July 2016 Immigration Bulletin is Out!

DACA(+), DAPA, and Summer Fun - July 2016 Immigration Newsletter

by Giselle Carson

Marks Gray Immigration Attorney

Shareholder 

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.

Connect with Giselle on LinkedIn for More Immigration Updates!

Immigration FAQs answered by Giselle Carson

Shareholder Giselle Carson Answers the most Frequently Asked Questions regarding the Immigration process and filings 

In an effort to assist you and save you time during the Immigration process, the Marks Gray Immigration Team has compiled a list of some of the most frequently asked questions on immigration topics. For more detailed information about any of these subject, please contact the Marks Gray team. 

• FAQ: National Visa Center Processing
• Alternatives to Cap-Subject H-1B Petitions
• Document Retention for Employers
• Electronic Travel Authorization (eTA)
• General Instructions for Consular Processing
• H-1B Preparation - Staying Ahead of the Game
• Labor Certification Process:The First Step to an Employment Based "Green Card"
• Perm Recruitment
• Student Options for Visa Extensions 

For the full list of FAQs, visit Giselle's Immigration site. 

March Immigration Bulletin is Out

March 2016 Immigration Bulletin Highlights 

by Giselle Carson, Esq.

Hello, and Welcome to our March Immigration Update!

As an immigration attorney and two-time immigrant, I am often asked to share my thoughts on America’s immigration policies, particularly now, when immigration has been a hot-button issue on the presidential campaign trail. Regardless of your thoughts on the current immigration proposals, the issues and values surrounding immigration frame our nation and affect us all.

Successive waves of immigrants have kept our country young, enriched and innovative. Many of these immigrants give me strength and serve as an inspiration. Celebrate with me the contributions and successes of some of these remarkable people. Read more...

While celebrating inspirational people, we’d like to congratulate one of Marks Gray’s own! We are pleased to announce that Marks Gray attorney, Mary Bland Love, received the 2016 Ehrlich Trial Advocacy Award from the Jacksonville Bar Association. The Award recognizes a lawyer from the local legal community whose career has embodied those qualities to which trial lawyers aspire. Ms. Love is the first woman to ever receive the award. Read more...

To stay updated on current immigration issues, we invite you to subscribe to our blog. 

Thank you for your readership, support and referrals.

Cheers!



Giselle Carson

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DHS Releases New 24-Month STEM OPT Extension Rule

The new 24-month STEM OPT Extension rule is helping employers and students who are trying to secure a new H-1B visa breathe a sigh of relief as they now potentially have 3 years of opportunities for filing. However, this extension comes with new requirements that both employers and students must be prepared to fulfill. Below are some highlights of the rule:

1) OPT STEM increases from 17 to 24 months beyond the 12-month post-graduation OPT generally allowed. (Effectively providing 36 months of OPT.)
2) Students who subsequently enroll in a new academic qualifying program may now earn another 24-month STEM OPT extension.
3) The student must be employed by an E-Verify registered employer.
4) The rule will continue to provide cap-gap relief and enable students to extend their F-1 status and employment authorization until October 1 if they filed a cap-subject H-1B on time.
5) It is only available to students with qualifying STEM degrees from accredited schools.
6) The employer and student must develop formal training plans that identify the objectives to be accomplished during the OPT training period.
7) The F-1 student may only remain unemployed during the initial 12-month for up to 90 days, and the new rule allows for an additional 60 days (for a total of 150 days) for those on STEM OPT extension.

This new rule will replace the existing 2008 interim final rule, and will take effect on May 10, 2016. To stay up to date on this extension rule, visit our blog. 


H-1B Visa Season Fast Approaching

On April 1, 2016, the new H-1B season begins, which means employers can file petitions for professional foreign workers with bachelor’s degrees or equivalent experience.

This year, the demand for new H-1B visas is again expected to be high and the cap is likely to be met. Employers have the first five days following the opening of filing to file their petitions. If you are considering filing a new H-1B petition, please contact us immediately as the timeline is very short and there is a significant amount of work that needs to be done prior to filing.


Proposed Elimination of the 90 Day EAD Adjudication

One of the most concerning proposals of USCIS’ “improvements” affecting high-skilled immigrant workers is the removal of the 90-day time frame for USCIS to adjudicate an Employment Authorization Document (EAD). Instead, USCIS proposes to allow for automatic extension of EAD’s in some limited cases as outlined below.

The proposal provides for the automatic extension of employment authorization for 180 days for certain categories so long as the I-765 application is for the same employment authorization category; the application is filed before the expiration of the EAD; the applicant remains eligible for employment authorization after the expiration of the current EAD; and the employment authorization is not dependent on any other approval/process.

This extension will only be available to 15 categories of employment authorization, including adjustment of status applicants.  However, this extension will not be available to the employment authorized dependent spouse categories, such as H-4, L-2, and E-2/-1.

The comment period for this proposal ended February 29, 2016. USCIS is expected to have received a significant amount of comments which it needs to evaluate. We will continue to follow this proposal and provide updates.


O-1 Extraordinary Ability Memo Provides New Clarity for Professional Athletes and other Qualified Fields

USCIS issued a memo to clarify and expand when an employer may submit comparable evidence for the O-1A Extraordinary Ability work visa. This visa classification is used to provide work authorization to highly qualified individuals in the sciences, arts, education, business or athletics, among other fields.

Before this memo, an employer had to prove that none of the other O-1 qualifying criteria was applicable before the employer could submit "alternative or comparable evidence." Under this memo, the employer "must only show that a particular criterion does not readily apply to the beneficiary’s occupation" before the employer can offer comparable evidence. The employer will not be required to show that all or a majority of the criteria does not apply before comparable evidence may be considered.  However, the employer will need to explain why a criterion does not apply and why alternative evidence is comparable. This clarification will allow professional athletes to have greater flexibility in satisfying the O-1 visa criteria. 

For more information on the visa options for Pro Athletes and other highly skilled professionals, check out our blog.


Visa Waiver Program (VWP) Further Restrictions

The VWP is used by nationals from 38 qualifying countries to travel to the U.S. visa free using the Electronic System for Travel Authorization (ESTA). In 2014, about 20 million people visited the U.S. using the VWP.

However, in mid-February, the Department of Homeland Security announced that it is continuing to make changes restricting the use of the VWP.

The new changes restrict the travel of dual nationals who are citizens of both a VWP country and nationals of Iran, Iraq, Sudan, Syria, Libya, Somalia and Yemen. These individuals will no longer be able to travel to the U.S. using ESTA and will have to apply for a visa at a consular post abroad before traveling to the U.S.

This new rule will also apply to individuals of a VWP country who have traveled to or been present in these seven countries on or after March 1, 2011. 

To see the full newsletter, visit our Immigration News Page. 

To subscribe to the newsletter, please email marketing@marksgray.com with the subject line "Subscribe to Immigration Bulletin."