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MVP Law Group
News You Can Use
January 2018
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10632 Little Patuxent Parkway
Suite 406
Columbia, Maryland 21044
240-390-0600
1-800-447-0796
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Greetings,
"Throughout our history, immigration to this land has contributed greatly to the strength and character of our Republic. Over the years we have provided for such immigration because it has been to our own national interest that we do so." -- Dwight D. Eisenhower
Our outdated immigration system has hobbled our economy but these executive orders and POTUS' expanded deportation force WILL NOT give us the smart balanced immigration system we need. These policies and his administration's actions have done little to improve national security and have already created enormous delays for people coming to the U.S. His policies and actions have placed discrimination based on faith and national origin on the books. We cannot stand idly by and let this happen. This path is not good for our country or the immigrants who call America home. We will not stand for abridgement of due process or human rights by this or any administration.
Senators and Representatives want to hear from you, their constituents, they NEED to hear from you. NOTHING will change without real stories from YOU! CONTACT YOUR SENATORS AND REPRESENTATIVES TODAY! Make a plan - write a letter, send a postcard, or call their office, once a month, or once a week, make a plan that WORKS FOR YOU!
PLEASE Call your Representatives and Senators, regardless of where you live, they should hear from you and know what you won't stand for -
Rumored Changes by the Trump Administration affecting Business Immigration:
I.
Employment Authorization for Certain H-4 Dependent Spouses (H-4 Rule)
i. The H4 EAD Rule became effective as of May 26, 2015, essentially giving certain H4 dependent spouses the ability to seek out and commence employment with a U.S. employer or start their own business
ii. History of Lawsuit Challenging H4 EAD Rule -
- A few weeks before the rule came into effect, Save Jobs USA filed a lawsuit seeking to stop the rule because: (i) a regulation passed the rule rather than going through the legislative process; (ii) the group filing the lawsuit had been displaced by H-1B workers; and (iii) the group faces more competition from EAD workers
- The Court sided with the Obama Administration and ruled that Save Jobs USA did not establish its argument
- After Trump was elected, Save Jobs USA then filed an Appeal of the Court's decision with the US Court of Appeals in the District of Columbia.
- Multiple motions were filed to delay the lawsuit while the Department of Homeland Security could review Trump's new executive order and assess how to move forward with the H4 EAD. Save Jobs USA and DHS had until January 2, 2018 to file motions to govern further proceedings. DHS wanted to hold the case in abeyance until July 2018 while Save Jobs USA wanted to prevent this abeyance and have oral argument.
- Instead of defending the lawsuit, information has been released that DHS will cancel the H4 EAD; however, the process for cancelling will take a few months.
- DHS has indicated that in February 2018 they will provide through a 60-day notice and comment period, details concerning the cancellation of the H4 EAD regulation. In addition, there is a 30 day period to reconcile those comments. After reconciliation they will publish a final rule with an effective date in the federal register.
- The American Immigration Lawyer Association (AILA) and various business groups are already promising to block the regulation with lawsuits.
iii. At this time, until further notice, the H4 EAD regulation remains in effect. Qualified Applicants are encouraged to apply and/or renew their EAD, if they are eligible.
II. H-1B Extensions Pursuant to AC21
i.
Under current law, the American Competitiveness in the Twenty-First Century Act (AC21) has two provisions, section 104(c) and section 106(a), which enable DHS to grant an H-1B extension to an H-1B worker who has reached the six-year limit if certain milestones in the LPR process have been met.
ii.
DHS is reportedly looking at whether it can stop approving H-1B extensions for H-1B workers who meet the requirements of section 104(c), by reinterpreting the "may grant" language as discretionary, and therefore that DHS may, but is not required to, approve such H-1B extensions.
iii.
Relevant Statutory Language:
- Section 104(c) provides that the DHS Secretary "may grant" such an extension to an eligible H-1B worker who meets the requirements of this section until the adjustment of status application has been adjudicated.
- Section 106(a) provides that the maximum six-year limit "shall not apply" to an H-1B worker who meets the requirements of this section and that the DHS Secretary "shall extend" the stay in one-year increments until such time as a final decision is made on the H-1B worker's adjustment of status application.
iv. The above provision, with its use of the word "shall," should be read as mandatory, and thus DHS would be required to approve the extension for those H-1B workers who met the requirements of section 106(a). As such, H-1B workers who could be able to continue to extend their H-1B status under section 106(a) of AC21, provided they have met the required milestones in the LPR process. This is even true for H-1B workers, who initially potentially be impacted by the reported proposed changes to AC21 section 104(c) should did not meet the requirements of section 106(a) but who now, through the passage of time, qualify for the one-year extension.
v. T
o date, DHS has not issued a proposed regulation or formal announcement regarding its intention to change its long-standing practice in adjudicating H-1B extensions under AC21.
vi.
For DHS to implement such a change, it would need to issue a proposed regulation and follow the notice and comment rulemaking procedures set forth in the Administrative Procedure Act. That could take months. Any policy change before that could be subject to litigation. Moreover, any final rule could also be subject to litigation.
vii.
At this time, until further notice,
section 104(c) and section 106(a) of AC21
remain in effect. Qualified Applicants are encouraged to apply and/or extend their H-1B status pursuant to section 104(c) and section 106(a).
****As of January 8, 2018 =
USCIS stated to McClatchy DC that the agency is not considering changing its interpretation of section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), which provides for H-1B extensions beyond the six-year limit for H-1B workers who have reached certain milestones in the green card process. USCIS went on to note that "such a change would not likely result in these H-1B holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead." USCIS did, however, indicate that the agency is considering a number of policy and regulatory changes to carry out the President's Buy American, Hire American" executive order, including conducting a "thorough review" of employment-based visa programs.
What's been happening in Immigration -
December 9, 2017 - In the President's
weekly address
,
he referenced Kate Steinle's death and condemned Sanctuary Cities. He stated that her death could have been avoidable if San Francisco had been a "Sanctuary for Americans- not for criminal aliens." The suspect in Kate Steinle's death was found not guilty, acquitted of murder and manslaughter charges.
December 14, 2017 - The USCIS released a
statement
announcing that they will begin accepting applications under the International Entrepreneur Rule. This rule allows international entrepreneurs to apply for parole in the United States to grow and establish businesses. Parole is granted on a case-by-case basis, and only when an individual demonstrates humanitarian need or significant public benefit.
December 15, 2017 - The White House released
information
on chain migration and takes a stance on it, the title being "It's Time to End Chain Migration." It states that chain migration undermines national security and it includes statistics on immigration and how many people are admitted under the basis of "family ties," ultimately taking the stance that Chain Migration and the Visa Lottery should end.
December 15, 2017 - The USCIS has released a
statement
reporting that the re-registration period for Nicaraguans with Temporary Protected Status is now open. The statement also states that TPS Nicaragua is ending in January 2019 and that those who wish to re-register must submit Form I-821 and Form I-765 for a new Employment Authorization Document.
December 18, 2017 - The USCIS
announced
that it is clarifying its policy on what work activities USCIS officers should consider when determining if an individual qualifies for TN nonimmigrant status as an Economist. Clarification includes the definition of an economist and states that those applying for TN nonimmigrant status must primarily partake in work consistent with the work of economists. Individuals who conduct work primarily in other occupations are not eligible.
December 18, 2017 - The Trump administration has announced a
"National Security Strategy to Advance America's Interests."
This strategy includes plans to strengthen border security, immigration system reform, a layered missile defense system, and to strengthen the American military in order to "protect the homeland, the American people, and American way of life, promote American prosperity, preserve peace through strength, and advance American influence."
December 19,2017 - The USCIS released a
statement
reporting that in order to increase transparency, they have updated their
Electronic Reading Room
disclosing policy documents and correspondence with the government and their responses.
December 21, 2017 - The USCIS
reported
that they have reached the H-2B cap for the first half of the fiscal year 2018. They have and will reject H-2B petitions received after December 15 that request an employment start date before April 1, 2018. The USCIS will continue to accept H-2B petitions exempt from the cap including H-2B workers petitioning to extend their stay, change terms of employment, or change employers, fish roe processors, technicians and/or supervisors, and workers in the Commonwealth of Northern Mariana Islands or Guam from November 28, 2019 until December 31, 2019. The USCIS is currently accepting petitions under the cap for the second half of the fiscal year with employment dates on or after April 1, 2018. As of January 1, 2018, the Department of Labor had received 4,500 requests for over 81,000 H-2B visas, with only 33,000 visas available for the 2nd half of the fiscal year.
December 21, 2017 - The USCIS updated its
policy
on determining Cuban citizenship. The USCIS will no longer accept documents of an individual's birth to a Cuban parent as sufficient evidence of Cuban citizenship. They will continue to accept valid Cuban passports and Cuban Civil Registry documents as proof.
December 22, 2017 - The USCIS reported that due to staff reductions at the U.S. Embassy in Havana, it will temporarily end operations in Havana. The USCIS has released a
statement
including filing instructions for individuals in Cuba who are filing a petition for Form I-130, I-131A, I-407, I-730, or N-400.
January 3, 2018 - The USCIS released a
statement
updating its policy on proxy vote use in the L1 Intracompany Transferee Context. The policy now states that a proxy vote must be final to establish the necessary control of a company in an L-1 visa petition.
January 4, 2018 - The White House released
remarks
by President Trump and Vice President Pence in a meeting with the republican members of the senate, on immigration. The meeting consisted on topics including chain migration, the visa lottery, the wall, and providing ICE officers with more resources
January 8, 2018 - The Secretary of Homeland Security announced her decision to terminate Temporary Protected Status for nationals of El Salvador. The effective date of termination is September 9, 2019.
January 9, 2017 - The White House released
remarks
by President Trump and bipartisan members of congress on the topic of immigration. The topics discussed at the meeting were similar to the one with Trump, Pence, and republican members of the senate. This meeting, however, was focused more towards DACA and how any legislation of DACA must include a wall, end chain migration, and end the visa lottery.
As the Department of Homeland Security (DHS) continues to attack the Immigrant population, local nonprofits could use your support. If you are interested in helping either by volunteering your time or making a monetary contribution, on a nationwide level or locally, please reach out to the following organizations:
NATIONWIDE:
In other immigration news, the U.S. Department of State (DOS) Visa Bulletin for January 2018 is now available. The cutoff date movement is consistent with earlier predictions. The cutoff date for the EB2 category for India moved from 11/1/08 to 11/22/08 and EB3 moved from 10/15/06 to 11/1/06. The cutoff date for the EB2 category for Chinese Nationals moved from 7/1/13 to 8/8/13 and the cutoff date for the EB3 category for Chinese Nationals moved from 3/8/14 to 4/15/14.
We hope you continue to read our newsletter as well as our blog in order to stay in touch and obtain important information concerning changes to the regulatory environment and new trends in the adjudication of petitions.
Kellie N. Lego, Esq.
MVP Law Group, P.A.
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AILA Statement - AG Sessions Cites Flawed Facts in Missive on the Immigration Court System
The American Immigration Lawyers Association (AILA) released a statement on Wednesday, December 6, 2017, condemning recent attacks by Attorney General Jeff Sessions on the immigration court system and the immigration attorneys who work to protect the rights of immigrants. Benjamin Johnson, AILA Executive Director stated, "Once again, the Attorney General cites flawed facts to castigate the immigration bar for the significant case backlog and inefficiencies in our immigration court system..." Read more |
Thousands rally outside U.S. Capitol to demand DACA solution; Md. lawmakers arrested
On Wednesday, December 6, 2017, thousands of protesters gathered outside of the U.S. Capitol to demand legislation to protect young, undocumented immigrants from the Consideration of Deferred Action for Childhood Arrivals (DACA) program that President Obama implement using a Presidential Executive Order and President Trump recently canceled! The cancellation of the DACA program leaves approximately 800,000 former DACA recipients legally unprotected and soon with no legal way to working. Their work permits will expire starting March 5.
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About Our Law Firm
MVP Law Group, P.A. offers Business Immigration Services to Employers and Individuals World Wide. We deal primarily with Business Immigration by assisting clients in obtaining Temporary Work Visas; Preparing and Filing Employment Based and Family Based Immigrant Petitions; Aiding Lawful Permanent Residents in Attaining Naturalization; and ensuring compliance with Immigration laws by conducting internal audits for businesses in all industries.
U.S. Immigration Law is federal in nature (i.e., No State or provincial law is involved), therefore, our firm is able to provide U.S. Immigration Law Services to clients ANYWHERE in the United States and around the World.
MVP Law Group, P.A. 10632 Little Patuxent Parkway
Suite 406
Columbia, Maryland 21044
240-390-0600 1-800-447-0796 Keep In Touch With Us!   
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| PERM Processing Priority Dates (As of 1/10/18)
| PROCESSING AREA |
MONTH |
CALENDAR YEAR |
| Analyst Reviews |
Aug. |
2017 |
| Audits |
May
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2017 |
| Requests for
Reconsideration |
Dec. |
2017 |
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JAN. 2018 VISA BULLETIN
The Department of State has released its latest Visa Bulletin.
The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: "Application Final Action Dates" (consistent with prior Visa Bulletins) and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).
Read more
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MVP LAW GROUP - Immigration Q&A Forum
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MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
Question #1 - Unlawful Presence in USA
I cannot remember the specifics regarding unlawful presence towards the 3 yr and 10 yr bars, can you provide those time periods?
Answer #1 -
If an applicant remains in the US unlawfully (without authorization) for more than 180 days, they may be subject to the 3 year bar. If an applicant remains in the US unlawfully (without authorization) for more than 365 days (1 year), they may be subject to the 10 year bar.
Question #2 - H-1B Nonimmigrant Work Visa
Does the time on my H-1B visa start the day that is approved or when I first enter the U.S. using it?
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