DOS Cable on Changes in Issuance of F, M, and J Visas
According to AILA, as one of the elements of the recently announced Rice-Chertoff joint vision, persons applying for initial-entry F-1, F-2, M-1 and M-2 visas may now be issued these visas up to 120 days before the program start date as listed on their I-20S. Yet visas cannot be issued more than 120 days of his or her studies and applicants should be notified more than 30 days in advance. In addition, applicants cannot enter the U.S. earlier than 30 days prior to the initial program start date but AILA also announced a possible amendment to this rule stating that initial-entry students can still apply for admission up to 45 days before their program start dates if DHS publishes a regulation to implement the change. However, applicants continuing on student visas are not subject to these restrictions as long as they have been maintain their status and their SEVIS records are current.
Since these changes apply only to initial-entry students, continuing students can apply for new visas at any time, as long as they have been in student status and their records are current. Continuing students may also enter the U.S. at any time before their classes start although, officers may issue J-1 and J-2 visas to exchange visitors at any time before the beginning of their program.
AILA strongly suggests that consular websites and other information sheets post this information and follow any updates as they unfold.
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Extension of Temporary Protected Status Re-registration Period for Haitian Nationals
U.S. Citizenship and Immigration Services (USCIS) plans to hold a stakeholder teleconference this Wednesday at 1:00 p.m. Eastern to discuss the Temporary Protected Status extension for Haitian Nationals. The Department of Homeland Security is extending the re-registration deadline from May 2, 2014 to July 22, 2014 for Haitian nationals who have already been granted Temporary Protected Status (TPS) and seek to maintain that status for an additional 18 months.
During this teleconference, USCIS will share information about the TPS re-registration period and explain any related procedures for those who are eligible beneficiaries. USCIS officials will provide information on employment authorization documents, fee waivers and address any questions.
How to register:
- Visit the registration page to confirm your participation.
- Enter your email address and select “submit.”
- Select “subscriber preferences.”
- Select the “Even Registration” tab.
- Be sure to provide your full name and organization.
- Complete the questions and select “submit.”
Additional information on this matter is available at www.uscis.gov/tps.
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Arrival/Departure History Now Available on I-94 Webpage
Customs and Border protection launched a new webpage on May 1 that offers nonimmigrant U.S. visitors access to their I-94 arrival/departure record and their arrival/departure history.
The new CBP webpage will allow nonimmigrant travelers access to arrival/departure records dating as far back as five years from the request date. This electronic travel-history function will potentially allow travelers to receive their arrival/departure history without the need to file a freedom of Information Act request which would greatly expedite the process. When travelers visit the I-94 webpage, they can retrieve their I-94 record number and five-year travel history by entering the required name, date of birth, and passport information. However, the information does not reflect changes of status, extension of stay or adjustments of status granted by USCIS.
Travelers can also cancel pending Freedom of Information Act requests after they have received the information from the new website. If a traveler has lost a paper form I-94 that was issued prior to the online system and the record is not available online, the traveler can file a Form-102, Application for Replacement/Initial Non-Immigrant Arrival-Departure Document, with U.S. Citizenship and Immigration Services.
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USCIS Message: Changes to International District Offices
USCIS has announced that its international districts have been re-named in order to more accurately represent the jurisdictions they cover.
- The Bangkok District will now be referred to as Asia/Pacific (APAC)
- The Rome District will now be referred to as Europe, Middle East, and Africa (EMEA)
- The Mexico City District will not be referred to as Latin America, Canada, and the Caribbean (LACC)
These name changes will have no effect on the adjudication processes in each district.
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USCIS Reaches Fiscal Year 2015 H-1B Cap
USCIS has announced that it reached the statutory cap of 65,000 H-1B visas for fiscal year (FY) 2015. The 20,000 limit for H-1B petitions filed under the advanced degree exemption has also been reached. During the filing period (which began April 1, 2014), USCIS received approximately 172,500 H-1B petitions. By April 10, USCIS completed the computer-generated lottery selection process. All data entry for FY 2015 petitions was completed by May 2.
All cap-subject petitions not selected through this process will be returned to filers along with all filing fees. USCIS will continue to accept petitions exempt from the cap, including petitions that:
- Extend the amount of time a current H-1B worker may remain in the U.S.
- Change the terms of employment for current H-1B workers
- Allow current H-1B workers to change employers
- Allow current H-1B workers to work concurrently in a second H-1B position
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New Data Show that More than Half a Million Immigrants Granted DACA
According to statistics recently released by USCIS, over 550,000 individuals have been granted DACA status to date. USCIS accepts approximately 500 applications per day; as of March 2014, they have accepted nearly 650,000 applications in total. The agency intends to release a new dual-use form in May for both new and renewal applications.
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DOS Notice: Embassy Closing
The U.S. Embassy in Sanaa, Yemen remains closed for consular services until May 22, 2014, due to recent attacks against “Western interests.”
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SEVP Releases Quarterly SEVIS Report
In April, ICE’s Student and Exchange Visitor Program (SEVP) released a quarterly report on international students currently studying in the U.S. The report is based on data compiled in the Student and Exchange Visitor Information System (SEVIS), an online program that monitors F, M, and J-1 visa holders and their dependants in the U.S. SEVIS collects information on international students as well as the schools that must be certified to host them. This information is relayed to government agencies like CBP, USCIS, and HSI to ensure the lawful regulation of international students and certified schools.
According to the April SEVIS report, there are currently 1.02 million international students enrolled in the US, a 2% increase since the last report in January. 75% of those students are from Asia, with the greatest percentage increase of students coming from India and Saudi Arabia. The top countries from which international students originate are China, India, South Korea, Saudi Arabia, Canada, Japan, Taiwan, Vietnam, Mexico and Brazil. Of the international students in STEM fields, 43% study engineering. New York and Florida boast the highest number of SEVP-certified schools.
http://www.ice.gov/news/releases/1405/140507washingtondc.htm
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IRS Phone Scammers Still Targeting Immigrants
The IRS reports that phone scammers continue to target new immigrants to obtain sensitive financial information. The IRS has spoken publicly three times about the scam since last October. The Treasury Inspector General for Tax Administration (TIGTA) reports seeing at least 20,000 incidents of the same scam.
Callers will contact their victims – often new immigrants – with news of either an unclaimed refund or unpaid taxes. Often the scammers will initially seem legitimate: they mimic the sounds of IRS call centers, manipulate their caller ID to show the IRS hotline number, and sometimes they are even able to reproduce the last four digits of the victim’s social security number. The scammers become increasingly hostile with their victims as they threaten revocation of drivers licenses, deportation, or arrest. In an attempt to verify these claims, the scammers often call back later pretending to be from the local authorities.
The IRS stresses that it always sends tax notifications through the U.S. Mail. IRS officials will never ask for debit, credit, or prepaid card information over the phone. The IRS does not contact taxpayers through e-mail or social media and will never ask for confidential credit card or bank information. If a taxpayer thinks they owe taxes, they should contact the IRS at 1.800.829.1040. If the taxpayer knows they do not owe taxes, they should first report the scam incident to TIGTA at 1.800.366.4484 and then file a complaint with the Federal Trade Commission’s Complaint Assistant at http://www.ftc.gov.
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Proposed Rule on H-4, H-1B and E-3 Visas
The Department of Homeland Security has announced a proposition to update the rules regarding H-1B1 and E-3 visas. Nonimmigrant high-skilled specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3) will henceforth be included in the list of individuals authorized to work in the U.S. without having to apply to the DHS for a separate employment authorization.
DHS also announced plans to allow H-4 visa holders to obtain employment authorization documents if their H-1B visa holding spouses have approved I-140s or have been able to take advantage of AC21 H-1B extensions. The change is expected to benefit thousands of individuals.
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.