On December 27, 2016,  the Secretary of the Department of Homeland Security has designated as precedential the USCIS Administrative Appeals Office’s (AAO) decision in Matter of Dhanasar.  This precedent decision vacated the previous precedent, NYSDOT --  Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998). 
  
The Dhanasar case overview:
 
Mr. Dhanasar has a Ph.D. in aeronautical engineering, 2 M.S. degrees and an impressive credentials and resume, a "rocket scientist". However, when he self-petitioned for a green card under the National Interest Waiver program, the USCIS denied his I-140 petition under the old law (old 1998 precedent, case NYSDOT, which was now overruled by Dhanasar case). The AAO applied a preponderance of the evidence standard and a new NIW test, and decided that: (1) the petitioner’s research in aerospace engineering has both substantial merit and national importance; (2) the petitioner is well positioned to advance his research; and (3) on balance, it is beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. We find that the petitioner has established eligibility for and otherwise merits a national interest waiver as a matter of discretion.

On appeal, on 12/27/2016 the Administrative Appeals Office (AAO) concluded that the old precedent, NYSDOT test, was overly restrictive and approved the I-140 petition as a National Interest Waiver. AAO also changed the NIW test.
 
On December 27, 2016, DHS had relaxed rules for applying for NIW National Interest Waiver green card in EB-2 category. It will benefit many potential immigrants who consider applying for a green card under NIW. Many will be able to concurrently submit I-140, I-485, and applications for a work permit and advance parole. Except for India and China, where because of a backlog in EB-2 category, applicants from India and China will be unable to apply immediately for adjustment of status. Being able to qualify for a EB-2 green card as a NIW, will help many to avoid PERM and having an employer to petition for them, and will speed up the process of becoming a permanent resident.
 
This new precedent decision means that USCIS may grant a national interest waiver if the petitioner proves three elements of the test:

(1) that the foreign national’s proposed endeavor has both substantial merit and national importance; and
(2) that he or she is well positioned to advance the proposed endeavor; and
(3) that, on balance, it would be beneficial to the United States to waive the requirement of a job offer and thus of a labor certification.
 
The new NIW test still leaves discretion in the USCIS hands to determine whether to approve or deny the National Interest Waiver I-140 EB-2 petition. However, each of the three NIW requirements has been relaxed to make it easier for an applicant to prove his case.  
 
For more information on the AAO please visit www.uscis.gov/aao.
The case can be found in the Virtual Law Library of the Department of Justice’s Executive Office for Immigration Review.
 
Вкратце по-русски:

27 декабря 2016 решение Административного аппеляционного офиса по иммиграционным делам по делу Дханасар было официально признано DHS / USCIS новым прецедентом для всех последующих дел и петиций USCIS I-140 на грин карту по программе Вейвера в Национальных Интересах (National Interest Waiver).
Вкратце факты дела Дханасар: Г-н Дханасар имеет степень доктора наук и две степени мастера, а также длинный послужной список и впечатляюшее резюме, он эксперт в области ракетостроения и космоса. Когда он подал заявление на грин карту по программе Вейвера в Национальных Интересах, ему было отказано по причине несоответствия тесту на NIW в предыдущем прецеденте, деле 1998 года NYSDOT. Старый тест было очень сложно доказать, особенно третье требование.
Новое прецедентное решение ААО в корне изменило старый тест на NIW: все три требования по тесту были изменены и облегчены. В результате многим заявителям будет проще получить грин карту по этой программе, и избежать PERM и петицию от работодателя. Также многие смогут сразу подать заявления на грин карту adjustment of status, разрешение на работу и поездки за границу пока adjustment of status находится на рассмотрении.
Дело Дханасар тут: https://www.justice.gov/eoir/page/file/920996/download

​

US Department of State Consular Affairs issued substantial new guidance on the E-3 work visa for Australian Professionals.

9 FAM 402.9-8  REQUIREMENTS FOR E-3 VISAS
9 FAM 402.9-8(A)  Background
(CT:VISA-1;   11-18-2015)
(Previous Location: 9 FAM 41.51 N16.1  CT:VISA-1586;   10-14-2010)
a. The E-3 visa classification ("treaty alien in a specialty occupation") was the result of Public Law 109-13, entitled "The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005" (May 11, 2005).  The new law added paragraph (iii) to INA 101(a)(15)(E), establishing a visa classification for Australians in specialty occupations.
b. The law allows for the temporary entry of Australian professionals to perform services in a “specialty occupation” for a United States employer.  The temporary entry of nonimmigrants in specialty occupations is provided for at Section 501 of Public Law 109-13.  The law establishes a new category of temporary entry for nonimmigrant professionals, the E-3 category.  Unlike the current E-1 and E-2 visas, the E-3 visa is not limited to employment that is directly related to international trade and investment.  Subject to the requirements discussed herein, E-3 visa holders are eligible to work for any employer in the United States.  Dependent spouses and children accompanying or following to join are also eligible for temporary entry.
c.  To qualify for an E-3 visa, an Australian must:
(1)  Present to you an approved Labor Condition Application (LCA) issued by the Department of Labor (DOL);
(2)  Demonstrate to you that the prospective employment meets the standard of being “specialty occupation employment” (see 9 FAM 402.9-8(E) below);
(3)  Show you that the necessary academic qualifications for the job have been met (see 9 FAM 402.9-8(H));
(4)  Convince you that the proposed stay in the United States will be temporary (see 9 FAM 402.9-4(C); and
(5)  Provide evidence of a license or other official permission to practice in the specialty occupation if required as a condition for the employment sought (see 9 FAM 402.9-8(H)).  In certain cases, where such license or other official permission is not required immediately, an alien must demonstrate that he or she will obtain such licensure or permission within a reasonable period of time following admission to the United States.
d. A maximum of 10,500 E-3 visas can be issued annually.
9 FAM 402.9-8(B)  What is Needed to Qualify for a Specialty Occupation Visa
(CT:VISA-185;   09-26-2016)
Principals:  A treaty alien in a specialty occupation must meet the general academic and occupational requirements for the position pursuant to INA 214(i)(1).  In addition to the nonimmigrant visa (NIV) application, the following documentary evidence must be submitted in connection with an application for an E-3 visa:
(1)  A completed Form ETA-9035-E, Labor Condition Application for Nonimmigrant Workers (formerly, Labor Condition Application for H-1B Nonimmigrants), certified by the Department of Labor (DOL). 
(2)  Evidence of academic or other qualifying credentials as required under INA 214(i)(1) and a job offer letter or other documentation from the employer establishing that upon entry into the United States the applicant will be engaged in qualifying work in a specialty occupation and that the alien will be paid the actual or prevailing wage referred to in INA 212(t)(1).  A certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement.  Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
(3)  In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.
(4)  Evidence establishing that the applicant’s stay in the United States will be temporary.  (See 9 FAM 402.9-4(C) and 9 FAM 402.9-4(H).)
(5)  A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission.
(6)  Evidence of payment of the Machine Readable Visa (MRV) fee.
9 FAM 402.9-8(C)  Form ETA-9035 Labor Condition Application (LCA) from the Department of Labor (DOL) Required
(CT:VISA-185;   09-26-2016)
a. Filing Form ETA-9035-E:  For all prospective E-3 hires, employers must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) containing attestations relating to wages and working conditions.
b. LCAs for E-3 cases must be submitted electronically via the Department's iCERT Portal System.  The iCERT Portal System is available at: http://icert.doleta.gov.  The only two exceptions for electronic filing are physical disability and lack of internet access preventing the employer from filing electronically.  Employers with physical disabilities or lack of internet access preventing them from filing electronic applications may submit a written request for special permission to file their LCAs via U.S. mail.  Such requests MUST be made prior to submitting an application by mail and should be addressed to:
Administrator, Office of Foreign Labor Certification
Employment Training Administration
U.S. Department of Labor
Room C-4312
200 Constitution Avenue, NW
Washington, DC 20210
c.  The Form ETA-9035 used for requests by mail and Form ETA-9035E used for electronic submissions are the same form.  The current ETA-9035/9035E is six to seven pages long.  Page 1 (numbered page 1 of 1) includes three attestations for the employer to complete in the electronic filing system.  Pages 2-6 (numbered page 1 of 5 through page 5 of 5) contain Sections A through O, and the 7th page is optional for any Addendum to Section G to list additional worksite details.
d. All E-3 LCAs will contain case numbers in the following format:  I-203-xxxxx-xxxxxx.  All LCAs that were submitted online will display the case number, case status and period of employment on the bottom of each page.  Section K on page 4 should contain the signature of the employer.  If there is no employer signature, the LCA is not valid for processing and consular staff should 221(g) the case until a signed copy of the LCA has been submitted.  In section M of the LCA, the signature block will contain the validity dates of the certification, the Department of Labor’s signature as “Certifying Officer” (not a specific official's name), the determination date, the case number, and the case status as “Certified.”  A mailed LCA likely would not have a computer-generated footer at the bottom of the form with the case number, case status, and period of employment.  A mailed-in LCA would likely also be completed in a different computer font or contain handwritten information.
e. Acceptance of Form ETA-9035 by Posts:  For mailed-in applications, DOL faxes the LCA back to the employer after approval.  Applications approved online are presented on-screen to the employer at the completion of the filing process in the form of a PDF/.pdf document.  Consequently the applicant will be presenting either the initial faxed LCA, a printed PDF/.pdf document, or a copy of either of these; there will be no “original” document that will be presented.  You must check to make sure the approval date of the LCA is later than September 2, 2005 (the effective date of the Department of State's E-3 regulatory publication).
f.  Verifying Authenticity of the E-3 LCA:  Your acceptance of the LCA certification is discretionary.  If you are not satisfied that the LCA being presented is authentic, you should suspend action on the case (INA 221(g)) and verify the LCA with the Department of Labor (DOL). 
g. DOL posts html versions of all certified E-3 LCAs on the Labor Certification Registry website.  For additional questions concerning the authenticity of a particular LCA, you should send requests to the LCA Help Desk at [email protected]., or by mail to U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Chicago National Processing Center, 11 West Quincy Court, Chicago, IL 60604-2105.
h. Petition Filing with DHS Not Required: An employer of an E-3 treaty alien in a specialty occupation is not required to file a petition with DHS.  Instead, a prospective employee will present evidence for classification, including the approved Form ETA-9035-E, directly to you at the time of visa application.
9 FAM 402.9-8(D)  Definition of Specialty Occupation
(CT:VISA-185;   09-26-2016)
The E-3 category provides for the issuance of visas solely to E-3 qualifying nationals performing employment within a “specialty occupation.”  The definition of “specialty occupation” is one that requires:
(1)  A theoretical and practical application of a body of specialized knowledge; and
(2)  The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.  Note: In determining whether an occupation qualifies as a "specialty occupation," follow the definition contained at INA 214(i)(1) for H-1B nonimmigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and legacy Immigration and Naturalization Service (legacy INS).  See 9 FAM 402.10-5(E).
9 FAM 402.9-8(E)  Determining “Specialty Occupation” Qualification
(CT:VISA-185;   09-26-2016)
Although the term “specialty occupation” is specifically defined at INA 214(i)(1), and further elaborated upon in DHS’s regulations (8 CFR 214.2(h)(4)(iii)(A)), consular determinations of what qualifies as a “specialty occupation” will often come down to a judgment call by the adjudicating consular officer.  You must determine whether the job itself falls within the definition of “specialty occupation,” and also examine the alien’s qualifications, including his or her education and experience.  You should consider the available offer of employment and the information obtained during the interview, and then on the basis of this information, make a reasoned evaluation whether or not the offer of employment is for a “specialty occupation.”  Then you must be sure that the applicant has the required degree, or equivalency of experience and education, to adequately perform the stipulated job duties.
9 FAM 402.9-8(F)  Referring Questionable Cases to CA/VO/L/A and/or the Kentucky Consular Center (KCC)
(CT:VISA-185;   09-26-2016)
a. Request additional assistance/guidance from CA/VO/L/A if significant doubt remains regarding the E-3 alien’s work experience, or if the proposed employment does not appear to meet the requirements for “specialty occupation” as described above in 9 FAM 402.9-8(E).  The Department of Homeland Security's Bureau of U.S. Customs and Immigration Services (USCIS) has significant experience in making "specialty occupation" determinations related to adjudicating H-1B cases, so the advisory opinions division will work closely with USCIS on issues you send in for opinion.
b. If you have concerns about information regarding or provided by the employer (e.g., you doubt that the employer can pay the prevailing wage, or you do not believe the business is large enough to support additional employees), please email KCC at [email protected] with your concerns, providing as much factual detail as possible.  KCC will review the information, investigate, and attempt to provide you with information to address those concerns.
9 FAM 402.9-8(G)  Intent to Depart Upon Termination of Status
(CT:VISA-1;   11-18-2015)
(Previous Location: 9 FAM 41.51 N16.6  CT:VISA-771;   10-03-2005)
a. Temporary entry for treaty aliens in specialty occupations is the same standard used for treaty traders/investors.
b. The alien’s expression of an unequivocal intent to return when the E-3 status ends is normally sufficient, in the absence of specific evidence that the alien’s intent is to the contrary.
c.  The applicant must satisfy you that he or she plans to depart the United States upon termination of status; however, he or she does not need to establish intent to proceed to the United States for a specific temporary period of time nor does an applicant for an E-3 visa need to have a residence in a foreign country that the applicant does not intend to abandon.
d. The alien may sell his or her residence and move all household effects to the United States.
e. An E-3 applicant may be a beneficiary of an immigrant visa (IV) petition filed on his or her behalf.
9 FAM 402.9-8(H)  E-3 Licensing Requirements
(CT:VISA-1;   11-18-2015)
(Previous Location: 9 FAM 41.51 N16.7  E-3 CT:VISA-771;   10-03-2005)
a. An E-3 alien must meet academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation.  If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted.  In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, the alien must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States.  However, as illustrated in the example in paragraph b(4) below, in other instances, an alien will be required to present proof of actual licensure or permission to practice prior to visa issuance.  In all cases, an alien must show that he or she meets the minimum eligibility requirements to obtain such licensure or sit for such licensure examination (e.g., he or she must have the requisite degree and/or experience).  Even when not required to engage in the employment specified in the visa application, a visa applicant may provide proof of licensure to practice in a given profession in the United States together with a job offer letter, or other documentation, in support of an application for an E-3 visa.
b. The following examples are illustrative:
(1)  An alien is seeking an E-3 visa in order to work as a law clerk at a U.S.-based law firm.  The alien may, if otherwise eligible, be granted an E-3 visa if it can be shown that the position of unlicensed law clerk is a specialty occupation, even if he or she has not been admitted to the bar.
(2)  An alien has a job offer from a law firm promising him or her a position as an associate if the alien passes the bar exam.  The application indicates that the position in question meets the definition of a specialty occupation.  The alien may apply for an E-3 visa even if he or she will not be immediately employed in the position offered, but will be studying for the bar examination upon admission to the United States.  You may issue the visa if you are satisfied that the alien will be taking steps to obtain bar admission within a reasonable period of time following admission to the United States.  What constitutes a reasonable period of time will depend on the specific facts presented, such as licensure examination schedules and bar preparation course schedules.
(3)  An alien does not have a job offer, but wishes to study for the bar upon admission to the United States with the hope of finding a position at a United States-based law firm.  The alien would not be eligible for E-3 classification, since he or she would not be coming to work in a specialty occupation.  This person would be required to obtain another type of visa, such as a B-1, in order to study for the bar in this country.
(4)  An alien has an offer for employer with a law firm as a litigator, and is to begin working within two weeks of entry into the United States.  The applicant must demonstrate that he or she has been admitted to the appropriate bar, or otherwise has obtained permission from the respective jurisdiction or jurisdictions where he or she intends to practice to make court appearances.
9 FAM 402.9-8(I)  Numerical Limitation on E-3 Visas
(CT:VISA-185;   09-26-2016)
a. Only E-3 principals who are initially being issued E-3 visas for the first time, or who are otherwise  obtaining E-3 status (in the United States) for the first time,are subject to the 10,500 annual numerical limitation provisions of INA 214(g)(11)(B).  Consequently, spouses and children of E-3 principals, as well as returning E-3 principals who are being issued new E-3 visas for continuing employment with the original employer, are exempt from the annual numerical limit (see b. and c. immediately below).
b. An E-3 principal who is applying for a new visa following the expiration of the initial E-3 visa, or who is applying for a visa after initially obtaining E-3 status in the United States, is not subject to the annual E-3 numerical limit, provided it is established to your satisfaction that there has been uninterrupted continuity of employment.  “Uninterrupted continuity of employment” means that the applicant has worked, and continues to work, for the U.S.-based employer who submitted the original Labor Condition Application (LCA) and offer of employment.  To ensure that such applicants are not counted against any subsequent numerical limit, returning E-3 principals will be identified by the visa code “E-3R” (with “R” representing the status of “returning”).
c.  To ensure that the spouse and children of E-3 principals are not counted against the numerical limit, they will be identified by the visa code “E-3D” (with “D” representing the status of “dependent”).
d. At the end of each fiscal year, any unused E-3 numbers are forfeited; such visa numbers do not carry over to the next fiscal year.
e. The Department of State will keep count of the number of E-3 visas issued, and of changes of status to E-3 in the United States as reported by the Department of Homeland Security (DHS).  If it appears that the 10,500 annual numerical limits will be reached in any fiscal year, the Department of State will instruct posts to cease E-3 issuances for that fiscal year.
9 FAM 402.9-8(J)  Part-Time Employment by E-3 Applicants
(CT:VISA-185;   09-26-2016)
An E-3 worker may work full or part-time and remain in status based upon the attestations made on the LCA.  Section B.4 on the LCA provides the option to request part time employment and DOL approves LCAs for part-time employment.  Although nothing is specifically stated in the law/regulation about full-time employment for E-3s, you will need to evaluate the public charge ramifications for any E-3 applicant planning on coming to the United States as a part-time employee.
9 FAM 402.9-8(K)  Applicants with Multiple LCAs
(CT:VISA-185;   09-26-2016)
a. If an applicant presents more than one valid LCA, consular officers should evaluate each LCA on its own merits.  The applicant will have to qualify for each LCA separately, and each proposed employment situation must overcome public charge concerns on its own.  Clearly indicate in the case remarks which LCAs and positions the applicant qualifies for.
b. Multiple annotations: You should annotate the visa with the employer's name, LCA case number and LCA issuance date for each employer.  You may need to use abbreviations in order to make more than one set of annotations fit onto the visa foil.  If there is not enough room on the visa foils to add all of the required annotations contact VO/F for additional guidance.
c. If an applicant presents multiple LCAs for E-3 and E-3R (returning E-3) positions at the same time, and is approved for multiple positions, only one visa should be issued.  The visa should be issued for an E-3 position to ensure that the visa is counted towards the annual numerical limit.  The visa should be annotated with the employer's name, LCA case number and LCA issuance date for each E-3 position AND the employer's name, LCA case number and LCA issuance date for each E-3R position.  If there is not enough room on the visa foils to add all of the required annotations contact VO/F for additional guidance.
9 FAM 402.9-8(L)  Considerations in Processing E-3 Visas
(CT:VISA-185;   09-26-2016)
a. Validity of Issued Visa:  The validity of the visa should not exceed the validity period of the LCA.  The Department of State and DHS have agreed to a 24-month maximum validity period for E-3 visas.
b. Initial Authorized Period of Stay for E-3 Applicants: E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he or she does not intend to remain or work permanently in the United States.
c.  Fees: Other than the normal visa-related Machine Readable Visa (MRV) fees, there is no other fee associated with the issuance of an E-3 visa.
d. Reports of Cancelled or Revoked E-3 Visas: In the event an E-3 visa is cancelled or revoked prior to the applicant’s entry into the United States, a report must be sent to CA/VO/DO/I explaining the circumstances attendant to the non-use of the E-3 number.  In cases where the E-3 number has not been used, it will be added back into the remaining pool of unused E-3 visa numbers for that fiscal year.
e. Annotation of E-3 Visas:  Annotate E-3 visas of the principal applicant with the name of the employer, the ETA case number (found at the bottom of each page of the Form ETA-9035), and the LCA’s issuance date (the "Determination Date" listed in part M. on page 5 of the Form ETA-9035.)  Annotate E-3D visas for derivatives of the principal applicant with the name of the principal applicant, the name of the employer, the ETA case number and the LCA's issuance date.
9 FAM 402.9-8(M)  Special Note about H-1B Petitions
(CT:VISA-185;   09-26-2016)
When the H-1B numerical cap is reached before the end of the fiscal year, it is likely that there will be numerous Australian H-1B applicants who will have approved Labor Condition Application’s (LCA) but whose petitions for H-1B status are returned unapproved by the DHS for lack of an available H-1B visa number.  Currently, you are not permitted to accept LCAs approved based upon H-1B-related offers of employment.  Rather, the United States employer must submit a new LCA request to DOL and receive a separate E-3-based LCA approval for any employee possessing a previously approved H-1B-based LCA.
9 FAM 402.9-9  SPOUSE AND CHILDREN OF E VISA ALIENS
(CT:VISA-185;   09-26-2016)
a. Entitled to Derivative Status:  The spouse and children of an E visa alien accompanying or following to join the principal alien are entitled to derivative status in the same classification as the principal alien.  The nationality of the spouse and children of an E visa applicant is not material.  The spouse and children of an E visa alien receive the same visa validity and number of entries, and are required to pay the same reciprocity fee, if applicable, as the principal alien, as listed in the reciprocity schedule for the principal alien's country of nationality.
b. Spouses and Children:  To establish qualification for E-3 classification as the spouse or child of an E-3 alien, you may accept whatever reasonable evidence is persuasive to establish the required qualifying relationship.  The presentation of a certified copy of a marriage or birth certificate is not mandatory if you are otherwise satisfied that the necessary relationship actually exists.
c.  Spouse and Children of E-3 Aliens Not Subject to Numerical Limitation: The spouse and children of E-3 principals are classifiable as E-3’s, using the visa code E-3D.  They are not counted against the 10,500 annual numerical limitation described at INA 214(g)(11)(B).
d. Employment by Spouse of E Visa Aliens: INA 214(e)(6) permits the spouse (but not other dependents) of a principal E nonimmigrant to engage in employment in the United States.  The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the DHS for an employment authorization document, which an employer could use to verify the spouse’s employment eligibility.  Such spousal employment may be in a position other than a specialty occupation.

​See at:
https://fam.state.gov/FAM/09FAM/09FAM040209.html
 

Secretary of Homeland Security has suspended certain regulatory requirements for F-1 nonimmigrant Nepalese students who are experiencing severe economic hardship as a direct result of the April earthquake in Nepal. This relief applies only to students whose country of citizenship is Nepal and who were lawfully present in the United States in F-1 status on April 25, 2015, and enrolled in an institution certified by ICE’s Student and Exchange Visitor Program (SEVP).

This suspension will enable eligible F-1 students to obtain employment authorization (EAD or work permit), work an increased number of hours during the school term, and if necessary, reduce their course load while continuing to maintain their F-1 student status. 

The suspension of the regulatory requirements will remain in effect through Dec. 24, 2016. Students must apply for relief by Dec. 21, 2015.

As of Sept. 19, 2015, more than 9,000 F-1 students from Nepal were enrolled in courses at U. S. schools.

See the announcement here. 

On August 17 2015, USCIS published L-1B adjudications policy memorandum. New memo provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess "specialized knowledge" from their foreign operations to their operations in the United States. 

New memo provides consolidated guidance on the L-1B program, superseding and rescinding all prior L-1B memoranda. This memo applies only to L-1B visas/employees with specialized knowledge (not L-1A visas).

"Preponderance of the Evidence" Standard of Proof: a petitioner seeking approval of the L-1B visa, must establish that they meets each eligibility requirement of the L-1B classification by preponderance of evidence. This standard of proof is lower than that of "clear and convincing evidence" or "beyond a reasonable doubt" standards. 

Elements of the L-1B Classification:

In order to establish eligibility for approval, the L-1B petitioner must show: 
(1) that the beneficiary possesses “specialized knowledge”; 
(2) that the position offered involves the “specialized knowledge” held by the beneficiary; and 
(3) that the beneficiary has at least one continuous year of employment abroad in a managerial, executive, or specialized knowledge capacity with the petitioning employer and/or any qualifying organization (collectively referred to as the “petitioning organization”) within the preceding 3 years. 

If the beneficiary will be located primarily at the workplace of an unaffiliated company, the petitioner also must establish that the beneficiary is eligible for L-1B classification under the requirements of the L-1 Visa Reform Act, discussed below in section VI.

The new memo provides definition of "specialized knowledge".

A petitioner can demonstrate “specialized knowledge” by establishing either one of two statutory criteria. Under the statute, a beneficiary is deemed to have specialized knowledge if he or she has: 
(1) a “special” knowledge of the company product and its application in international markets; or 
(2) an “advanced” level of knowledge of the processes and procedures of the company. 
INA 214(c)(2)(B). 

The corresponding regulation similarly defines specialized knowledge in terms of “special” or “advanced” knowledge:
[S]pecial knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
8 CFR 214.2(l)(1)(ii)(D).

Other important things to keep in mind:
>>Specialized knowledge generally cannot be commonly held, lacking in complexity, or easily imparted to other individuals. 
>>Specialized knowledge need not be proprietary or unique to the petitioning organization. 
>>The L-1B classification does not involve a test of the U.S. labor market.
>>Specialized knowledge workers need not occupy managerial or similar positions or command higher compensation than their peers.

The memo notes the following "non-exhaustive" list of factors USCIS may consider when determining whether a beneficiary’s knowledge is specialized:

• The beneficiary possesses knowledge of foreign operating conditions that is of significant value to the petitioning organization's U.S. operations.
• The beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the employer's productivity, competitiveness, image, or financial position.
• The beneficiary's claimed specialized knowledge normally can be gained only through prior experience with the petitioning organization.
• The beneficiary possesses knowledge of a product or process that cannot be easily transferred or taught to another individual without significant economic cost or inconvenience (because, for example, such knowledge may require substantial training, work experience, or education).
• The beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily unique to the petitioning organization.
• The beneficiary possesses knowledge that is particularly beneficial to the petitioning organization's competitiveness in the marketplace.

Other evidence that a petitioner may submit to demonstrate that an individual’s knowledge is special or advanced, includes, but is not limited to:
• Documentation of training, work experience, or education establishing the number of years the individual has been using or developing the claimed specialized knowledge as an employee of the petitioning organization or in the industry;
• Evidence of the impact, if any, the transfer of the individual would have on the petitioning organization’s U.S. operations;
• Evidence that the alien is qualified to contribute significantly to the U.S. operation’s knowledge of foreign operating conditions as a result of knowledge not generally found in the petitioning organization’s U.S. operations;
• Contracts, statements of work, or other documentation that shows that the beneficiary possesses knowledge that is particularly beneficial to the petitioning organization’s competitiveness in the marketplace;
• Evidence, such as correspondence or reports, establishing that the beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the petitioning organization’s productivity, competitiveness, image, or financial position;
• Personnel or in-house training records that establish that the beneficiary’s claimed specialized knowledge normally can be gained only through prior experience or training with the petitioning organization;
• Curricula and training manuals for internal training courses, financial documents, or other evidence that may demonstrate that the beneficiary possesses knowledge of a product or process that cannot be transferred or taught to another individual without significant economic cost or inconvenience;
*Evidence of patents, trademarks, licenses, or contracts awarded to the petitioning organization based on the beneficiary’s work, or similar evidence that the beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily proprietary or unique to the petitioning organization; and
• Payroll documents, federal or state wage statements, documentation of other forms of compensation, resumes, organizational charts, or similar evidence documenting the positions held and the compensation provided to the beneficiary and parallel employees in the petitioning organization.

A petitioner may submit any other evidence it chooses. In all cases, USCIS will review the entire record to determine whether the petitioner has established by a preponderance of the evidence that the beneficiary has specialized knowledge under the totality of the circumstances. Merely stating that a beneficiary’s knowledge is somehow different from others or greatly developed does not, in and of itself, establish that he or she possesses specialized knowledge. Ultimately, it is the weight and type of evidence that establishes whether the beneficiary possesses specialized knowledge.

USCIS can issue a RFE (Request for Evidence) for various reasons to I-129 Petitioner. Denial rate is high, RFE rate is even higher for L-1B petition. The new memo is intended to help to solve many difficulties with obtaining a L-1B visa for qualifying applicants.

See August 17, 2015 memo at http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/L-1B_Memorandum_8_14_15_draft_for_FINAL_4pmAPPROVED.pdf

In Russian: 

Российская газета "Новые Известия" опубликовала дельную статью про опасность "бесплатных юридических консультаций". Журналисты проинтервьюировали некоторых моих московских партнеров и коллег. 

Как известно, бесплатный сыр бывает только в мышеловке. Ты получаешь то, за что заплатил.

Хороший компетентный и этический адвокат НЕ будет предоставлять консультацию (давать юридический совет) бесплатно. В оказании юридических услуг самое главное - это получить правильный совет и знать что делать и как поступить.  

Среди "юридических фирм" и "иммиграционных консультантов" попадается немало мошенников или недобросовестных и малограмотных "специалистов". Особенно много вебсайтов на интернете, которые в поисковике выходят в самом начале как реклама (так как вебсайт платит за такое выгодное размещение) и нелицензированных "иммиграционных консультантов" или "нотариусов", которые предлагают "первую" консультацию бесплатно и готовы перезвонить потенциальному клиенту в течение 5 минут. Что следует дальше, об этом люди не задумываются. А им навязывается контракт на завышенную сумму, с ненужными сервисами или предлагаются ненужные или вредные для дела действия (которые дорого стоят). После предоставления бесплатной консультации, такому специалисту ведь нужно как-то заработать на клиенте (на которого было потрачено время) -- если уж не брать оплату за консультацию, то ее используют как ловушку для доверчивых граждан, готовых повестись на обман.

Следует иметь в виду, что хороший опытный адвокат не будет и не имеет права давать "гарантии" успеха или гарантии выигрыша вашего дела. Опытный адвокат ценит свое и ваше время, и для того, чтобы проконсультировать клиента ей/ему нужно изучить ваши обстоятельства и проанализировать возможные варианты и осложнения перед тем как давать платный (ни в коем случае не бесплатный совет). 

Хорошая статья обо всем этом в Новых Известиях, с консультациями моих Московских партнеров и коллег.

On November 20, 2014, the President announced a series of executive actions. However, not all of these initiatives have been implemented, and USCIS is not accepting any DAPA or expanded DACA applications at this time. 

Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. 

If you need legal advice on immigration matters, make sure that the person you rely on is an attorney who is authorized to give you legal advice. Only an attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice. An immigration attorney can be licensed in any state because immigration law is federal law. It's important to consult an experienced and knowledgeable attorney before submitting any immigration applications.

The Internet, newspapers, radio, community bulletin boards and local businesses storefronts are filled with advertisements offering immigration help. Not all of this information is from attorneys and accredited representatives. There is a lot of information that comes from organizations and individuals who are not authorized to give you legal advice, such as “notarios” and other unauthorized representatives. The wrong help can hurt. Here is some important information that can help you avoid common immigration scams.

Here are some examples of common immigration scams:

**Telephone Scams**.

Do not fall victim to telephone scammers posing as USCIS personnel or other government officials. In most instances, scammers will:

• request personal information (Social Security number, Passport number, or A-number);
• identify false problems with your immigration record; and
• ask for payment to correct the records.

If a scammer calls you, say “No, thank you” and hang up. These phone calls are being made by immigration scammers attempting to take your money and your credit card information. USCIS will not call you to ask for any form of payment over the phone. Don’t give payment over the phone to anyone who claims to be a USCIS official.

If you have been a victim of this telephone scam, please report it to the Federal Trade Commission (FTC). Learn more about telephone scams and telephone scammers’ techniques by visiting Federal Trade Commission-Telemarketing-Scams. 

**"Notario Publico"**.

In many Latin American countries, the term “notario publico” (for “notary public”) stands for something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. "Notarios publico,” are not authorized to provide you with any legal services related to immigration.

Please see the National Notary Association website "What is a Notary Public" for more information.

**Local Businesses who are not law firms and not attorneys or lawyers**.

Some businesses in your community “guarantee” they can get you benefits such as a:

• Visa
• Green Card
• Employment Authorization Document

These businesses sometimes charge you a higher fee to file the application than even a licensed attorney (but will tell you that attorneys charge more "for the same work"). They claim they can do this faster than if you applied directly with USCIS. These claims are false. 

**Dot-com websites - operated by non-attorneys or people not authorized to give legal advice**.

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. Many of these websites are scammers or fraudsters, often taking money for blank forms or minimal assistance without attorney supervision.

USCIS has its own official website: www.uscis.gov with:

• Free downloadable forms
• Form Instructions
• Information on filing fees and processing times

Do not pay for blank USCIS forms either in person or over the Internet. You can download forms for free at www.uscis.gov.

Do not pay to a non-attorney (not a lawyer) for help with immigration paperwork, applications, affidavit. Oftentimes, they give you wrong advice and can potentially damage your chances of ever becoming a permanent resident (getting a green card).

**Green Card Lottery or DV Lottery scams**.

Once a year in fall, the Department of State (DOS) makes 50,000 diversity visas (DVs) available via random selection to persons meeting strict eligibility requirements and who come from countries with low rates of immigration to the United States. During this time or often around the year, it is common for immigration scammers to advertise in emails or websites that reference either the:

• DV lottery
• Visa lottery
• Green Card lottery

These emails and websites often claim that they can make it easier to enter the annual Diversity Immigrant Visa Program. Some scammers even identify you as a DV lottery “winner” and ask for significant amount of money "helping get a visa". These emails and websites are fraudulent. 

The only way to apply for the DV lottery is through an official government application process (Department of State website, and only when it's open, during an application period which is usually in October-November only). DOS does not send emails to applicants. 

On or after May 1st, you can visit the Department of State website to verify if you are actually a winner in the DV lottery. 

If need help, consult a licensed attorney (not one of the "green card lottery" websites).

**INS doesn't exist. It's been replaced by DHS and USCIS**.

To this day, some local businesses, websites, "notarios"  and individuals make reference to the Immigration and Naturalization Service (INS). This agency no longer exists! 

If someone refers to USCIS as "INS", it's a sign that they are not an attorney, but rather someone unqualified with little knowledge in immigration matters.

INS was dismantled on March 1, 2003, and most of its functions were transferred from the Department of Justice to three new components within the newly formed Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

All official correspondence regarding your immigration case will come from USCIS. USCIS will communicate with you and your attorney by mail, by mailing you notices, approved work permit and green card through USPS (postal service).

If you need a legal assistance, we will be glad to help. Our contact information is here.

Read here. 

USCIS has published information to help eligible H-4 dependent spouses to apply for employment authorization (work permit) under the Employment Authorization for Certain H-4 Dependent Spouses final rule. 

Note: you can file application for a work permit only on or after May 26, 2015, and you must be eligible to apply.

Application form is USCIS form I-765, and the filing fee is US$380.

Note: it is applicant's burden of proof to provide evidence of your status, your H1B spouse's status and prove that you meet other eligibility requirements. Your application can be delayed or denied if it's incomplete.

Eligibility requirements: you are eligible to apply for a work permit if you are the H-4 dependent spouse of an H-1B nonimmigrant IF your H-1B nonimmigrant spouse:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.

Read here.

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. 

USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

This temporary suspension will allow USCIS to implement the Employment Authorization for Certain H-4 Spouses final rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations.

Read more at http://www.uscis.gov/news/uscis-temporarily-suspends-premium-processing-extension-stay-h-1b-petitions

Immigration Relief Measures for Nepali Nationals.

On May 5, 2015, USCIS had made the following announcement:

USCIS several immigration relief measures that may be available to Nepali nationals who are affected by the magnitude 7.8 earthquake that struck Nepal on April 25, 2015.

Measures that may be available to eligible Nepali nationals upon request include:

• Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;
• A grant of re-parole;
• Expedited processing of advance parole requests;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization (work permit) applications, where appropriate;
• Consideration for waivers of fees associated with USCIS benefit applications, based on an inability to pay; and
• Assistance replacing lost or damaged immigration or travel documents issued by USCIS, such as Permanent Resident Cards (green cards).

To learn more, consult an attorney, or visit uscis.gov/humanitarian/special-situations or call the National Customer Service Center at 1-800-375-5283 (TDD for the hearing impaired: 1-800-767-1833).

See here. 
 

Beginning Friday, May 1, 2015 USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker. The edition date is printed at the bottom of every page. 

On or after May 1st 2015, USCIS will reject all previous editions of this form.

Form I-129 is used to apply for many work visas (H1B, R-1, O, L, P, etc). 

A new form I-129 can be found at: http://www.uscis.gov/i-129 

USCIS launched a new interactive webportal myUSCIS. 

See at: https://my.uscis.gov/

USCIS recently introduced another useful webportal, where customers can submit e-request to ask questions about a pending case, report non-delivery of a document (work permit, green card, etc) or official letter (Receipt or Approval Notice, Form I-797), request certain accommodations. I found it to be a very useful tool.

See at: https://egov.uscis.gov/e-Request/Intro.do?locale=en_US

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

A lawsuit was filed on behalf of 11 Filipino workers at L’Amande French Bakery, Los Angeles, CA, who were fraudulently lured by their employer to the United States on E-2 visas and then subjected to exploitative working conditions including forced labor, severe wage theft, immigration-related retaliation, and national origin discrimination.  
(L’Amande is a popular bakery in the Los Angeles-area with stores in Beverly Hills and Torrance.  The owners of L’Amande are Ana Moitinho de Almeida, the daughter of a wealthy and powerful government official in the Philippines, and her husband Goncalo).

The E-2 visa provides temporary work authorization for immigrants with specialized or supervisory skills who are employed by a foreign national who has invested a substantial amount of capital in a U.S.-based business. Like other temporary (or guest) worker visas, E-2 visa holders are dependent on their employers for legal status, with few – and in this case no – protections against employer exploitation and retaliation for asserting workplace rights. In the lawsuit, the workers were recruited under false pretenses for their specialized pastry chef skills, but were forced to do menial labor once they arrived in the United States.

The employer used threats of debt, deportation, and financial ruin in the Philippines to maintain their economic exploitation of the workers while paying legally mandated wages to local workers. After the workers arrived in the United States, the Almeidas threatened them with a significant debt of $11,000 each unless they agreed to work under these illegal conditions for at least three years.  After an investigation by the California Labor Commissioner's Office revealed egregious wage and hour abuses, including 14-hour work days for more than three consecutive months and wages of less than $3 per hour, the Almeidas retaliated against the workers when they refused to lie about their working conditions. As the lawsuit details, half of the workers were fired after they cooperated in the labor investigation. Since the E-2 visa is bound to the employer, the termination has left the workers without a livelihood. Yet, they fear returning to the Philippines because of what the politically powerful Almeida family will do to them there.

“When Ana promised me $2,000 a month to work at her bakery in the United States, I jumped at the chance to provide a better future for my sons than I had. I had no idea that I would be forced to work for 12 hours a day for five weeks straight or that I would be forced to act as a general servant for the Almeidas. When I stood up for my rights and refused to lie to the labor investigator about the conditions I was working in, Ana threatened to sue me and ruin my life and that of my family in the Philippines. Now that she has terminated me, I worry she will make good on her threats, and I worry for my own safety and that of my family if I return to the Philippines. But I feel I have to fight back, because my family is counting on me.”

The lawsuit alleges claims for labor exploitation, discrimination, unfair immigration-related practices, trafficking, and racketeering based on visa fraud, retaliation, and seeks to enjoin ongoing unfair practices. Some of the wage and hour claims alone for the 11 workers amount to more than $700,000, and we will pursue additional damages and penalties based on the many legal claims.

“What is particularly egregious about what the Almeidas did here is that they engaged in a scheme to defraud the U.S. government and the workers, lying about the workers’ wages and conditions,” said Philip Wang, one of the attorneys for the workers at Latham & Watkins LLP. “It wasn’t until the workers arrived in the U.S. that they were threatened with substantial debt unless they kept working. No one should be allowed to profit in this way, especially when it is on the backs of workers who are alone and new to the U.S., and have poor English skills and limited legal recourse.”

Advancing Justice – LA is also seeking immigration relief for the workers, U visas, as victims of labor trafficking, coercive labor practices, and potential persecution if they return to the Philippines. 

The filed complaint can be found here." - Advancing Justice - LA, Mar. 19, 2015.

Beverly Hills bakery workers say they were paid as little as $2 an hour - L.A. Times, Mar. 19, 2015.

This is important news for attorneys or those who represent clients in front of DHS/USCIS/ICE.

USCIS has published a revised Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. 

Attorneys and legal representatives accredited by the Board of Immigration Appeals use Form G-28 to notify USCIS of their legal representation in a given case. Form G-28 must be signed by the legal representative and by the applicant/petitioner/requestor. When a valid Form G-28 is on file, USCIS communicates with the legal representative. If you sign and submit an expired form G-28, USCIS will not enter you as an attorney of record.

**New Form G-28 Changes**

The revised Form G-28, with the 03/04/2015 edition date, includes two new boxes that allow the applicant/petitioner/requestor to tell USCIS whether they want to receive their notices and secure documents directly, or whether they want USCIS to send them to their legal representative. 

The revised Form G-28 also collects more biographic data, email addresses and cell phone numbers.

Beginning April 13, 2015, USCIS will not accept earlier versions of Form G-28. If an applicant, petitioner, or requestor submits an application or benefit request with a previous/expired version of Form G-28, USCIS will accept only the application or request as long as it meets the acceptance criteria. In this situation, they will not accept the Form G-28 and will send all notices and secure documents only to the applicant/petitioner/requestor. Please remember to start using new edition of form G-28. It's available at USCIS website. See the link below.

For More Information Visit the Filing Your Form G-28 Web page to learn more about the revised form.

http://www.uscis.gov/forms/filing-your-form-g-28

Big news for H-4 spouses: 

On February 24, 2015, USCIS announced that, effective May 26, 2015, the DHS is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States. 

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who: 

• Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or 
• Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

Under the new rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.

Read more at DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence | USCIS