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Wednesday, June 17, 2020
Dear Readers:
The good news is that the USCIS may be recommencing operations at the District Offices. The bad news is that the USCIS may be doing so without funding. In addition, kindly note that information below was received from the U.S. Chamber of Commerce. It appears that there may be another U.S. Immigration Proclamation on the horizon. The news about the new Proclamation is "preliminary" and the NPZ Law Group, Immigration and Nationality Lawyers, go great lengths to properly vet US and Canadian immigration information to ensure that we do not spread "rumors". Until the actual Proclamation is released we will not know what if the below described predictions will be included. However, because of the potentially "sweeping nature" of the new Proclamation we felt it necessary to provide you with the following information regarding, what is believed to be, included in the potential new Presidential Proclamation. It appears that the WH, DOL, and DHS have settled on a temporary entry ban for H-1B, H-2B, L-1, and J-1. We hear that it is highly -likely that there will be exemptions for nonimmigrants in these classifications that are performing COVID related medical research, for healthcare professionals, and for food supply workers. Also, there will be exemptions for workers in the above-mentioned NIV categories if the employer has performed certain additional recruitment efforts to locate American workers to fill these jobs, but have been unable to do so. Lastly, there will be a broad national interest catch-all exception. It is our additional understanding that there still remains some difference of opinion regarding how L-1A managers and executives should be treated, specifically on whether these individuals should be exempt from this Proclamation. As to the duration of this Proclamation that will ban the entry of nonimmigrants in the above-referenced classifications, the time range is between 90 - 180 days, with those "in the know" handicapping it at 120 days. For more information check out the Immigration and Nationality Lawyers and the cutting edge information we are providing on our website and blogsite at https://www.visaserve.comWe work hard to continue to keep you updated with developments in the US and Canadian Immigration and Nationality Law arenas.You can always e-mail to us at info@visaserve.comwith any business, family or personal Immigration and Nationality Law needs. |
THE DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF HOMELAND SECURITY PROPOSE A RULE ON PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL. | On June 10th, 2020, The Department of Justice and the Department of Homeland Security (collectively, the Departments) submitted to the Federal Register for publication a notice of proposed rulemaking (NPRM) that would amend multiple provisions of the Departments' regulations to create more efficient procedures for the adjudication of claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) regulations. The NPRM is now available for public inspection and is expected to publish in the Federal Register in the near future. |
TODAY'S RUMORS: WHAT WE ARE HEARING ABOUT THE EXPANSION OF PRESIDENTIAL PROCLAMATION 10014.
| Since the April 22nd, 2020, announcement of Presidential Proclamation 10014, "Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak" (85 FR 23441, 4/27/20), we have all been waiting for the "other shoe to drop". That Proclamation threatened not only the extension of the existing Proclamation within 60 days, but also a potential expansion to nonimmigrant visas. |
EXCHANGE VISITOR PROGRAM FACES UNCERTAINTY AS US OPENS BUT EMBASSIES REMAIN CLOSED (SOURCE: IMMIGRATION IMPACT) | The coronavirus pandemic has affected day-to-day life for everyone, including foreign nationals who planned to participate in the U.S. Department of State's Exchange Visitor Program. These programs use on-the-job training and are often planned months in advanced. Many large organizations and companies that sponsor and host exchange visitors-who come to the United States on J-1 visas-have been left wondering if their programs will happen at all this year. |
| On May 29th, 2020, U.S. Citizenship and Immigration Services announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month. Effective June 1st, 2020, USCIS started accepting Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions. Effective June 8th, USCIS started accept premium processing requests for: · H-1B petitions filed before June 8th that are pending adjudication and are cap-exempt (for example, petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the numerical allocations). |
| Kindly note that information below was received from the U.S. Chamber of Commerce. It appears that there may be another Proclamation on the horizon. The news about the new Proclamation is "preliminary" and the NPZ Law Group, Immigration and Nationality Lawyers, go great lengths to properly vet US and Canadian immigration information to ensure that we do not spread "rumors". Until the actual Proclamation is released we will not know what if the below described predictions will be included. |
SEVP BROADCAST MESSAGE: F-1 STUDENT CAP GAP EXTENSION AND THE REVISED H-1B REGISTRATION PROCESS. | ICE released a broadcast message on the new USCIS registration process for employers seeking to file an H-1B cap-subject petition, including for those in F-1 status. The message notes that receipt of an H-1B Registration Selection Notice does not qualify an F-1 student for a cap-gap extension.
On May 22nd, the Student and Exchange Visitor Program (SEVP) revised Student and Exchange Visitor Information System (SEVIS) functionality to accommodate changes in the H-1B process. SEVIS has been modified to automatically add cap-gap extensions to records of eligible F-1 students whose H-1B petition was receipted by USCIS. The "waitlisted" and "rejected" cap-gap 2 options are no longer available in SEVIS. If the link is missing or if other changes are needed, the designated school official (DSO) must call the SEVP Response Center and request a data fix. SEVP is aware that USCIS may select and consider registrants until September 30th using any leftover quota. However, an F-1 student is not eligible for the cap-gap extension until their employer has filed an H-1B petition on their behalf. |
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR JUNE 2020 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW? YES ... WE KNOW ... MOVEMENT CONTINUES TO BE SLOW! | Employment-Based, First Preference (EB-1) Category The EB-1 cutoff date for India moves ahead by more than ten months, to June 8th, 2016. Meanwhile, EB-1 China moves up to August 15th, 2017. The category remains current for all other countries of chargeability. Employment-Based, Second Preference (EB-2) Category The EB-2 category remains current for all countries of chargeability except India and China. EB-2 China moves forward to November 1st, 2015. EB-2 India advances to June 12th, 2009. Employment-Based, Third Preference (EB-3) Category The cutoff date for EB-3 China moves forward to June 15th, 2016. EB-3 India moves ahead to April 1st, 2009. All other cutoff dates for the EB-3 category are set at November 8th, 2017. EB-3 Other Workers With the exception of China, the cutoff dates for EB-3 other workers are the same for each country as its respective EB-3 cutoff dates. For China, the cutoff date for EB3- other workers progresses to July 15th, 2008. Employment-Based, Fourth Preference (EB-4) Category The cutoff date for EB-4 Mexico moves forward to June 8th, 2018. Meanwhile, the cutoff date for El Salvador, Guatemala, and Honduras moves to December 15th, 2016. This category remains current for all other countries of chargeability. Employment-Based, Fifth Preference (EB-5) Category The EB-5 category remains current for all countries of chargeability except China, India, and Vietnam. For China, the cutoff date moves to July 15, 2015. EB-5 India advances to January 1st, 2020. For Vietnam, the EB-5 cutoff date moves to April 22nd, 2017. |
CANADIAN IMMIGRATION LAW NEWS .
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EXPRESS ENTRY DRAW TO APPLY FOR PERMANENT RESIDENCE #152. | On June 11th, 2020, The Minister of Citizenship and Immigration issued 3,559 Invitations to Apply ("ITA") for Permanent Residence under the Express Entry system.
The minimum Comprehensive Ranking Score ("CRS") is currently 437 or higher. This draw only included candidates who adjusted their Canadian Experience Class with Express Entry. Tie-breaking rule in place. |
| Canada has become a destination of choice for international students. This is attributed to strong schools and programs of study in both English and French; welcoming and diverse communities with an enviable quality of life; and opportunities to start careers. Eventually, these students become ideal candidates for permanent residency with their Canadian education, in-demand labor skills, and proficiency in one of the official languages. |
CHECKOUT VISASERVE'S REGULARLY UPDATED YOUTUBE VIDEO LIBRARY (SOME SELECTIONS BELOW) ABOUT U.S. AND CANADIAN IMMIGRATION LAWS:
"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
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MARRIAGE FIANCE & FAMILY CASES AND THE IMPORTANCE OF A VALID AND LEGALLY SUFFICIENT BIRTH CERTIFICATE. | Birth Certificate - A copy of the applicant's foreign birth certificate or sufficient secondary evidence of birth must be submitted to establish the applicant's country of citizenship for visa chargeability, identity, and existence of derivative relationships. [2]Each foreign birth certificate must include a certified English translation. [3] Officers should check the Department of State's Country Reciprocity Scheduleto determine availability of birth certificates as well as acceptable secondary evidence of birth for specific countries. Unavailability of Records and the Use of Affidavits - There are certain situations where an applicant may not be able to provide the required primary evidence but may be able to submit secondary evidence. When submitting secondary evidence, an applicant must establish that the required primary document is unavailable or does not exist |
IS APPLYING FOR UNEMPLOYMENT INSURANCE (UI) GOING TO IMPACT CONSIDERATION FOR ME AS A "PUBLIC CHARGE" UNDER THE NEW FEBRUARY 24TH PUBLIC CHARGE RULE (AND THE NEW FORM I-944)? | Unemployment Insurance Benefits Are Normally Not Subject to Public Charge. Unemployment insurance benefits are not generally taken into consideration by the USCIS for purposes of making a public charge determination. As USCIS explained in its final rule on inadmissibility on public charge grounds ... "DHS would not consider federal and state retirement, Social Security retirement benefits, Social Security Disability, post secondary education, and unemployment benefits as public benefits under the public charge inadmissibility determination as these are considered to be earned benefits through the person's employment and specific tax deductions". Additionally, the USCIS Policy Manual states that unemployment benefits are not considered by USCIS in a public charge inadmissibility determination as unemployment insurance is considered by USCIS as an "earned" benefit. See USCIS Policy Manual, Volume 8, Part G, Chapter 10. As a result of the definitions laid out in the final rule and the USCIS Policy Manual, claiming unemployment insurance benefits (if otherwise eligible for it) should not lead to a public charge determination. The unemployment benefit insurance program is administered by the states who pick up the cost of providing the unemployment insurance initially (normally 26 weeks). After this period, the federal government pays for the cost of the unemployment insurance up to a certain maximum number of weeks. Eligibility for unemployment insurance varies slightly by state and also as to whether the benefits are paid by the state (during the first 26 weeks) or by the federal government (afterwards). We should caution, however, that losing one's job may create factors which would weigh negatively during a public charge analysis. For example, many workers obtain health insurance through their employment and not having health insurance, especially with medical conditions, is a negative factor for public charge. |
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