DACA(+), DAPA, and Summer Fun - July 2016 Immigration Newsletter
Marks Gray Immigration Attorney
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Original Newsletter and Archived Newsletter can be read here
SCOTUS 4-4 Decision on DACA and DAPA leaves many on hold
In the United States v. Texas, the case challenging the expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), the U.S. Supreme Court (SCOTUS) affirmed the lower decision 4-4.
This means that the ruling by the Fifth Circuit’s decision stands and there will be no further movement in this proposal possibly until 2018. This program expansion would have shielded up to 4 million immigrants from potential deportation and make them eligible for work permits.
To see the full story and learn how it may affect you, click here.
To help you better understand the decision in its entirety we’ve published a list of FAQs. You can read the full list and download here.
L-1A Manager Petition Approved in 12 Days
We are very proud to be able to assist U.S. employers and immigrants from all over the world achieve their goals. Here, I share another success story involving an L-1A Operations Manager-Engineering and his family coming to the U.S. as an intra-company transfer.
For the full story and learn more about how the Marks Gray Immigration team may assist you, click here.
Employers Risk High Penalties for Hiring Unauthorized Workers
The U.S. Department of Justice is planning to substantially increase the civil monetary penalties for employers who knowingly employ an unauthorized worker and for other immigration-related violations. The rule will take effect on August 1, 2016, and will apply to violations occurring after November 2, 2016.
Under the new rule, the minimum penalty for a first offense will increase from $375 to $539 per employee. The maximum penalty will increase from $3200 to $4313 per employee. The largest increase raises the maximum penalty for multiple violations from $16,000 to $21,563 per worker. Simple I-9 paperwork violations can now be assessed a maximum penalty of $2156 per individual, which is up from $1100. For unfair immigration-related employment practices, the maximum penalty will increase to $3563 per person, up from $3200.
To read about the new rule and stay up to date on potential changes, click here.
FAQ: National Visa Center (NVC) Processing
Many of our clients have to use the NVC to process their green cards. Here, I answer questions to help you understand this process. The NVC is a Department of State (DOS) facility that handles immigrant visa processing. They act as a liaison between USCIS, the green card applicant(s) and the consular post abroad. After USCIS approves your immigrant petition (I-130 or I-140), USCIS will submit your approval to NVC. It is taking NVC 30 to 45 days after they receive the USCIS approval to provide instruction on the next steps. You must wait to hear from NVC before proceeding. The next steps typically include payment of fees, submission of DS-260, collection, and submission of documents, review and communications from NVC.
Our blog post includes additional information and basic tips regarding this process.
To read and download the full list, click here.
Is your degree on the STEM designated program list?
For many of our readers, especially foreign students on F-1 status, knowing and understanding if their degree is a STEM designated degree program is critical to plan for their immigration future.
This designation can determine whether or not an F-1 student can benefit from the new 24-month STEM optional practical training (OPT) extension rule. If so, the student can remain in the U.S. training and be gaining work experience for a much longer time and have a greater chance at applying for a potential H-1B petition, sometimes two to three times, under the lottery.
To read full blog post and review the list of the latest approved STEM designated program list, click here.
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