Hunton Immigration and Nationality Law Blog

USCIS and Dun & Bradstreet Announce Streamlined Process for VIBE Data Submission

Hunton & Williams LLP — Fri, 27 Jan 2012 13:25:14 -0500

Under its Validation Instrument for Business Enterprises (VIBE) program, through a data partnership with Dun & Bradstreet (D&B), USCIS verifies "business existence" for each US employer who files a petition for a foreign-national employee.

If data on the employer is unavailable in D&B, or does not match data in the employer's petition, USCIS sends the employer a Request for Evidence, asking for additional documentation of the company's business existence, which delays approval of the petition. Although a single employer is not supposed to receive a VIBE Request for Evidence more than once, immigration practitioners have found that this standard is not 100% consistent.

USCIS and D&B have now announced a streamlined process for proactively updating a company's business data before a petition is filed. This could prevent delays and additional legal fees associated with a Request for Evidence (although responding to a VIBE RFE is generally routine). Employers may wish to avail themselves of this opportunity.

DHS Extends TPS for El Salvador

Hunton & Williams LLP — Wed, 11 Jan 2012 11:25:12 -0500

DHS announced that it is extending Temporary Protected Status (TPS) for nationals of El Salvador who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve. The new extension allows qualifying individuals from El Salvador to reapply for TPS and work authorization that will be valid until September 9, 2013. The re-registration period runs until March 9, 2012. The USCIS will issue new employment authorization documents for those who timely re-register. The USCIS is automatically extending employment authorization documents bearing March 9, 2012, expiration dates for an additional six months, until September 9, 2012. This will allow TPS beneficiaries to continue working until their new employment cards are issued. The DHS press release can be found here.

USCIS Announces That H-1B Cap Has Been Reached for Fiscal Year 2012

Hunton & Williams LLP — Mon, 28 Nov 2011 08:56:13 -0500

U.S. Citizenship and Immigration Services (USCIS) announced that as of November 22, 2011, it has received sufficient H-1B petitions to reach the statutory cap for Fiscal Year 2012 (10/1/2011 through 9/30/2012). The H-1B cap applies only to petitions for new employment, and generally does not affect H-1B sponsors who request extensions or a change of employers. Cap-subject H-1B petitions received by USCIS after November 22nd will be rejected. Employers who wish to sponsor an H-1B worker should contact Hunton & Williams to determine whether an exemption from the cap may be available or to develop the best strategy for mitigating the effects of the cap being reached.

H-1B petitions for Fiscal Year 2012 may be submitted as early as April 1, 2012, for employment beginning on October 1, 2012.

State Department Struggling To Keep Up With Visa Demand In China And Brazil

Hunton & Williams LLP — Wed, 09 Nov 2011 11:23:43 -0500

Department of State Managing Director for Visa Services, Ed Ramotowski, announced yesterday that, due to their robust economies and currency strength against the U.S. dollar, 44% more U.S. visas have been issued in Brazil this year than last year and 35% more in China. DOS described its efforts to keep up with this skyrocketing demand.

Minister Counselor for Consular Affairs in China, Chuck Bennett, announced that 50 permanent consular positions will be added next year, temporary officers will be sent to manage seasonal demand, service hours will be expanded, and new interview windows will be added: 22 in Guangzhou, 20 in Shanghai, 8 in Chengdu, and 8 in Beijing. According to Bennett, a large part of the growing demand is for student visas; Chinese are now the largest group of foreign students in the United States.

Minister Counselor for Consular Affairs in Brazil, Donald Jacobson, announced that consular staff will be doubled next year, work hours have already been extended, and a large contingent of temporary officers is working to bring down the large visa backlog. Current wait times for appointments at the embassy and consulates in Brazil are as long as 3-4 months. Jacobson also commented that visa overstay rates for Brazilians are now "quite low."

Chaffetz Introduces Fairness for High Skilled Immigrants Act

Hunton & Williams LLP — Wed, 28 Sep 2011 11:01:16 -0500

On September 22, 2011, Rep. Jason Chaffetz (R-UT) introduced HR 3012 in the House. The Fairness for High Skilled Immigrants Act would eliminate the annual cap on green card numbers for employment-based immigrants and increase the cap for family-based immigrants. Currently, foreign nationals who are sponsored by their employers for permanent jobs in the US wait up to 8 or 9 years for a green card because per-country allocations -- originally set by Congress decades ago -- have never been raised to keep pace with changing economic and technological needs. The long waiting lists create additional hardship and expense for employers and employees alike. Employers who wish to contact their representatives to express support for HR 3012 may do so online at this House of Representatives link.

Diversity Visa "Green Card" Lottery Begins in October 2011

Hunton & Williams LLP — Wed, 28 Sep 2011 10:21:29 -0500

The State Department has announced the registration period for the Congressionally mandated 2013 Diversity Visa (DV) lottery. The DV lottery allows nationals from certain countries to apply for immigrant visas ("green cards") outside of the normal immigrant visa process. Individuals already being sponsored for immigrant visas by family members or employers may participate as well. Requirements include being a national of an eligible country (although an applicant may qualify based on his or her spouse's nationality) and high school education or work experience. The online registration period begins on Tuesday, October 4, 2011, at noon EST, and ends on Saturday, November 5, 2011, at noon EST. Complete eligibility requirements and filing instructions can be found HERE.

DOL Suspends Processing of Prevailing Wage Requests for Labor Certification

Hunton & Williams LLP — Thu, 11 Aug 2011 13:45:57 -0500

In late July 2011, the US Department of Labor's National Prevailing Wage Center temporarily suspended processing of Prevailing Wage Requests (PWRs) in connection with labor certification applications. The suspension also affects redeterminations and Center Director Reviews. DOL has not announced how long the suspension will last or how long it will take to clear the PWR backlog once the suspension is lifted.

In messages sent to attorneys who inquired on the status of long-pending PWRs, DOL indicated it has taken this action because it was utilizing "all Center resources" to comply with a June 15, 2011, federal court order to promulgate new regulations on prevailing wages for H-2B (seasonal) workers.

On August 1, DOL published a final rule amending H-2B wage methodology in connection with the court order. In the rule, the agency stated that fully complying with the court order will require DOL to manually issue approximately 4,000 H-2B prevailing wages, many for multiple locations, each requiring a separate determination. DOL further stated it anticipates completing this task by October 1, 2011, the beginning of the federal government's 2012 fiscal year.

A prevailing wage determination is required before an employer may file a labor certification application (the first step in an employment-based green card process). Under the American Competitiveness in the Twenty-First Century Act (known as "AC21"), H-1B workers may receive continued extensions if their employers file the labor certification application before the workers reach the last year of their maximum stay in that status. Thus, an extended delay in DOL's issuing a prevailing wage determination could make it impossible for an H-1B worker to qualify for these "AC21 extensions."

State Department Warns of Diversity Visa Lottery Scams

Hunton & Williams LLP — Wed, 20 Jul 2011 08:59:14 -0500

As the results of the 2012 Diversity Visa Lottery are released, the State Department is again warning applicants about the increase in visa lottery scams. The scams include letters notifying applicants that they have "won" and that they must quickly pay a fee in order to continue with the process. Those chosen for participation in the program will not be notified by mail; rather, applicants must check their status online, and follow the instructions for registration. The State Department's FAQs on this issue can be found HERE.

DHS Removes Countries from NSEERS Registration List

Hunton & Williams LLP — Wed, 25 May 2011 08:12:18 -0500

The Department of Homeland Security (DHS) has removed the remaining countries from the National Security Entry-Exit Registration System (NSEERS). Under NSEERS, nationals of certain predominantly-Muslim countries were required to register with DHS, and have their fingerprints and photographs taken by immigration officials. Newer systems, including the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT), are able to record the arrival and departure of foreign nationals visiting the United States, making the use of NSEERS redundant. DHS has not addressed how it will treat those in proceedings for NSEERS-related charges.

USCIS Introduces E-Verify Self-Check System

Hunton & Williams LLP — Mon, 21 Mar 2011 16:56:49 -0500

USCIS has announced a voluntary service that allows members of the public to verify their employment eligibility in the United States. E-Verify Self Check may be useful to anyone who wishes to confirm that the government's records about them are accurate, and to address any mismatches among Department of Homeland Security and Social Security Administration databases. Once employment eligibility is confirmed in E-Verify Self Check, job seekers are unlikely to experience any delays when hired by an employer that uses the E-Verify system.

Before the verification process is completed, individuals must answer a series of questions by a third party identity verification service. These questions are similar to those one would encounter when requesting a credit report, i.e., names of prior employers, prior addresses, amounts of car or mortgage payments, etc. USCIS states that none of the personal information from this "quiz" is stored in its records.

At this time, the service is only available to residents of Arizona, Colorado, the District of Columbia, Idaho, Mississippi and Virginia. Once the initial trial period is completed, the service will be available to residents of additional states.

Japanese Nationals in the US May Qualify for Special Immigration Benefits

Hunton & Williams LLP — Fri, 18 Mar 2011 13:59:28 -0500

USCIS has announced a range of benefits that may be available to Japanese nationals following the March 11 earthquake and tsunami in Japan. Those who are here on Visa Waiver, which requires departure within 90 days, may visit a local USCIS office (see USCIS Office Locator) for help in remaining longer. Those who are at US airports may visit the office of US Customs and Border Protection there. USCIS will approve changes of status and extensions that might not otherwise be approvable due to untimely filing or failure to maintain status. USCIS will also renew grants of parole, expedite applications for travel documents, expedite and approve applications for student employment authorization based on hardship and other employment authorization applications, and expedite processing of immediate relative petitions. USCIS will also coordinate with the State Department to help Japanese nationals who are permanent residents of the US and are stranded overseas without immigration documents.

98 Service Members Naturalized in Afghanistan

Hunton & Williams LLP — Tue, 22 Feb 2011 11:48:04 -0500

The US Citizenship and Immigration Services sent three officers to Kandahar, Afghanistan, to naturalize 98 soldiers, sailors and Marines. Four of the new US citizens received Purple Hearts for wounds received during their deployment. Photos from the ceremony can be viewed HERE.

USCIS to Combine Advance Parole and EADs for Adjustment Applicants

Hunton & Williams LLP — Mon, 14 Feb 2011 08:45:22 -0500

The USCIS announced that it will begin issuing combined advance parole and employment authorization documents (EADs) to adjustment of status applicants who apply for both concurrently with their Form I-485 adjustment of status applications. The new cards, which will resemble the current EADs, will be endorsed “Serves as I-512 Advance Parole”. Recipients of EADs should review them carefully to ensure they are endorsed for travel as well, otherwise they will need to have the "old style" advance parole document in-hand when departing the United States (unless they are exempt from this requirement based on their nonimmigrant visa status).

Hunton & Williams's Haiti Earthquake Advocacy Honored with 2011 National Law Journal Pro Bono Award

Hunton & Williams LLP — Tue, 18 Jan 2011 09:12:12 -0500

Hunton & Williams LLP has received The National Law Journal's 2011 Pro Bono Award, recognizing six law firms that "best reflect the pro bono tradition" The firm was lauded as one of three law firms that led the profession's response to the devastating earthquake in Haiti.

Representing Catholic Charities Immigration Legal Services, a Hunton & Williams team -- including attorney Suzan Kern and senior professional assistant Carol Schlenker of the immigration practice group -- urged the Department of Homeland Security to extend the deadline for Haitians in the United States to apply for Temporary Protected Status, and conferred with USCIS to remove obstacles to the TPS filing process.

For details, please see the announcement on the Hunton & Williams website.

USCIS Announces Procedures for Adoptions of Haitian Orphans by U.S. Parents

Hunton & Williams LLP — Tue, 18 Jan 2011 09:06:47 -0500

USCIS recently announced how the agency will implement the Help HAITI Act of 2010, which authorizes lawful permanent resident status (a "green card") for orphaned children from Haiti who were paroled into the United States after the January 12, 2010, earthquake under the "Haitian Orphan Parole Program." For more details, visit the USCIS's website on the parole program and its associated links.

USCIS Revises Employer Handbook for 2011

Hunton & Williams LLP — Wed, 12 Jan 2011 08:48:21 -0500

The USCIS has revised and released its Employer Handbook. The Handbook contains detailed instructions for completing Form I-9, which is used to verify the identity and employment eligibility of all new hires. It also contains a detailed FAQ section that answers the more common I-9 questions. Employers should ensure that all those involved in the I-9 process have a copy of the updated Handbook. A copy can be found HERE.

USCIS Suspends Export License Certification Requirement on Form I-129 Until February 20

Hunton & Williams LLP — Mon, 10 Jan 2011 13:27:55 -0500

U.S. Citizenship and Immigration Services announced recently that US employers who petition for foreign workers in the H-1B, H-1B1 (Chile/Singapore), L-1, and O-1A categories will not be required to complete Part 6 of Form I-129 until February 20, 2011. Part 6 contains the employer certification regarding licensing requirements under export controls and ITAR, recently discussed in this blog. USCIS received a number of inquiries from stakeholders requesting that the agency delay implementation of this requirement in order to give petitioners time to establish the necessary internal processes to properly satisfy the attestation requirements.

Employers Now Required To Complete Export License Certification for Nonimmigrant Workers

Hunton & Williams LLP — Fri, 17 Dec 2010 09:55:29 -0500

U.S. Citizenship and Immigration Services recently issued a new Form I-129, effective December 23, 2010. Part 6, "Release of Controlled Technology or Technical Data to Foreign Persons in the U.S.," requires an employer to certify it will not "release" controlled technology or data to an H-1B, L-1 or O-1 worker without the appropriate "export license," if one is required. Under the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), a "deemed export" occurs when controlled technology or technical data is "disclosed" or "transferred" to a foreign person, whether in the United States or abroad. This can occur when a foreign-national employee reads technical specifications, plans or blueprints or has direct access to source code; or when technology is indirectly exchanged with the employee verbally or under the guidance or supervision of others who have knowledge of the technology. To comply with the law and properly complete the new form, an employer must first classify its technology or technical data to determine if an export license is required. The EAR's Commerce Control List may be found here and the ITAR's U.S. Munitions List here. Employers who are not certain if their technology requires an export license should consult with legal counsel who has expertise in export control law.

Mexico Visa Procedures To Change In 2011

Hunton & Williams LLP — Wed, 08 Dec 2010 09:06:14 -0500

Beginning January 10, 2011, applicants for nonimmigrant visas at the U.S. embassy and consulates in Mexico must visit an Applicant Service Center (ASC) for biometrics (digital photos and fingerprints) before their visa interviews. Applicants will no longer pay separate fees to schedule an appointment, apply for a visa, and have a courier service deliver their passports. Instead, one fee will cover everything: USD140 for tourist visas, USD150 for petition-based visas (H, L, O and P), and USD390 for E treaty/trader visas. An applicant with a Mexican passport who is renewing a visa in the same category that is still valid or that expired less than one year ago will not have to attend a visa interview as long as he/she has no history of criminal or immigration problems and does not hold a passport from another country that is not a Visa Waiver country. For additional information, see the website of the US embassy in Mexico City or the embassy's press release.

Anti-Fraud Enhancements to E-Verify Announced by DHS

Hunton & Williams LLP — Thu, 11 Nov 2010 13:36:48 -0500

DHS announced the expansion of the E-Verify system with regard to new hires presenting US passports and passport cards during the I-9 process identification and employment eligibility process. This new enhancement allows employers to instantly verify the validity and authenticity of US passport and passport cards, and is intended to strengthen the ability to detect fraudulent documents. According to DHS, 10% of employees subject to E-Verify present US passports for I-9 purposes.