Tag Archives: Immigration

FY2022 Green Card Lottery Registration Period Opens October 7, 2020

The U.S. State Department will begin accepting online registrations for the 2022 Diversity Visa (DV) lottery aka green card lottery starting October 7, 2020 at noon EDT.  Those who wish to enter the lottery have until Tuesday, November 10, 2020 at noon EST to file online.

For FY 2022, the DV lottery program will make up to 55,000 green card numbers available through random selection and the results will be announced in May 2021. Those selected in the lottery can submit their green card applications starting on October 1, 2021.

To register for the DV Lottery, you must meet the following eligibility criteria:

  • Be born or have a spouse (and in some circumstances, a parent) born in a country with low rates of US immigration. The following countries are excluded from the FY2022 lottery, so if you are born in one of these countries, you are not eligible to participate in the lottery:
    • Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
  • Must have a high school education (or equivalent) or at least two years of qualifying work experience.
  • Must submit an online form and a digital photo through the official DV lottery website. DV lottery applicants may include a spouse (same-sex or opposite-sex) and children in their entry. Only one entry is permitted per person.

It is critical to carefully follow the State Department’s official lottery instructions , or you may be disqualified.  Also, very important to only use the official DV lottery website is located on the State Department website and to remember that the State Department does not charge a fee for lottery registrations. To learn more about DV lottery fraud, visit the websites of the State Department and the Federal Trade Commission.

If lottery assistance is needed, seek competent advice or reach out to us.  Good luck to all the DV lottery entrants!

 

Proposed Student Visa Rules end Duration of Status, Require Extension Applications


On September 25, Immigration and Customs Enforcement (ICE), the DHS agency with jurisdiction over F-1 foreign student visa holders, published new proposed regulations that would end the long time U.S. practice of issuing “Duration of Status”  to F-1 students. Instead, F-1 visa holders would be limited to 2 or 4 year visa terms depending upon their country of origin, and be required to reapply for F-1 Status through USCIS to obtain extensions, or to leave the United States and apply for an extension .  The proposed regulations were immediately criticized by the higher education community. The rules were called ill-conceived, misguided, unnecessary, and a burden to an industry that has already seen a steady decline in international student admissions. Read the full blog post here.

USCIS gets flexible on I-9 Process, but Employers must stay Vigilant

The I-9 process continues to be the bane of HR existence. Recent accommodations for remote work environments,  closed driver’s license agencies, and USCIS delays in printing work permits and green cards are definitely appreciated and helpful, but they also make the process more confusing.  Employers are beginning to worry about how they will catch up on viewing all of the original documents they saw remotely during the pandemic, in the USCIS-designated 3-day time frame once their companies return to the office. Meanwhile, I-9 audits and worksite enforcement actions are continuing apace. While following all of the new guidance, employers must also be sure to stick to the basics. Continue reading USCIS gets flexible on I-9 Process, but Employers must stay Vigilant

PERM Gets Rough in an Uncertain Job Market

Employers who may be trying to proceed with PERM applications for foreign national workers are in an uphill battle. With layoffs, furloughs and unemployment at all time highs, the Department of Labor is on high alert for unsuspecting PERM employers who are trying to do the right thing under difficult circumstances.

Employers who have H-1B or other workers with limited time on their nonimmigrant status, don’t have the luxury of waiting until the job market improves to begin PERM applications for their employees. For H-1B or L-1B workers in their final year or two of nonimmigrant visa eligibility, PERM is a necessity or they will have to return to their home countries. Continue reading PERM Gets Rough in an Uncertain Job Market

U.S. Consulates Slowly Beginning to Resume Visa Services

U.S. Consulates around the world are gradually resuming routine nonimmigrant and immigrant visa services, after their suspension in mid-March due to the COVID-19 pandemic.  The Department of State has confirmed that each Consulate will begin visa services on its own timeline, in light of the particular conditions of that country. Applicants should check the specific U.S. consulate website for most up-to-date information, available through the following website http://usembassy.gov. This means that applicants may soon be able to schedule or reschedule their visa appointments. It is also possible that the Consulate may automatically reschedule the applicant’s prior appointment.  Importantly, Consulates continue to accept requests for emergency visa appointments through their scheduling service at https://ais.usvisa-info.com/.  If you have specific questions, talk to your immigration lawyer, as the situation is fluid and subject to change.

 

 

F-1 Student Ban from 100% Remote Education Rescinded

On July 14, 2020, the Trump Administration rescinded SEVP guidance issued last week,  which forbid F-1 students from attending universities that were planning to be 100% remote during the fall 2020 semester.  With the rescission, schools may now revert to following  the SEVP March 9 Broadcast Message: Coronavirus Disease 2019 and the March 13  COVID-19: Guidance for SEVP Stakeholders . Read more about this important development in our education law blog, UpdateED.

 

 

 

Universities Weigh Impact of Latest Travel Ban on Certain Chinese Graduate Students and Post Docs

The White House has issued a new travel ban blocking Chinese nationals associated with entities that are part of China’s “military-civil fusion” strategy from obtaining graduate level Student (F) or Exchange Visitor (J) visas. The ban went into effect on June 1 and has no end date.  The ban specifically references those visa applicants who are currently outside the United States, but does not exclude the possibility that the estimated 3000 Chinese nationals, already studying in the U.S. who meet the criteria of the executive order, could have their existing visas revoked.  Read Valentine’s full post on the Duane Morris Education Law Blog, UpdateED.

Tips for Consular Interviews in the New Normal: Making Sure Employees are Ready when Visa Interviews Resume

U.S. Consulates around the world are beginning to reopen and start scheduling visa appointments and it is critical for applicants to be well prepared for their interviews.  Recently, the Department of State revised its Foreign Affairs Manual (FAM), to include a new, heightened adjudication standard for blanket L-1 applications.[1] As detailed in our prior blog, the revised provision directs the Consular Officer to deny the L-1 visa if he/she “has any doubt” whether an applicant has established their L visa eligibility and if the “questions or issues cannot be resolved during the interview.” So the visa applicants should be prepared to confidently, concisely and directly provide the relevant information in responding at the interview.    We recommend that employees, who would be applying for blanket L visas at U.S. Consulates abroad, work closely with their immigration counsel and prepare for their visa interviews.  Oftentimes, Consular Officers have only a few minutes to review the documents and question the applicant.  Therefore, the applicant’s preparation for the interview is critical for a successful visa adjudication.

Here are some tips for applicants preparing for their L-1 visa interview:

  • Make sure to read carefully and thoroughly the L visa application package, especially the company support letter explaining the relationship between the companies, the job offered, and how the applicant qualifies based on her/his specialized knowledge or managerial/ executive experience.
  • Applicants should be familiar with the content of the application packet but should not try to memorize it or use fancy complex legal verbiage.
  • Applicants should be prepared to explain, in their own words, what makes their transfer to the US business critical.
  • Applicants should be able to highlight their accomplishments as they relate to their specific employment within the company.

Applicants should be able to give direct, on point and truthful answers to the following common L visa interview questions:

    • Why was he/she selected for this job?
    • Isn’t there a US worker with the U.S. employer who can do the job?
    • What is his/her specialty?
    • What managerial decisions does he/ she make?
    • Who will the applicant be working for?
    • Who does the applicant report to? Who will the applicant report to in the U.S.?
    • Will anyone report to the applicant in the U.S.? Be prepared to state names and titles of direct reports.
    • If the applicant is coming to the U.S. as a specialized knowledge employee and will be working at a third party site, who at the U.S. company will control his/her work? It is important to know the name and title of his/her manager in the U.S.
    • What company specific experience or knowledge does she/he have?
    • How long does it take to acquire this special knowledge?
    • How long will the applicant remain in the US? This is especially important if he/she would be coming to the U.S. on an intermittent basis, over a period of time.
    • What are his/her plans after the US assignment ends?

This list is not exhaustive and the Consular Officer’s questions will be more case specific at the interview and applicants should be well prepared to respond, with the assistance of their counsel.  The attorney can explain the legal framework and requirements for the highly scrutinized L intra-company transfer non-immigrant visa, which will help him/her in responding to the questions at the visa interview to ensure the successful case outcome and the visa issuance.

TOUGH LUCK FOR PERM LABOR CERTIFICATION-BASED GREEN CARD SPONSORS DURING THE COVID-19 PANDEMIC

On June 4, 2020, the U.S. Department of Labor (DOL) rescinded deadline extensions it had instituted on March 20 to help employers meet PERM requirements during the pandemic (https://www.foreignlaborcert.doleta.gov/pdf/OFLC%20COVID-19%20FAQs%20Round%204.pdf). Unfortunately, employers sponsoring foreign national employees for PERM labor certification-based green cards will for now receive no further accommodations from the DOL during the COVID-19 pandemic. The DOL’s responsibility is to ensure the protection of American workers, so taking a hard line on foreign national sponsorship is not unexpected in light of high unemployment numbers.

Despite stakeholder efforts to receive an extension of these accommodations, the DOL is at this time not willing to provide further accommodations. This means employers must now (a) respond to DOL inquiries within the designated deadline, but on a case-by-case basis may request an extension on or before the deadline; and (b) must conduct their PERM recruitment within the normal regulatory 180-day window. Continue reading TOUGH LUCK FOR PERM LABOR CERTIFICATION-BASED GREEN CARD SPONSORS DURING THE COVID-19 PANDEMIC

The U.S. Immigration Agency (USCIS) Resumes In-Person Operations in Early June

U.S. Citizenship and Immigration Services (USCIS) plans to reopen its offices on or after June 4, 2020.  The USCIS temporarily suspended its in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus .  USCIS field offices will send notices by mail to applicants and petitioners with rescheduled appointments and naturalization ceremonies impacted by the temporary closure.

The USCIS plans scheduling fewer appointments and interviews to ensure social distancing, allow time for cleaning and reduce waiting room occupancy, as well as to hold some interviews over video in separate rooms at an agency office. The USCIS  will also begin holding naturalization oath ceremonies,  but the ceremonies will be shorter and with limited exceptions, only the candidates will be permitted to attend to limit exposure.

Additionally, people entering USCIS facilities must wear face masks covering their mouths and noses and cannot arrive for interviews more than 15 minutes early or with too many people. Individuals should not come to their appointments if they are feeling sick, and there will be no penalty for rescheduling for that reason.  USCIS also encourages applicants to bring their own pens.

USCIS’ planned reopening comes as the agency, funded by application fees, faces a budget shortfall in response to a drop in application requests during the pandemic. Earlier this month, the USCIS requested $1.2 billion in emergency funding, which would be repaid by individuals seeking immigration fees in the form of higher application fees.