrant categories for processing at consular posts as of November 1, 2015.

In October, the Department of State asked the NVC at Portsmouth, New Hampshire, to report the totals of applicants on waiting lists in the various numerically limited immigrant categories. Applications for adjustment of status under INA § 245 pending at U.S. Citizenship and Immigration Services (USCIS) offices are not included in the tabulation of this immigrant waiting list data. As such, these figures only reflect petitions the Department of State has received, and do not include the significant number of applications held at USCIS offices.

VISA BULLETIN FOR FEBRUARY 2016

REPORT

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3. USCIS Issues Reminder About Immigration Relief Measures for Victims of Severe Weather

USCIS issued a reminder on December 31, 2015, about immigration relief measures “that may help people affected by unforeseen circumstances, such as the recent severe weather and flooding in areas of the Southern and Midwestern United States.”

USCIS said these 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
• Replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card)
• Rescheduling of a biometrics appointment

USCIS said that when making a request, the affected individual should explain how the severe weather created a need for the requested relief.

MORE INFORMATION

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4. USCIS Updates Request for Premium Processing Service Form

U.S. Citizenship and Immigration Services (USCIS) has posted an update to Form I-907, Request for Premium Processing Service. The new edition is dated 12/11/15. The 01/29/15 version will also still be accepted.

Employers may use the I-907 to request faster processing of certain employment-based petitions and applications. Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Worker, have been designated for premium processing service, for example. Not all designated classifications within these forms are eligible, however, and the R-1 classification is only eligible after a successful onsite inspection at the place of employment.

I-907 FORM

USCIS’s FORMS UPDATES PAGE

MORE INFORMATION on categories eligible for premium processing

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5. DHS Secretary Releases Statement on Southwest Border Security in Light of Removals

Department of Homeland Security (DHS) Secretary Jeh Johnson released a statement on January 4, 2016, on southwest border security, in light of stepped-up removal operations underway.

Secretary Johnson noted that in the spring and summer of 2014, a significant spike occurred in families and unaccompanied children from Central America attempting to cross the U.S. southern border without authorization. In response, he noted, DHS took a number of actions in collaboration with the governments of Mexico, Guatemala, Honduras, and El Salvador, and the numbers declined dramatically. In FY 2015, he said, the number of apprehensions by U.S. Border Patrol of those attempting to cross the southern border without authorization decreased to 331,333. With the exception of one year, this was the lowest number of apprehensions on the southern border since 1972, he noted. In recent months, however, the rate of apprehensions on the southern border has begun to climb again, he said.

Secretary Johnson noted that the focus of the recent weekend’s “operations” were adults and their children who (i) were apprehended after May 1, 2014, crossing the southern border illegally, (ii) have been issued final orders of removal by an immigration court, and (iii) have exhausted appropriate legal remedies, and have no outstanding appeal or claim for asylum or other humanitarian relief under U.S. laws. As part of these operations, he said, 121 individuals were taken into custody, primarily from Georgia, Texas, and North Carolina, and they are now in the process of being removed from the United States and repatriated. Most of these families are first being transported to one of ICE’s family residential centers for temporary processing before being issued travel documents and boarding a return flight to their home countries.

He said a number of precautions were taken as part of these operations. Among other things, ICE “exercised prosecutorial discretion in a number of cases for health or other personal reasons,” he noted.

Various individuals and groups have criticized the controversial removal operations, including the Congressional Hispanic Caucus. Chairwoman Linda Sanchez (D-Cal.) said, “Our federal government should not be separating parents from their children. As the mother of a young son, it’s easy for me to imagine how traumatizing having ICE agents storm someone’s home and tearing families apart can be for a young child. Invading homes is inhumane and adds to the trauma of these families fleeing violence and oppression.” And Rep. Luis Gutierrez (D-Ill.) said, “We hear that children are not going to school and parents are not going to work out of fear. Not even a week into the New Year and 2016 has turned into one of fear and hiding. But let us be very clear. Deporting families will not resolve the violence and corruption that push people from El Salvador, Guatemala, and Honduras to risk assault, rape, and murder to seek refuge in the United States.”

Presidential candidate Hillary Clinton said she “believes we should not be conducting large-scale raids and roundups that sow fear and division in our communities.” On the Republican side, however, candidate Donald Trump took credit for the Obama administration’s decision to conduct the raids.

On January 15, 2016, protesters came to the White House. A group of Central American organizations posted a statement against the “inhumane” raids. The Guatemalan Foreign Relations Ministry released a list of steps in Spanish for migrants in the United States who encounter U.S. immigration officials, and the Guatemalan and Salvadoran governments released statements against the raids. The Honduran government, however, reportedly did not join in the protests.

There have been business ramifications too, as people across the country stay inside due to fears and perceptions of random targeting. According to news reports, for example, shop owners in Wheaton, Maryland, have complained that it has become difficult to cover rent and other bills because many fewer Latinos are out shopping. One owner of a popular Mexican-Salvadoran restaurant said that normally she sees around 300 customers per day but now she is only getting about 20. “Customers were telling me that the rumor was, ‘Don’t come to Wheaton. ICE is in the neighborhood,” she said. Another shop owner said that his business income has dropped by 50 to 60 percent since the beginning of 2016.

Montgomery County, Maryland, which includes Wheaton, said that local police will not cooperate with the raids. Montgomery County Executive Isiah Leggett called the raids “ill-founded and counter-productive.” County leaders expressed concerns that people are staying home from work and school, and are afraid to call the police when a crime is committed. On the other side, Corey Stewart, the board chair of Prince William County, Virginia, who is the leader of Mr. Trump’s campaign in Virginia, said, “I’m going to do the very best that I can to encourage illegal aliens who want to commit crimes to leave Prince William County, in fact to leave Virginia all together, [and] go up to Maryland, because you’re welcome up there.”

SECRETARY JOHNSON’S STATEMENT

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6. New Publications and Items of Interest

The January E-Verify webinar schedule from USCIS is available HERE.

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

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7. ABIL Member/Firm News

Several ABIL members will speak at the 2016 EB-5 Seminar, sponsored by the Los Angeles County Bar Association. The panel will speak on “EB-5 Securities Law Hot Topics,” including recent SEC enforcement developments against attorneys, regional centers, and project principals; best securities law practices; and forecasting securities law provisions of future EB-5 integrity legislation. Speakers will include:

• Mark Ivener
• Ronald Klasko
• Charles Kuck
• Robert Loughran
• Angelo Paparelli and Gregory White of Seyfarth Shaw
• Bernard Wolfsdorf

Mr. Klasko has authored several new blog entries. “Winning the Numbers Game” “EB-5 Legislation: Retrospective and Prospective” “Does December 11 Matter?”

Mr. Klasko was recently interviewed on the expiration of the present regional center program and changes that are likely to occur in the EB-5 program, published in “It may get harder for rich Chinese to buy green cards,” CNNMoney.

Charles Kuck was quoted in “ICE Arrests 121 in Crackdown on Central Americans,” published on January 4, 2016, in the Atlanta Journal-Constitution. Mr. Kuck noted, “It just doesn’t seem right to send back women and children who were truly fleeing for their lives, especially since the Obama administration rigged the system against these people. You are enforcing the law, but you are doing it at the consequence of human rights.”

Mr. Kuck was quoted in “U.S. Begins Immigration Crackdown on Central Americans” published in the Wall Street Journal on January 3, 2016.

Robert Loughran was quoted in the Dallas Morning News on Texas’ efforts to halt placement of Syrian refugees. Mr. Loughran offered his expertise on the merits of the case and reasons why the state withdrew its request for a temporary restraining order.

Mr. Loughran‘s article, “How Companies Can Staff Projects In Iraq,” was published in the Texas Lawyer on November 14, 2015.

Cyrus Mehta has published a new blog entry. “Including Early Adjustment Filing in Proposed DHS Rule Impacting High-Skilled Workers Would Give Big Boost To Delayed Green Card Applicants”

Cyrus D. Mehta & Partners, PLLC, announced that David A. Isaacson and Cora-Ann V. Pestaina have become partners in the firm. Mr. Isaacson’s practice includes family- and employment-based applications for nonimmigrant visas and permanent residence, as well as waivers, naturalization and citizenship matters, asylum cases, other removal proceedings such as those stemming from criminal convictions or denied applications for adjustment of status, and federal appellate litigation. Ms. Pestaina represents large global corporate clients, emerging growth companies, and individuals in a wide range of industries including information technology, finance, management consulting, pharmaceuticals, health care, and design. She also represents individuals in family-based applications and naturalization. Ms. Pestaina has extensive experience in representing employers in PERM labor certification matters and regularly counsels clients regarding temporary employment-based nonimmigrant visas and permanent residence sponsorship for their foreign national employees. She also represents artists and investors, including EB-5 investors.

Bernard Wolfsdorf of Wolfsdorf Rosenthal LLP presented two workshops at Stanford University on January 12, 2016, on “Visa Options for Students (in Lieu of the Elusive H-1B).”

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Headlines:

1. House Votes for Stricter Visa Waiver Program Following Terror Concerns; Obama Announces Changes -Following recent terror attacks in Paris, France, and San Bernardino, California, the U.S. House of Representatives voted to tighten restrictions on travelers under the VWP. Also, President Barack Obama announced new security measures for the VWP, including gathering more information from travelers about visits to Syria and Iraq.

2. Obama Orders Review of K-1 Fiancé(e) Visa Program Following California Attack -President Barack Obama has ordered a review of the K-1 fiancé(e) visa program in response to terrorism concerns following the mass shooting in San Bernardino, California.

3. USCIS Reminds EB-5 Regional Centers To File FY 2015 I-924A By Dec. 29 -Regional centers must submit the I-924A every year to demonstrate continued eligibility for the regional center designation.

4. BALCA Holds That Institutions of Higher Education Need Not Include Other Types of Entities in Wage Surveys -In Matter of University of Michigan, the BALCA ruled in favor of an employer that argued its wage survey of institutions of higher education was sufficient in determining the prevailing wage for a Senior Associate Regulatory Analyst.

5. Users Report Problems With New 9 FAM-e -Among other things, users report that the crosswalked citations for the new 9 FAM-e in some cases do not correspond appropriately to sections in the legacy 9 FAM.

6. Deadline for Nepal TPS Registration is December 21 -The TPS designation for Nepal runs from June 24, 2015, through December 24, 2016.

7. Two Visa Categories Have Expired -The non-minister special immigrant program and the immigrant investor pilot program have expired. It is uncertain when Congress may take action to extend these programs.

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

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Details:

1. House Votes for Stricter Visa Waiver Program Following Terror Concerns; Obama Announces Changes

Following recent terror attacks in Paris, France, and San Bernardino, California, the U.S. House of Representatives voted on December 8, 2015, to tighten restrictions on travelers under the Visa Waiver Program (VWP). The VWP allows people from 38 countries to enter the United States for up to 90 days without obtaining a visa. The bill passed 407 to 19. The bill would require visitors to obtain a visa if they traveled to Syria, Iraq, Iran, or Sudan during the past five years, and would increase information-sharing among the United States and other participating VWP countries, among other things. The Senate has not yet voted on the legislation.

Also, President Barack Obama announced new security measures for the VWP, including gathering more information from travelers about visits to Syria and Iraq. The administration is also considering pilot programs for collecting biometric information from VWP travelers, and is urging Congress to allow an increase in fines against air carriers that do not properly verify passport data and to require all travelers to use passports that include security chips. These measures come amid pressure separately from many U.S. governors against allowing in an additional 10,000 Syrian refugees.

The U.S. Travel Association, which supports the House-passed measure, noted that the VWP facilitates international travel to the United States, generating billions of dollars in economic output and supporting U.S. jobs. International travelers stay longer and spend more while here, the association noted, with an average of 18 nights and nearly $4,400 per person per trip. For every 35 overseas travelers who decide to visit the United States, an additional U.S. job is created, the association reported. In 2014, more than 20.4 million travelers arrived through the VWP (59% of overseas visitors), generating $190 billion in economic output and supporting nearly one million jobs. “This is why, largely as a result of the VWP, travel is our nation’s number one services export, generating a trade surplus of $74 billion in 2014,” the association said.

See https://vwp.ustravel.org/ for more information, including a chart showing differences between nonimmigrant visas and the VWP in eligibility requirements, the application process, pre-arrival procedures, and port of entry requirements.

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2. Obama Orders Review of K-1 Fiancé(e) Visa Program Following California Attack

President Barack Obama has ordered a review of the K-1 fiancé(e) visa program in response to terrorism concerns following the mass shooting in San Bernardino, California, that killed 14 people and injured many others on December 2, 2015. A husband-and-wife team launched the attack following the wife’s admission to the United States several years ago as a K-1 fiancée. President Obama said he ordered the Departments of State and Homeland Security to review the program.

Recent reports have noted, among other things, that security checks on the wife, Tashfeen Malik, for admission to the United States on a K-1 visa failed to uncover her support on social media of violent jihad and her statements that she wanted to participate in it. Social media is not routinely reviewed as part of Homeland Security checks. How such reviews of social media postings could occur, and whether they are appropriate, is reportedly a topic of debate within the U.S. government.

Approximately 35,925 people entered the United States in fiscal year 2014 on fiancé(e) visas.

STATISTICS ON FY 2014 NONIMMIRANT VISAS ISSUED BY COUNTY AND TYPE OF VISA

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3. USCIS Reminds EB-5 Regional Centers To File FY 2015 I-924A By Dec. 29

USCIS Reminds EB-5 Regional Centers To File FY 2015 I-924A By Dec. 29

U.S. Citizenship and Immigration Services (USCIS) recently reminded all approved EB-5 regional centers with a designation letter dated on or before September 30, 2015, that they must file Form I-924A, Supplement to Form I-924, for fiscal year 2015 by December 29, 2015.

Regional centers must submit the I-924A every year to demonstrate continued eligibility for the regional center designation. Regional centers may be terminated for failure to file this form or provide USCIS with required information, or for failure to promote economic growth. A regional center that has been terminated from the EB-5 program may not solicit, generate, or promote investors or investments, or otherwise participate as a designated regional center in connection with the Immigrant Investor Program.

There is no filing fee for the I-924A.

FORM I-924A

ANNOUNCEMENT

FILING TIPS

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4. BALCA Holds That Institutions of Higher Education Need Not Include Other Types of Entities in Wage Surveys

In Matter of University of Michigan, 2015-PWD-00006 (Nov. 18, 2015), the  Department of Labor’s Board of Alien Labor Certification Appeals (BALCA) ruled in favor of an employer, the University of Michigan, that argued its wage survey of institutions of higher education was sufficient in determining the prevailing wage for a Senior Associate Regulatory Analyst. The Center Director (CD) had required that other types of entities be included in the employer’s wage survey, but the employer noted, among other things, that it had no obligation to provide such a survey.

The BALCA observed that the regulation at 20 CFR § 656.40(e) states that in computing the prevailing wage for an employee of an institution of higher education, or an affiliated or related nonprofit entity, a nonprofit research organization, or a governmental research organization, the prevailing wage level takes into account the wage levels of employees only at such institutions and organizations in the area of intended employment. This regulation was based on § 415 of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA).

Under the regulations, the BALCA noted, an ACWIA wage for an institution of higher education may sample only other institutions of higher education. “The CD’s insistence that the Employer provide a survey that sampled each type of ACWIA entity is inconsistent with the Department’s interpretation of the regulation and therefore constitutes an abuse of discretion,” the BALCA held. The BALCA overruled the CD and remanded the case to the CD for further processing consistent with the BALCA’s order.

DECISION

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5. Users Report Problems With New 9 FAM-e

Some users are reporting problems with the new 9 FAM-e, which replaced the legacy Volume 9 of the Foreign Affairs Manual (9 FAM) on November 18, 2015, and is the “authoritative source for visa guidance,” according to the Department of State’s (DOS) December 2015 Visa Bulletin.

DOS developed crosswalk tables correlating old citations with new, so that users could match new 9 FAM-e sections with former locations in the legacy 9 FAM. Users report, however, that the citations in some cases do not correspond appropriately. Also, some of the 9 FAM-e sections listed in the crosswalk do not yet show up in the online 9 FAM-e and are listed as “unavailable.” The legacy 9 FAM is no longer available online. There are also concerns about the cross-references disappearing over time. Users are raising these concerns with DOS.

The announcement is in section F of the December 2015 Visa Bulletin

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6. Deadline for Nepal TPS Registration is December 21

U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the deadline for eligible nationals of Nepal (and people without nationality who last habitually resided in Nepal) to register for temporary protected status (TPS) is Monday, December 21, 2015. This deadline marks the end of the 180-day initial registration period. The TPS designation for Nepal runs from June 24, 2015, through December 24, 2016.

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

To register for TPS, applicants must submit:

• Form I-821, Application for Temporary Protected Status;
• Form I-821 application fee (or a fee-waiver request);
• Biometric services fee (or a fee-waiver request) if 14 years of age or older;
• Form I-765, Application for Employment Authorization, regardless of whether an Employment Authorization Document (EAD) is desired; and
• The Form I-765 application fee (or a fee-waiver request), but only if the applicant wants an EAD. If he or she does not want an EAD, no application fee is required. There is no I-765 fee for initial applicants under the age of 14 or over 65; these applicants may receive their initial EAD cards for free.

Those who cannot pay the fee may request a fee waiver on Form I-912, and submit supporting documentation.

For more information about the designation of Nepal for TPS—including guidance on eligibility, the application process, and where to file.

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7. Two Visa Categories Have Expired

The Department of State’s Visa Bulletin for the month of January 2016 notes that the non-minister special immigrant program (SR visa, employment fourth preference) expired on December 11, 2015. No SR visas may be issued overseas or related final action taken on adjustment of status cases. Visas issued before this date are only issued with a validity date of December 10, 2015, and all individuals seeking admission as non-minister special immigrants must have been admitted into the U.S. by midnight December 10, 2015.

The immigrant investor pilot program (employment fifth preference categories I5 and R5) was extended through December 11, 2015. I5 and R5 visas were issued until the close of business on December 11, 2015, for the full validity period. No I5 or R5 visas may now be issued overseas or related final action taken on adjustment of status cases.

The cut-off dates for the categories mentioned above are “Unavailable” for January. Congress is considering an extension of the SR, I5, and R5 visa categories, but the Department of State notes that it is unclear when such legislative action may occur. If there is legislative action extending any of these categories for fiscal year 2016, those cut-off dates would immediately become “Current” for January for all countries except China-mainland born I5 and R5 categories, which would be subject to a January 8, 2014, cut-off date.

VISA BULLETIN FOR JANUARY 2016

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8. New Publications and Items of Interest

New Smithsonian digital exhibit on H-1B immigration stories. The Smithsonian Asian Pacific American Center has launched a new digital art exhibition to celebrate the 25th anniversary of the H-1B visa. A spin-off from the Smithsonian’s “Beyond Bollywood” exhibition, “H-1B” consists of artwork from 17 South Asian American and Asian-American artists that explore America’s immigration story using the H-1B employment visa as inspiration. A news article about the exhibition. ONLINE EXHIBIT. People can share their H-1B stories using the hashtag #MyH1Bstory.

Revised E-Verify Employee Rights Toolkit. USCIS has revised the E-Verify Employee Rights Toolkit for workers, job-seekers, employers, and workforce organizations.

USCIS launches virtual assistant. USCIS has launched a virtual assistant named Emma that allows users to quickly find information. Emma answers questions in plain English and navigates users to relevant USCIS web pages. She is named after Emma Lazarus, whose words are inscribed at the base of the Statue of Liberty. USCIS noted that although Emma can answer many questions commonly asked, her knowledge base is still growing. As people ask more questions, Emma gets smarter and can better answer future questions. Emma can be accessed on a desktop or laptop computer. Soon, Emma will be expanded to mobile devices. Spanish-language capabilities will be arriving early next year.

To ask Emma a question, go to USCIS and click on “Ask a Question” in the upper right corner.

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

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9. ABIL Member/Firm News

The following ABIL member firms were named Best Law Firms by U.S. News & World Report:

• Chin & Curtis, LLP (National: Tier 2; Regional: Tier 1, Boston)
• Clark Lau, LLC (National: Tier 2; Regional: Tier 1, Boston)
• Fakhoury Law Group, PC (National: Tier 3; Regional: Tier 3, Troy)
• Foster, LLP (National: Tier 2; Regional: Tier 1, Austin and Houston)
• Fredrikson & Byron, PA (National: Tier 2; Regional: Tier 1, Boston)
• Garfinkel Immigration Law Firm (National: Tier 1; Regional: Tier 1, Charlotte)
• Ivener & Fullmer, LLP (National: Tier 2; Regional: Tier 1, Los Angeles)
• Klasko Immigration and Nationality Law, LLP (National: Tier 2; Regional: Tier 1, Philadelphia)
• Kuck Immigration Partners, LLC (National: Tier 1; Regional: Tier 1, Atlanta)
• Maggio & Kattar, PC (National: Tier 1; Regional: Tier 1, Washington, DC, and Tier 2, San Diego) (named immigration law firm of the year for 2016)
• Masuda, Funai, Eifert & Mitchell, Ltd. (National: Tier 2; Regional: Tier 1, Chicago)
• Mehlman Barnes, LLP (National: Tier 2; Regional: Tier 2, San Diego)
• Cyrus D. Mehta & Associates, PLLC (National: Tier 1; Regional: Tier 1, New York City)
• Pearl Law Group (National: Tier 3; Regional: Tier 3, San Francisco)
• Serotte Reich & Wilson (National: Tier 1; Regional: Tier 1, Buffalo)
• Seyfarth Shaw, LLP (National: Tier 1; Regional: Tier 2, Los Angeles)
• Siskind Susser, PC (National: Tier 1; Regional: Tier 1, Memphis)
• Wolfsdorf Rosenthal, LLP (National: Tier 2; Regional: Tier 1, Los Angeles)

Vincent Lau was named to Who’s Who 2016 of Corporate Immigration Lawyers.

Charles Kuck has authored several new blog entries. “How To Stop Illegal Immigration” “The U Visa for Crime Victims—A Major Backlog Has Arisen”

Robert Loughran was quoted in “State of Texas Pulls Request for Temporary Halt of Syrian Refugees, But Wants Hearing,” published by the Dallas Morning News on December 4, 2015. Mr. Loughran offered his expertise on the merits of the case and reasons why Texas withdrew its request for a temporary restraining order.

Cyrus Mehta has authored several new blog entries. “San Bernardino Attacks Fallout: Will It Get Harder For Americans To Marry Foreign Spouses Overseas?” “Winter Blues: Freezing the Age of the Child Under the December 2015 Visa Bulletin” “Proposed USCIS Guidance on Job Portability: Good, Bad or Ugly?”

Bernard Wolfsdorf will lead a panel, New Developments, at the 2016 Las Vegas EB-5 Conference on January 16, 2016, at the Bellagio Hotel. The conference offers U.S. and Chinese EB-5 stakeholders an opportunity to build business connections and learn about the immigrant investor visa program. Mention Wolfsdorf Rosenthal LLP and get a $150 discount. REGISTRATION

Stephen Yale-Loehr was quoted by the New York Times in “Donald Trump Calls for Barring Muslims From Entering U.S.” on December 7, 2015. He noted that putting Mr. Trump’s policy into practice would require an unlikely act of Congress. Should Congress enact such a law, “[i]t would certainly be challenged as unconstitutional. And I predict the Supreme Court would strike it down,” he said.

Mr. Yale-Loehr spoke on December 8, 2015, at a Migration Policy Institute event in Washington, DC, “Twenty-Five Years Later: Reflecting on the Immigration Act of 1990.” The panel discussion was taped.

Mr. Yale-Loehr was quoted in an Associated Press story about the legality of Republican presidential candidate Donald Trump’s plan to ban all Muslim immigrants from the United States. The story was picked up by more than 100 news outlets around the United States and the world. One example is Yahoo News.

Mr. Yale-Loehr was also interviewed or quoted in the following:

• PBS News Hour (EB-5)
• U.S. News and World Report
• CBS news.com
• PBS News Hour (EB-5)
• Bureau of National Affairs, “Foreign Outsourcing Is Unexpected Immigration Act Outcome” (available by subscription)

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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:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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