Office of Foreign Labor Certification Releases Emergency H-2B Guidance in Light of DOL Appropriations Act
With the passage of the Department of Labor Appropriations Act, which was signed into law on December 18, 2015, several new provisions have been made that impact the H-2B temporary nonagricultural visa program, administered by the Office of Foreign Labor Certification (OFLC). As a result, the OFLC has released emergency guidance regarding its implementation of the new provisions. It can be read here.
H1-B and L-1 Petition Fees Increase
The Consolidated Appropriations Act of 2016 has increased fees for H-1B and L-1 petitioners. In addition to the regular fees, these petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015.
The additional fees apply to petitioners who employ 50 or more employees in the U.S. with more than 50% of those employees H-1B or L nonimmigrant status.
For more details, please click here.
Illegal Immigrant Population Falls Below 11 Million
Contrary to the rhetoric of certain politicians, who like to paint an image of the U.S. border as one that is constantly overwhelmed by illegal immigrants, the population of illegal immigrants in the U.S. has been steadily declining for the last decade.
According to the most recent data, the illegal immigrant population has now fallen below 11 million, despite the fact that the number of migrants from Central America is actually rising.
While reasons for the decline are unknown, many speculate that factors include tighter U.S. border security, economic and demographic changes, and a declining birthrate in Mexico.
Until recently, the undocumented population was largely comprised of young men in search of employment. Now the data shows that the typical illegal immigrant is 35 or older and has lived in the U.S. for a decade or more.
USCIS Releases Draft Policy Memo and Request for Evidence Template for Public Review
USCIS released a draft policy memo for public review regarding comparable evidence provision for O-1 nonimmigrant visa classifications. The policy is meant to aid USCIS officers in their interpretation and application of this provision.
The draft policy memo can be viewed here.
Comments on the memorandum can be emailed to [email protected]
USICS has also posted a request for evidence template for public review.
It can be viewed here.
Comments on the RFE template can be emailed to [email protected]
Deadline for STEM OPT Moved to May 2016
After a prolonged legal debate, a judge has formally declared that the STEM OPT deadline will be extended to May 10, 2016. The legal battle began after DHS issued a rule in 2008 that extended the OPT period from 12 months to 29 months. The rule was issued without notice or public comment. In March 2014, The Washington Alliance of Technology Workers filed a suit against DHS for waiving its requirement of notice and comment.
DHS justified its actions by emphasizing the need to implement the rule as quickly as possible. Otherwise the U.S. would have lost valuable high skilled workers and an economic crisis would have ensued. The Court, however, found that DHS’s actions were not justified since it had known about the potential crisis for many years and had failed to act until 2008. But the Court did find that if thousands of workers were forced to leave their jobs on short notice, it would cause substantial hardship for foreign students and it would seriously disrupt labor in the technology sector. So on August 12, 2015, the Court ordered the rule to be vacated but it allowed 6 months before the order needed to be implemented. This allowed DHS 6 months to issue a replacement rule.
The deadline was originally supposed to be February 2016. But DHS has made it known that they will be unable to issue a replacement rule by this deadline. After careful consideration, the Court has decided to grant an extension until May 10, 2016.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0529-51
Temporary Protected Status (TPS) for South Sudan Extended
Due to ongoing armed conflict, Secretary of Homeland Security, Jeh Johnson, has re-designated South Sudan for TPS. He also announced that the current TPS designation would be extended from May 2, 2016 – November 2, 2017. For more information, please see the notice published in the Federal Registrar.
For information on eligibility or instructions on how to apply or re-register for TPS, click here.
The Majority of Americans Support Obama’s Controversial Immigration Plan
A recent poll conducted by Reuters/Ipsos has shown that 61 percent of Americans support Obama’s immigration plan, known as Deferred Action for Parents of Americans, or DAPA, as long as the plan was described to them in general terms, and not with Obama’s name attached to it.
Under these circumstances, 42 percent of Republicans supported the plan, as did 78 percent of Democrats. But when the plan was presented as an executive action taken by President Obama, support for it fell by 54 percent, with only 31 percent of Republicans supporting the plan and 80 percent of Democrats supporting it.
According to Reuters, the online poll of 12,00 people has a credibility interval of 3.2 percentage points, including 5 percentage points for Democrats and 5.4 percentage points for Republicans.
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