Shusterman’s Immigration Update October 2019
Volume Twenty Four, Number Ten
SHUSTERMAN’S 
IMMIGRATION UPDATE is the Web’s most popular e-mail newsletter regarding US 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 40 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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Shusterman’s Immigration Update October 2019
TABLE OF CONTENTS
1. S386 and the Future of Employment Based Immigration
2. October 2019 Visa Bulletin
3. Visa Bulletin Predictions for FY2020
4. Immigration Government Processing Times
5. Public Charge Rule is Expanded – How Does This Affect You?
6. Trivia Quiz: Hollywood’s Horror Movie Industry Is Fueled By Immigrants
7. Ask Mr. Shusterman: Green Cards for Caregivers
8. Shusterman’s Upcoming Immigration Seminars
9. Jobs & Green Cards for RNs & MedTechs: Free Legal Help!
10. Winner of Our August 2019 Immigration Trivia Quiz
NEWS FLASHES
- Trump Slashes Refugee Cap to 18,000, Curtailing U.S. Role as Haven – The United States typically resettles about 100,000 refugees per year who have fled their countries who would face persecution based on “race, religion, nationality, political opinion, or membership in a particular social group” if they were to return home. President Trump has lowered the number of refugees that we will accept this coming year to 18,000, a number less than that of Canada, a county whose population is one-tenth of ours.
- USCIS Acting Director instructs Asylum Officers to Consider Internal Relocation within Home Countries — In a message to asylum officers, USCIS acting director advised them to consider the possibility of internal relocation to other parts of asylum seekers’ home countries. This message is directed at aliens from the Northern Triangle countries seeking asylum at the Southern border.
- DV Visa Lottery Program for FY 2021 — The State Department has issued instructions for the DV 2021 Visa Lottery which will start on October 2 and will end on November 5, 2019. Applicants may apply online for free.
- BIA Finds Immigration Judges Have Authority to Deny TPS Applications — In a recent decision, the Board of Immigration Appeals (BIA) dismissed an appeal and found that immigration judges (IJs) have the authority to deny an application for temporary protected status (TPS) in the exercise of discretion.
- DHS Extends Syria TPS — The Department of Homeland Security has extended Temporary Protected Status (TPS) for Syria for 18 months, through March 31, 2021. Eligible TPS beneficiaries have until November 22 to request an extension of status and work authorization.
- Federal Judge Blocks Trump Move To Fast-Track Deportations — On September 27, 2019, a Federal Judge issued an injunction blocking the Administration’s expansion of the expedited removal process.
- USCIS Announces 7 International Offices Will Remain Open— On August 9, 2019, USCIS announced it is shutting down all but 7 of its field offices overseas. The overseas offices which will remain open are those in Beijing, Guangzhou, Nairobi, New Delhi, Guatemala City, Mexico City, and San Salvador.
- Trump Administration Moves to Decertify Union of Immigration Judges — The Justice Department has moved to decertify the union of Immigration Judges, which has been openly critical of Trump administration’s immigration enforcement agenda. Last year, the union protested against the department’s quota system and the lack of support staff for Immigration Judges.
- Trump Administration Ends Family Reunification for Filipino WWII Veterans — Trump administration announced its decision to end the Filipino World War II Veterans Parole Program, which was designed to help Filipino veterans bring their families with them to the United States.
- Attorney General Barr Rules Family Ties Will No Longer Qualify as Grounds for Asylum— On July 29th, 2019, Attorney General William Barr issued a precedent decision in Matter of L-E-A- in which he stated that family members cannot be considered as a particular social group for asylum purposes. However, there is voluminous case law in the U.S. Courts of Appeals which contradicts the Attorney General’s decision.
- The Mellon-Family Heiress who Bankrolled the Anti-Immigration Movement — Cordelia Scaife May, an heiress to the Mellon-family fortune, influenced anti-immigrant politics in the United States by funding the nation’s three largest restriction groups, which include the Federation for American Immigration Reform (FAIR), NumbersUSA and the Center for Immigration Studies. Through her Colcom Foundation, Mrs. May became a significant supporter of anti-immigrant policies that promoted militarizing the border, limiting legal immigration, shifting to a more merit-based system that prioritizes high-skilled workers, and cutting off public benefits for immigrants.
- USCIS Tightens Rules for Parole-Based Employment Authorization — On August 19, 2019, USCIS issued policy guidance stating that the agency will grant parole to undocumented immigrants “only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.”
- California Files Lawsuit To Stop Indefinite Detention Of Migrant Families and Children — California has led a multistate lawsuit opposing a new regulation from the Trump administration allowing the government to detain migrant families indefinitely, while an Immigration Judge considers whether or not to grant them asylum in the United States. This rule undermines the Flores Settlement Agreement which requires children to be released, after 72 hours of being held, to their parents, legal guardian, adult relative or to a licensed program.
- DOJ Interim Rule Delegates Authority from Attorney General to EOIR Director — The Department of Justice issued an interim final rule that will restructure the Executive Office for Immigration Review (EOIR). Under this new rule, the EOIR director will have the power to accept or deny appeals to asylum cases in order to address the backlog of cases in the Immigration Court system.
- DHS Proposes Removal of 30-Day Processing Provision for EAD Applications — On September 9, 2019, DHS published a proposed regulation to remove the 30-day processing period USCIS has to grant or deny an employment authorization (EAD) application, starting from the date an asylum applicant files the initial form. DHS also proposed to change the provision requiring applicants to submit their renewal EAD applications to USCIS 90-days before the expiration date.
- President Signs Bill to Extend Certain Temporary Immigration Programs — President Trump has signed into law a bill to extend the following immigration programs until November 21, 2019: (1) E-Verify; (2) Conrad 30 J Waiver Program for Physicians; (3) EB-5 Regional Center Program; and (4) The special immigrant non-minister religious worker program.
- H-4 EAD Program Will Continue — In a letter to the U.S. Court of Appeals for the D.C. Circuit in Save Jobs v. DHS, the government indicated that it would not seek to end the H-4 EAD program until the Spring of 2020 at the earliest.
1. S386 and the Future of Employment Based Immigration
In September 2019, Senators Mike Lee (R-UT) and Kamala Harris (D-CA) asked their colleagues to support a unanimous consent resolution to approve S386, the Senate version of H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019.
H.R. 1044 was passed by the House of Representatives last July. The Act would abolish the 7% per-country cap on employment-based immigration, one of the most outdated provisions of the Immigration and Naturalization Act of 1965.
2. October 2019 Visa Bulletin
The Visa Bulletin is issued by the U.S. State Department on a monthly basis. The Bulletin shows the backlogs for persons who have been sponsored for green cards through their employers, their relatives, through investments and through the diversity lottery. The length of the backlog varies depending on the person’s preference category and their country of chargeability which is usually their country of birth.
3. Visa Bulletin Predictions for FY2020
Charlie Oppenheim at the US Department of State issues visa bulletin predictions as to how rapidly or slowly he expects the priority dates in the employment-based and family-based categories to move forward, or to retrogress.
You can stay up-to-date with the waiting times in the Visa Bulletin by subscribing to our Free E-Mail Newsletter.
4. 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.
5. Public Charge Rule is Expanded – How Does This Affect You?
DHS issued a new public charge regulation on August 15, 2019. The regulation will primarily affect persons who apply immigration benefits starting on October 15, 2019. However, because the rule is currently being challenged in Federal Court, it is not certain whether it will become effective on that date.
6. Trivia Quiz: Hollywood’s Horror Movie Industry is Fueled by Immigrants
This month’s Immigration Trivia Quiz is entitled:
Quiz Removed
The first person to correctly answer our quiz (and supply their biographical information) wins a free legal consultation with one of our attorneys before the end of October.
7. Ask Mr. Shusterman: Green Cards for Caregivers
The number of baby boomers turning 65 years old is rapidly increasing, and, unfortunately, many of them have multiple chronic health conditions ranging from diabetes to dementia. Yet, the supply of caregivers is not keeping pace with the increasing demand for their services. Over 25% of caregivers are foreign-born, yet our broken immigration system does not provide for a temporary working visa category for them.
8. Shusterman’s Upcoming Immigration Seminars
Free Immigration Consultations
Sponsored by Congresswoman Grace Napolitano
St. John the Baptist Church, 3883 Baldwin Park Blvd., Baldwin Park
October 3, 2019 at 4pm
Webinar: Canadian Nurses
Topic: TN Visas and Green Cards for Canadian Nurses
October 4, 2019 at 9:00am
9. Jobs & Green Cards for RNs & MedTechs – Free Legal Help!
Are you a Registered Nurse or a Medical Technologist or a Speech Language Pathologist who is looking for a job in the US?
What if you could find a job, a work visa, and green cards for you and your family to live in the US? And what if the cost to you for all of this was zero dollars?
Hard to believe? Let me explain.
10. Winner of Our August 2019 Immigration Trivia Quiz
August’s Immigration Quiz was entitled: Celebrities with Dual Citizenship
Here are the answers to the Immigration Quiz from our winner, Nellie:
“Nicole Kidman has dual Australian & USA Citizenship
Olivia Wilde has dual USA & Irish Citizenship
Michael Buble has dual Canadian & Italian Citizenship
Salma Hayek has dual Mexican & USA citizenship“
Congratulations, Nellie! And thank you for keeping up with our newsletter!
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
““Refugees fleeing violence and persecution come to the United States in search of a better life…They should be welcomed with compassion and understanding, not turned away or have their children taken from them at the border.“”
– Sen. Dianne Feinstein
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