DOL Expands Visa Protection for Trafficking Victims
U.S. Secretary of Labor Thomas E. Perez recently announced expanded U and T visa protection for trafficking victims. The President called on DOL to take such an action in his November 2014 executive actions announcements. DOL’s Wage and Hour Division enforces federal workplace laws and will work cooperatively with the proper authorities to provide protection for vulnerable workers exploited because of their immigration status.
The Wage and Hour Division will begin exercising its right to certify applications for trafficking victims seeking T visas. T nonimmigrant visas provide legal status to certain victims of human trafficking who assist law enforcement authorities in the investigation or prosecution of trafficking crimes.
Additionally, DOL’s Wage and Hour Division will begin certifying U visas based on three new certifications. Since 2011, DOL has been certifying U visas for victims of involuntary servitude, peonage, trafficking, obstruction of justice, and witness tampering. In an effort to better protect exploited immigrant workers, DOL has expanded U visa certifications to include victims of extortion, forced labor, and fraud in foreign labor contracting.
For more information regarding the Wage and Hour Division’s protocols for U and T visas, visit http://www.dol.gov/whd/immigration/utcert.htm.
F-1 and M-1 Dependents Allowed Part-Time Study
The Department of Homeland Security has amended its regulations under the Student and Exchange Visitor Program (SEVP) to allow dependents of F-1 and M-1 nonimmigrant students to pursue part-time courses of study at SEVP-certified schools in the US. Spouses and dependent children of F-1 and M-1 nonimmigrant students may enroll in study at SEVP-certified schools for part-time study without a change of status; however, in order to engage in a full course of study, dependents of F-1/M-1 visa holders must apply for and be approved by DHS for F-1, M-1 or J-1 status.
The new SEVP regulations will provide incentive for international students with families to pursue their studies at US institutions. A full report of the Final Rule is available here: https://www.federalregister.gov/articles/2015/04/29/2015-09959/adjustments-to-limitations-on-designated-school-official-assignment-and-study-by-f-2-and-m-2.
USCIS Clarifies When Amended H-1B Petition Is Required
On April 9, 2015, the Administrative Appeals Office (AAO) of the USCIS issued a precedent decision, Matter of Simeio Solutions, Inc., in which it pronounced a new rule regarding when an amended H-1B petition must be filed. The AAO determined that any time an employer changes an H-1B employee’s worksite in such a way that a new Labor Condition Application (LCA) must be filed with the Department of Labor, USCIS will expect the employer to file an H-1B amendment. Prior USCIS guidance was exactly the opposite, so this new decision reflects a policy reversal by USCIS. There are limited exceptions to when an LCA is required, so not all changes in location will require an amendment, and there are other details of this decision that are still being debated and discussed. The best course is for employers to notify immigration counsel any time a change in worksite location is contemplated for an H-1B employee and before any such change occurs.
H-1B Cap Premium Processing Now in Progress
After temporarily adjusting premium processing practices due to a record number of requests, USCIS began premium processing for cap-subject H-1B petitions on April 27th. For qualifying employment-based petitions, premium processing guarantees a 15-calendar-day processing time. Cap-exempt H-1B petitions will be processed within 15 days of the date noted on the Form I-797 receipt notice; however, the 15-day premium processing period for cap-subject H-1B petitions will not begin until April 27th, regardless of the receipt date.
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.