Volume Eighteen, Number Five

SHUSTERMAN’S IMMIGRATION UPDATE is the Web’s most popular e-mail newsletter regarding U.S. immigration laws and procedures with over 40,000 subscribers located in more than 150 countries. It is written by a former INS Trial Attorney (1976-82) with over 30 years of experience practicing immigration law.

Published by the Law Offices of Carl Shusterman, 600 Wilshire Blvd, Suite 1550, Los Angeles, California, 90017. Phone: (213) 623-4592 x 0.

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Client Reviews

Newsletter US Immigration Update May 2013

TABLE OF CONTENTS:

1. Comprehensive Immigration Reform: What You Need to Know
2. The H-1B Cap Has Been Reached, Are You “Cap-Exempt”?
3. Shusterman’s Upcoming Immigration Law Seminars
4. Understanding the New I-94 Arrival-Departure System
5. Success Story: Is It Unauthorized Employment to Run a Business?
6. Immigration Trivia Quiz: Immigrant Fashion Designers
7. State Department Visa Bulletin for May 2013
8. Immigration Government Processing Times
9. Ask Mr. Shusterman: Who Wants to Be a Millionaire? (On Avvo.com)
10. Winner of Our April 2013 Trivia Quiz!

NEWS FLASHES

• Country Reports on Human Rights Practices – On April 19, Secretary of State John Kerry submitted the 2012 Country Reports on Human Rights Practices to Congress. These reports are relevant to many types of applications for immigration benefits, particularly asylum, withholding of removal and applications where hardship would occur if the applicant and/or his family were forced to return to their country of origin. We link to all State Department Human Rights Reports since 1993 from our Asylum page.

• Court Orders DHS to Provide Representation to Mentally Disabled Detainees – In Franco-Gonzales v. Holder, a class action lawsuit, a Federal District Court Judge ordered ICE and EOIR to provide legal representation to mentally disabled detainees in Arizona, California, and Washington who are facing deportation.

• Dealing with the New I-9 Form – USCIS’ new Form I-9, becomes mandatory for employers on May 8. The 2-page form, while created to clear up many ambiguities of the older version, is likely to cause many headaches for HR executives as several fields are more complicated than they seem and errors could lead to fines or penalties. For more information, please see Employers Beware: The I-9 Dragon Grows a Second Head!

• DHS 2012 Report on Refugees and Asylees – The Department of Homeland Security (DHS) has published its annual flow report on the number and characteristics of refugees and asylees who were granted admission into the US in 2012.

• EOIR Forwarding Asylum Applications to DOS is Made Discretionary – Pursuant to a regulation published by the Department of Justice (DOJ), the Executive Office for Immigration Review (EOIR) will only forward asylum applications for consideration by the Department of State (DOS), Bureau of Democracy, Human Rights, and Labor on a discretionary basis. Currently, EOIR forwards to DOS all asylum applications that are submitted initially in removal proceedings before an immigration judge. For example, under the new rule, an Immigration Judge may forward an I-589 application in order to find out whether DOS has information relevant to the applicant’s eligibility for asylum.

• DOMA Class Action Lawsuit – On April 19, Federal District Court Judge Consuelo Marshall decided that the plaintiffs in a class action lawsuit challenging the constitutionality of the Defense of Marriage Act (DOMA) as applied to immigrants have standing and can move forward on a nationwide level on behalf of “all members of lawful same-sex marriage who have been denied lawful status or related benefits” under DOMA.

• H-1B Visa Lottery – On April 5, USCIS announced that they had received over 124,000 H-1B petitions, far exceeding the annual 85,000 caps. As a result, they held two lotteries to select petitions on a random basis. I was quoted in a recent article in the Los Angeles Times: “It’s stupid to have a quota. We should let the market decide how many people are going to come in every year.”

• Immigration “How-To” Videos – Our 40+ “How-To” Immigration Videos have been viewed over 420,000 times. Subjects include the newly-introduced immigration reform bill, how to obtain a green card, become a U.S. citizen, win your case in immigration court and select an immigration attorney. Our video Green Cards through Marriage has been viewed over 155,000 times. We encourage you to take advantage of this free resource.

• J-1 Cultural-Exchange Program Questioned – A recent Wall Street Journal article called into question the use of the J-1 cultural exchange program which some companies have been using to obtain cheap labor. In the article, I voiced my concern about abuse of the program: “Since when is flipping burgers a cultural exchange?”

• Lawsuit Challenging DACA Likely to Succeed – On April 23, Federal District Court Judge Reed O’Connor indicated in a written order that he was likely to agree with the ICE agent plaintiffs’ claims in a lawsuit challenging the legality of President Obama’s Deferred Action for Childhood Arrivals (DACA) process, claiming that it violates federal law.

• Supreme Court: Drug Distribution not Always Aggregated Felony – On April 23, the Supreme Court ruled in Moncrieffe v. Holder that if an immigrant’s distribution of marijuana does not involve either the possession of a substantial amount or the selling of the drug, then it does not constitute an aggregated felony, which would put an immigrant at an increased risk of deportation.

• TPS Extended for Hondurans and Nicaraguans – DHS Secretary Napolitano extended Temporary Protected Status (TPS) for Hondurans and Nicaraguans by an additional 18 months, beginning July 6, 2013 and ending January 5, 2015.

• USCIS to Implement Customer Identity Verification at Field Offices – Beginning on May 6, USCIS will implement it’s Customer Identity Verification program at their field offices for national security reasons and to prevent identity fraud. Individuals will need to submit finger prints and photo identification when attending interviews at USCIS offices.

1. Comprehensive Immigration Reform: What You Need to Know

On April 17, the bipartisan “Gang of Eight” introduced a Comprehensive Immigration Reform bill (S.744) in the U.S. Senate. Since then, the Senate Judiciary Committee has held two public hearings on the bill.

The bill is 844 pages in length, and in addition to providing a Pathway to Citizenship to 11 million undocumented persons, it would overhaul the way foreign-born individuals qualify for green cards through employment and through their family members who are U.S. citizens or permanent residents.

This article summarizes the proposed changes to the law in each of the following three areas. For a more in-depth look at: (1) the Pathway to Citizenship; (2) Changes in the Employment-Based System; and (3) Changes in the Family-Based System, please see our blog posts about these issues and our English and Spanish videos about the Pathway to Citizenship.

Bear in mind that there is no new law at this time. The bill is only a proposal which may be amended numerous times. If S.744 passes the Senate in June or July, a similar bill will be debated and voted upon in the House of Representatives. If different versions of Comprehensive Immigration Reform legislation pass both chambers of Congress, the two bills must be reconciled, and the final bill must then be signed by the President.

Senators will begin a substantive mark-up of the bill on May 6, the day after the Senate returns from a week-long recess.

We will report on progress of these bills on a monthly basis in our newsletter, and on a daily basis on both our website, and on our Facebook and Google Plus pages.

Pathway to Citizenship: RPI Status

S.744 would allow certain undocumented persons who were present in the U.S. on December 31, 2011 to apply to become Registered Provisional Immigrants (RPIs). RPI status would allow them to obtain work and travel permits, but would not allow them to apply for green cards or U.S. citizenship for many years.

To achieve RPI status, they would have to pay back taxes, undergo background checks, have no serious criminal convictions, and pay a $500 fine as well as a filing fee.

RPI status would expire in 6 years, and would have to be renewed by undergoing background checks and paying another $500 fine plus filing fees.

Only after a person accumulates 10 years in RPI status, if otherwise eligible, they can apply for a green card again by paying the required filing fees plus a fine of $1,000.

Three years later, they would be eligible to apply for naturalization.

For certain groups like DREAMers, DACA grantees and Agricultural workers, the process would be expedited somewhat. They would be able to apply for green cards after 5 years in RPI status, and for naturalization immediately thereafter.

Employment-Based Immigration

S.744 would reform and expand the existing employment-based (EB) preference system. Although the official quota for EB green cards would remain at 140,000 per year, in reality, this amount would increase tremendously.

First, all unused EB green cards for the past 20+ years, would be “recaptured” and would be added to the 140,000 immediately.

Second, the per-country quota of 7% would be abolished, thereby allowing many thousands of persons born in India and the PRC to qualify for green cards.

Third, a large portion of the persons currently subject to numerical limits would be exempted from the 140,000 cap. These include spouses and children who are derivative beneficiaries of EB workers; all persons qualifying under the EB-1 category (extraordinary ability, outstanding professors and researchers and multinational executives and managers); persons holding a doctorate degree in any field; certain physicians; and certain persons with advanced degrees in STEM fields from U.S. universities.

Fourth, a merit-based points system would be created for 120,000 to 250,000 persons per year.

Other changes in both the EB preference system and in the employment-based temporary visa categories are equally exciting and we will detail them in future blog posts and newsletters. For example, the H-1B cap would be raised substantially, and a new W nonimmigrant category for temporary workers and a new X category for entrepreneurs would be created. STEM professionals would be more easily able to self-petition for green cards using National Interest Waivers rather than having their employers undergo the PERM process.

Family-Based Immigration

Although the general trend in S.744 is to favor EB workers over family-based immigrants, nevertheless there are considerable improvements proposed for the family-based categories.

One highlight of the bill is that, for the first time, spouses and children of permanent residents would become “immediate relatives” and would no longer be subject to quota restrictions.

The per-country cap would be raised from 7% to 15%, which would significantly reduce the waiting times for relatives from Mexico and the Philippines.

Also, immediate relatives would finally be able to immigrate together with other family members, so-called “derivative beneficiaries”. Say that an adult U.S. citizen wishes to sponsor his parents and his 15 year-old sister for green cards. Under current law, his parents could immigrate in a matter of months while the wait for the sister would be measured in decades, thus separating members of the immediate family. Under S.744, the sister would be able to immigrate at the same time as her parents.

In addition, certain family members who are beneficiaries of approved family-based petitions would be able to obtain V visas to join their families in the U.S. while waiting for their green cards.

The definitions of both stepchildren and adopted children would be liberalized in order to prevent the separation of families.

The bill would effectively overrule the Board’s Immigration Appeals’ unfortunate decision relating to the Child Status Protection Act (CSPA) in Matter of Wang. As we have been arguing in the Federal Courts, Congress intends that aged-out sons and daughters of permanent residents be able to “automatically convert” to the 2B family-based category and to “retain” the priority date of the original petition, be it family-based or employment-based.

S.744 would restrict or abolish certain categories of immigrants. The Diversity Visa Lottery would be abolished after fiscal year 2014, and no new I-130 petitions for the FB-4 category (brothers and sisters of U.S. citizens) would be accepted starting 18 months after the passage of the law. The FB-3 category (married sons and daughters of U.S. citizens) would be restricted to include petitions where the son/daughter is 30 years of age or younger.

With these proposed changes on the horizon, it is important that family members petition for these relatives now before the law changes in order to “grandfather” them into the existing system.

2. The H-1B Cap Has Been Reached, Are You “Cap-Exempt”?

The H-1B visa program limits the numbers of cap-subject petitions which may be filed to 85,000 each fiscal year – 65,000 general petitions and 20,000 for those with a Master’s degree from a U.S. university. This year, the H-1B cap was reached within the first 5 days (April 1-5). Now, until April 1, 2014, only cap-exempt H-1B petitions may be filed for qualifying professionals.

H-1B cap exemptions are available to employers able to answer “yes” to any of the following questions:

• Is the job located at an institution of higher education, or at a nonprofit entity which is related to or affiliated with an institution of higher education?

• Are you a nonprofit research, or a governmental research, organization?

• Are you subject to the Guam-CNMI cap exemption?

• Are you requesting a change of employer and the H-1B professional previously worked for an employer subject to the Guam-CNMI cap exemption?

It is important to include a caveat concerning the H-1B cap exemption available to employers that qualify as a nonprofit entity “related to” or “affiliated with” an institution of higher education. These two exemptions are currently under review by the U.S. Citizenship & Immigration Services (USCIS) and only employers that have been previously granted cap exemption under these criteria are able to obtain the cap exemption until further guidance is issued.

In addition to the cap-exemption afforded to certain employers, some H-1B professionals are also exempt from the cap. Persons currently employed in H-1B status who have not used up their 6 years are exempt from the cap if they are seeking: (1) an extension of stay; (2) a change of employers; or (3) they have changed to another status (e.g., “H-4”) and they have an employer who wish to change their status back to H-1B.

Other individuals may be able to “recapture” the time that they spent outside the U.S. If a person has been employed in H-1B status for 6 years, but was outside the U.S. for one month each year, they can “recapture” this time, and request a 6-month extension of their H-1B status.

Similarly, consider persons who have been counted against the cap during the past 6 years, but have not exhausted their 6 years in H-1B status (even if they are not currently in the U.S.). This is known as “remainder” option. The following example illustrates how this option operates:

If a foreign worker spent 4 years in the U.S. in H-1B status from January 1, 2008 to December 31, 2011, and then remained outside the U.S. for all of 2012, she could seek to be admitted for the “remainder” of the initial six-year period, in this case a total of two years. As such, she would not have to seek a new cap-subject H-1B, although she would be eligible to do so.

It is also important to note that the H-1B cap is not applicable to J-1 nonimmigrant physicians who have received a Conrad 30 Waiver.

Having determined that your organization or the professional you are seeking to hire is cap-exempt, you will be able to submit H-1B petitions despite the exhaustion of H-1B numbers this year.

3. Shusterman’s Upcoming Immigration Law Seminars

• Federal Bar Association (FBA)
  Immigration Law Seminar
  University of Memphis Law School
  Memphis, Tennessee
  May 17-18, 2013
  Topic 1: “The Child Status Protection Act”
  Topic 2: “Immigration for Physicians”
  Topic 3: “Q&A: Stump the Experts”

• Kaplan
  Immigration Seminar
  Kaplan Center Pasadena
  Pasadena, California
  June 4, 2013
  Topic: “Physicians Guide to US Immigration”

• American Immigration Lawyers Association (AILA)
  Annual Conference
  Hilton San Francisco Union Square
  San Francisco, California
  June 29, 2013
  Topic: “Informational Marketing Techniques to Start and Grow Your Practice”

• Professionals in Human Resources Association (PIHRA)
  Ventura County District Meeting
  Spanish Hills Country Club
  Camarillo, California
  July 18, 2013
  Topic: “What Every HR Manager Needs to Know About Immigration”

• Professionals in Human Resources Association (PIHRA)
  California HR Conference
  Anaheim Convention Center
  Anaheim, California
  August 26-28, 2013
  Topic: “Employer’s Responsibilities under the New Immigration Law”
  To attend this event, register online.

• Pincus Professional Education
  Continuing Legal Education (CLE)
  Los Angeles, California
  December, 2013
  Topic: “Immigration 101”

4. Understanding the New I-94 Arrival-Departure System

The Customs and Border Patrol (CBP) has announced that starting on April 30 at selected airports and seaports (and starting on May 21 at all airports and seaports), the I-94 Arrival/Departure Form will be automated and travelers to the U.S. will no longer be issued a paper form in most instances. Instead of receiving a paper I-94, travelers will be able to access their I-94 information online. This change will not affect people travelling through land borders, as they will still be issued the paper form.

How do travelers access their I-94 information after the automation process?

As most non-immigrant workers and students know, the paper I-94 is required for various purposes such as applying for a Social Security card or driver’s license, filing I-9 documentations, and submitting applications to the immigration service to extend one’s period of authorized stay. Since the I-94 is the form which indicates the date by which a person must leave the U.S., the lack of a paper form has caused some concerns.

However, CBP has clarified that though they will no longer be issuing a paper form, they will be scanning a traveler’s passport and generating an electronic I-94 arrival/departure form which includes the same information found on the current paper form. CBP will make the electronic I-94 available at www.cbp.gov/I94 at the end of April, after which time travelers may print their electronic I-94 number from this website as needed before applying for benefits.

In case a traveler does not need the I-94 for any of the purposes mentioned above, a CBP officer will stamp their passport showing the date and class of admission and date the traveler is admitted until. If the traveler does not have a passport, they will be directed to secondary inspection. These individuals will be issued a paper I-94 with the pre-printed number crossed out and the actual electronic I-94 number hand written upon it.

Will there be any circumstances of issuance of Paper I-94?

Yes, if you are travelling by land. Also, CBP intends to continue to provide Form I-94 to some classes of aliens such as refugees, certain asylees and parolees.

What if there is an error on the I-94 information?

In case of an error in the form, the traveler can go to a deferred inspection site or the port of entry to correct the admission record. On a recent advisory discussion, the CBP clarified that the name specified on the online I-94 record is picked up from the electronic data as specified in the visa or the passport. In case the traveler’s name is wrong on the visa, it should be corrected before coming to the U.S.

What are the steps to be taken while exiting the United States?

Basically nothing. The departure will be recorded electronically with information provided by the carrier or by the CBP. If you were issued paper I-94 for any reason, it should be handed back to the carrier.

5. Success Story: Is It Unauthorized Employment to Run a Business?

One day, a very nervous Chinese man walked into my office. He had been arrested by the Immigration Service and was now in deportation proceedings before an Immigration Judge.

What was his offense? Running a business! Not exactly a crime, yet lawyer after lawyer had advised him that it was illegal to run a business as an F-2 dependent of a student visaholder.

The man had originally come to the U.S. as an L-1A multinational executive, but when his lawyer advised him not to seek an extension because his business was too small; he changed his status to F-2 since his wife was an F-1 student.

He continued to run his business, but one day a jealous competitor wrote an anonymous letter to the Immigration Service. This resulted in him being arrested.

What he wanted to hear was that he had done nothing wrong since he never paid himself a salary or deprived an American worker of a job. Fortunately, when I was an INS Trial Attorney (1980-82), one of my cases was decided by the U.S. Court of Appeals which held that running a business did not constitute unauthorized employment. The case is Bhakta v. INS, 667 F.2d 771 (9 Cir. 1981) and it has never been overruled.

When I told him about this decision, he was overjoyed, and retained our law firm to represent him. We represented him in Court, cited Bhakta, and the Immigration Judge ruled in his favor. The government appealed to the Board of Immigration Appeals (BIA), but later, they changed their minds and decided to accept the Judge’s decision.

He was so grateful that he invited me, my wife and some members of our law firm to dinner at a fancy restaurant. While we were eating dinner, he told me that his business was growing and had many employees. However, because of what happened to him, he was afraid to return to his country to apply for an F-2 visa. If he could only get an investor’s visa, he could travel internationally and establish dozens of stores worldwide.

Fortunately, he was a citizen of Taiwan, and the U.S. and Taiwan have a treaty which permits an investor to run a business using a “E-2” treaty investor visa. We prepared the paperwork, and after only a couple of months, he traveled to Taiwan and returned with an E-2 visa. His business became very successful. Later, an employer sponsored his wife (and him) for a green card. Today, he and his family are U.S. citizens.

Over the years, he has referred dozens of investors to our law firm. Today, we obtain E-2 visas for persons from dozens of countries on a regular basis.

P.S. – The issue of whether a person is permitted to run a business in the U.S. without a work permit remains unsettled. Two years after the decision in Bhakta, the U.S. Court of Appeals for the 6th Circuit, in Wettasinghe v. U.S. Department of Justice, 702 F.2d 641 (1983), upheld the decision of an Immigration Judge that an F-1 student who ran a fleet of ice cream trucks had engaged in “unauthorized employment”.

Read more of our Immigration Success Stories.

6. Immigration Trivia Quiz

Quiz Removed.

7. Visa Bulletin for May 2013

The Visa Bulletin for May 2013 contains great news for a select group of persons who have been waiting in line for years to obtain green cards through their jobs. The worldwide EB-3 category jumps forward 5 months to December 1, 2007. What’s more is that EB-3 workers born in the PRC are no longer hampered by the 7% per-country quota. Employees born in the PRC being sponsored in the EB-3 category no longer are penalized because of their country of origin. Unfortunately, EB-3 workers born in India are not so fortunate. Their priority date advances only 2 weeks. And the EB-3 category for Filipinos moves ahead only 1 week.

The worldwide EB-2 category remains current (no backlog), but while EB-2 PRC advances 6 weeks, EB-2 India does not move at all.

Hopefully, Congress will eliminate all per-country quotas for EB workers this year. After all, talent is talent!

The worldwide family-based preference categories move forward between 2 and 10 weeks except for the F4 sibling category which remains stuck in time at May 1, 2001. Family categories for the Philippines advance from 3 to 14 weeks while those for Mexico move ahead between 1 and 9 weeks.

The charts below tell the story in more detail:

FAMILY CATEGORIES

 

Categories	Worldwide	China (PRC)	Mexico	Philippines
1st	4-1-06	4-1-06	8-8-93	6-1-99
2A	3-1-11	3-1-11	2-1-11	3-1-11
2B	5-15-05	5-15-05	5-1-93	9-8-02
3rd	8-8-02	8-8-02	4-1-93	10-22-92
4th	5-1-01	5-1-01	9-8-96	10-1-89

EMPLOYMENT CATEGORIES

Categories	Worldwide	China (PRC)	India	Mexico	Philippines
1st	Current	Current	Current	Current	Current
2nd	Current	5-15-08	9-1-04	Current	Current
3rd	12-1-07	12-1-07	12-22-02	12-1-07	9-15-06
Unskilled	12-1-07	9-1-03	12-22-02	12-1-07	9-15-06
4th	Current	Current	Current	Current	Current
Religious	Current	Current	Current	Current	Current
5th	Current	Current	Current	Current	Current

8. Immigration Government Processing Times

We link to the most recent immigration waiting times for each of the four USCIS Service Centers, the National Benefits Center and the Administrative Appeals Office. We also link to the processing times of all of the 83 USCIS District Offices and Sub-offices. We link to the Labor Department’s page entitled “Processing dates for labor certification applications”. Finally, we link to the State Department’s “Visa Wait Times” page.

Read more…

9. Ask Mr. Shusterman: Who Wants to be a Millionaire? (On Avvo.com)

If you have never heard of Avvo.com, it is a website which contains the profiles of over 90% of American lawyers.

A few years ago, I heard about Avvo when a google search revealed that I had received some client reviews and attorney endorsements. Since then, over 270 clients of our law firm have posted reviews about us on Avvo.

Avvo also has a feature which awards points to attorneys who answer questions online. At first, I didn’t see much value in answering questions for free when I was very busy assisting clients who were paying me for my services.

However, I started reading some of the questions, and noticed that most of the answers to most of their questions were already on our website. So I started writing short answers to users’ questions and referring them to a page or a video on our website that answered their questions in more detail.

After a few weeks, I was hooked. I started answering over 100 questions a week prompting my wife to start referring to herself as a “web widow”. In response, I promised her that if I ever reached 1,000,000 points on Avvo, I would stop trying to achieve the top score each week.

That possibility seemed pretty remote at the time since the lawyer who was leading the pack on Avvo had only a little over 100,000 points, and I didn’t even have half that many.

I answered more and more questions each week, and even retained a few clients who first heard of me on Avvo. After a few months, I became Avvo’s number one lawyer in terms of points.

Well, to make a long story short, on April 14, 2013, I became the first attorney on Avvo to hit 1,000,000 points, so I am going to keep my promise to my wife, and stop answering thousands of immigration questions online. I may still answer a question now and then.

I hope that my answers were helpful to most of the 13,000 persons whose questions I answered. Many thanks to the thousands of persons who marked my questions as helpful, and to the hundreds of my fellow immigration lawyers who marked that they agreed with my answers or endorsed me online.

I congratulate my colleagues in the immigration bar who continue to answer large numbers of legal questions online for free.

Avvo is a great forum for the public to get answers to simple, straightforward questions. However, I notice that too many people try to get solutions to complex legal questions online. In my opinion, this is not a good idea. If you need an attorney to evaluate your case, schedule a legal consultation either in person, by telephone or on Skype.

Use Avvo not merely to get legal advice, but to compare the profiles of various attorneys before you schedule an appointment with one of them. Avvo rates each attorney, and allows attorneys to list their experience, awards, publications, speaking engagements, etc.

Before you choose an attorney to represent you, it is important to do your homework.

And as with most things in life, you get what you pay for.

10. Winner of our April 2013 Immigration Trivia Quiz!

Quiz Removed.

 

Carl Shusterman

Certified Specialist in Immigration Law, State Bar of California, Former Immigration and Naturalization Service (INS) Attorney (1976-82), Served as Member of AILA Board of Governors (1988-97)

Law Offices of Carl Shusterman, 600 Wilshire Blvd., Suite 1550, Los Angeles, CA 90017, Phone: (213) 623-4592 x0, Fax: (213) 623-3720

“Many skilled workers and their families spend a decade or more waiting for employment-based green cards, which are capped at 140,000 a year and are subject to per-country limits. The bill addresses this problem by temporarily raising limits to clear a backlog of 234,000 applications for employment-based permanent visas. It would also exempt spouses and children of workers from the limits, which should free up nearly 80,000 visas a year.”

– New York Times Editorial
April 21, 2013

Newsletter US Immigration Update May 2013 – Quick Links

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April 29, 2013