Immigration resource news magazine for United states of america» EAD

EAD for Humanitarian Parolee

Tiyalaw — Wed, 21 Aug 2019 00:03:18 +0000

EAD for Humanitarian Parolee

Certain foreign national who are paroled into the U.S. for urgent humanitarian reasons or significant public benefit may be eligible to apply for discretionary employment authorization with the U.S. Citizenship and Immigration Services (USCIS). USCIS will consider such employment authorization, on a case-by=case basis and based on the totality of the circumstances of each case.

For additional information, please visit USCIS website at: https://www.uscis.gov/news/news-releases/uscis-issues-guidance-discretionary-employment-authorization-parolees

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-822four & info at tiyaimmigration dot com; Tel (from abroad): 001-7037728224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals, and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; various green cards; N-400 Naturalization; various waivers; Hs; L executive, manager and specialized knowledge professionals; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center; USCIS Request for Evidence (RFE); work permit, marriage cases, family immigration, employment immigration, and much more.

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H-1B Cap Petitions: Cap-Gap F-1 Status or F-1 Work Authorization is Valid Till September 30, 2018

Tiyalaw — Sat, 29 Sep 2018 02:56:43 +0000

H-1B Cap Petitions: Cap-Gap F-1 Status or F-1 Work Authorization is Valid Till September 30, 2018

Immigration law provides that certain F-1 students with pending or approved cap-subject H-1B Petitions that have been timely field for the Fiscal Year (FY) 2019 for change-of-status for an October 1, 2018 H-1B start-date will have their F-1 status or F-1 work authorization automatically extended during the cap-gap period (unless the F-1 status/work authorization is otherwise terminated).

Cap-gap is the gap period between the expiration of an F-1 status or F-1 work authorization until September 30, 2018. Cap-gap doesn’t apply if such H-1B Petition is rejected or denied before October 1, 2018.

Cap-gap extension of an F-1 work authorization terminates automatically on October 1 2018. Any F-1 cap-gap beneficiaries whose H-1B Petitions are still pending would no longer be eligible to work starting October 1, 2018 and will accrue unlawful presence if they continue working. However, they may wait in the U.S. (unless there is an immigration violation such as unauthorized employment). However, pending change-of-status H-1B beneficiaries whose F-1 work authorization remains valid independently (not pursuant to cap-gap; i.e. I-765 card that is valid beyond September 30, 2018) may continue working.

At this time, premium processing for certain H-1B Petitions including H-1B Petitions subject to FY 2019 Visa Cap are temporary suspended until February 19, 2019.

For additional information, please visit:

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

September 28, 2018

Direct dial from abroad: 001-703-7728224

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Still Waiting for Green Card, Work Permit or Travel Document in the Mail? USCIS Will Destroy Them After 60 Days When Returned Undelivered

Tiyalaw — Wed, 04 Apr 2018 02:27:11 +0000

Still Waiting for Green Card, Work Permit or Travel Document in the Mail? USCIS Will Destroy Them After 60 Days When Returned Undelivered

If a Green Card, work permit or travel document has been approved, and the document has not arrived in the mail, please note the following.

Starting April 2, 2018, USCIS will destroy Permanent Resident Cards (Green Cards), Employment Authorization Cards (Work Permits), and Travel Documents (international travels) that are returned as undelivered by the U.S. Postal Service after 60 days if Applicants haven’t contacted USCIS to provide a correct address. In general, Applicants are encouraged to report an address change within 10 days at http://uscis.gov/addresschange . USCIS National Customer Service Center (NCSC) telephone is 1-800-375-5283.

U.S. Citizenship and Immigration Services (USCIS) is a part of the U.S. Department of Homeland Security (DHS). USCIS administers the U.S. lawful immigration system.

For additional information on this matter, please visit USCIS at https://www.uscis.gov/news/alerts/undeliverable-permanent-resident-and-employment-authorization-cards-and-travel-documents-be-destroyed-after-60-days

April 3, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-822four & email to info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We focus on diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 Adjustment Applications; I-765 work permit; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; other waivers; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID), and others.

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USCIS Immigration Services for Those Affected by Hurricane Harvey

Tiyalaw — Thu, 31 Aug 2017 03:04:20 +0000

USCIS Immigration Services for Those Affected by Hurricane Harvey

On August 30, 2017, U.S. Citizenship and Immigration Services (USCIS) announces that it is offering services to help people affected by unforeseen circumstances/disasters such as Hurricane Harvey. Services are discretionary, upon request and with an explanation on how Hurricane Harvey is causing a need for such services. The services that may be available are:

* Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Non-timely extension or change of status may be excused if the delay was due to extraordinary circumstances beyond the applicant’s control;

* Re-paroling individuals previously on parole by USCIS;

* Expedited processing of advance parole;

* Expedited adjudication of requests for off-campus employment authorization based on severe economic hardship for F-1 students;

* Expedited adjudication of employment authorization applications, where applicable;

* Consideration of fee waivers due to an inability to pay;

* Assisting those with a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or respond timely;

* Assisting those who are unable to appear for a USCIS scheduled interview;

* Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and

* Rescheduling a biometrics appointment.

August 30, 2017

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: seven zero three – 772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-772-8224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and many more.

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When Can One Apply for DAPA and Expanded DACA?

Tiyalaw — Thu, 02 Jun 2016 13:00:03 +0000

When Can One Apply for DAPA and Expanded DACA?

DAPA AND EXPANDED DACA UPDATES: U.S. Supreme Court Decision on the outcome of DAPA and Expanded DACA is likely at the end of June 2016. U.S. President Barrack Obama announced important executive actions on November 20, 2014, such as DAPA and expanded DACA. The implementations of DAPA and expanded DACA have been on hold since February 2015 due to a preliminary injunction, supported by 26 states. The fate of DAPA and expanded DACA will likely be decided at the end of June 2016 when the U.S. Supreme Court renders its decision in United States v. Texas.

WHAT IS DAPA? Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must also have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants would have been able to apply for DAPA around May 19, 2015, if it was not blocked by the preliminary injunction.

WHAT IS EXPANDED DACA? The executive actions were also expanding DACA eligibility. DACA is Deferred Action for Childhood Arrivals. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those residing in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants would have been able to apply for this expanded DACA around February 18, 2015, if it was not blocked by the preliminary injunction. The U.S. Citizenship and Immigration Services (USCIS) had previously approved work permit/work authorization for 3 years for certain applications for DACA extensions.

WHEN CAN ONE APPLY FOR DAPA AND EXPANDED DACA? DAPA and expanded DACA are still on hold because it has been under litigation. Eligible applicants may still apply for the original DACA (instead of the expanded DACA). In February 2015, with the support of 25 other states, a federal District Court in Texas issued a preliminary injunction to block the implementation of DAPA and expanded DACA. After the 5^th Circuit Court of Appeals affirming the preliminary injunction, the U.S. government (President Obama) requested a U.S. Supreme Court review so that the U.S. federal government may proceed with DAPA and expanded DACA. On January 19, 2016, the U.S. Supreme Court agreed to review the case. A U.S. Supreme Court decision is likely at the end of June 2016.

The following are some possible outcomes of a U.S. Supreme Court (Court) decision:

If the Court dismisses the case because the Plaintiff states lack standing, the entire case will end, and the injunction blocking DAPA and expanded DACA will be lifted. This means the U.S. federal government can implement DAPA and expanded DACA.
The Court may reverse the 5^th Circuit Court on a critical legal issue, thereby allowing the U.S. federal government to implement DAPA and expanded DACA if it chooses to. However, the litigation on DAPA and expanded DACA may continue.
The Court may affirm the 5^th Circuit Court decision, upholding the preliminary injunction blocking DAPA and expanded DACA. This means, the U.S. federal government cannot move forward with DAPA and expanded DACA.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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Remember to Re-Register for Nicaragua TPS and EAD ASAP by July 15, 2016!

Tiyalaw — Tue, 31 May 2016 19:12:11 +0000

Remember to Re-Register for Nicaragua TPS and EAD as soon as possible no later than July 15, 2016!

The Homeland Security has extended the Temporary Protected Status (TPS) for another 18 months (from July 6, 2016 until January 5, 2018) for eligible national of Nicaragua; and for those without nationality who last habitually resided in Nicaragua.

Current temporary TPS Nicaragua beneficiaries who are interested in extending their TPS must re-register for TPS within the 60-day period between May 16, 2016 and July 15, 2016.

TPS re-registrants may also apply for Employment Authorization Document (EAD) during their TPS re-registration. The new TPS Nicaragua EAD will expire on January 5, 2018. Existing TPS Nicaragua EAD with an expiration of July 5, 2016 will be automatically extended for 6 months (January 5, 2017).

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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Affected by Earthquakes in Japan, Ecuador and Burma (aka Myanmar)? US Immigration Relief Measures for Earthquakes

Tiyalaw — Tue, 26 Apr 2016 17:20:23 +0000

Affected by Earthquakes in Japan, Ecuador and Burma (aka Myanmar)? US Immigration Relief Measures for Earthquakes

U.S. immigration is offering temporary immigration relief or measures to assist people affected by the severe earthquakes in Japan, Ecuador and Burma. The country of Burma is also known as Myanmar.

The following temporary immigration relief or measures are available upon request:

Affected people who are currently in the U.S. may apply to change or extend their nonimmigrant status, even if their filing is made after an authorized period of admission has expired.
Affected people granted parole may apply for a re-parole.
Affected applicants for advance parole documents may request for expedited processing.
Affected F-1 students experiencing severe economic hardship may request for expedited adjudication of their off-campus employment authorization.
Affected people may request for expedited adjudication of their employment authorization application.
Affected people without an ability to pay for an application fee may request for a fee-waiver consideration.
Affected people who were unable to appear for an interview or respond to the immigration, and have received a Request for Evidence or a Notice of Intent to Deny, may submit timely evidence of being affected by the above natural disaster.
Affected people with lost or damaged immigration or travel documents (e.g. green card or permanent resident card) that were issued by U.S. Citizenship and Immigration Services (USCIS) may request for a replacement if the lost and damage was not their fault.

All the above applicants must file their applications through the regular immigration process. They must include a specific request for consideration on how the above natural disaster has caused a need for the requested relief or measure.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law. Our clients are based within the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter or child of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

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Recent Reports on Lost of Expiring Original Certified PERM form ETA 9089 for Permanent Labor Certification

Tiyalaw — Sun, 15 May 2011 21:58:16 +0000

Recent Reports on Lost of Expiring Original Certified PERM form ETA 9089 for Permanent Labor Certification

Recently, there have been reports that original certified forms ETA 9089 for permanent labor certification PERM process were not received. There was also an incident where the original certified form ETA 9089 was lost after being filed with the I-140 Immigrant Petition. Lost of original certified forms ETA 9089 unnecessarily complicates and increases green card processing time for foreign nationals and their employers. For more information on the PERM process, please read the last paragraphs below.

In a situation where the original certified form ETA 9089 is unavailable, the employer-sponsors may be unaware that their forms ETA 9089 have been certified, thereby missing the crucial filing periods for their I-140 Immigrant Petitions. The applicable I-140 petition must be filed during the validity period stipulated on the certified form ETA 9089. The original certified form ETA 9089 is submitted with the I-140 petition to the U.S. Citizenship and Immigration Services (USCIS). It is also possible that the original certified form ETA 9089 is lost during the filing process of the I-140 petition after being sent off by the employer-sponsor.

Due to recent reports on missing original certified forms ETA 9089, the following steps are encouraged:

For PERM application filed electronically, please check the online case status to verify whether it has changed from “in process” to “certified.” A pdf copy of the certified ETA 9089 can also be downloaded from the PERM website.
For PERM application filed by mail, please check the status of the case by e-mailing the U.S. Department of Labor (DOL) Atlanta NPC (National Processing Center) if the case is pending at least 3 months beyond the current processing date.
Also check the iCERT portal’s latest PERM processing time at http://icert.doleta.gov/ . If the pending PERM case is more than 3 months beyond the date being processed, send an inquiry to the applicable DOL PERM center.
If original PERM approval was never received, one can submit the I-140 petition with a copy of the approval (or with other proof that it was certified, such as an e-mail from the Atlanta NPC), and ask USCIS to request a duplicate certification from DOL. Also, if the certified ETA 9089 is lost during I-140 petition processing after filing, it may be best to ask U.S. Citizenship and Immigration Services (USCIS) to request a duplicate certification from DOL by including a copy of the approval; and other proof that it was certified, such as an e-mail from the DOL.

Foreign nationals may apply for green card to live and work in the United States via several methods. The common methods of green card applications are green card lottery, employer sponsorship such as through PERM, self-petition green cards such as extraordinary ability or certain national interest waiver category, etc.

PERM is a process of permanent labor certification by the U.S. Department of Labor (DOL). PERM filing with the DOL is submitted via form ETA 9089. Some green card sponsorships by employers require the PERM process and some do not. PERM stands for Program Electronic Review Management System. PERM is a process whereby the U.S. Department of Labor determines that:

a) The employer-sponsor has adequately tested the U.S. labor market to ascertain that there are no qualified, willing, able and available U.S. workers for the green card position;

b) The job requirements of the employer-sponsor are not unduly restrictive;

c) The offered green card salary meets the DOL prevailing wage criteria;

d) The employment of the foreign national will not adversely affect the wages and conditions of U.S. workers who are similarly employed; and

e) The foreign national meet the job requirements for the green card position in compliance with the criteria promulgated by immigration law.

Once the U.S. Department of Labor approves the PERM application by certifying the form ETA 9089, the employer sponsor may then submit the I-140 Immigrant Petition during the validity of the certified PERM form ETA 9089. Depending on the criteria, the foreign national may also submit his/her I-485 Application to Adjust to Permanent Resident Status with the I-140 petition. During the I-485 stage, the foreign national can also file for the I-765, Application for Employment Authorization Document (EAD card); and I-131, Advance Parole Document (an international travel authorization).

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224; koka@tiyalaw.com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Self-Check E-Verify System for Eligible Employees and/or Job Seekers

Tiyalaw — Wed, 27 Apr 2011 20:33:48 +0000

Self-Check E-Verify System for Eligible Employees and/or Job Seekers

On March 21, 2011, the U.S. Citizenship and Immigration Services (USCIS) launched the first E-Verify Self Check, an innovative service that allows individuals in the United States to check their own employment eligibility status before they formally seek employment.

E-Verify Self Check is in addition to an employer E-Verify procedure; it does not replace the employer E-Verify procedure. The E-Verify program compares information from the Employment Eligibility Verification Form (I-9) against federal government databases to verify workers’ employment eligibility.

E-Verify Self Check is administered by the USCIS, in partnership with the Social Security Administration (SSA). USCIS is a division under the Department of Homeland Security (DHS). As of March 21, 2011, E-Verify Self Check is available to individuals who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia; or Washington, DC. The E-Verify Self Check is expected to expand to other states in the coming months.

E-Verify Self Check service is voluntary and free. Efforts are being made to ensure that E-Verify Self-Check is secure to use when it comes to users’ personally identifiable information and to prevent misuse of the service. Moreover, information that users provide during E-Verify Self Check and the results of an E-Verify Self Check will not be shared with users’ employers or prospective employers.

The E-Verify Self Check system allows each user to identify data inaccuracies, ranging from typographical errors to unreported name changes. Such inaccuracies, if not corrected, would result in a mismatch before a person seeks employment. E-Verify Self Check gives users the opportunity to submit corrections of any inaccuracies in their DHS and SSA records before applying for jobs, therefore, allowing workers to better protect themselves from potential workplace discrimination that could result from an employer’s abuse of the E-Verify system.

There are four steps to the E-Verify Self Check process:

The users will enter identifying information online (such as name, date of birth and address)
The users will confirm their identity by answering demographic and/or financial questions generated by a third-party identity assurance service
The users will enter work eligibility information such as a Social Security number and, depending on citizenship status, an Alien Registration number
E-Verify Self Check checks users’ information against relevant SSA and DHS databases and returns information on users’ employment eligibility status

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224; koka@tiyalaw.com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters

Isabel Davila — Mon, 18 Apr 2011 02:33:58 +0000

Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters

On April 13, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced temporary immigration relief measures for foreign nationals affected by their home country conditions, such as civil unrest or a severe environmental disaster. For examples, home country conditions of the foreign national may impede his/her ability to return home as originally planned, or may create temporary financial difficulties for the foreign nationals and his/her families; extreme situations beyond your control also may affect your ability to maintain lawful immigration status while in the United States.

The available temporary immigration relief measures you may apply include:

A change or extension of nonimmigrant status for an individual currently in the United States;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and relatives of lawful permanent residents whose priority dates are current;
Expedited employment authorization, where appropriate;
Visitors traveling under the Visa Waiver Program may contact a USCIS local office for assistance at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO ; and
Where applicable, humanitarian parole may be available.

Currently, the regions or countries that are affected by civil unrest or natural disaster include, but are limited to, the Middle East region, Tunisia, Egypt, Algeria, Bahrain, Syria, Libya, and Japan.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.