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 Extends Four Immigration Programs Until
December 11
Congress has extended the EB-5, E-Verify, Conrad state 30 (physician J-1 waiver), and religious workers programs until December 11, 2015, as part of congressional passage of a continuing resolution to fund the government.
Members of Congress hope to reauthorize and reform the EB-5 program in the interim, although the outcome is uncertain due to political disputes and legislative scheduling pressures. In January, Reps. Mark Amodei (R-Nev.) and Jared Polis (D-Colo.) introduced an EB-5 reauthorization bill in the House of Representatives. In June, Sens. Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vt.) introduced a reauthorization and reform bill in the Senate. At least two other bills to reform the EB-5 program have also been introduced. Conrad 30 supporters also hope to make changes, such as reducing backlogs in the wait for green cards.
DHS Submits New Proposed Rule on Expanding F-1 STEM OPT
On October 2, 2015, the Department of Homeland Security submitted to the Office of Management and Budget (OMB) a new proposed rule on expanding F-1 science, technology, engineering, and mathematics (STEM) optional practical training (OPT). The rule awaits OMB approval before it can be published for public comment.
Among other developments, in November 2014, DHS Secretary Jeh Johnson noted that his agency would like to:
expand the degree programs eligible for OPT and extend the time period and use of OPT for foreign STEM students and graduates, consistent with law. I am also directing ICE and USCIS to improve the OPT program by requiring stronger ties to degree-granting institutions, which would better ensure that a student’s practical training furthers the student’s full course of study in the United States. Finally, ICE and USCIS should take steps to ensure that OPT employment is consistent with U.S. labor market protections to safeguard the interests of U.S. workers in related fields.
A court order in August 2015 vacated for procedural reasons a 17-month STEM extension under the 2008 STEM OPT extension rule because DHS did not allow for public comment. The court, however, stayed the vacatur and allowed the rule to remain in place until February 12, 2016, “during which time DHS can submit the 2008 Rule for proper notice and comment.”
Information on the current rule and the proposed rule is at http://www.nafsa.org/Find_Resources/Supporting_International_Students_And_Scholars/ISS_Issues/STEM_OPT_Rulemaking/.
Additional background on the issues is at http://www.nafsa.org/Find_Resources/Supporting_International_Students_And_Scholars/ISS_Issues/Issues/Focus_On_STEM_OPT/.
The November 2014 memo from Secretary Johnson is at http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf.
The August 2015 opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0529-43.
Registration Opens for Diversity Visa 2017 Program
The 2017 diversity visa (DV) program opened for electronic registrations opened on October 1, 2015, and closes at noon, eastern time, Tuesday, November 3, 2015.
For DV-2017, natives of the following countries are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
The Department of State said that based on the allocations of available visas in each region and country, individuals will be randomly selected by computer from among qualified entries. DV-2017 entrants must go to Entrant Status Check using the confirmation numbers from their DV-2017 online entry registrations to find out whether they have been selected. Those who are selected will be directed to a confirmation page that will provide further instructions, including information about fees connected with immigration to the United States. The Department noted that Entrant Status Check will be the only means by which selectees are notified of their selection for DV-2017. The Department of State will not mail notification letters or email selectees.
Applicants can access the electronic DV entry form (E-DV) at the official E-DV website: http://www.dvlottery.state.gov during the registration period. DV instructions, including a video, are on the Department of State’s public website at: http://www.travel.state.gov/content/visas/en/immigrate/diversity-visa/instructions.html.
Entrant Status Check will be available on the E-DV website at http://www.dvlottery.state.gov starting May 3, 2016, through at least September 30, 2017.
H-1B, L-1 Additional Fees Expire
U.S. Citizenship and Immigration Services (USCIS) announced that H-1B and L-1 petitions should no longer include the additional fee required by § 402 of Public Law 111-230, as amended, for certain H-1B and L-1 petitions. The additional fee expired on September 30, 2015. The fee was $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after August 14, 2010.
All other H-1B and L-1 fees are still required. USCIS reminded petitioners that the agency prefers separate checks for each filing fee.
The announcement is at http://www.uscis.gov/news/public-law-111-230-h-1b-l-1-additional-fees-expire.
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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.