Are you aware of the Trump administration’s plans to change legal immigration policies that will impact many foreign born professionals and their employers?
Join us for a webinar, “Immigration 2018: A Look at the Year Ahead for Healthcare Employers and Professionals,” for the information you need to know to prepare for these important changes.
Date: Wednesday, January 17, 2018
Time: 11:30 a.m.CT/12:30 p.m.ET/10:30 a.m. MT/9:30 a.m. PT
Length: 1 hour
Registration is required. Click below to reserve your seat.
Yes, reserve my spot
Forced by a federal court order, the Trump administration finally announced that it will accept applications pursuant to the international entrepreneur parole rule (IER). The Obama-era rule was set to go into effect in July 2017, but was delayed by the current administration. This announcement should be good news for immigrant innovators who planned to apply for this opportunity to start-up their businesses in the U.S.
Unfortunately, this “victory” is short-lived. In the same announcement, the Department of Homeland Security (DHS) confirmed that it plans to end the IER almost as soon as it started, stating “[w]hile DHS implements the IER, DHS will also proceed with issuing a notice of proposed rulemaking (NPRM) seeking to remove the Jan. 17, 2017, IER. DHS is in the final stages of drafting the NPRM.”
Considering the administration’s hostility to this rule and plans to end it, it’s my predictions that applicants are unlikely to win an approval. If you are willing to risk the fees and time to apply, you can find information about the procedure and costs at the USCIS website page.
USCIS announcement on October 2, 2017:
WASHINGTON – Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using a single form – the updated Form I-765, Application for Employment Authorization.
To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA. Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.
The revised USCIS form includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office. Starting today, USCIS will transmit the additional data collected on the form to the SSA for processing. Moving forward, applicants who receive their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.
EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. SSNs are used to report wages to the government, and to determine an individual’s eligibility for certain benefits. USCIS encourages all U.S. employers to verify the employment eligibility of all new hires through E-Verify.
USCIS announcement on 10/3/2017:
H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, engineering, and mathematics. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-calendar day processing time. If that time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application….
Details about premium processing are found at the USCIS website.
On September 24, 2017, the Trump administration imposed new travel restrictions on foreign nationals seeking to enter the United States from eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Starting October 18, 2017, the travel ban applies to individuals of the designated countries who: (1) are outside the U.S. on the applicable effective date ; (ii) do not have a valid visa on the applicable effective date; and (iii) do not qualify for a reinstated visa or other travel document that was revoked under the President’s earlier travel ban.
Although the new travel ban goes into effect on October 18, 2017, the ban is effective immediately for anyone whose entry to the U.S. was covered by the previous travel ban (i.e., nationals of Iran, Libya, Somalia, Syria and Yemen who do not have a bona fide relationship with a person or entity in the United States). After October 18, 2017, citizens of Iran, Libya, Somalia, Syria, and Yemen are NOT exempt from the new travel ban even if they have a “bona fide relationship” with a U.S. person or entity.
The new travel ban does not apply to:
- lawful permanent residents of the U.S.
- individuals admitted to or paroled into the U.S.
- those with a document other than a visa that allows them to travel to the U.S. if the document is dated on/after the effective date of the new travel ban (such as an advance parole travel document)
- dual-nationals traveling on a passport from a non-designated country
- individuals traveling on diplomatic visas, NATO visas, C-2/U.N. visas, or G-1, G-2, G-3 or G-4 visas
- individuals granted asylum
- refugees already admitted to the United States, or
- individuals granted withholding of removal, advance parole, or protection under the Convention Against Torture.
A waiver is available if an individual can show that being denied entry would cause undue hardship to the individual, that their entry would not pose a threat to U.S. national security or public safety and that their entry “would be in the national interest.”
The new country-specific travel bans are indefinite.
If you are national of any of these restricted countries, consult with a qualified immigration attorney before making any travel plans.
The New Mexico J-1 Visa Waiver Program application cycle is set to open this Friday, September 1, 2017.
Please be sure ALL application components are included before submitting application packets. New Mexico is a first come, first serve program and does not reserve slots.
U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or higher.
Premium processing will resume for petitions that may be exempt from the cap if the H-1B petitioner is:
* An institution of higher education;
* A nonprofit related to or affiliated with an institution of higher education; or
* A nonprofit research or governmental research organization.
Premium processing will also resume for petitions that may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity.
Starting today, those cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Nonimmigrant Worker. Form I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition.
USCIS previously announced that premium processing resumed on June 26 for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program as well as interested government agency waivers.
USCIS plans to resume premium processing of other H-1B petitions as workloads permit. USCIS will make additional announcements with specific details related to when we will begin accepting premium processing for those petitions. Until then, premium processing remains temporarily suspended for all other H-1B petitions. USCIS will reject any Form I-907 filed for those petitions, and if the petitioner submitted one check combining the Form I-907 and Form I-129 fees, USCIS will have to reject both forms.
From the USCIS Press Release
A recent email from USCIS:
From January 5 through March 28, USCIS began sending some cases between service centers in order to balance workloads. We have updated our Workload Transfer Updates page with this information:
- Some Forms I-765, Application for Employment Authorization, for F, M, and J nonimmigrants went from the California Service Center (CSC), the Nebraska Service Center (NSC) and the Texas Service Center (TSC) to the Potomac Service Center (PSC).
- Some Forms I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants went from the VSC to the CSC
- Some Forms I-129, Petition for a Nonimmigrant Worker, for petitioners requesting H-1B nonimmigrant classification went from the VSC to the CSC
- Some Forms I-130, Petition for Alien Relative, for immediate relatives went from the NSC to the PSC and the TSC
- Some Forms I-129, Petition for a Nonimmigrant Worker, for petitioners seeking L, O, and P nonimmigrant classification went from the VSC to the CSC (except for major league sports-related P petitions which will remain with the VSC)
- Some Forms I-129S, Nonimmigrant Petition Based on Blanket L Petition, for L nonimmigrant classification when from the VSC to the CSC
- Some Forms I-539, Application to Extend/Change Nonimmigrant Status, for applicants seeking the L-2, O-3, and P-4 nonimmigrant classifications that are filed together with Form I-129 went from the VSC to the CSC (except for major league sports-related P petitions which will remain with the VSC)
- Some Forms I-765, Application for Employment Authorization, for applicants seeking L-2 status went from the VSC to the CSC
We received the following email from the USCIS about a form I-9 glitch:
If you used Form I-9, Employment Eligibility Verification, that you downloaded between Nov. 14 and Nov. 17, 2016, review them to ensure your employees’ Social Security numbers appear correctly in Section 1. There was a glitch when the revised Form I-9 was first published on Nov. 14, 2016. Numbers entered in the Social Security number field were transposed when employees completed and printed Section 1 using a computer. For example, the number 123-45-6789 entered in the Social Security number field would appear as 123-34-6789 once the form printed. Employers using a Form I-9 that contains this glitch should download and save a new Form I-9 at uscis.gov/i-9.
Employers who notice their employees’ Social Security numbers are not written correctly should have their employees draw a line through the transposed Social Security number in Section 1, enter the correct Social Security number, and then initial and date the change. Employers should include a written explanation with Form I-9 about why the correction was made in the event of an audit.
USCIS immediately repaired and reposted the form on Nov. 17, 2016.
Badmus commentary: Employers should be aware, however, the social security number on the I-9 form is optional. In other words, employees are not required to provide their social security number on the form unless the employer participates in the E-Verify program. Also, if the employee does not yet have a social security number but are work eligible, he or she can work while waiting for the number. The USCIS specifically advises: “You may not ask employees to provide you a specific document with their Social Security number on it. To do so may constitute unlawful discrimination.” USCIS Handbook for Employers
USCIS is reminding the public that the designations of Temporary Protected Status (TPS) for Guinea, Liberia, and Sierra Leone terminate effective May 21, 2017.
To provide sufficient time for an orderly transition, the Department of Homeland Security gave beneficiaries under these three designations 8 months advance notice of the expiration by publishing 3 notices in the Federal Register on Sept. 22, 2016 (one for each country). These notices urged individuals who did not have another immigration status to use the time before the terminations became effective in May to prepare for and arrange their departure from the United States or to apply for other immigration benefits for which they may be eligible.
Although TPS benefits will no longer be in effect starting May 21, 2017, TPS beneficiaries will continue to hold any other immigration status that they have maintained or acquired while registered for TPS. Individuals with no other lawful immigration status on May 21, 2017, will no longer be protected from removal or eligible for employment authorization based on TPS.
TPS-related Employment Authorization Documents issued under the Guinea, Liberia, and Sierra Leone designations are only valid through May 20, 2017, and will not be renewed or extended.
After reviewing country conditions and consulting with the appropriate U.S. government agencies, former Secretary of Homeland Security Jeh Johnson determined that conditions in Guinea, Liberia, and Sierra Leone no longer support their designations for TPS. The widespread transmission of Ebola virus in the three countries that led to the designations has ended.
Additional information about TPS is available at uscis.gov/tps.
(From the USCIS press release)