Headlines:
1. USCIS Suspends Premium Processing Until July 27 for Extension of Stay H-1B Petitions; New Form In Effect -USCIS said this temporary suspension will allow the agency to implement its final rule on employment authorization for certain H-4 spouses in a timely manner.
2. USCIS Releases Revised I-765 Application for Employment Authorization -The revised I-765 contains the eligibility category (c)(26) for certain H-4 dependent spouses to apply for employment authorization.
3. When Should Employers File Amended H-1B Petitions After Simeio? USCIS Issues Draft Guidance -USCIS noted that the precedent decision in Matter of Simeio Solutions represents the agency’s position that employers must file an amended petition before placing an H-1B employee at a new worksite. USCIS said it will accept comments on the draft guidance for a limited period of time.
4. USCIS To Hold EB-5 Conference Call on June 4 -The topic of discussion will be expenses that are includable (or excludable) for purposes of estimating job creation.
5. Fifth Circuit Denies Emergency Stay of Preliminary Injunction Against DAPA and Expanded DACA -On May 26, 2015, the U.S. Court of Appeals for the Fifth Circuit denied the Obama administration’s request for an emergency stay of a preliminary injunction against its Deferred Action for Parents of Americans and Lawful Permanent Residents program.
6. USCIS Completes Data Entry of All FY 2016 H-1B Cap-Subject Petitions -USCIS will issue an announcement once all the unselected petitions have been returned.
7. DOL, DHS Publish Rules on H-2B Temporary Nonagricultural Worker Program, Related Prevailing Wage Methodology -The agencies published an interim final rule to reinstate and make improvements to the program, and a final rule to establish the prevailing wage methodology.
8. DHS Issues Final Rule Adjusting Limitations on Designated School Official Assignments and Study by F-2 and M-2 Nonimmigrants -The final rule grants school officials more flexibility in determining the number of designated school officials to nominate for the oversight of campuses. The rule also allows accompanying spouses and children of F-1 or M-1 academic and vocational nonimmigrant students to enroll in less than “full course” study at a SEVP-certified school.
9. USCIS Announces Immigration Relief Measures for Nepali Nationals -USCIS announced immigration relief measures that may be available to Nepali nationals who are affected by the massive earthquake that struck Nepal on April 25, 2015. A group of organizations called for temporary protected status.
10. USCIS Alerts Yemenis to Available Immigration Relief Measures -Due to the unstable security situation in Yemen, USCIS highlighted immigration relief measures that may assist eligible Yemeni nationals.
11. It’s Not Your Imagination: U.S. Mail Delivery Is Slower Than Before -The slowdown is affecting delivery of immigration-related documents, such as approval notices, among others.
12. New Publications and Items of Interest -New Publications and Items of Interest
13. ABIL Member/Firm News -ABIL Member/Firm News
14. Government Agency Links -Government Agency Links
Details:
1. USCIS Suspends Premium Processing Until July 27 for Extension of Stay H-1B Petitions; New Form In Effect
U.S. Citizenship and Immigration Services (USCIS) has suspended premium processing for all H-1B extension of stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of stay for an H-1B nonimmigrant.
Also, USCIS has implemented a new version of the I-907 (edition date: 01/29/2015) and will no longer accept previous versions as of June 1, 2015. USCIS issued the new version on May 1 and continued to accept old versions during the transition period, which ended May 31.
USCIS said the temporary suspension will allow the agency to implement its final rule on employment authorization for certain H-4 spouses in a timely manner and to adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations. USCIS said it anticipates receiving an “extremely high volume” of Form I-765 applications and needs to temporarily suspend premium processing “to ensure that we can provide good customer service to both H-1B petitioners and H-4 applicants.”
The agency said it will monitor its workloads closely and “may resume accepting premium processing requests before July 27, 2015, if we determine that we can once again provide customers with the level of service offered with premium processing.”
During the temporary suspension, USCIS will refund the premium processing fee if:
- A petitioner filed an H-1B petition before May 26, 2015, using the premium processing service, and
- USCIS did not act on the case within the 15-calendar-day period.
Premium processing remains available for all other I-129 H-1B petitions, including petitions subject to the H-1B cap that are requesting a change of nonimmigrant status or consular notification.
USCIS noted that petitioners may request expedited processing for their H-1B extension of stay petitions during the temporary suspension period. The agency said it will “review all expedite requests on a case-by-case basis and grant the requests at the discretion of the Director. The burden is on the petitioner to demonstrate that one or more of the expedite criteria have been met.”
INFORMATION ON HOW TO REQUEST EXPEDITED PROCESSING
2. USCIS Releases Revised I-765 Application for Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) recently published a revised Form I-765, Application for Employment Authorization, with an 02/13/15 edition date.
The revised I-765 contains the eligibility category (c)(26) for certain H-4 dependent spouses to apply for employment authorization. Those filing under the new H-4 rule should provide the receipt number of the H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129.
While USCIS will continue to accept versions of the form with edition date 05/27/08 or later, H-4 applicants should use the 02/13/15 version of the form to prevent delays or the need for USCIS to issue a request for evidence.
FOR MORE INFORMATION about the H-4 rule and eligibility for employment authorization under the rule
RELATED LIST OF FREQUENTLY ASKED QUESTIONS
3. When Should Employers File Amended H-1B Petitions After Simeio? USCIS Issues Draft Guidance
U.S. Citizenship and Immigration Services (USCIS) recently issued draft guidance following its Administrative Appeals Office (AAO) precedent decision, Matter of Simeio Solutions, LLC, which held that an employer must file an amended H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:
- When H-1B employees change their place of employment to a worksite location that requires an employer to certify a new LCA to the Department of Homeland Security, this change may affect the employees’ eligibility for H-1B status; it is therefore a material change for purposes of 8 CFR §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014).
- When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H-1B petition with the corresponding LCA.
USCIS noted that this precedent decision represents the agency’s position that employers must file an amended petition before placing an H-1B employee at a new worksite. USCIS said it will accept comments on the draft guidance for a limited period of time.
When To File or Not File
Employers must file an amended H-1B petition if an H-1B employee changed or is going to change his or her place of employment to a worksite location outside of the metropolitan statistical area (MSA) or “area of intended employment” (as defined at 20 CFR § 655.715) covered by the existing approved H-1B petition, even if a new LCA is already certified and posted at the new location.
Once the employer files the amended petition, the H-1B employee can immediately begin to work at the new location. The employer does not have to wait for a final decision on the amended petition for the H-1B employee to start work at the new location.
USCIS said employers do not need to file an amended petition in the following situations:
- A move within an MSA: If the H-1B employee is moving to a new job location within the same MSA or area of intended employment, a new LCA is not required. Therefore, the employer does not need to file an amended H-1B petition. However, the employer must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but the employer would still need to post the previously obtained LCA at the new work location. USCIS said this is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC.
- Short-term placements: Under certain circumstances, the employer may place an H-1B employee at a new job location for up to 30 days, and in some cases 60 days (where the employee is still based at the original location), without obtaining a new LCA. (See 20 CFR § 655.735.) In these situations, the employer does not need to file an amended H-1B petition.
- Non-worksite locations: If the H-1B employee is only going to a non-worksite location, the employer does not need to file an amended H-1B petition. A location is considered to be “non-worksite” if:
- The H-1B employees are going to a location to participate in employee developmental activity, such as management conferences and staff seminars;
- The H-1B employees spend little time at any one location; or
- The job is “peripatetic in nature,” such as situations where the primary job is at one location but the H-1B employees occasionally travel for short periods to other locations “on a casual, short-term basis, which can be recurring but not excessive (i.e., not exceeding five consecutive workdays for any one visit by a peripatetic worker, or 10 consecutive workdays for any one visit by a worker who spends most work time at one location and travels occasionally to other locations).” See 20 CFR § 655.715.
Filing Amended H-1B Petitions
- If the H-1B employees were changing worksite locations at the time of the Simeio Solutions decision, the employer has 90 days from May 21, 2015, to file amended petitions for H-1B employees who changed their place of employment to an MSA or area of intended employment requiring coverage by a new or different LCA from that submitted with the original H-1B petition. Therefore, if the employer has not filed an amended petition for an H-1B worker who moved worksite locations before May 21, 2015, it has until August 19, 2015, to file an amended petition.
- If the H-1B workers changed their worksite location before the Simeio Solutions decision, USCIS said it will not take adverse action against the employer or employees if the employer, in good faith, relied on prior non-binding agency correspondence and did not file an amended petition due to a change in an MSA or area of intended employment by May 21, 2015. However, as noted above, the employer must now file an amended petition for these H-1B employees by August 19, 2015. If the employer does not file an amended petition for these employees by August 19, 2015, it will be out of compliance with USCIS regulation and policy and thus subject to adverse action, USCIS said. Similarly, the H-1B employees would not be maintaining their nonimmigrant status and would also be subject to adverse action.
- If the amended H-1B petition is denied but the original petition is still valid, the H-1B employee may return to the worksite covered by the original petition as long as the H-1B employee is able to maintain valid nonimmigrant status at the original worksite.
- If the previously filed amended H-1B petition is still pending, the employer may still file another amended petition to allow the H-1B employee to change worksite locations immediately upon the latest filing. However, every H-1B amended petition must separately meet the requirements for H-1B classification and any requests for extension of stay. If the H-1B nonimmigrant beneficiary’s status has expired while successive amended petitions are pending, the denial of any petition or request to amend or extend status will result in the denial of all successive requests to amend or extend status. See Memorandum from Michael Aytes, Acting Director of Domestic Operations (Dec. 27, 2005), for similar instructions about portability petitions (link below).
USCIS noted that to the extent possible, the employer should submit receipt notices of prior petitions. USCIS will determine, on a case-by-case basis, whether a petition was filed before the current I-94 expired.
MATTER OF SIMEIO SOLUTIONS, LLC
4. USCIS To Hold EB-5 Conference Call on June 4
U.S. Citizenship and Immigration Services (USCIS) will hold a second engagement (conference call) in the informational series “EB-5 Interactive” on Thursday, June 4, 2015, from 1 to 2:15 p.m. (ET). The topic of discussion will be expenses that are includable (or excludable) for purposes of estimating job creation. Economists from the Immigrant Investor Program will make a short presentation and answer non-case-specific stakeholder questions concerning this topic.
5. Fifth Circuit Denies Emergency Stay of Preliminary Injunction Against DAPA and Expanded DACA
On May 26, 2015, the U.S. Court of Appeals for the Fifth Circuit denied the Obama administration’s request for an emergency stay of a preliminary injunction against its Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and expanded Deferred Action for Childhood Arrivals (DACA) program. In denying the request, the Fifth Circuit said that the government “is unlikely to succeed on the merits of its appeal of the injunction.”
The district court previously determined that 26 states who challenged the DAPA and expanded DACA programs were likely to succeed on their procedural Administrative Procedure Act (APA) claim, so it temporarily enjoined implementation of the programs. Among other things, those states argued that the DAPA and expanded DACA programs are procedurally unlawful under the APA because they are substantive rules that are required to undergo notice and comment but the Department of Homeland Security (DHS) had failed to do so. The states also asserted that DAPA and expanded DACA were substantively unlawful under the APA because DHS lacked the authority to implement the programs even if it did follow the correct process.
Among other things, the district court had held that Texas had standing because it would be required to issue driver’s licenses to DAPA and expanded DACA beneficiaries, and the costs of doing so would constitute a cognizable injury. Alternatively, the court held that Texas had standing based on a theory it called “abdication standing,” under which a state has standing if the government has exclusive authority over a particular policy area but declines to act. The court entered the preliminary injunction after concluding that Texas had shown a substantial likelihood of success on its claim that implementation of the DAPA and expanded DACA programs would violate the APA’s notice-and-comment requirements. The Fifth Circuit said it reached only the district court’s first basis for standing—the driver’s license rationale—”because it is dispositive.”
The Fifth Circuit noted that the government’s motion for a stay pending appeal was based on its insistence that the states do not have standing or a right to judicial review under the APA and, alternatively, that the DAPA and the expanded DACA programs are exempt from the notice-and-comment requirements. The government also argued that the injunction’s nationwide scope was an abuse of discretion. The Fifth Circuit did not agree.
The Fifth Circuit will consider the government’s appeal of the preliminary injunction, with arguments scheduled for early July.
6. USCIS Completes Data Entry of All FY 2016 H-1B Cap-Subject Petitions
U.S. Citizenship and Immigration Services (USCIS) announced on May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in a computer-generated random process. USCIS will begin returning all H-1B cap-subject petitions that were not selected. The agency noted that due to the high volume of filings, the time frame for returning these petitions is uncertain, so USCIS would prefer not to receive queries in the meantime. USCIS will issue an announcement once all the unselected petitions have been returned.
7. DOL, DHS Publish Rules on H-2B Temporary Nonagricultural Worker Program, Related Prevailing Wage Methodology
In response to recent court decisions that the U.S. Departments of Labor and Homeland Security say have created significant uncertainty about the H-2B temporary foreign nonagricultural worker program, the agencies published an interim final rule on April 29, 2015, to reinstate and make improvements to the program, and a final rule the same day to establish the prevailing wage methodology.
The agencies said that these rules “strengthen protections for U.S. workers, providing that they have a fair shot at finding and applying for jobs for which employers are seeking H-2B workers, while also providing that employers can access foreign workers on a temporary basis when U.S. workers are not available.” The rules include several provisions to expand recruitment of U.S. workers, including more recruitment efforts, requiring employers to offer work to former U.S. employees first, and establishing a national electronic job registry. They include worker protections with respect to wages, working conditions, and benefits that must be offered to H-2B and U.S. workers. They also establish the prevailing wage methodology for the H-2B program, reinstating the use of employer-provided surveys to set the prevailing wage in certain limited situations.
The agencies said they intend these rules to support U.S. businesses and the U.S. economy “by expeditiously reinstating the H-2B program and bringing certainty, stability, and continuity to the program in reaction to litigation on multiple fronts that has threatened to terminate employers’ ability to use H-2B workers.” The new rules also provide interim transition procedures.
8. DHS Issues Final Rule Adjusting Limitations on Designated School Official Assignments and Study by F-2 and M-2 Nonimmigrants
The Department of Homeland Security (DHS) is amending its regulations under the Student and Exchange Visitor Program (SEVP) “to improve management of international student programs and increase opportunities for study by spouses and children of nonimmigrant students.” The final rule “grants school officials more flexibility in determining the number of designated school officials to nominate for the oversight of campuses.” The rule also “provides greater incentive for international students to study in the United States” by allowing accompanying spouses and children of F-1 or M-1 academic and vocational nonimmigrant students to enroll in study at a SEVP-certified school so long as any study remains less than a full course. F-2 and M-2 spouses and children remain prohibited from engaging in a full course of study unless they apply for, and DHS approves, a change of status to a nonimmigrant status authorizing such study.
DHS charges designated school officials (DSOs) with the responsibility of acting as liaisons between nonimmigrant students, the schools that employ the DSOs, and the U.S. government. Among other things, DSOs are responsible for making information and documents relating to F-1 and M-1 nonimmigrant students, including academic transcripts, available to DHS.
Since the Student and Exchange Visitor Information System (SEVIS) is now fully operational and appropriate access controls are in place, DHS has reconsidered the DSO limitation, and, with this rule, eliminates the maximum limit of DSOs. The rule instead allows school officials to nominate an appropriate number of DSOs for SEVP approval based upon the specific needs of each school.
DHS explained that although the average SEVP-certified school has fewer than three DSOs, F and M students often cluster at schools within states that attract a large percentage of nonimmigrant students. As such, schools in the three states with the greatest F and M student enrollment represent 35 percent of the overall F and M nonimmigrant enrollment in the United States. In schools where F and M students are heavily concentrated or where campuses are in dispersed geographic locations, the limit of 10 DSOs has been problematic.
The rule does not alter SEVP’s authority to approve or reject a DSO or principal designated school official (PDSO) nomination.
The rule also amends the benefits allowable for the accompanying spouse and children (hereafter referred to as F-2 or M-2 nonimmigrants) of an F-1 or M-1 student. DHS said it recognizes that the United States is engaged in global competition to attract the best and brightest international students to study in U.S. schools. Allowing F-2 or M-2 nonimmigrants to study while in the United States would help enhance the quality of life for many of these visiting families. Accordingly, DHS is allowing F-2 and M-2 nonimmigrant spouses and children to study in the United States at SEVP-certified schools that does not amount to a full course of study. Over time such enrollment in less than a full course of study could lead to attainment of a degree, certificate, or other credential. To maintain valid F-2 or M-2 status, however, the F-2 or M-2 nonimmigrant would not be permitted at any time to enroll in a total number of credit hours that would amount to a “full course of study,” as defined by regulation.
The newly permissible area of part-time study for these categories at SEVP-certified schools is academic study—whereas before only part-time recreational/vocational study was permitted for these categories (other than the exception for K-12 full-time study by F-2 and M-2 children). The change limits F-2 and M-2 study, other than avocational or recreational study, to SEVP-certified schools, to make it more likely that the educational program pursued by the F-2 or M-2 nonimmigrant is a bona fide program and that studies at the school are unlikely to raise national security concerns. The F-2 or M-2 nonimmigrants can still participate full-time in avocational or recreational study. If an F-2 or M-2 nonimmigrant wants to enroll in a full course of academic study, however, he or she must apply for and obtain approval to change his or her nonimmigrant classification to F-1, J-1, or M-1. Similarly, as noted, the rule does not change existing regulations allowing full-time study by children in elementary or secondary school (kindergarten through twelfth grade).
9. USCIS Announces Immigration Relief Measures for Nepali Nationals
U.S. Citizenship and Immigration Services (USCIS) announced the following immigration relief measures that may be available to Nepali nationals who are affected by the magnitude 7.8 earthquake that struck Nepal on April 25, 2015:
- 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;
- A grant of re-parole;
- Expedited processing of advance parole requests;
- Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
- Expedited adjudication of employment authorization applications, where appropriate;
- Consideration for waivers of fees associated with USCIS benefit applications, based on an inability to pay; and
- Assistance in replacing lost or damaged immigration or travel documents issued by USCIS, such as Permanent Resident Cards (green cards).
Meanwhile, the National Council of Asian Pacific Americans, along with 127 organizations, sent Jeh Johnson, Department of Homeland Security Secretary, a letter on May 5, 2015, calling for temporary protected status designation for Nepal due to the earthquake.
10. USCIS Alerts Yemenis to Available Immigration Relief Measures
Due to the unstable security situation in Yemen, U.S. Citizenship and Immigration Services (USCIS) recently highlighted available immigration relief measures that may assist eligible Yemeni nationals:
- 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;
- A grant of re-parole;
- Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
- Expedited adjudication of employment authorization applications, where appropriate; and
- Consideration for waiver of fees associated with USCIS benefit applications, based on an inability to pay.
11. It’s Not Your Imagination: U.S. Mail Delivery Is Slower Than Before
According to reports, approximately 20 to 50 percent of U.S. mail now takes an extra day to deliver, thanks in part to the U.S. Postal Service’s eliminating first-class local overnight delivery starting in January and closing many mail processing plants in response to decreased demand. This slowdown is affecting delivery of immigration-related documents, such as approval notices, among others.
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12. New Publications and Items of Interest
E-Verify webinar on demand. U.S. Citizenship and Immigration Services (USCIS) released an “E-Verify Webinar On-Demand” for employers on April 27, 2015. The free 20-minute video can be viewed all at once or by topic. OTHER USCIS VIDEOS
The 2015 edition of the Global Business Immigration Practice Guide has just been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.
The latest edition adds chapters on Ghana and Peru. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.
Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”
Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes “the fact that the [guide] focuses not just on each country’s immigration law itself but also addresses related matters such as tax and social security issues.” She noted that the India chapter “is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges.”
Charles Gould, Director-General of the International Co-operative Alliance, said the guide is “an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand.”
This comprehensive guide is designed to be used by:
- Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
- Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
- Attorneys interested in expanding their practice to include global business immigration services.
This publication provides:
- An overview of the immigration law requirements and procedures for over 20 countries;
- Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
- A general overview of the appropriate options for a particular employee; and
- Information on how an employee can obtain and maintain authorization to work in a target country.
Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.
The list price is $359, but discounts are available. 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
13. ABIL Member/Firm News
Several members of the Alliance of Business Immigration Lawyers (ABIL) will speak at the American Immigration Lawyers Association’s annual conference June 17-20, 2015, in Washington, DC. Among them are:
- Maria Celebi, “Filing a Family IV Petition Abroad—Navigating the Direct Consular Filing”
- Laura Danielson, “If I Had a Million Dollars—Fundamentals of EB-5 Investor Visas”; Robert Aronson from Ms. Danielson’s office, “OMG, I Have an IMG! Working With International Medical Graduates,” and Debra Schneider, also from Ms. Danielson’s office, ” Non-PERM Employment-Based Options”
- Bryan Funai, “The Consular Posts Strike Back—Advanced Consular Processing Issues for Business Visas”
- Kehrela Hodkinson, “Non-Immigrant and Immigrant Waivers of Inadmissibility Fundamentals”
- Mark Ivener, ” Contingency Planning for Attorneys—The Ethics of Extended Leave, Disability, and Death”
- H. Ronald Klasko, “Advanced EB-5 Panel,” Dan Lundy from Mr. Klasko’s office, “Intermediate EB-5 Panel,” and William Stock from Mr. Klasko’s office, “Hot Topics with the AILA National Officers” and “Put the Smart Phone Down: Networking and the Art of the Schmooze”
- Vincent Lau, “PERM Fundamentals—Part I”
- Robert Loughran, “Renunciation, Relinquishment and Loss of Citizenship,” and from Foster LLP: Charles C. Foster, “The 50th Anniversary of the Immigration Reform Act of 1965″; Sandra I. Dorsthorst, “Getting’ Cozy With Blanket L-1 Visas”; Helene N. Dang, “Building the Narrative—Drafting a Successful Petition and Getting It Right the First Time.”
- Sharon Mehlman, “Immigration and Healthcare – Everything You Need To Know About How The ACA Impacts Your Clients” and “Hot Topics Panel With the AILA National Officers”
- Cyrus Mehta, “Immigration and Healthcare—Everything You Need To Know About How The ACA Impacts Your Clients,” ” AILA Ethics Compendium Session,” and ” Beyond Deferred Action: Is Permanent Residence An Option”
- Angelo A. Paparelli, “When Size Matters—Entrepreneurs/Start-Ups/Small Business Panel”
- William Reich, “From STDs to TB to Ebola—Medical Grounds of Inadmissibility”
- Lynn Susser, “The ‘Business’ of Dealing with CBP” and Greg Siskind from Ms. Susser’s office, “Ethics and Practice Management in the Digital Age” and “Beware of Marrying a J-1!!! J-1 Family Members and Waiver of § 212(e) Based on Hardship”
- Bernard Wolfsdorf, “The Consular Posts Strike Back—Advanced Consular Processing Issues for Business Visas”
- Stephen Yale-Loehr, moderator, “Behind Closed Doors—An Insider’s Perspective on the Immigration Legislative Process,” and Carolyn Leefrom Mr. Yale-Loehr’s office, “If I Had a Million Dollars—Fundamentals of EB-5 Investor Visas”
Several members of the Alliance of Business Immigration Lawyers (ABIL) will serve on American Immigration Lawyers Association committeesnext year. Among them are:
- Ms. Hodkinson, by-laws and fall conference committees
- Mr. Lau, DOL liaison committee and PERM conference planning committee
- Ms. Mehlman, verification and worksite committee and annual conference committee
- Mr. Mehta, chair of the ethics committee and member of the Access to Justice Task Force
- Mr. Paparelli, vice-chair of the Access to Justice Task Force
- Ms. Susser, CBP liaison committee and Memphis USCIS Field Office committee
- Mr. Wolfsdorf, chair of EB-5 conference committee, and serving on EB-5 committee and on the global migration steering committee
- Mr. Yale-Loehr, EB-5 conference committee, business immigration committee, and asylum/refugee committee
Several members of ABIL are included in the latest annual Who’s Who Legal rankings of corporate immigration attorneys. ABIL members constitute 5 of the top 10 U.S. immigration attorneys. ABIL members make up two-thirds of the world’s top immigration lawyers worldwide, since 20 ABIL attorneys are among the top 30 in the world.
Mr. Mehta is ranked as the number 1 immigration lawyer this year. Mr. Wolfsdorf is ranked as the Global Immigration Lawyer of the Year for 2015. The listings also include:
- Enrique Arellano
- Maria Celebi, first in Africa and the Middle East
- Eugene Chow
- Arnold Conyer
- Laura Devine and partners
- Avi Gomberg and Seth Dalfen from Mr. Gomberg’s office
- Ms. Hodkinson
- Mr. Klasko
- Charles Kuck
- Mr. Loughran and seven other members of Foster LLP
- Gunther Mävers
- Marco Mazzeschi
- Ms. Mehlman
- Ariel Orrego-Villacorta
- Mr. Paparelli
- Nicolas Rollason
- Maria Isa Soter
- Ms. Susser
- Karl Waheed
- Chris Watters, Africa and the Middle East
- Mr. Yale-Loehr
Mark Ivener spoke on “Three EB-5 Investor Green Cards / E-2 Visas Seminars” at the University of Illinois at Urbana-Champaign on April 8-11, 2015.
Mr. Kuck has published a new blog entry. “DAPA and the 5th Circuit—Three Reasons Why Obama Failed To Win Approval of the Policy Change”
Mr. Loughran, as a member of the Committee on Laws Relating to Immigration & Nationality of the State Bar of Texas, met on May 21, 2015, with the consular officers of the U.S. Consulate in Ciudad Juarez, the largest immigrant visa processing post in the world. He was updated on the latest adjudication priorities and inspected the nonimmigrant, immigrant, and fraud detection units as well as the facilities of the adjacent panel physicians.
Mr. Mehta recently authored several blog entries. “Fifth Circuit Precedent on Preemption Can Provide Obama With Path to Victory in Texas v. United States“. “Equating Immigrants to Greenhouse Gases: Is This a Valid Basis for Standing To Sue the Federal Government?”
David Isaacson of Mr. Mehta‘s office has authored a new blog entry. “Zombie Precedents, The Sequel: How Recent Decisions of the Second Circuit and the BIA Point to a Better Way of Dealing With Precedent Decisions That Have Been Vacated by a Court”
Mr. Paparelli recently published a new blog entry. “Immigration Howling, Hope, Hype and Hodgepodge: USCIS’s New L-1B Memo”
Mr. Paparelli and Mr. Yale-Loehr were quoted in Law360 on May 11, 2015, in “EB-5 Program May Prove Fertile Ground for Lawsuits”
Mr. Wolfsdorf has published a new blog entry. “Bernie’s Top EB-5 Hot Topics”
Joseph Shepherd, of Wolfsdorf Rosenthal LLP, was recently appointed to serve as a member of the 2015-2016 American Immigration Lawyers Association’s National ACES Committee (Athletics, Culture, Entertainment, and Science). He will present an F-1 student webinar on June 2, 2015, on “Life after OPT (and the H-1B Lottery).” Mr. Shepherd authored an article on the new F-2/M-2 rule.
Mr. Yale-Loehr was quoted in USA Today on May 26, 2015, in “Federal Court Blocks Obama’s Immigration Plan.” Mr. Yale-Loehr noted, “The court of appeals merely held that the district court did not err when it held that Texas had standing to sue. The true test will be on the merits of the case. That could be a few years down the road, after a trial.”
Mr. Yale-Loehr was quoted in The Guardian on May 7, 2015, in an article on U.S. presidential candidate Hillary Clinton’s remarks on immigration. He noted that if she is elected President, what she does on immigration “really depends on how ambitious she wants to be and how many people she wants to benefit from her actions.”
Mr. Yale-Loehr was interviewed about the EB-5 immigrant investor program on Shortwave, a podcast affiliated with PBS NewsHour.
14. 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
