Pres. Obama Announces Executive Actions

Aggie Hoffman

President Obama has announced a series of executive actions on immigration: http://www.uscis.gov/sites/default/files/USCIS/ExecutiveActions/ExecActionFlier_En_Full.pdf USCIS is NOT yet accepting applications or requests for these initiatives. Visit www.uscis.gov/immigrationaction for information on when to submit a request. Avoid Scams: Beware of anyone who offers to help you submit an application or request at this time based on the President’s announcement—it may be an immigration scam. Visit www.uscis.gov/avoidscams for more details.

Online Change of Address

Aggie Hoffman

The U.S. Citizenship and Immigration Services (USCIS) has introduced a new version of its online tool that allows users to change their address more quickly and easily. The Change of Address tool is at www.uscis.gov. Users will simply complete a single form with questions that guide them through the process. In addition, the updated tool is now compatible with multiple Web browsers and confirms the change by email.

H1-B & H2-B Updates

Aggie Hoffman

H-2B: USCIS announced that it has resumed processing all form I-129 H-2B visa petitions. This is in view of the Court Order in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa) which declared that the four tier wage methodology rule of the U.S. Dept of Labor (DOL) in making a prevailing wage determination was not acceptable. Accordingly, DOL has published an Interim Final Rule, making required changes in line with the court’s opinion. H-1B visas for 2014: On April… [ Continue reading ]

SCIS to Accept H-1B Petitions for Fiscal Year 2014

Aggie Hoffman

Premium Processing for Cap-Subject H-1B Petitions to Begin April 15, 2013 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked. The cap (the numerical limitation on H-1B petitions) for FY 2014 is 65,000. In addition, the first… [ Continue reading ]

USCIS Announces Intention to Accept Waivers of Inadmissibility

Aggie Hoffman

USCIS has announced that on March 4, 2013 it will begin accepting for filing the Application for Provisional Waivers of inadmissibility. This will benefit immediate relatives (spouses and parents of US citizens) by allowing the intending immigrant to remain in the US (thus minimizing separation of family) while the USCIS determines whether (s)he immigrant should be allowed to immigrate even though (s)he has been in the U.S. in unlawful status for one year or more. The determination will be based on a demonstration of “extreme… [ Continue reading ]

Filing for Deferred Action of Childhood Arrivals

Aggie Hoffman

Yesterday was the first day the U.S. Citizenship and Immigration Services (USCIS) began accepting applications for Deferred Action for Childhood Arrivals (DACA). On Tuesday, Alejandro Mayorkas, USCIS Director held another news briefing about the process offered to DREAMERS. In his opening paragraph, Mr. Mayorkas stated: “Deferred Action does not confer lawful status.” This is repeated in the Frequently Asked Questions (FAQ) released by the USCIS yesterday: The statement also appears on p. 2 of the 9 pages of instructions for completing the application (form I-821… [ Continue reading ]

DREAMERS Are Now “Childhood Arrivals”

Aggie Hoffman

On Friday, August 3, 2012, US Citizenship and Immigration Services (USCIS) Director, Alejandro Mayorkas, held a conference call to provide information on benefits available under the “deferred action” process. As the label indicates, the benefit granted is “a deferral” of any action that may be taken against the applicant due to unlawful status. Once the period of deferred action ends, the applicant will revert to whatever status (s)he had before the temporary reprieve was granted. The benefits of the program recognize the plight of children… [ Continue reading ]

Phantom of a DREAM

Aggie Hoffman

Since last Friday (June 15, 2012) many articles have been written about President Obama’s announced Executive decision that effective immediately, he was extending “…temporary relief from deportation [removal] proceedings and [eligibility ] to apply for work authorization” to those whose unlawful status is due to no fault of their own. The beneficiaries are those who would benefit under the DREAM Act which has failed to be enacted by Congress. See my prior articles on the subject here and here. On the same day Secretary of Homeland Security (DHS), Janet… [ Continue reading ]

BIA Says: Travel Under Parole Not a Departure

Aggie Hoffman

On April 17, 2012, the Board of Immigration Appeals (BIA), in Matter of Arrabally and Yerrabelly, ruled that one travelling on advance parole may not be barred from returning to the U.S. after a temporary absence. This is important because parole is permission to travel while an Application for Permanent Residence (I-485) is pending; departure without parole causes the abandonment of the I-485, making it impossible to return to the U.S. This is a welcomed ruling because for years the USCIS engaged in a bait… [ Continue reading ]

Fiscal Year 2013: H-1B Visa Quota Filled

Aggie Hoffman

UPDATE! USCIS announced that on June 11, 2012, it received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2013. USCIS will consider properly filed cases as received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers if they arrive after June 11, 2012 and seek an employment start date in FY 2013. As of June 7, 2012, USCIS… [ Continue reading ]