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The Department of Homeland Security is extending Temporary Protected Status (TPS) for nationals of El Salvador for an additional 18 months, through March 9, 2018.
Key dates:
Background: El Salvador was originally designated for TPS following two catastrophic earthquakes in 2001. Due to subsequent natural disasters that have impeded national recovery that would allow El Salvadoran nationals to return, TPS designation has been extended, according the U.S. Federal Register notice.
Individuals seeking to reregister must include all required documents and the government fee or a request for fee waiver. USCIS will reject all incomplete applications. Those who have not yet filed for TPS may still be able to file as late initial filers if they meet all eligibility criteria.
More information is available on the USCIS TPS page.
BAL Analysis: Applicants are encouraged to reregister immediately and must do so within 60 days. Employers should be aware of the automatic six-month extension of affected EADs.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – HIGH
What is the change? Singapore and the United States have launched a bilateral program allowing pre-screened travelers to register as trusted travelers and move through airports without waiting in line.
What does the change mean? Eligible citizens of Singapore and the U.S. who register for the respective programs will be able to use automated immigration clearance gates at designated airports, facilitating business travel and tourism between the two countries.
Next steps: U.S. passport holders who are already members of the U.S. Global Entry Program may apply online for Singapore’s “Enhanced Immigration Automated Clearance System” (e-IACS). Singapore passport holders may apply for the U.S. Trusted Traveler Program through the Global Entry Program website and schedule an interview at the U.S. Embassy in Singapore or at a Global Entry Enrollment location in the U.S.
Background: U.S. citizens applying for e-IACS must have visited Singapore at least three times in the previous 12 months and their passport must continue to be valid for at least six months.
Singaporean citizens applying for the U.S. Trusted Traveler Program must pay a non-refundable US$100 application fee and sit for biometrics and an interview with a U.S. Customs and Border Protection official, who will determine final eligibility. Interviews at the U.S. Embassy in Singapore will be scheduled every Wednesday and may be expanded based on demand. If approved, the membership is valid for five years.
BAL Analysis: The programs will facilitate business trips for frequent travelers. The Trusted Travel Program allows faster entry clearance than APEC fast lanes, as members of the Trusted Travel Program do not need to be questioned by immigration officers. They are also eligible for TSA pre-screening at participating international airports before boarding a flight to the U.S. The program does not replace the need to obtain an appropriate visa, Electronic System for Travel Authorization or work permit before travel.
This alert has been provided by the BAL Global Practice group and our network provider located in Singapore. For additional information, please contact your BAL attorney.
The Supreme Court announced Thursday that it had split 4-4 on President Barack Obama’s signature immigration programs, thereby upholding a lower court’s ruling blocking implementation of the president’s executive actions.
Key points:
Background: Obama announced plans in November 2014 to expand the Deferred Action for Childhood Arrivals (DACA) program and create a similar program, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Eligible applicants would have been allowed to remain in the U.S. and receive work authorization.
The initiatives were put on hold after a federal court sided with 26 states, led by Texas, that sued to block their implementation. A three-judge panel of the U.S. Court of Appeals for the 5th Circuit upheld the ruling in November and the Justice Department appealed shortly thereafter. The Supreme Court heard oral arguments in April, today, upheld the 5th Circuit decision in a one-sentence per curiam order, stating, “The judgment is affirmed by an equally divided Court.” The Court did not weigh in on the substantive legal issues in the case, which will now be decided by the district court.
Texas Attorney General Ken Paxton said in a statement that the ruling was a “major setback to President Obama’s attempts to expand executive power, and a victory for those who believe in the separation of powers and the rule of law.” Obama told reporters the ruling was “frustrating to those who seek to grow our economy and bring a rationality to our immigration system” and “heartbreaking for the millions of immigrants who’ve made their lives” in the United States.
BAL Analysis: The ruling was a significant defeat for the administration, as it will continue to prevent these programs from going forward. However, the decision indicates little about how the Supreme Court might rule in future immigration or executive authority cases because of the 4-4 split, the result of a vacancy on the Court. The ruling also does not impact any of Obama’s immigration policies related to high-skilled workers or the DACA program as it existed before Obama’s 2014 executive actions were announced. The merits of the lawsuit will now be decided by the district court in Brownsville, Texas, where the suit was filed.
Colorado has repealed an employment verification law that requires employers to complete and retain state forms in addition to fulfilling federal Form I-9 employment verification requirements.
The repeal will reduce duplicative document preparation and retention requirements for Colorado employers.
Background: The Colorado law took effect in 2007 and created additional administrative burdens on employers. Currently, employers are required to fill out a form within 20 days of a new hire affirming that they have verified the employee’s work authorization and will keep it on file, along with copies of the employee’s documents proving authorization to work, for the length of employment. Fines for noncompliance range from $5,000 to $25,000.
BAL Analysis: The repeal is a welcome change that will reduce paperwork obligations and simplify the employment verification process. Colorado employers must continue to comply with current law until the repeal takes effect Aug. 10 and should review their policies and plan to eliminate the separate state attestation form beginning on that date. They should also consider whether and how long to retain existing state-required documents after Aug. 10 in case of an audit.
U.S. Citizenship and Immigration Services has announced that in July it will only accept employment-based adjustment-of-status applications based on the Application Final Action Dates chart.
The Dates for Filing chart, published in the State Department’s July Visa Bulletin, will not apply. Employment-based immigrants must follow the Application Final Action Dates chart (below) to determine if they are eligible to file their adjustment-of-status petitions with USCIS. Only applicants with priority dates earlier than the dates listed in the chart will be permitted to file their applications for adjustment of status in July.
Final Action Dates for Employment-Based Preference Cases:
Family-based immigrants will be required to use the Final Action Dates chart applicable to family-sponsored immigrants, which is contained in the July Visa Bulletin.
A federal judge has sentenced two owners of an IT consulting company to each serve more than seven years in prison for H-1B visa fraud. The case offers a reminder to employers about the serious consequences of noncompliance and misuse of the H-1B visa program.
The company recruited and sponsored foreign workers for H-1B visas, but falsely represented in visa-related applications to the Labor Department and the Department of Homeland Security that the workers would be full-time, salaried employees of the company.
Background: The two owners were convicted in November after a jury found them guilty of conspiracy to commit visa fraud, conspiracy to harbor illegal aliens and four counts of wire fraud. Three others who worked at the company pleaded guilty to aiding and abetting visa fraud and were sentenced to two years of probation.
BAL Analysis: Companies using the H-1B program should ensure that they are aware of the legal obligations associated with the program and the recent interest federal law enforcement authorities have taken in prosecuting visa fraud cases.
Two employers whose petitions were rejected in the H-1B lottery have filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services, challenging the lottery’s legality. The suit seeks to eliminate the lottery and replace it with a system in which H-1B petitions are given priority dates based on the date they are filed.
Background: The lawsuit aims to overturn regulations that set the H-1B lottery system, calling it “a potentially never ending game of chance” with some individuals failing year after year and others winning in the first year of filing. It calls the lottery an “arbitrary and capricious” way of selecting petitions that runs afoul of federal immigration law. The suit was filed shortly after the American Immigration Lawyers Association filed a lawsuit seeking increased transparency in the H-1B lottery process.
BAL Analysis: If successful, the lawsuit could change the way H-1B petitions are selected for processing. Although the current suit is relatively small, the plaintiffs are calling for additional parties to become a part of the class action, and the issue has the potential to affect hundreds of thousands of people. BAL will continue to follow the lawsuit’s progress and update clients if any significant developments arise.
The State Department issued a travel alert for Tuesday, highlighting the possibility of terrorist attacks throughout Europe over the summer.
Background: The State Department’s alert comes as Europe grapples with the fallout of terrorist attacks in France and Belgium.
France and a number of other European countries have imposed national border controls following the attacks and amid a massive influx of migrants from the Middle East and North Africa. Poland is expected to institute border controls from July 4 to Aug. 2. Travelers in Europe this summer should not only exercise caution, but expect delays and be prepared to show their passports and undergo screening when crossing national borders.
State Department officials issued the notice to alert U.S. citizens “to the risk of potential terrorist attacks throughout Europe, targeting major events, tourist sites, restaurants, commercial centers and transportation.” The alert is set to expire Aug. 31.
BAL Analysis: Travelers should exercise caution when they are abroad, especially in regions where officials believe extremist groups are interested in launching an attack. Employers may wish to encourage their employees to enroll in the Smart Traveler Enrollment Program, a free service that provides updated security information and allows Americans to register their trips abroad with the closest U.S. embassy or consulate.
The U.S. State Department has begun issuing second passports that are valid for four years instead of two.
Background: U.S. citizens can apply for second passports at passport agencies or U.S. embassies or consulates abroad. Issuance of a second passport is not automatic and applicants must provide a justification for the second passport, including because stamps in their passport would bar entry into another country or because their passport has been submitted to a consulate for visa processing.
BAL Analysis: The four-year validity period on second passports is welcome news for travelers who require two passports. Travelers with urgent passport needs may contact their BAL attorney for expedited processing options.
The American Immigration Lawyers Association has sued the U.S. Citizenship and Immigration Services and the U.S. Department of Homeland Security, seeking more transparency in the H-1B visa lottery.
Background: The lawsuit seeks information about the increasingly competitive H-1B visa lottery, which is conducted every year the number of petitions exceeds the Congressionally mandated caps. This year, more than 236,000 cap-subject H-1B petitions were filed in the first five days of the filing period, making 2016 the fourth consecutive year that USCIS has run the lottery.
The caps are set at 65,000 visas for individuals with undergraduate or equivalent degrees and 20,000 visas for individuals with a master’s degree or higher from a U.S. university.
AILA’s complaint said the organization sought information about the H-1B lottery by filing FOIA requests, but that many of the records they sought were either withheld or heavily redacted. AILA said USCIS’s response “precludes informed consideration” as to whether its lottery processes accord with DHS implementation regulations and other laws.
BAL Analysis: AILA is seeking greater transparency in the H-1B visa lottery, which has become an annual fixture in immigration law as an increasing number of foreign nationals seek high-skilled work opportunities in the U.S. BAL will follow progress on the lawsuit and update clients on any significant developments.