Avoid payment scams: USCIS does not accept payment by phone or email

U.S. Citizenship and Immigration Services ("USCIS") has alerted the public about new scams targeting immigrants and their families in the U.S. The immigrant or the petitioning family members may receive a phone call from someone pretending to be a government official and indicating there is a problem with an application or additional information is required to continue the immigration process. The criminals perpetrating these scams then ask for personal and sensitive information, and demand payment to fix any problems. Please remember USCIS officials will never request payment over the phone or in an email. If USCIS requires a payment, the agency will mail a letter on official stationery requesting payment be sent in the form of a check or money order to an official USCIS address. Applicants can always call USCIS customer service to verify payment receipt information. If you receive a scam email or phone call, please report it to the Federal Trade Commission at http://1.usa.gov/1suOHSS. If you receive an email related to your petition and you are not sure if it is a legitimate request, please forward the suspicious email to the USCIS Webmaster at uscis.webmaster@uscis.dhs.gov. USCIS will review the emails received and share with law enforcement agencies as appropriate. 

Tips for temporary visa holders for entering the U.S.

Each time foreign nationals re-enter the U.S. after temporary travel abroad, they should check their I-94 expiration date online at  https://i94.cbp.dhs.gov. Previously, U.S. Customs & Border Protection ("CBP") officers issued nonimmigrant air travelers a physical Form I-94 card (in the form of a small, white piece of paper) after conducting inspection.  Although physical I-94 cards are still completed at US land borders, CBP has been employing the electronic I-94 system for those traveling by air and sea since April 2013. Foreign nationals should always check their electronic I-94 records to ensure that their name, date of entry and expiration of stay has been properly entered into the U.S. Department of Homeland Security's database correctly to avoid any problems with future legal status in the U.S.  If a foreign national is unable to find her/his I-94 record online after entering their passport details correctly, or if the date displayed for period of admission is incorrect, the foreign national may return to the airport's international section and request to see a CBP officer at the Deferred Inspection office. Some CBP offices will entertain requests via email, while others only accept I-94 corrections in person with an appointment. 
 
With summer coming to a close and October approaching, many international students are returning to classes and soon many new H-1B visa holders will be arriving or looking to travel.  We remind F-1 students to always check with their school's international student office before undertaking any international travel, as they must have an up-to-date I-20, and if in their period of Optional Practical Training ("OPT"), proof they are maintaining their F-1 status by working (with an employment letter and/or paystubs) and not incurring more than the authorized number of days of unemployment. New H-1B arrivals should be reminded they can be admitted into the U.S. no earlier than 10 days before the start date listed on their I-797 approval notices. Those in other non-immigrant status (such as F-1, H-4, or L-1 or L-2), whose employers filed H-1B change of status petitions to take effect October 1 should remember to plan their next international trip carefully, ensuring that once they depart the U.S. they have made arrangements for obtaining a new H-1B visa abroad for re-entry into the U.S.

DHS increases fines for I-9 and other immigration violations

As of August 1, 2016, DHS's new rule increasing fines for I-9 and other immigration violations is now in effect.  DHS, in cooperation with the Department of Justice ("DOJ") and the Department of Labor ("DOL") has increased civil fines against employers who commit immigration-related offenses, such as Form I-9 and E-Verify violations, H-1B visa program violations, unfair immigration employment practices and unlawfully employing foreign nationals. Although the increased penalties are applicable only to penalties assessed after August 1, 2016, they will apply to violations committed by employers going back to November 2, 2015.
 
The penalty increases are substantial because the federal agencies are adjusting fines for inflation from the dates of initial enactment of the I-9 rules in 1986.  For instance, penalties for violating the Form I-9 identity and employment eligibility verification provisions almost doubled from a range of   $110 - $1,100 per violation to a range of $216 - $2,156 per violation.  When violations are coupled with multipliers for each offense, the fines can add up to hundreds of thousands of dollars and even into the millions very quickly.  If you have questions about I-9 compliance or compliance with temporary worker visa programs, please contact one of the attorneys at Iandoli Desai & Cronin at info@iandoli.com.

USCIS to host a teleconference on Conrad 30 waivers for physicians

USCIS and the Department of State ("DOS") Waiver Review Division will host a teleconference on Thursday, September 8, 2016 regarding the Conrad 30 Waiver Program. This waiver program permits J-1 foreign medical graduates who would otherwise be subject to the two-year home residency requirement to apply for a waiver if they meet the program eligibility criteria. Conrad Waivers are limited in number and are available through sponsorship by state health departments. To be eligible for the waiver, the J-1 medical doctor must agree to be employed full-time in H-1B nonimmigrant status at a health care facility located in an area designated by the U.S. Department of Health and Human Services ("HHS") as a Health Professional Shortage Area ("HPSA"), Medically Underserved Area ("MUA") or a Medically Underserved Population ("MUP"), obtain a no objection letter from his/her home country if the home government funded the J-1 exchange program, and begin the employment pursuant to a contract at a health care facility designated by HHS as a HPSA, MUA or MUP within 90 days of receipt of the waiver.

The teleconference will include an overview of the program, followed by USCIS officials answering non-case specific questions that were submitted in advance. DOS officials will also be on hand to answer non-case specific questions. Finally, the teleconference will include a listening session for taking feedback and suggestions for the program. To register for the program, visit the USCIS registration page. 

Lengthy waits for visa appointment times in India continue

In July our newsletter included a warning about lengthy wait times for visas in India in several visa categories, including H-1B and L-1. The delays for visa appointments in India continue with the current wait times listed on the DOS website as:

- 105 days in Chennai (up from 82 days in July)
- 120 days in Kolkata (up from 96 days in July)
- 93 days in Mumbai (up from 67 days in July); and,
- 112 days in New Delhi (up from 90 days in July).

Only one Indian consulate has addressed these substantial backlogs for appointments.  Wait times are down to 2 days in Hyderabad (it was 118 days in July). To check the most recent postings for visa wait times, please visit the U.S. Department of State's website. Always remember to plan your visa stamping well in advance of any international travel, and whenever possible take advantage of the interview waiver system available at some consulates abroad for renewing your visa.

Major changes in the August 2016 Visa Bulletin

As of August 1, 2016, foreign nationals from India and China filing in the EB-1 category will be temporarily unable to submit their I-485 Adjustment of Status applications concurrently with their I-140 employment-based immigrant visa applications. According to the U.S. Department of State's ("DOS") August 2016 Visa Bulletin, Indian and Chinese nationals with priority dates of January 1, 2010 and earlier will be eligible to submit their green card applications and those with later priority dates will have to wait until immigrant visas become available in the coming months. The EB-1 category remained current for nationals of all countries except India and China. Charles Oppenheimer, Chief of the Visa Control and Reporting Division with DOS, stated this cut-off date for China and India is expected to end on October 1, 2016 and adjudications can then resume on all EB-1 applications for permanent residence.

The August 2016 Visa Bulletin also has a worldwide cut-off date of February 1, 2014 for EB-2 beneficiaries. EB-2 beneficiaries include those with approved Labor Certifications from the Department of Labor for those with advanced degrees or equivalent and applicants applying in the National Interest Waiver category. This worldwide cut-off is also expected to end on October 1, 2016 making these petitions current and processing of permanent residence applications available for all countries other than China and India. According to Mr. Oppenheimer, significant movement will also be made in October for all countries in the EB-3 preference category.  Together, these changes will allow many thousands of EB-1, EB-2 and EB-3 workers to apply for Adjustment of Status or seek consular processing of their immigrant visa applications this fall. If you have questions about the visa bulletin or eligibility for filing for adjustment of status, please contact the attorneys at Iandoli Desai & Cronin at info@iandoli.com.

Reminder: STEM OPT extension deadline fast approaching

F-1 students on 17-month STEM OPT and their employers should be aware of the fast-approaching deadline for applying to extend STEM OPT to the new 24-month maximum. Eligible F-1 students with at least 150 days of OPT remaining have until August 8, 2016 to apply for the additional 7 months of work authorization permitted under the Department of Homeland Security's ("DHS") final STEM OPT rule. For further details about applying for this STEM extension, please visit our website.

Massachusetts Governor signs into law legislation to make drivers' licenses compliant with the REAL ID Act

In an action that could significantly impact many immigrants, Massachusetts Governor Charles Baker signed legislation in July requiring all applicants for a Massachusetts Driver's License to provide evidence that they have the legal right to be in the United States. A copy of the Governor's press release regarding the REAL ID Act is available on the Commonwealth's official website. According to the new legislation, duration of the license will not exceed the period of authorized stay, meaning that many immigrants who traditionally are granted short stays but who routinely have their authorized stay extended may face difficulties renewing and extending their driver's licenses. For example, a holder of H-1B status that is valid for just a one-year period will be issued a driver's license for only one year. At the time for renewal, the applicant will need to provide proof of an approved extension and it is unclear whether proof of a timely filed extension (but not an approval notice) will be sufficient for a driver's license renewal.

Over the coming months we expect further developments on this issue as advocates for immigrants will be working to educate authorities within the Registry of Motor Vehicles and other interested state agencies about the intricacies of what constitutes legal status in the United States. In the meanwhile, the Registry will update Massachusetts licensees throughout its compliance efforts and anticipates the REAL ID compliant licenses will begin to be issued in the fall of 2017. We will provide future updates on these efforts in our newsletter and on our website at http://www.iandoli.com/newsandupdates.

Temporary Protected Status extended for El Salvador and Syria

On July 8, 2016, Secretary of Homeland Security Jeh Johnson announced that Temporary Protected Status ("TPS") for El Salvador has been extended for an additional eighteen-month period. The new period will now expire on March 9, 2018.  Applications for TPS extension must be received between July 8, 2016 and September 6, 2016. Salvadorans who already have TPS and who also have employment authorization will receive an automatic extension to their Employment Authorization Document ("EAD") for an additional six months upon applying for a new EAD. In order to qualify for TPS, applicants must prove they are Salvadoran nationals and that they have continuously resided in the United States since February 13, 2001.
 
Similarly, Secretary Johnson announced on August 1, 2016 that TPS for Syria has been re-designated and extended. Re-designation means that nationals of Syria may register for TPS for the first time if they have continuously resided in the U.S. since August 1, 2016 and will be able to show they have been physically present in the U.S. since October 1, 2016 (the effective date of the re-designation). USCIS will accept initial applications from Syrian nationals for TPS from August 1, 2016 until January 30, 2017. Syrian nationals who have already been granted TPS may extend their TPS for an additional eighteen months but must apply for the extension during the re-registration period that runs from August 1, 2016 through September 30, 2016. A complete explanation of the eligibility requirements can be found on the USCIS TPS website. 

DHS expands provisional waivers

The Department of Homeland Security ("DHS") published a final rule on July 28, 2016 that expands provisional unlawful presence waiver eligibility. Generally, individuals who are in the U.S. and seek lawful permanent resident ("LPR") status (commonly referred to as "green card" status) must either obtain an immigrant visa abroad through consular processing with the Department of State ("DOS") or apply to adjust their status to that of an LPR while they remain in the U.S. Individuals present in the U.S. without having been inspected and admitted or paroled, or who have overstayed a previously valid visa are typically ineligible to adjust status and instead have to depart the U.S. to process their immigrant visas abroad. However, once these individuals depart the U.S., if they have been present in the U.S. without having been inspected and admitted or paroled, or if they overstayed a previously valid visa, they may trigger a 3 year or 10 year bar to re-admission into the U.S. based on accrual of unlawful presence. The Secretary of Homeland Security has had discretion to waive this ground of inadmissibility if the individual can demonstrate that refusal of his or her admission into the U.S. would result in extreme hardship to his or her U.S. citizen spouse or parent. Previously, the foreign national would have to attend his or her immigrant visa interview abroad, and then submit a Form I-601 and evidence of the hardship to USCIS for adjudication. This process resulted in foreign nationals being separated from their family members in the U.S. for extended periods of time while awaiting adjudication of the Form I-601. 
 
In 2013 DHS implemented a final rule that allowed certain immediate relatives of U.S. citizen spouses and parents to submit a Form I-601A while still in the U.S., accompanied by evidence of extreme hardship their family would face if they were unable to return to the U.S. after immigrant visa processing. USCIS adjudicates the Form I-601A prior to the foreign national departing the U.S. to attend his or her visa interview, thereby reducing the amount of time families are separated from one another while awaiting immigrant visas. The 2013 final rule permitted only immediate relatives - certain parents, spouses and children of U.S. citizens - to request the waiver. By granting the waiver prior to the foreign national departing the U.S., families experienced reduced hardships and lower processing costs for DHS and DOS. In 2015 DHS published a proposed rule to expand the class of individuals who could be eligible for provisional waivers to all statutorily eligible individuals regardless of their immigrant visa classification. The final rule, published August 1, 2016, expands consideration of hardship to include both U.S. citizen and LPR spouses and parents, and is now available to all preference category immigrants, individuals with approved employment-based immigrant visa petitions, and diversity lottery immigrants. A full copy of the rule can be viewed on the Federal Register website and newly eligible individuals may begin submitting Form I-601A beginning August 29, 2016.