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New U.S. Immigration Reform Initiatives (June 18, 2024)

New U.S. Immigration Reform Initiatives (June 18, 2024)

by | Jun 18, 2024 | Blog, Recent News

The White House has announced two innovative programs aimed at addressing the deficiencies in our current immigration laws. These programs are designed to provide undocumented spouses and children of U.S. citizens, who have lived in the U.S. for over a decade, with a streamlined three-year path to legal permanent residence, bypassing the lengthy and uncertain process currently in place. Additionally, DACA recipients with U.S. degrees can now pursue employment-based green cards, marking a significant shift in policy.

Program for Undocumented Spouses and Children:

  • Undocumented spouses of U.S. citizens, who have lived in the U.S. for 10 years or more, will be eligible for work authorization and a three-year path to legal permanent residence (green card status). Their minor children will also be eligible to apply. This program eliminates the need for applicants to leave the U.S. for visa processing, which under current law can take 6-10 years with no guarantee of return.
  • Applicants will apply for Parole in Place (PIP), granting legal recognition in the U.S. and a work permit. Once PIP is approved, the U.S. citizen spouse can sponsor their spouse and minor children under 21 years old for legal permanent residence.

Program for DACA Recipients:

  • DACA recipients with a bachelor’s degree or higher from a U.S. university or college will be eligible for employment-based green cards. This marks a change from current law, which does not provide a legal pathway for these individuals to seek employment-based green cards due to their illegal entry into the U.S. as children. The program requires applicants to leave the U.S. at the end of the process for a green card interview at the U.S. consulate in their home country.

Importantly, these programs still need to be implemented by the immigration agencies, so nothing has changed at this time and individuals should be aware of possible immigration/ notario fraud by people who are offering to help apply for these programs.  Also, these programs are likely to face legal challenges, similar to past initiatives. Despite this, there is strong support from various business groups, emphasizing the economic and moral imperative for sensible immigration reform. For further updates and analysis, please keep an eye on our law firm’s blog, LinkedIn or contact us.

Navigating the End of COVID-19 Flexibilities for I-9 Document Review (June 13, 2024)

Navigating the End of COVID-19 Flexibilities for I-9 Document Review (June 13, 2024)

by | Jun 13, 2024 | Blog

 

Background on COVID-19 Flexibilities

During the COVID-19 pandemic, U.S. Immigration and Customs Enforcement (ICE) allowed employers to remotely inspect I-9 documents to accommodate social distancing measures. This flexibility permitted employers to review documents via fax, email, or video conferencing. However, these temporary measures expired on July 31, 2023, necessitating a return to in-person document inspections.  As of July 31, 2023, the temporary flexibilities introduced during the COVID-19 pandemic for remote I-9 document inspection have ended. Employers must now resume the physical inspection of identity and employment authorization documents. This blog provides a comprehensive overview of the changes and offers guidance on how to ensure compliance.

Key Deadlines and Requirements

Employers had until August 30, 2023 to complete the physical inspection of documents for employees whose documents were previously inspected remotely by this date. This applies to all employees hired on or after March 20, 2020, whose documents were not physically inspected.  What steps should be taken to ensure employer compliance?

  • Identify Affected Employees: Determine which employees had their documents inspected remotely and require physical re-inspection.
  • Conduct Physical Inspections: Arrange for in-person document inspections. This can be done by a company representative or an authorized third party.
  • Form I-9: Annotate the Form I-9 to reflect the date of the physical inspection and the initials of the person who conducted it.

Alternative Procedure for E-Verify Employers

Effective August 1, 2023, employers in good standing with E-Verify can use an alternative procedure for virtual document review. This involves:

  • Collecting and securely reviewing copies of identity and work authorization documents.
  • Conducting a live video interaction to compare the documents with the individual.
  • Annotating Form I-9 to indicate the use of the alternative procedure.

Penalties for Non-Compliance

Failure to comply with the updated I-9 requirements can result in significant fines. As of February 13, 2023, fines for paperwork violations range from $281 to $2,789 per I-9 form. Employers with over 50% of their I-9s containing errors could face fines close to $2,700 per form. Factors such as employer size, good faith efforts, and the seriousness of violations can adjust fines by ±25%.

Special Considerations for Remote Employees

Employers with fully remote employees must still comply with physical inspection requirements. Options include:

  • Designating an authorized representative, such as a notary public (where permissible), a family member, or a friend, to conduct the physical inspection.
  • Utilizing third-party services that offer trained I-9 completers.

Conclusion

The end of COVID-19 flexibilities for I-9 document inspection marks a significant shift back to pre-pandemic procedures. For those enrolled in E-Verify, the new alternative procedure offers a streamlined option for virtual document review. Employers should review their I-9 processes, conduct necessary inspections, and update forms to avoid potential penalties.

For further assistance or questions regarding I-9 compliance, please contact our law firm. We are here to help you navigate these changes and ensure your organization remains compliant with federal regulations.

Getting Ready to Travel During the Holidays

Getting Ready to Travel During the Holidays

by | Dec 16, 2023 |

Whether you celebrate Christmas, Hannukah, Kwanza, New Year,,  the holidays in December are always an exciting and busy time of the year, when folks are traveling to visit loved ones or a new place. This is usually the time when foreign nationals travel to their home...

AI In Immigration Law November 2023

AI In Immigration Law November 2023

by | Nov 15, 2023 |

Harnessing the Power of AI in Immigration Law Immigration law is a complex and dynamic field that requires precise legal knowledge, extensive documentation, and efficient case management. With the growing global mobility of people, governments are facing increasing...

H-1B Visa Renewal within the United States? What is the DOS Domestic Visa Pilot Program? (January 2024)

USCIS H1B Proposal October 2023

by | Nov 15, 2023 |

Another Proposal to Modernize the H-1B Program? (October 2023) On October 23, 2023, the United States Citizenship and Immigration Services (USCIS) introduced a new proposed rule aimed at modernizing the H-1B program.  The H-1B visa for professional workers is the most...

Starting Purcell Law

Starting Purcell Law

by | Nov 15, 2023 |

Unlocking New Horizons Through My New Law Practice After two decades of dedicated service in the field of immigration law, I have embarked on an exciting new journey – opening my very own law firm – Purcell Law.  It is my unique way to unlock new horizons for myself...

Time For H-1B Registrations for FY2025: What You Need To Know (February 2024)

by | Feb 2, 2024 | Uncategorised

The U.S. Citizenship and Immigration Service (USCIS) has introduced a new H-1B registration system for FY 2025 that aims to make the process more fair and efficient for prospective H-1B workers and employers. The new system is beneficiary-centric, meaning that each unique beneficiary will be entered into the lottery only once, regardless of how many employers submit registrations on their behalf. This will reduce the incentives for fraud and abuse, and increase the chances of selection for individuals with genuine job offers. The new system also allows all employers who submitted registrations for a selected beneficiary to file H-1B petitions for them, giving the beneficiaries more flexibility and bargaining power in the hiring process.

H-1B Lottery Registration Window Opens March 6, 2024 and runs through noon EST on March 22, 2024: Employers and potential H-1B workers should prepare the necessary information and documentation for the online submission. An immigration attorney is highly recommended to assist with the process.

New Anti-Flooding Measures: Employers must certify that they have not worked with other registrants to submit multiple entries for the same foreign national. USCIS may also track lottery selections by passport number to prevent unfair chances of selection.

Understanding the Lottery Process: Employers and their attorneys must create accounts on MyUSCIS.gov and pay a $10 registration fee for each foreign national. Selected registrants will be notified by April 1, 2024 and must submit the full H-1B Petition by June 30, 2024.

H-1B Occupations and Requirements: Employers should consider entering any foreign workers who are on OPT, STEM OPT, or other nonimmigrant statuses into the lottery. The job description, salary requirements and credentials of each entry should be evaluated carefully.  Employers should consult with experienced immigration counsel before filing H-1B petitions under the new system. Please contact us if you need assistance or have questions about the H-1B registration or visa.

H-1B Visa Renewal within the United States? What is the DOS Domestic Visa Pilot Program? (January 2024)

H-1B Visa Renewal within the United States? What is the DOS Domestic Visa Pilot Program? (January 2024)

by | Jan 24, 2024 | Blog

If you are an H-1B visa holder who needs to renew your visa, you may be eligible to participate in a pilot program that allows you to apply for visa renewal within the United States. The U.S. Department of State (DOS) announced this pilot program on December 21, 2023, as a way to test its technical and operational ability to resume domestic visa renewals for certain nonimmigrant visa categories and to study the effect of this program on reducing visa wait times worldwide.

The pilot program is voluntary and limited to principal H-1B applicants who meet certain criteria, such as having a prior H-1B visa issued by Mission Canada between January 1, 2020, through April 1, 2023, or by Mission India with an issuance date from February 1, 2021, through September 30, 2021; having an approved and unexpired H-1B petition, and being eligible for an in-person interview waiver. The pilot program will run from January 29, 2024, to April 1, 2024, or until all slots are filled, whichever is sooner. Each week, DOS will release approximately 2,000 application slots for each mission. Applicants will need to complete and submit an online application form, pay a fee, and send their passports and other required documents to DOS via mail or courier service. The average processing time is expected to be 6-8 weeks from the time the passport and documents are received by DOS.

Applications will be submitted via this dedicated website and will be considered in the order received.  No status on the application will be provided other than returning of the application, or issuance or refusal of the visa, and the application status can be checked via CEAC.  This pilot program is a welcome development for H-1B visa holders who wish to avoid the hassle and uncertainty of traveling abroad to renew their visas, especially during the COVID-19 pandemic. However, applicants should be aware of the risks and limitations of the program, such as the possibility of visa refusal, the non-refundability of the fee, the lack of expedited processing, and the exclusion of H-4 dependents. Applicants should also consult with an experienced immigration attorney before applying for the pilot program to ensure they are eligible and prepared for the process.

If you have any questions about the pilot program or need assistance with your H-1B visa renewal, please contact our law firm today. We have extensive experience and expertise in handling business immigration matters, including H-1B visas. We will guide you through every step of the process and help you achieve your immigration goals.

 

Getting Ready to Travel During the Holidays

Getting Ready to Travel During the Holidays

by | Dec 16, 2023 | Blog

Whether you celebrate Christmas, Hannukah, Kwanza, New Year,,  the holidays in December are always an exciting and busy time of the year, when folks are traveling to visit loved ones or a new place. This is usually the time when foreign nationals travel to their home countries to bewith family and friends.  If you are in the U.S. working or studying on a visa, or waiting for your green card here, it’s important to plan early and to properly prepare for your international travel during the holiday season.  Here are some tips that can help you have a seamless and enjoyable trip back to the United States:

  • Check your passport expiration date and make sure it is valid for at least six (6) months after your return date. Don’t forget your children’s passports – they typically have shorter duration.  It may be very difficult to renew your passport last-minute, if you miss an upcoming expiration date.
  • Unless you are visa exempt, for your return to the U.S. as a nonimmigrant,  make sure you have a valid visa stamped in your passport. Note that you can use a visa in the same category, even if the visa was originally issued based on a different petition, if it is still valid, so long as you have the original valid I-797 approval notice for your status (H, L, TN, etc.).
  • If you are traveling on a short trip to Mexico, Canda, or another contiguous territory to the U.S. for less than 30 days, you may be able to travel with an expired visa stamp, so long as you have a valid multiple entry I-94 card or I-797 approval notice. The application of this contiguous territory rule (aka visa revalidation rule) can be confusing so please check with counsel before relying on it.
  • If you need to get a new visa stamp at the U.S. Consulate abroad while you are away, make sure you schedule your visa appointment early or follow the Consulate’s specific procedure for a visa renewal, if eligible for a interview waiver. Note that during the holiday season, many government offices worldwide will close or have reduced staff and operating hours, likely resulting in processing delays for visas over the coming weeks and into the new year.
  • If applying for a new visa stamp at the U.S. Consulate, be aware of administrative processing (aka “221g”) where Consular officers might initially refuse your visa and request additional information or conduct further background checks, which will delay the issuance of your visa with several days or even week, thus causing changes in your travel plans.
  • If you are in the adjustment of status (AOS/ I-485) process in the U.S., make sure you have a valid advance parole (AP) document in your hands before you depart the U.S. Otherwise, your departure from the U.S. may lead to an abandonment of your AOS application. There are limited exceptions to this rule if you are in H or L status in the United States so it’s important to check with your immigration counsel first.  There is also very limited possibility to expedite the issuance of the AP, if your travel is due to exceptional, unpredictable circumstances, but such an expeditious processing is discretionary and not, guaranteed.
  • If you are a foreign student or an exchange visitor on F or J visa in the U.S., make sure you have not only the F or J visa stamp for travel (unless you are a Canadian citizen) but also, a properly endorsed Form I-20 or DS-2019 by the responsible officer. If you are working as a student after graduation, you will need additional documents to carry with you for your return to the U.S.
  • Lastly, if you are in the U.S. as a nonimmigrant and have a pending application for extension of stay or change of status, you need to consult with your immigration attorney as to the impact of your departure on your pending application.

Please remember the above tips are meant only as a general information and each individual case is different, so best to check with your immigration attorney first before finalizing your travel plans or leaving on your trip. We wish you safe travels and happy holidays!