Volume Twenty, Number Seven

SHUSTERMAN’S Newsletter US Immigration August 2015 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 35 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 x0.

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We will be at the government detention center in Dilley, Texas representing Central American mothers and children starting at the end of August. Therefore, there will be no September issue of our newsletter.

Client Reviews

Newsletter US Immigration August 2015

TABLE OF CONTENTS:

1. Legal Assistance and Green Cards for Registered Nurses
2. State Department Visa Bulletin for August 2015
3. Immigration Government Processing Times
4. Success Story: A Long & Winding Road to a PERM Approval
5. Immigration Trivia Quiz: Immigrants on TV
6. Employers: USCIS Extends Deadline for Filing Amended H-1B Petitions
7. Shusterman’s Upcoming Immigration Seminars
8. Winner of Our July 2015 Immigration Trivia Quiz!

NEWS FLASHES:

• • DHS Proposed Rule on Expansion of I-601A Provisional Unlawful Presence Waivers – The Department of Homeland Security has published a notice requesting comments on a new proposed rule that would expand eligibility for I-601A provisional unlawful presence waivers . The rule would expand eligibility to individuals who can establish extreme hardship to their lawful permanent resident spouses or parents. Comments are due by September 21, 2015.

• • H-1B Visas: Offshore Firms Dominate – According to information gathered by Computerworld, firms mostly from India remain the largest users of the H-1B visa for computer–related jobs. With the exception of a few large technology firms in the US – Microsoft, Google, Amazon and Oracle – the top 25 firms using the H-1B visa program are either based in India or are US companies involved in large offshore operations. Immigration experts say that because these large firms are flooding the H-1B lottery program with their petitions, smaller businesses are less likely to win.

• • ICE Memo with Guidance on Treatment of Transgender Detainees – ICE has released a memo detailing new measures to improve the treatment and safety of transgender detainees. These include ensuring transgender detainees’ access to appropriate medical care, assessing the potential risk of harm to detainees due to discrimination, and protecting detainees’ rights to withhold information about their gender identity. This issue was recently addressed by House Democrats in a letter to DHS Secretary Jeh Johnson, expressing concern over the detention of LGBT immigrants. The letter drew particular attention to the startlingly high rates of assault and sexual violence directed against transgender detainees.

• • Immigration Battle Escalates – As a result of the tension between the states and the Federal government, 26 states sued the Administration, aiming to stop Obama’s order to protect DAPA and DACA immigrants from deportation and allow them to reside and work legally in the US. There is an ongoing argument regarding whether the Administration has the authority to issue such an order. This battle began with the injunction issued by US District Judge Andrew S. Hanen to stop the implementation of the programs. The Administration appealed to the 5th Circuit Court of Appeals which has yet to make a ruling. The expected negative decision which probably result in an appeal to the Supreme Court which could decide the case in 2016.

• • In Memory of Elizabeth Gervais-Gruen – Elizabeth Gervais-Gruen, a long-time member of AILA, died on July 1 at the age of 102. Gervais-Gruen immigrated to the United States from Hungary at the age of 8 in 1921. She received her law degree at St. John’s University as one of two women out of 100 students. Gervais-Gruen first delved into immigration law by providing free legal assistance to refugees of the Second World War. In her later years, she served on the AILA national board and mentored hundreds of other lawyers. Due to her extensive work in AILA, the Carolinas Chapter instated the Elizabeth F. Gervais-Gruen Mentoring award. She was also the first woman to receive the American Immigration Law Foundation’s Honorary Fellow Award.

• • Judge Rules in Favor of Detained Mothers and Children – US District Judge Dolly Gee has ruled that the imprisonment of young children and their mothers who are seeking asylum within the US is unacceptable. The treatment of these persons by the Department of Homeland Security (DHS) and the Immigration and Customs Enforcement (ICE) does not follow the Flores agreement, and have been caused great distress for immigrant families. The government has until August 3rd to respond.

• • Lawmakers Propose New Visa for Foreign Tech Entrepreneurs – Democratic Representatives Zoe Lofgren and Luis Gutierrez have proposed a bill referred to as the “Entrepreneurial Business Creating Jobs Act,” which focuses on reforming the EB-5 visa and adding a new EB-6 visa. The EB-6 visa would allow immigrant investors to establish new businesses that generate employment opportunities for US workers.

• • Modernizing & Streamlining our Legal Immigration System for the 21st Century – In July, President Obama issued a memorandum explaining his executive actions relating to immigration reform that would lead to the regeneration of the economy through boosting the GDP, reducing the federal deficit, and increasing the labor force. He plans to modernize the legal immigration system with the help of the Department of Homeland Security (DHS) and the Department of State. He has conducted an analysis of the different possibilities for streamlining the immigration system for students, high-skilled workers, and families.

• • Premium Processing Service Resumes for H-1B Extensions – Since May 26 of this year, premium processing requests for H-1B extension of status petitions have been suspended. The USCIS resumed premium processing for H-1B Extensions on July 13.

• • Revised I-693 Required for Medical Exams – On July 26, 2015 the USCIS started to accept only the newest edition (3/30/2015) of the I-693 form, which is a report of medical examinations and vaccination records. These form must be completed by a certified physician, and is valid for one year.

• • USCIS and Lawful Status Requirements for Religious Workers – In the case of Shalom Pentecostal Church v. Acting Secretary DHS, the US Court of Appeals for the Third Circuit decreed that the lawful status requirements for religious workers regarding experience in the US, found in section 8 CFR 20.5(m)(4) and (11) of the statute, were ultra vires. The USCIS has implemented the decision on a national basis.

• USCIS Draft Memo on Agents Who Serve as O or P Petitioners – The USCIS released a policy memorandum explaining the requirements for an agent who is the petitioner in an O petition or a P petition, expanding on specific documentary requirements. The categories for these requirements include: general agent-petitioners, sponsoring organizations, and different types of agent-petitioner circumstances. This memo clarifies sections of the previous memorandum released in November of 2009, and will not take effect until the official publication of this document.

1. Legal Assistance and Green Cards for Registered Nurses

Deleted

2. State Department Visa Bulletin for August 2015

EMPLOYMENT CATEGORIES

The waiting times for worldwide EB-3 advanced another 3 to 4 months creating the shortest backlog in this category in several years. EB-3 India will also advance by 3 to 4 months.

However, EB-3 China for professionals and skilled workers retrogresses by over 7 years while EB-3 China for unskilled workers retrogresses by over 2 years. The State Department projects that EB-3 China for professionals and skilled workers is likely to advance to September 2011 come October.

While EB-3 Philippines is no longer unavailable, it is backlogged to 2004. The situation should improve dramatically in October.

While worldwide EB-2 remains current, EB-2 China advances by 2 1/2 months and EB-2 India remains frozen.

EB-5 China is not apt to move forward until October.

The following chart tells the story of the EB numbers in detail:

Categories	Worldwide	China (PRC)	India	Mexico	Philippines
1st	Current	Current	Current	Current	Current
2nd	Current	12-15-13	10-01-08	Current	Current
3rd	7-15-15	6-01-04	6-01-04	7-15-15	6-01-04
Unskilled	7-15-15	1-01-04	6-01-04	7-15-15	6-01-04
4th	Current	Current	Current	Current	Current
Religious	Current	Current	Current	Current	Current
5th	Current	9-01-13	Current	Current	Current

FAMILY CATEGORIES

The worldwide family-based categories advance between 3 and 5 weeks in August.

For persons born in Mexico and the Philippines, the 2 most backlogged countries, most of the numbers inch forward or remain froze.

The chart below tells the story in detail:

Categories	Worldwide	China (PRC)	Mexico	Philippines
1st	11-01-07	11-01-07	11-15-94	3-15-00
2A	12-15-13	12-15-13	11-01-13	12-15-13
2B	11-15-08	11-15-08	4-08-95	5-22-04
3rd	4-08-04	4-08-04	4-22-94	8-22-93
4th	12-01-02	12-01-02	3-01-97	1-15-92

3. 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…

4. Success Story: A Long & Winding Road to a PERM Approval

PERM applications are the first step in a process where an employer sponsors a foreign-born worker for permanent residence in the US. The employer must advertise the job and demonstrate to the US Department of Labor (DOL) that the employer is offering the prevailing wage (or the actual wage if this is higher) to the employee and that no minimally-qualified US workers have applied for the job.

Read more…

5. Immigration Trivia Quiz:

Quiz Removed.

6. Employers: USCIS Extends Deadline for Filing Amended H-1B Petitions

August 19 is no longer the deadline for employers who are required to file amended petitions due to a change of worksite location for an H-1B employee which occurred prior to May 21, 2015.

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:

When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee’s eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014).

When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA.

On May 21, 2015, the USCIS issued a draft memorandum giving employers until August 19 2015 to submit H-1B transfer petitions for employees who relocated prior to May 21.

Then, on July 21, the USCIS a

1. It extends the deadline to file an amended petition from August 19, 2015 to January 15, 2016 for all relocations which occur after April 9, 2015 but before August 19, 2015. Also, for relocations which occur on or after August 19, 2015 the H-1B worker may move to the new location as soon as the employer files the H-1B petition with USCIS.
2. It provides that with regard to employee relocations which occurred on or before April 9, 2015, it is not required that employers submit an amended H-1B petition. However, if employers choose to do so, they should file the amended H-1B petition by January 15, 2016.

7. Shusterman’s Upcoming Immigration Seminars

• 2015 AILA Paralegals Conference
  The Venetian Resort Hotel Casino
  Las Vegas, NV
  August 27-28, 2015
  Topic: “Sizzling Hot Topics in Immigration Law“
• AILA Education Department’s September Podcast
  Los Angeles, CA
  Exact Date: TBD
  Topic: Marketing Your Immigration Practice
• Immigration Seminar
  City of Hope
  Los Angeles, CA
  October 29, 2015
  11:30 am – 1:00 pm
  Topic: TBD

8. Winner of Our July 2015 Immigration Trivia Quiz!

Quiz Removed.

Carl Shusterman

Certified Specialist in Immigration Law, State Bar of California
Immigration and Naturalization Service (INS) Attorney (1976-82)
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

“In 2009, more than 55 million Americans were immigrants or the children of immigrants. These first- or second-generation Americans were valuable links back to their home countries and also significant contributors to our own country’s economic, cultural, and political life. Immigration helped keep the US population young and dynamic at a time when many of our partners and competitors were aging. Russia, in particular, faced what President Putin himself has called a “demographic crisis.” Even China, because of its “One Child Policy,” was headed toward a demographic cliff. I only wish that the bipartisan bill passed the Senate in 2013 reforming our immigration laws could pass the House.”

– Hilary Clinton

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August 1, 2015

Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.