Siskind Susser is excited to announce that Lynn Susser was recently elected to ABIL, the Alliance of Business Immigration Lawyers. ABIL is comprised of over 20 lawyers from top tier immigration practices with years of expertise and a comprehensive understanding of immigration law. For more information on ABIL, including a map of ABIL attorneys worldwide, visit their website at www.abil.com.
The following articles are excerpts from ABIL’s monthly Immigration Insider, available here on their website.
Congress Averts Government Shutdown, Extends Immigration Programs to December
On September 29, 2016, President Barack Obama signed a continuing resolution (CR), H.R. 5325, that provides funding for the federal government through December 9, 2016. Among other things, the legislation extends four expiring immigration programs to December 9. The Senate passed the legislation 72-26 and the House of Representatives passed it 342-85. The CR allows Congress to return to work after the November 8 presidential election and take up an omnibus appropriations bill before the new deadline.
The immigration-related programs extended by the bill include E-Verify, EB-5 regional centers, EB-4 non-ministerial religious workers, and Conrad 30 for J-1 medical workers. EB-5 observers expect a battle between urban legislators like Sen. Chuck Schumer (D-NY), who wants to maintain the status quo, and rural legislators like Sens. Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vt.), who are adamant about getting more EB-5 visas for rural projects.
U.S. Citizenship and Immigration Services (USCIS) said it would update the information related to the EB-5 and EB-4 programs on its adjustment of status filing charts from the October 2016 Department of State Visa Bulletin shortly. A related USCIS announcement is at https://www.uscis.gov/news/alerts/expiring-eb-4-eb-5-programs-extended-through-dec-9. The Visa Bulletin information will be updated at https://www.uscis.gov/visabulletininfo.
The full text of the bill is at http://www.appropriations.senate.gov/imo/media/doc/Continuing%20Resolution%20Legislation.PDF. A section-by-section summary is at http://www.appropriations.senate.gov/imo/media/doc/092216-CR-FY17-Section-By-Section.pdf.
ICE Extends and Adds to Employment Authorization for Certain Syrian F-1 Nonimmigrant Students
In an earlier notice, the Department of Homeland Security’s Bureau of Immigration and Customs Enforcement (ICE) suspended certain requirements for F-1 nonimmigrant students whose country of citizenship is Syria and who have been experiencing severe economic hardship as a direct result of the civil war in Syria since March 2011. A new notice extends the effective date of that notice and expands the application of such suspension to students whose country of citizenship is Syria and who lawfully obtained F-1 nonimmigrant student status between the date of the original notice and September 9, 2016. The new notice was effective September 9, 2016, and will remain in effect until March 31, 2018.
F-1 nonimmigrant students granted employment authorization through the notice will continue to be deemed to be engaged in a “full course of study” for the duration of their employment authorization if they satisfy the minimum course load requirement. This notice applies exclusively to F-1 nonimmigrant students whose country of citizenship is Syria and who were lawfully present in the United States in F-1 nonimmigrant status on or after April 3, 2012, through September 9, 2016, under INA § 101(a)(15)(F)(i), 8 USC § 1101(a)(15)(F)(i); and are:
- Enrolled in an institution that is Student and Exchange Visitor Program (SEVP)-certified for enrollment of F-1 students,
- Currently maintaining F-1 status, and
- Experiencing severe economic hardship as a direct result of the ongoing civil unrest in Syria since March 2011.
ICE records show that as of August 2016, approximately 700 Syrian F-1 visa holders in active status are covered by this notice.
The notice is at https://www.gpo.gov/fdsys/pkg/FR-2016-09-09/pdf/2016-21525.pdf.
DHS Alerts Employers Re Documentation Options in Wake of Flooding
The Department of Homeland Security (DHS) issued a notice on September 9, 2016, stating that the agency “is aware of the hardship and ongoing recovery efforts resulting from the recent flooding in areas such as Louisiana and Texas.” DHS noted that individuals from these affected areas who need to replace lost or damaged documents can consult Federal Emergency Management Agency (FEMA) fact sheets for information on replacing lost or damaged documents in Louisiana (http://www.fema.gov/media-library-data/1461689325185-69ea3fe5a8b4db5b89dc2fb74f6bc6d0/FS006_Replace_Lost_Docs.pdf) or Texas (http://www.fema.gov/news-release/2015/06/19/after-disaster-replacing-lost-or-damaged-documents).
DHS reminded employers that they must complete Form I-9, Employment Eligibility Verification and, if enrolled in E-Verify, must create a case in E-Verify for all newly hired employees, including those affected by the flooding. DHS also reminded employers that they must accept receipts from employees who choose to present them when completing the I-9.
Details are at https://www.uscis.gov/i-9-central/e-verify-and-form-i-9-requirements-flooding-louisiana-and-texas.
United States, Mexico Sign MOU To Combat Employment Discrimination
The U.S. Department of Justice (DOJ) and Mexico’s Ministry for Foreign Affairs have established a formal partnership to protect workers from discrimination based on citizenship, immigration status, and national origin. On September 1, 2016, Principal Deputy Assistant Attorney General Vanita Gupta, head of DOJ’s Civil Rights Division, and Mexican Ambassador Carlos Sada signed a memorandum of understanding (MOU) between the embassy and its consulates and the Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).
The MOU states the objective as “recogniz[ing] the collaborative relationship between the Participants to protect Mexican workers in the United States of America from employment discrimination in hiring, firing and recruiting or referring for a fee, based on their citizenship, immigration status, and national origin; unfair documentary practices; and retaliation.” To achieve this objective, the United States and Mexico agree to collaborate to provide Mexican nationals with information, guidance, and access to education and training resources to help them understand their rights under the antidiscrimination provision of the Immigration and Nationality Act, and to facilitate the referral of appropriate allegations of discrimination, unfair documentary practices, and retaliation to OSC for investigation.
Among other things, OSC agrees to conduct training sessions on the application and enforcement of the antidiscrimination provision at a mutually determined time and place to appropriate consular staff identified by each Mexican consulate; attend and participate in appropriate forums organized by the Mexican consulates for Mexican nationals and employers involving topics under OSC’s jurisdiction; disseminate compliance and educational materials through the embassy to the Mexican consulates and Mexico’s stakeholders in other locations; and publicize the MOU to interested parties.
The MOU is available in English (https://www.justice.gov/opa/file/889381/download) and Spanish (https://www.justice.gov/espanol/file/889436/download).
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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers (www.abil.com), of which Lynn Susser is an active member.
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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.