Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers?  Opening a business or investing in the U.S.?  Are you an Inventor or skilled worker in the U.S.?  November 20, 2014 Executive Actions

The President announced various executive actions on November 20, 2014 relating to, among other things, green card and temporary visa matters.  Some of them are outlined below.

The executive actions are calling for the U.S. Citizenship and Immigration Services (USCIS) to work with the U.S. Department of State (DOS) to make efficient use of authorized immigrant visa numbers, and better determination of immigrant visa number availability.  Various types of green card cases are subject to visa number quota.  [Hopefully, the changes may improve visa number availability such as immigrant visa numbers becoming current.]

Additionally, the executive actions are requesting the USCIS to relax job or adjustment portability for delayed or lengthy adjustment of status cases.  I-485 Adjustment of Status is the final stage in a green card process.  Many adjustment cases remain pending or are delayed because of immigrant visa number unavailability (immigrant visa number not current).  Currently, a foreign national in an employment green card may change or port to a different employer before his/her green card is approved, when the adjustment case has been pending for a certain period of time.  Presently, such job change or portability is restricted to the same or similar green card job classification, which is narrowly interpreted.  Thus, a foreign national who has changed job under the adjustment-of-status portability but who does not have an H-1B or another temporary work visa for the new job may possibly face removal or deportation proceeding. [Hopefully, the changes may allow eligible adjustment applicants to transfer or port to a wider range of jobs.]

In improving the U.S. economy, the executive actions are asking the USCIS to:

1. Clarify the standard for green card national interest waiver cases for founders of start-up businesses, foreign investors or researchers.  National interest waiver is a process for an eligible foreign national who has an advanced degree or exceptional ability to apply for green card without the PERM permanent labor certification process.  His/her contributions or skills must be of U.S. national interests. [Hopefully, these changes may mean widening the range of evidence that would constitute exceptional ability or U.S. national interests.]
2. Parole, on a case-by-case basis, eligible founders of start-up businesses, foreign investors or researchers.  This is for a foreign national who has not yet met the national interest waiver standard, and:

(a) Who has been awarded substantial U.S. investor financing; or

(b) Who has the potential for innovation and job creation through the development of new technologies or cutting-edge research.

Spouses of certain H-1B employees who are in certain green card process may apply for work permit (employment authorization document/EAD).  H-1B visa is for job that requires at least a bachelor’s degree or equivalent in a relevant field.

There may be further clarification and consistency on what constitutes specialized knowledge for employee transferring from company overseas into the U.S.

The above executive actions are not effective yet.  The government will provide further clarifications and guidelines in the coming months.  Please stay tune and sign up for our eNews for future updates.

For additional information on other types of recent executive actions, please visit:  https://immigrationresource.net/in-the-u-s-illegally-need-to-fix-u-s-immigration-status-consider-applying-for-dapa-around-may-19-2015-expanded-daca-february-18-2015/

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 Fillali, 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, illegal status, 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.

We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. For examples 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 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; 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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More News

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• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• Citizenship Civics Test in 7 Languages & Exemption for Green Card Holders of at Least 20 Years Who Are Over 65 Years Old
• Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews
• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• Job Creation Via Part of Comprehensive Immigration Reform
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)

Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015!  New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

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 should be able to apply for DAPA around May 19, 2015.

Additionally, the executive actions are expanding the categories of undocumented individuals who may apply for provisional waivers.  Provisional waiver is a process for an eligible applicant to apply for approval of waiver of certain time bar prior to departing the U.S. for immigrant-visa consular processing.  The waiver is for time bar that would have been triggered by by departing the U.S. after having certain period of unlawful presence in the U.S.  The expanded provisional waiver is including those who  have resided in the U.S. for at least 180 days; and who are spouses, or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

The executive actions are 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 should be able to apply for this expanded DACA around February 18, 2015.    The U.S. Citizenship and Immigration Services (USCIS) is already approving work permit/work authorization for 3 years for certain applications for DACA extensions.

These recent executive actions have not yet been implemented.  Applications based on these new executive actions cannot be filed at this time until the anticipated dates above.  The government will provide guidelines in the coming months.  The guidelines may provide additional criteria.  Please stay tune and sign up for our eNews for future updates.

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 Fillali, 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

We represent employers, companies, and individuals and families in green card, citizenship/naturalization, and work visa matters in U.S. Immigration & Nationality Law.  We also have a focus on naturalization and green card cases such as extraordinary ability, national interest waiver, PERM, family, and waiver cases.  Additionally, we focus on temporary visas such as work visas, family visas, nonimmigrant visas, and waiver matters.

All Rights Reserved

More News

• Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions
• New Executive Actions on U.S.A. Immigration
• PROPOSED IMMIGRATION REFORM SUMMARY: “BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION ACT”
• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• 48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 2012)
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• US Immigration Completes its Random Selection Process for 2017 H-1B Cap
• In the U.S. Illegally? Need to fix U.S. Immigration Status? Consider Applying for DAPA Around May 19, 2015 or Expanded DACA February 18, 2015.

USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015

H-1B Annual Work Visa Cap 

On April 1, 2015, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2015 fiscal year (FY), and the 20, 000 exemption for H-1B under the U.S. advanced degree.

 In April 2014, the USCIS received many more petitions than the visa quota.  As such, the USCIS selected cases based on random selection process (lottery).  On April 7, 2014, USCIS had received 172,500 H-1B Cap Petitions.   The USCIS finished its computer-generated random selection process (lottery) on April 10, 2014.   Those under U.S. advanced degree not selected within the 20,000 visa numbers was processed under random selection for the 65,000 limit.

What is an H-1B? 

H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S.

Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card), and then U.S. citizenship.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of circumstances. 

Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap 

Not all H-1B petitions are subject to annual visa cap, depending on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers. 

 Duration of H-1B

 In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up 

Potential H-1B candidates who do not make it to the Fiscal Year 2016 H-1B visa quota (October 1 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2016 (October 1, 2016 employment start-date or later) for the Fiscal Year 2017 H-1B visa quota. They can also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

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 Fillali, 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 ; http://immigrationresource.net

We represent employers, companies, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; and work visas, family visas, nonimmigrant, and waiver matters.

All Rights Reserved.

More News

• 42,000 H-1B Regular Cap Work Visas, and 16,000 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 18, 2012)
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• US Immigration Completes its Random Selection Process for 2017 H-1B Cap
• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• Immigration to Begin Premium Processing of H-1B Cap Petitions on May 12, 2016
• Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014

H-1B Annual Work Visa Cap 

On April 1, 2014, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2015 fiscal year (FY), and the 20, 000 exemption for H-1B under the U.S. advanced degree.   On April 7, 2014, USCIS had received 172,500 H-1B Cap Petitions.   The USCIS has finished its computer-generated random selection process (lottery) on April 10, 2014 and has begun issuing receipt notices.  Those under U.S. advanced degree not selected within the 20,000 visa numbers was processed under random selection for the 65,000 limit.

For this H-1B cap-season purpose only, USCIS will begin premium processing for H-1B cap cases on or before April 28, 2014. 

What is an H-1B? 

H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card). 

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of circumstances. 

Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap 

Not all H-1B petitions are subject to annual visa cap, depending on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers. 

Duration of H-1B

 In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

 H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up 

Potential H-1B candidates who do not make it to the Fiscal Year 2015 H-1B visa quota (October 1, 2014 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2015 (October 1, 2015 employment start-date or later) for the Fiscal Year 2016 H-1B visa quota. They can also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

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

More News

• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• US Immigration Completes its Random Selection Process for 2017 H-1B Cap
• USCIS Begins Accepting Fiscal Year 2015 H-1B Visa Cap Cases
• U.S. Work Visas and Options for Nurses

 USCIS National Customer Service Center is Now Opening on Saturdays as Well 

The telephone services offered to the public by the U.S. Citizenship and Immigration Services (USCIS) National Customer Service Center with live agents is now also available on Saturdays from 9 a.m. to 5 p.m. in addition to Monday – Friday, 8 a.m. – 8 p.m., in each time zone.

NCSC numbers are: (a) 1 (800) 375-5283, (b) TTY number is: 1 (800) 767-1833, (c) Callers from outside the United States who have filed an application or petition with a USCIS Service Center, can call 785-330-1048 to check case status and there is no live assistance available at this number.

Customers can access automated information through a menu of automated options 24 hours a day, 7 days a week. Live assistance is available Monday through Friday as follows:

Customers calling from Alaska: 8:00 AM to 5:00 PM local time;
Customers calling from Hawaii: 8:00 AM to 4:00 PM local time;
Customers calling from Puerto Rico and the U.S. Virgin Islands: 9:00 AM to 6:00 PM local time;
Customers calling from anywhere else in the United States: 8:00 AM to 6:00 PM local time; and
In Guam, live assistance is available Tuesday through Saturday, 6:00 AM to 11:00 AM local time.

The best times to call the NCSC for personal assistance are Tuesday through Friday.

More News

• USCIS Expects to Accept Deferred Action Applications From Certain Young People on August 15, 2012!
• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs
• Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions
• Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration
• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status
• USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings

K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status

The BIA held that a K-4 derivative child of a K-3 nonimmigrant who married the United States citizen K visa petitioner after the K-4 child reached the age of 18 is ineligible for adjustment of status because (s)he cannot qualify as the petitioner’s “stepchild.”  (Matter of Akram, 8/1/12)

K-4 visa is a derivative visa of parent’s K-3 visa (as the spouse of a United States citizen).

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws.  BIA decisions are binding on all U.S. Department of Homeland Security (DHS) officers and immigration judges unless modified or overruled by the Attorney General or a federal court.

More News

• USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings
• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs
• Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews
• Citizenship Civics Test in 7 Languages & Exemption for Green Card Holders of at Least 20 Years Who Are Over 65 Years Old
• PERM Lawful Job-Related Rejection
• BIA on Qualifying Relative “Child” for Cancellation of Removal
• The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet
• Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions

USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings

Individuals outside the U.S. who have been found inadmissible by a U.S. consular officer  for an immigrant visa or a nonimmigrant K or V visa, must now (since June 4, 2012) file their waiver applications directly to U.S. Citizenship and Immigration Services (USCIS) by mailing the application to a USCIS Lockbox facility in the United States instead of filing at their foreign location. These waiver applications are adjudicated at the USCIS Nebraska Service Center (NSC).  The change affects waiver filings for:

1. Form I-601, Application for Waiver of Grounds of Inadmissibility,
2. Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if filed together with a Form I-601), and
3. Form I-290B, Notice of Appeal or Motion (if filed after a denial of a Form I-601 or Form I-212 by the NSC).

The waiver filing location changes afford several advantages:

§ Faster filing: Applicants can file a waiver application immediately after the consular interview. An applicant who files with the Lockbox does not need to wait for an appointment at a USCIS Field Office to file the waiver application and will not need to travel to the USCIS office.

§ Shorter processing time: The NSC’s goal is to process the waiver applications within 3 months.

§ Ability to track the progress of an application: Applicants who file waiver applications through the Lockbox can view the progress of their application online. This service is not available to applicants who file their waiver applications at USCIS international field offices.

Individuals in Mexico still have the option to file their waiver applications with the local USCIS Field Office in Ciudad Juarez, Mexico, in addition to the Lockbox, until Dec. 4, 2012 (transition period). However, those who choose to file their waiver applications at the Lockbox will experience certain advantages.

More News

• K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status
• Citizenship Civics Test in 7 Languages & Exemption for Green Card Holders of at Least 20 Years Who Are Over 65 Years Old
• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs
• Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews
• The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet
• Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions
• Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration
• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015

Citizenship Civics Test in 7 Languages & Exemption for Green Card Holders of at Least 20 Years Who Are Over 65 Years Old

U.S. citizenship applicants (N-400 applicants) are required to attend N-400 interviews.  Citizenship applicants are required to undergo, among other things, English and Civics tests (certain exceptions apply).

U.S. Citizenship and Immigration Services (USCIS) offers the official list of naturalization N-400 Civics Test Questions and Answers in 7 languages (English, Arabic, Spanish, Chinese, Vietnamese, Korean and Tagalog) which can be seen at USCIS website at:

http://www.uscis.gov/portal/site/uscis/menuitem.cdb41483187c7c1014fe271b526e0aa0/?vgnextoid=160ec05083f98310VgnVCM100000082ca60aRCRD&vgnextchannel=c242df6bdd42a210VgnVCM100000b92ca60aRCRD&sectionId=160ec05083f98310VgnVCM100000082ca60aRCRD&type=2&filter=1

U.S. citizenship applicants who require help in studying for citizenship/naturalization English and Civics tests may locate Citizenship class (city or zip code search) at http://www.literacydirectory.org/ .

U.S. immigration law affords special consideration of the civics test for applicants who, at the time of filing their Form N-400, Application for Naturalization/Citizenship, are over 65 years old and have been a permanent resident for at least 20 years (the 65/20 exemption).  These 65/20 exemption applicants can:

1. Take civics test in the language of their choice; and
2. Are only required to study 20 of the 100 civics test questions for the naturalization test.  The 65/20 exemption should study the 20 civic test questions and answers for the 65/20 exemption instead of the regular 100 civics test questions and answers.  The 20 civics test questions and answers for 65/20 exemption can also be found at USCIS website at:

http://www.uscis.gov/portal/site/uscis/menuitem.cdb41483187c7c1014fe271b526e0aa0/?vgnextoid=160ec05083f98310VgnVCM100000082ca60aRCRD&vgnextchannel=c242df6bdd42a210VgnVCM100000b92ca60aRCRD&sectionId=160ec05083f98310VgnVCM100000082ca60aRCRD&type=2&filter=1

August 2, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224;

More News

• Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews
• Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions
• USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings
• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs
• BIA on Qualifying Relative “Child” for Cancellation of Removal
• U.S. Work Visas and Options for Nurses
• The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet
• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)

USCIS Expects to Accept Deferred Action Applications From Certain Young People on August 15, 2012!

U.S. Department of Homeland Security (DHS) announced today (08/03/2012) that on August 15, 2012, U.S. Citizenship and Immigration Services (USCIS) is expecting to begin accepting deferred action applications from certain young people who were already brought to the United States as young children, and will make all forms, instructions, and additional information on the process available on August 15, 2012. Deferred action applications should not be filed to USCIS before August 15, 2012.

USCIS highlighted the following preliminary procedures:

• Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
• Requestors will use a form developed for this specific purpose.
• Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.
• All requestors must provide biometrics and undergo background checks.
• Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
• The four USCIS Service Centers will review requests.

On June 15, 2012, the U.S. Department of Homeland Security (DHS) announced, effective immediately, certain young people who were already brought to the United States as young children may be considered for prosecutorial discretion of deferred action (temporary discretionary relief from facing removal/deportation) for two years, upon meeting stipulated criteria through verifiable documentation.

Young people who may meet the criteria, but who are not in removal (deportation) proceedings, should not submit their applications for deferred action to the U. S. Citizenship and Immigration Services (USCIS) yet. USCIS is still developing procedures for deferred action applications, and will implement application procedures within 60 days from June 15, 2012.

At this time, a young applicant, currently in removal proceeding (without a final removal order) and meeting DHS deferred action criteria, may contact ICE (U.S. Immigration and Customs Enforcement) at 1-888-351-4042. Eligible young people with unexpired voluntary departure and meeting deferred action criteria may consider the option of motion to reopen their cases with ICE.

Once granted deferred actions, applicants may apply for employment authorization documents and renewal of deferred actions.

The criteria for being considered for deferred actions are:

1. Came to the United States under the age of sixteen;
2. Have continuously resided in the United States for a least 5 years preceding the date of DHS deferred action memorandum (June 15, 2012) and are present in the United States on the date of DHS deferred action memorandum (June 15, 2012);
3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; AND
5. Are not above the age of thirty.

Deferred actions are adjudicated on a case-by-case basis. Deferred actions do not confer immigration status or right to citizenship, but such individuals may apply for employment authorization document (EAD). These deferred actions are where immigration exercises prosecutorial discretion of deferring prosecution of removal/deportation of these individuals.

More News

• USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!
• Deferred Actions for Young People of Low Enforcement Priorities (similar to the never-enacted DREAM Act)
• Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions
• Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration
• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• USCIS National Customer Service Center is Now Opening on Saturdays as Well
• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs
• The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet

PERM Lawful Job-Related Rejection

In Matter of JP Morgan Chase & Co., 7/16/12, a PERM case on lawful rejection, where there is no finding of job requirements being unduly restrictive, BALCA found an employer may reject job applicants who do not meet the minimum requirements listed on PERM form ETA 9089 without interview.

More News

• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs
• K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status
• USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings
• Citizenship Civics Test in 7 Languages & Exemption for Green Card Holders of at Least 20 Years Who Are Over 65 Years Old
• Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews
• The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet
• New PERM Labor Certification Update: Supervised Recruitment
• Job Creation Via Part of Comprehensive Immigration Reform