NSEERS Registration is in Process of Being Removed

USCIS has implemented the first step in removing the requirement of certain nationals from registering with NSEERS. After September 11, 2001, certain nationals of countries were required to register with NSEERS. If they did not register with NSEERS, then USCIS could deny their green card application.

I remember taking many of my clients at the time, nearly 50 of them, that were subjected to this requirement. I took them by hand to the local USCIS office in Jacksonville, where I remained until each one was provided a FINS number to show proof that they complied with NSEERS registration. At that time many of my clients were scared because many of them were out of status and feared they would be arrested or placed in removal proceedings.

While none of my clients were arrested or even placed in removal proceedings, there were reports that individuals were arrested in the Tampa, FL area and other areas.

Thankfully, this period is now passing away, as USCIS has taken the first step to getting rid of this requirement of registering for NSEERS. Now, nationals of some of the countries are not required to register with NSEERS. Some of the countries now that are not required to register with NSEERS includes the following: Iran, Eqypt, Lebanon, Morocco, Syria, Iraq, Jordan, Kuwait, Pakistan Afghanistan and other countries.

However, the USCIS memo does not address how USCIS will handle cases where applicants now waiting for their green card did not comply with the previous NSEERS registration requirement. From experience, my understanding is that upon request, ICE will meet with applicants and allow them to register now, to meet the previous requirement. Of course, it is in ICE’s discretion and handled on a case-by-case basis. I also advise all applicants to be represented by counsel before they walk into ICE’s doors, to ensure their rights are protected.

April is Naturalization Month

In 2011, April seems to have been the month for agencies offering services to people who want to file for naturalization. Both the Florida Coastal Immigrant Rights Clinic and American Immigration Lawyers Association (AILA) offered a day in the month of April where free services were offered to immigrants wanting to file for naturalization.

In order to help, I joined Florida Coastal on April 16th, 2011 in assisting individuals to complete their Form N-400. I enjoyed helping a lovely Vietnamese couple to complete the wife’s naturalization application, as well as a Haitian applicant applying for naturalization. I look forward to participating next year as well.

Extensions for H-1B Visas Beyond the 6 years

As most applicants that have H-1B work visas know, there is a 6 year limit on getting extensions. There is an exception to the six years limit that applicants can use to get 7th year extensions and additional extensions in one year increments. Basically, the applicant must have an Application for Alien Labor Certification or the PERM application filed on his or her behalf at least one year in advance of the 6th year deadline.

What this means is that if the 6 year ends on March 31, 2011, then the PERM must have been filed with a priority date of March 30, 2010 or before. If this is the case and the PERM has been certified or is pending, then USCIS will extend in one year increments.
However, is there any way to get an extension for beyond the 6 years where the extension is for more than one year at a time? Yes, there is and our law firm recently received a THREE (3) year H-1B extension for a client that has been on an H-1B for 7 years.

Under AC 21 section 104 (c ), there is a provision that states that if the form I-140 is approved, then “per country” limitations USCIS can approve the H-1B visa extension for 3 years at a time. This is a great bonus, since most extensions for H-1B’s are for one year at a time, and given this environment of strict enforcement by USCIS, many clients feel uncertain if they must receive extensions for only 1 year at a time.

Recently, our office is happy to announce that while USCIS may consider the “per country” limitation to apply only to certain countries like India, Mexico and Philippines, our office was able to obtain a 3 year H-1B visa extension for a client that has had the H-1B for over 7 years already. This client is not from the list of countries of Mexico, India, China or Philippines. He now has received a 3 year extension under AC 21 Section 104 (c ).

This is important news, because even when I prepared the case before filing, I checked with several other experienced immigration attorneys, and there is no clear explanation by USCIS of whether the 3 year provision under AC 21 section 104 (c ) applies to only certain countries where the backlogs are greatest or all the countries that are affected by the backlogs in general. In the above case, our law firm was able to get the extension for a country that is not listed on the specific list.

More Help for Japanese Nationals

As of March 21, 2011, Immigration and Customs Enforcement, otherwise known as ICE, has temporarily stopped all removal of Japanese nationals from the United States. ICE also states that they will provide updates as the situation develops.

ICE of course is reacting to the terrible earthquake and tsunami that recently hit Japan. ICE also took the same action in the beginning of 2010 for Haitian nationals when there was a disaster in Haiti. At that time ICE stopped removal of all Haitian nationals. However, recently there are news developments that Haitian nationals with severe criminal convictions in the U.S. are being sent back to Haiti. As a result, we can keep in mind that the suspension of removal of Japanese nationals is possibly only temporary.

H-1B Filings Start April 1, 2011

It is that time of year again when all H-1B applicants can file their H-1B visa. Please note that although you can file on April 1, 2011, the visa start date cannot be any earlier than October 1, 2011.

This may present a problem for some people that have a visa that expires in May 2011, for example, and want to remain in the U.S. until their H-1B visa is approved, etc. The problem is that all applicants in the U.S. need an underlying visa from April 1, 2011 until the end of September. If this is not the case, then USCIS may approve the H-1B visa but deny the change of status request.

The only exception to this is that all student visa holders have protection under the “cap gap” rule, which means that as long as they apply before the date of expiration on the I-20, then USCIS will consider them to be in status while their H-1B is pending. However, the applicant must have been complying with the full terms of their student visa.

The above rules are general rules and employment based visas are extremely complex. If you are applying for an H-1B visa, please consult with an immigration attorney for assistance so that you can remain in legal status here in the U.S.

USCIS issues Quick Help for Japanese Nationals Here in the U.S.

To begin, the thoughts and prayers of the member of our office go out to the people of Japan and all Japanese nationals and naturalized citizens here who have family and friends in Japan. We are sorrowful as we see the horrifying images.

USCIS has thankfully issued a news release explaining the help that they can offer Japanese nationals that are here in the U.S. The link is provided below for details straight from the USCIS website.

The USCIS News Release states that the USCIS will allow an additional 30 days for all nationals of Japan who are here in the U.S. on lawful stay that is about to expire. For exact details and procedures that must be followed, please refer to the following link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89a8ce68596ae210VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

Again, please note that it is not advised that Japanese nationals overstay their visa for fear of returning to Japan. The attached news release provides specific steps that have to be taken before USCIS can help the nationals of Japan here in the U.S.

As a final note, I am so grateful that USCIS has really helped the nationals of Haiti in the past and now USCIS has again offered quick help, this time to the nationals of Japan here in the U.S.

Address Change Form, AR-11, Must be Mailed to a Different Location Effective April 1, 2011

In an USCIS Memo recently issued, USCIS has indicated that there is a new filing location for all change of address forms, AR-11. This new filing location will be effective as of April 1, 2011. All people that send the forms to the “old” address need not worry, as the USCIS will automatically transfer the form to the correct new address.

However, if your form is going to be received on or after May 16, 2011, then be sure to send it to the new address.

The new address to where to file change of address forms starting on March 15, 2011 is as follows:

DHS/USCIS
Harrisonburg File Storage Facility
Attn: AR-11
1344 Pleasants Drive
Harrisonburg, VA 22801

Please go to this link for more information:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1bdd49c62ed6e210VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

Is an Entry under the Visa Waiver Program Considered an Inspection?

Putting an end to the debate about whether people that enter the U.S. through the Visa Waiver program and ESTA are considered to be “inspected,” USCIS’ headquarters has issued a statement that people who enter with a visa waiver are considered inspected and admitted for adjustment of status purposes.

The statement from USCIS HQ states that USCIS itself has the jurisdiction to adjudicate any adjustment of status (i.e. green card) application filed by applicants who enter through the VWP. Of course who retains jurisdiction will change if the applicant is placed in removal / deportation proceedings for overstaying their visa.

USCIS also indicated that it intends to make a statement in the near future about this issue.

Mumbai, India Partial Reduction in Services Offered

As of March 7, 2011, the U.S. Consulate General in Mumbai, India has indicated that they will no longer offer the services of handling H-1B and L-1 visas. Applicants for H and L visas may now schedule appointments at Chennai, New Delhi, and Hyderabad.

For more information from their website, please go to: http://mumbai.usconsulate.gov/applyingmain.html

Anyone with questions about this change can email the US Consulate General in Mumbai at infousmumbai@vfshelpline.com .

As I know from personal experience, many clients go to Mumbai to have their visa stamped and other services. Those that really need an appointment at Mumbai can send them an email to see what the options are and whether any exceptions can be made.

Higher Scrutiny Ahead for Permanent Labor Applications

U.S. Department of Labor (DOL) and Employment and Training Administration (ETA) recently issued a report about its strategic goals and policies that the organizations are implementing for all future applications being filed with their agencies.

Specifically, the report indicates that there will be a higher scrutiny for all future permanent labor applications, including PERM applications, that will be applied to all cases in 2011 and following. The policy that DOL has in place is to balance the hiring of foreign workers for permanent hire with the goal of keeping jobs for Americans.
I have already written several articles about this issue.

The following are links to separate articles:

http://www.needimmigrationhelp.com/documentation-required-to-satisfy-dol-in-perm-applications.htm

And

http://www.usimmigrationlawyers.com/resources/immigration-law/employment-visa/clarification-perm-filing-procedures