The U.S. Department of Homeland Security (DHS) announced on November 20, 2017, the termination of the Temporary Protected Status (TPS) designation for Haiti, effective on July 22, 2019. This announcement follows then-Secretary Kelly’s announcement in May that the designation would not likely be extended past six months.
The effective date of the termination of TPS for Haiti will be delayed 18 months. This will provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible. The delay will also provide the Haitian government with the time it needs to prepare for the future repatriation of all current TPS recipients.
Approximately 60,000 Haitians are affected by the termination of this designation. The decision to terminate TPS was made after DHS determined the conditions in Haiti have improved significantly. Advocates for Haitians disagree arguing conditions in the island nation haven’t improved nearly enough for Haitians to return home.
Like all other delayed-TPS designation terminations, Haitians with TPS will be required to reapply for Employment Authorization Documents in order to legally work in the United States until the end of the respective termination or extension periods.
An immigration attorney in our office can help you today if you have TPS or any questions regarding any changes to the policy. Please call our office to set up a consultation at (617) 973-6448.
The U.S. Citizenship and Immigration Services (USCIS) announced on October 3, 2017 that premium processing for all H-1B petitions has resumed.
Premium processing is the expedited processing of an application. USCIS guarantees a processing time of fifteen (15) calendar days. Note, it does not guarantee a decision within those 15 days. If the guaranteed timeline is not met, USCIS will refund the premium-processing fee of $1,225.00 and continue with the expedited processing of the application.
To upgrade your petition or for more information on premium processing and how it would affect your case, please contact an immigration lawyer in our office today by calling 617-973-6448.
The United States Citizenship and Immigration Services (USCIS) announced beginning, October 1 2017, adjustment of status applications based on employment will be scheduled for in-person interviews. Previously, applicants applying for an employment-based immigrant visa did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated.
According to USCIS, the purpose of the interviews was to provide “the agency with the opportunity to determine applicant’s credibility.” The interviews are part of USCIS’ comprehensive strategy under the Trump administration to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system. USCIS will be slowly phasing in in-person interviews for other categories where interviews have not been previously required.
USCIS has not provided guidance as to whether or not it will be requiring interviews for all cases filed prior to October 1, 2017, or if the requirement is applicable to all cases filed on or after the October 1st date. Our office will continue to monitor this situation and provide any updates as they become available.
It is important for applicants who are scheduled for an interview to contact an immigration attorney prepare and accompany them to the interview. The interview will be in-depth and requires significant preparation. There are concerns USCIS may not have sufficient trained staff to handle complex EB-1A, EB-2/3 or EB-5 cases. As a result, there could be unnecessary delays in your case. In order to avoid a delay in your case in such uncertain times, contact our office to schedule a consultation or interview prep session with an immigration attorney in our office.
Today, September 5, 2017 Attorney General Jeff Sessions announced the Trump Administration is rescinding the Deferred Action for Childhood Arrival (DACA) program and ordered an “orderly, lawful, wind down” of DACA. Acting Secretary of the Department of Homeland Security (DHS), Elaine Duke, has already issued a memorandum rescinding the June off 2012 memorandum that created DACA and ordered a phase out of the program over the next six (6) months. The Trump Administration believes this process will limit disruption to current DACA beneficiaries while providing time for Congress to seek a legislative solution. The memo states the following:
- All those currently enrolled in DACA will be allowed to work until their employment authorization document (EAD) expires.
- Permits that expired by March 5, 2018 have one month to apply for their two-year renewal.
- All new and renewal applications received by DHS before Tuesday will be reviewed on a case-by-case basis.
- New applications received after Tuesday will not be considered.
- No new advanced parole (I-131) documents will be approved. All pending travel document applications will be administratively closed and all associated fees will be refunded.
The DACA program was first establish in 2012 through executive order by President Obama. DACA protects nearly 800,000 individuals, known as “DREAMers” from deportation who were brought to the US by their parents and through no fault of their own. The program was never meant to be considered a legal pathway to citizenship nor an amnesty. Ninety-five percent (95%) of participants are either working or in school. The DREAMers also pay taxes, but yet are unable to receive government benefits. DREAMers contribute to our economy and society.
If you are a DREAMer, you should consult with an immigration attorney in our office immediately for possible pathways to legal solutions. We will continue to monitor the issue and update as more information becomes available.
Since his campaign, President Donald Trump has stated that he will increase national security at all cost. Over the past few months, President Trump has implemented travel bans, proposed giving more money to the military to keep immigrants out at the borders, and claimed that he will make Mexico pay for a wall to divide the borders.Most recently, the Trump administration has implemented a new questionnaire that will affect visa applicants, making the processes more difficult for visa applicants. This new questionnaire aims to provide stricter scrutiny during the vetting process.
Visa applicants will now be asked to produce their social media handles, email address, and phone numbers from the last five (5) years. This information was not previously required by the U.S Department of State (USDOS). Additionally, applicants will also be asked to produce all biographical information; including their past employment and travel information from the last fifteen (15) years. The United States Office of Management and Budget (US OMB) has approved this questionnaire, despite the fact that the questionnaire will make it overly burdensome for applicants, create long delays in processing, and discourage international students and scientists from traveling to the United States. Immigration attorneys fear this questionnaire will delay the lengthy-process even further as applicants may not remember their information from so long ago. Additionally, there is significant concern for the negative consequences for applicants who make an innocent mistake on the supplemental questionnaire. The questionnaire appears to be on a trial run, however, as the form has been approved for a six-month period rather than the typical three years.
Our office will continue to monitor this process and provide any updates and new information. A sample of the supplemental questionnaire can be found here. For more information or questions regarding the new supplemental questionnaire and how this will affect your case, please contact Attorney Nicole Fink at (617) 973-6448 or via e-mail at Nicole@Foleylawoffices.com.
The U.S. Department of Homeland Security (DHS) has extended the Temporary Protected Status (TPS) designation for Haiti for six (6) months. This extension is effective July 23, 2017 through January 22, 2018.
During this six-month period, DHS will re-evaluate Haiti’s TPS designation and make a decision in the form of an extension, re-designation or termination of TPS for Haiti. DHS is recommending Haitian TPS recipients to seek alternate avenues of relief, if possible, or to prepare for and arrange their departure from the United States—including proactively seeking travel documentation.
If you are currently hold TPS for Haiti and need further guidance, please contact our office right away to schedule a consultation.
Acting Director, James W. McCament, recently issued a memo to the U.S. Department of Homeland Security (DHS) recommending that the designation for Temporary Protected Status (TPS) for Haiti be terminated. The U.S. Citizenship and Immigration Services (USCIS) has determined that the conditions in Haiti no longer support the TPS designation. Currently TPS for Haitians is extended through July 22, 2017. USCIS has recommended that the effective date of termination be delayed until January 22, 2018. This would provide all Haitians holding TPS an additional six (6) months to plan accordingly either through a visa or return to Haiti. There has not been any comment by the U.S. Department of State (USDOS) as of today.
To end Haiti’s TPS designation, DHS must make public notice in the Federal Register at least sixty (60) days in advance of the expiration date of the current designation. If a decision is not made by May 23, 2017, Haiti’s designation will be extended for a minimum of six (6) months.
Our office will continue to monitor this situation and provide any updates as soon as they become available. If you are on TPS status for Haiti, you should contact our office immediately to determine if you have any avenues of relief.
On May 1, 2017, USCIS began issuing redesigned Green Cards and employment authorization cards (EADs). The purpose of the redesigned cards is to enhance the fraud-resistant security measures and deter counterfeiting and fraud.
The new Green Cards and EADs will:
- Display the individual’s photos on both sides;
- Show a unique graphic image and color palette:
- Green Cards will have an image of the Statue of Liberty and a predominately green palette;
- EAD cards will have an image of a bald eagle and a predominately red palette;
- Have embedded holographic images; and
- No longer display the individual’s signature.
Green Cards will no longer have an optical stripe on the back.
If you have received a card after May 1st, and it does not have any of the above-mentioned features, you should contact our office right away in order to obtain a Green Card or EAD that is compliant with the USCIS re-design. All other cards issued prior to May 1st, 2017 are still valid until its expiration date.
Beginning May 1, 2017, all biometrics appointments for USCIS will no longer be held at 170 Portland Street, Boston, MA. Moving forward, all biometric appointments will be at 7F Everett St, Revere, MA 02151.
This location is easily accessible by the Blue Line on the MBTA. Additionally, there is ample parking, unlike the previous Boston location. Please review your biometric appointment notices carefully. The address where you should attend to your appointment will be listed
On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced new measures to deter and detect H-1B visa fraud and abuse by increasing the amount of unannounced worksite visits across the country.
USCIS will be conducting site visits, especially for companies:
- Who cannot be validated by their basic public business information;
- Who have a high amount of H-1B workers compared to U.S. workers; and
- Whose H-1B employees are working off-site at another company or organization’s location.
Site visits will be focused to detect fraud and abuse of employers who are failing to make a good faith effort to hire U.S. workers. To further these efforts to detect fraud and abuse, USCIS created an email (REPORTH1BABUSE@USCIS.DHS.GOV) where anyone can report suspected abuse.
These new measures are heightened efforts from the 2009 measures implemented by USCIS and the U.S. Department of Labor (DOL). In the past, suspected fraud or abuse cases were referred to U.S. Immigration and Customs Enforcement (ICE) for further investigation. Other past measures taken were through the DOL’s Wage and Hour Division’s Form WH-4 for reporting employer fraud and abuse.
If you have any questions about these new fraud and abuse measures for H-1B workers, or should your office receive a site visit and you need further assistance; please contact Attorney Nicole Fink via e-mail at Nicole@foleylawoffices.com or by phone (617) 973-6448.