11/01/2013
Weekly Immigration News Update
(10/28/2013 – 11/1/2013)
• “Reminder: FY 2015 Diversity Lottery Registration Ends Saturday, November 2” –fragomen.com
o 10/31/2013
o Registration for the FY 2015 Diversity Visa (DV) lottery ends of Saturday, November 2, at noon EDT.
o FNs who wish to register for the FY 2015 lottery must submit their online registration forms and accompanying photographs by that time.
o To view the entire reminder: http://www.fragomen.com/newsresources/xprNewsDetailFrag.aspx?xpST=USAlerts&news=2389
• “Visa Office Update on Priority Dates and Demand: -AILA.org
o Posted 11/1/2013
o On Wednesday, October 23, 2013, Mr. Charlie Oppenheim of the DOS Visa Office spoke at the AILA Washington D.C. Chapter dinner.
o Below is an overview of his statements, which are subject to change based on usage or new developments:
His office is concerned again this year that the EB-5 numbers for China are moving too fast and there could be a cut-off for China EB-5 in June 2014 or later, if usage remains at the current levels. Worldwide EB-5 usage is up as well.
The India EB-2 cutoff date is expected to retrogress from June 2008 (which is what it is in the November 2013 Visa Bulletin) to 2004 or 2005 in December 2013. This is due in large part to Indian nationals "upgrading" from EB-3 to EB-2.
India EB-3 will continue to move very slowly.
Worldwide EB-2 is expected to remain current.
o To read the entire article, containing other statements from Mr. Oppenheim: http://aila.org/content/default.aspx?docid=38263
• “Alabama, civil rights groups, DOJ reach agreement in HB 56 lawsuit” –Montgomery Advertiser
o 10/29/2013
o The state has settled long-running lawsuits with the US DOJ and a coalition of civil rights groups over the state’s immigration law, known as HB 56
o Under agreements filed in the U.S. Northern District Court on Tuesday, Alabama will specify that law enforcement can not stop someone “for the purpose of ascertaining that person’s immigration status or because of a belief that the person lacks lawful immigration status.”
o Alabama will also pay $350,000 in legal fees for the plaintiffs in the civil rights case
o Provisions of the law that have already been blocked by courts will remain permanently blocked
o To read the entire article: http://www.montgomeryadvertiser.com/article/20131029/NEWS/310290031/Alabama-civil-rights-groups-DOJ-reach-agreement-HB-56-lawsuit
• “Tips for Foreign Nationals in the United States Impacted by Civil Unrest or Natural Disasters in Their Home Country” –USCIS.gov
o 10/30/2013
o USCIS posted tips on its website for foreign nationals who are currently in the US who have been impacted by civil unrest or natural disasters in their home countries
o USCIS states that available options for which a FN may apply include:
A change or extension of nonimmigration status for an individual currently in the United States;
Expedited adjudication and approval, where possible, for requested off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and relatives of lawful permanent residents whose priority dates are current; and
Expedited employment authorization where appropriate.
o To read the entire posting: http://www.uscis.gov/news/alerts/tips-foreign-nationals-united-states-impacted-civil-unrest-or-natural-disasters-their-home-country
• “USCIS Launches Redesigned USCIS Website” –AILA8
o 10/30/2013
o USCIS announced that it has launched its redesigned website in English, as well as Spanish
o To view the newly launched website: www.uscis.gov
Spanish version: www.uscis.gov/es
• “Federal Inquiry Into Indian Firm Puts a Focus on Widespread Visa Abuses” –NYTimes.com
o 10/30/2013
o A federal investigation into visa use by Infosys, the Indian technology outsourcing giant, has brought to light widespread abuses in the industry and promoted investigations into other foreign outsourcing firms, federal officials said on Wednesday (10/30/2013)
o In the largest settlement ever in an immigration case, Infosys admitted no visa violations but agreed to pay $34 million to resolve the claims made by federal prosecutors in TX
The settlement amount is relatively small for Infosys, with 160,000 employees worldwide and reported revenues of $7.9 billion, 70% of which comes from consulting in the U.S.
o As a part of the settlement, Infosys acknowledged major errors and omissions in records it kept on its employees in the U.S., but did not admit to system fraud
o Federal investigators said Wednesday that they had uncovered numerous cases in which Infosys had brought in Indian workers on B-1 visas, to do work not allowed under that visa
Investigators from DHS examined 6,500 B-1 visas Infosys had used to bring in Indian workers over five years
o To read the entire article: http://www.nytimes.com/2013/10/31/us/indian-tech-giant-infosys-paying-34-million-to-settle-visa-abuse-case.html
• “Three Republicans back Democratic immigration bill in House” –USAToday.com
o 10/30/2013
o Rep. David Valadao (R-CA), on Wednesday became the third Republican to co-sponsor the bill, which includes a pathway to citizenship for the nation’s 12 million undocumented immigrants
o Valadao’s decision joins Reps. Ileana Ros-Lehtinen (R-FL) and Jeff Denham (R-FL)
o A bill needs 218 votes to pass the House and the Democratic bill has 186 co-sponsors.
Adding 3 COP votes still falls well short of a majority for passage
o To read the entire article: http://www.usatoday.com/story/news/politics/2013/10/30/immigration-house-democratic-bill/3316257/
• “Temporary Accommodation for Form I-129 H-2A Petitions” –USCIS.gov
o 10/23/2013
o USCIS has been informed that the DOL’s Office of Foreign Labor Certification is once again accepting and processing applications, including Temporary Labor Certifications (TLCs)
o On October 21, 2013, DOL issued an announcement to H-2A stakeholders stating that once the TLC is certified, the Chicago National Processing Center will send an email to the employer and its authorized representatives containing an Adobe PDF of the labor certification
The employer would need to print, sign and date the PDF version for submission to USCIS with the Form I-129
o USCIS usually requires that a petitioner submit the certified TLC on blue security paper with original signatures
Beginning October 23, 2013, USCIS in consultation with DOL, has determined that USCIS will temporarily accept Form I-129 H-2A petitions that are filed with a copy of the certified TLC
This is a temporary accommodation
o http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=47894061ca6e1410VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
Registration for the FY 2015 Diversity Visa (DV) lottery ends on Saturday, November 2 at noon EDT. Foreign nationals who wish to register for the FY 2015 lottery must submit their online registration forms and accompanying photographs by that time. Applicants must carefully follow the State Departme...