News at IDC!
Iandoli, Desai, & Cronin has two immediate openings for a Business Immigration Paralegal and a Practice Manager. We are dynamic eight attorney and twelve paralegal immigration law firm serving professionals, businesses, and academic institutions. Our clients are leaders in medicine, engineering, biotechnology, and academia.
Business Immigration Paralegal:
Assist attorneys in the preparation and filing of employment-based immigrant (EB-1, EB-2, and EB-3) and nonimmigrant (H-1B, O-1, E-2, E-3, L-1 and TN) petitions and supporting documentation
Assemble petitions and application packages
Communicate with individual clients, HR representatives and government agencies
Help individuals gather necessary information/documents
Use specialized Case Management software to monitor deadlines and expirations and draft petitions and applications
Draft support letters and other documents
Track client communications and government correspondence
Additional administrative duties may include answering phones, scheduling appointments, generating invoices, filing, and other ad hoc tasks.
Must have a bachelor’s degree and excellent writing, computer, interpersonal, organizational, and time management skills. Must be able to meet rigid deadlines and prioritize tasks.
NO JDs, LLBs, LLMs, or current/matriculating law students.
Please email résumé and cover letter to careers@iandoli.com
No phone calls please. Only those candidates selected for an interview will be contacted
Practice Manager:
We are seeking a experienced immigration professional to engage in the following duties:
Improve/Streamline Process Flow:
Develop or enhance, implement, and document internal case processing and procedures.
Review current internal paralegal workflow processes and procedures to document procedures in place.
Develop or enhance and implement paralegal case management processes and procedures.
Train or re-train paralegals on proper processes and procedures.
Work with Billing to identify areas for improvement as they relate to Paralegal involvement.
Database Management & Reporting:
Serve as Point of Contact with our Edge/LawLogix database.
Develop and create weekly client reports for paralegal/attorney teams.
Coordinate with paralegals to ensure client database is updated as need.
Develop and run weekly case reports for each paralegal/attorney team to ensure adequate staffing and fair distribution of cases amongst paralegals.
Training:
Identify training needs and develops, implement, and manage paralegal training manual and program for onboarding and for continuing education.
Update training materials as needed.
Conduct hands-on paralegal training, to include substantive immigration law as well as filing procedures and internal protocols.
Chair biweekly or monthly paralegal group meetings on “hot topics”.
Career Development and Team-Building:
Develop in-depth understanding of professional development needs within the group and manages satisfaction and retention initiatives.
Manage annual review process for attorneys and paralegals.
Prepares and follows through on individual attorney and paralegal development plans.
Develops and manages initiatives to create a cohesive team and meaningful connections within the group.
Facilitates communication within the group, including proactively developing and managing various practice group communications.
Special Projects:
Manage closing file/scanning process.
Transition our fee agreements into templates and manage the process to send clients prior to engagement.
Oversee updating and creating client materials, including approval packages, process memos or guides, etc.
Review and billing process.
Requirements:
5+ years of experience in a senior level capacity at an immigration law firm
Expert knowledge of procedural requirements for various types of nonimmigrant and immigrant visas and client processes.
Knowledge of case management systems, preferably Edge/LawLogix.
Experience corresponding with clients directly on case processing and other procedural matters.
Ability to prioritize own work and team’s work and take on multiple projects.
Excellent attention to detail.
Excellent organizational skills
Strong facility with case management reporting analytics.
Exercises excellent independent judgment.
Please email résumé and cover letter to careers@iandoli.com with “Practice Manager” in the subject line. No phone calls please. Absolutely no recruiters. Only those candidates selected for an interview will be contacted.
Work exclusively from home is not feasible for either of these positions. We are in a hybrid model allowing up to 2 days work from home.
Patel v. Garland: Federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings ..
In a 5-4 decision announced on Monday, May 16, 2022, the Supreme Court held in Patel v. Garland that federal courts lack jurisdiction to review factual findings made by the executive branch during deportation proceedings. Under this ruling, noncitizens seeking certain forms of relief under immigration law could be left with no judicial review when the government denies this discretionary relief.
A summary of the ruling can be found here at scotusblog.com:
“The case involved Pankajkumar Patel, who (along with his wife) entered the United States without authorization in the 1990s. Mr. Patel applied for adjustment of status, and while his application was pending with USCIS, Mr. Patel filed an application to renew his driver’s license and marked the box “U.S. citizen” even though he was eligible for a driver’s license under Georgia law despite not being a U.S. citizen. Due to this, he was denied adjustment and later placed in deportation proceedings before an immigration judge in the Department of Justice. He again applied for adjustment of status as a defense to removal. The immigration judge denied Mr. Patel adjustment, concluding that he intentionally marked “U.S. citizen” on his application, despite Mr. Patel’s testimony that he made a mistake and did not intend to mark the U.S. citizen box. The judge determined that the misrepresentation made Mr. Patel ineligible for adjustment.
Patel sought to have a federal court review the immigration judge’s factual finding regarding the question of whether he intentionally or mistakenly checked the citizen box. His ability to do this was impeded by the jurisdictional bar (8 U.S.C. § 1252(a)(2)(B)(i)), which bars federal courts from reviewing “any judgment regarding the granting of relief” under five specific immigration remedies, including adjustment of status. The case rose to the Supreme Court to clarify the scope of the jurisdictional bar. The majority held that federal courts lack jurisdiction to review facts found as part of adjustment-of-status proceedings and other discretionary-relief proceedings enumerated in Section 1252(a)(2)(B)(i).” The majority held that “Federal courts have a very limited role to play in this process,” and rejected the argument that Mr. Patel’s case fell outside the jurisdictional bar to discretionary relief. Instead, the majority applied a broad reading of “any judgment regarding the granting of relief,” including factual findings. In interpreting 8 U.S.C. § 1252(a)(2)(D), the majority held that judicial review is unavailable for factual questions such as the question in Mr. Patel’s case.
The dissenting opinion criticizes the broad holding of the majority, and argues that the majority’s opinion “…permits a bureaucratic factual mistake to have life-changing consequences for an immigrant applying for legal residency and is an assertion of “raw administrative power” that neither the agency nor the Executive Branch endorses.”
DOS Announces Reinstatement of the Cuban Family Reunification Parole Program
On May 16, 2022 the Biden Administration announced a series of measures to increase support for the Cuban people in line with the U.S.’s national security interests in light of the humanitarian crisis facing the Cuban people.
Specifically, the Administration will:
Facilitate family reunification by reinstating the Cuban Family Reunification Parole (CFRP) Program and continuing to increase capacity for consular services. Limited immigrant visa processing resumed in Havana on May 3, 2022. Consular services will reinstate the CFRP and increase visa processing in Havana while continuing to process the majority of immigrant visa cases at the U.S. Embassy in Georgetown, Guyana.
Strengthen family ties and facilitate educational connections for the U.S. and Cuban people by expanding authorized travel in support of the Cuban people. This will include authorized scheduled and charter flights to locations beyond Havana. Additionally, regulatory changes will be implemented to reinstate group people-to-people and other categories of group educational travel, as well as certain travel related to professional meetings and professional research, including to support expanded Internet access and remittance processing companies and to provide additional support to Cuban entrepreneurs. Individual people-to-people travel will not be reinstated at this time.
Increase support for independent Cuban entrepreneurs. Commercial opportunities will be encouraged outside of the state sector by authorizing access to expanded cloud technology, application programming interfaces, and e-commerce platforms. Options to expand support of additional payment options for Internet-based activities, electronic payments, and business with independent Cuban entrepreneurs will be explored. The goal of this work is to expand entrepreneurs’ access to microfinance and training.
Ensure that remittances flow more freely to the Cuban people while not enriching those who perpetrate human rights abuses. Specifically, the current limit on family remittances of $1,000 per quarter per sender-receiver pair will be removed, and donative (i.e., non-family) remittances will be authorized, which will support independent Cuban entrepreneurs. We will engage with electronic payment processors to encourage increased Cuban market accessibility. Entities will not be removed from the Cuba Restricted List.
According to the May 16, 2022, announcement, the Administration is working expeditiously to effectuate these changes, which will be implemented via steps taken and regulatory changes made by relevant Departments and Agencies in short order.
DOS Provides Guidance for Ukraine Nationals
The U.S. Department of State continues to offer resources and services for individuals impacted by the ongoing conflict in Ukraine. The Department of State is not offering visa services in Ukraine currently and continues to encourage U.S. citizens in need of emergency assistance in Ukraine to email KyivACS@state.gov.
The Department of State is sharing information on the subjects below to further clarify visa options and outline alternatives to visas that Ukrainians may consider. It is important to note that a visa is not a viable way to achieve refugee resettlement in the United States. More detailed information on the topics listed below can be found on the Department of State’s website here.
Uniting with Ukraine
The Department of Homeland Security’s Uniting for Ukraine program provides a pathway for displaced Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily for up to two years. Ukrainians participating in Uniting for Ukraine must have a supporter in the United States who agrees to provide them with financial support for the duration of their stay in the United States. For more information, visit https://www.dhs.gov/ukraine.Nonimmigrant Visas
Nonimmigrant visas are for temporary stays in the United States. They are not the appropriate tool to begin an immigrant, refugee, or resettlement process. If you apply for a nonimmigrant visa but are unable to demonstrate intent to leave the United States after a defined period in order to return to a residence abroad, a consular officer will refuse your application. More information about nonimmigrant visa processes can be found at local embassy/consular websites, and appointment wait times are provided by the U.S. State Department website.Immigrant Visas
Immigrant visas are for foreign nationals who intend to live and/or work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing a petition with U.S. Citizenship and Immigration Services (USCIS). Further information on immigrant visas can be found here: https://travel.state.gov/content/travel/en/us-visas/immigrate.html.
Adoptions
The Department is actively working with Adoption Service Providers (ASPs) to provide guidance and answer questions during this critical time. Please see more information at Information for U.S. Citizens In the Process of Adopting in Ukraine. This resource addresses adoptions and intended adoptions at various stages of the process and provides guidance on whom to consult and clarifications on the Department's potential role and ability to assist. Prospective adoptive parents should consult their ASP about how the crisis in Ukraine may impact their adoption plans. Families who previously hosted a child but are not yet approved to adopt may wish to consult the hosting organization to learn what efforts are being made on behalf of the host child.
Humanitarian Parole
Parole is a program run by the Department of Homeland Security (DHS) that allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to be in the United States for a temporary period for urgent humanitarian reasons or significant public benefit. It is not meant to replace a visa process. Anyone can file an application for humanitarian parole. Further information and instructions are available here: https://www.uscis.gov/forms/explore-my-options/humanitarian-parole. Those who wish to apply for humanitarian parole should contact USCIS directly.Refugee Status
Almost all refugee cases in countries abroad are processed by local authorities or the United Nations Refugee Agency (UNHCR). Ukrainians should not attempt to apply for visas to travel to the United States as refugees. Instead, they should contact local authorities or UNHCR for refugee processing. Additional information is available from UNHCR: https://help.unhcr.org, including information about non-governmental organizations that may be able to provide additional assistance. Additionally, USAID’s website has information for Ukrainian refugees: https://www.usaid.gov/usaid-response-ukraine/resources-refugees-asylum-seekers.Local Resources
The Department of State encourages Ukrainians to consult local government authorities in their current location to determine what might be available as you consider resettlement options.
DHS Announces Registration Process for Temporary Protected Status for Afghanistan
On May 19, 2022, the Department of Homeland Security (DHS) posted for public inspection a Federal Register notice on Temporary Protected Status (TPS) for Afghanistan. This notice provides information about how to register for TPS under Afghanistan’s designation.
The registration process began on May 20, 2022. All individuals who want to request TPS under the designation of Afghanistan must file an application.
To be eligible for TPS under the Afghanistan designation, individuals must demonstrate their continuous residence in the United States since March 15, 2022, and continuous physical presence in the United States since May 20, 2022. USCIS estimates 72,500 individuals currently in the United States may be eligible for TPS under the designation of Afghanistan. Afghan nationals currently not residing in the United States or who arrived in the United States after March 15, 2022, are not eligible for TPS under this designation.
Through Operation Allies Welcome, most Afghan nationals who arrived as part of the evacuation effort were paroled into the United States on a case-by-case basis, for humanitarian reasons, for a period of two years and received work authorization. These individuals may also be eligible for TPS.
Individuals applying for TPS under the Afghanistan designation must submit Form I-821, Application for Temporary Protected Status, during the 18-month initial registration period that runs from May 20, 2022, through November 20, 2023. Afghanistan TPS applicants are eligible to file Form I-821 online. When filing a TPS application, applicants can also request an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821. Applicants may also submit Form I-765 online.
SEVP Clarification of Continuation of March 2020 Guidance for the 2022-23 Academic Year
On May 31, 2022, The Student and Exchange Visitor Program (SEVP) reissued its guidance for the 2022-23 academic year to clarify that the guidance only applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and have continuously complied with the terms of their nonimmigrant status. Students who enrolled after March 9, 2020, must adhere to SEVP’s existing regulations regarding online learning, found here.
The original guidance issued by SEVP stated that schools and students are permitted to engage in distance learning in excess of regulatory limits due to the public health emergency generated by COVID-19. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020 and are otherwise complying with the terms of their nonimmigrant status, whether from inside the United States or abroad.
SEVP has updated their FAQ page with information to clarify the application of the March 2020 guidance to the 2022-23 academic year and will continue to update these resources with the latest information and guidance.
DHS Issues Special Student Relief Employment Benefits For F-1 International Students from Afghanistan
On May 19, 2022, the U.S. Department of Homeland Security (DHS) posted a notice in the Federal Register announcing the suspension of certain regulatory requirements for F-1 students from Afghanistan who are experiencing severe economic hardship as a result of the current situation in their country of citizenship. This notice temporarily suspends applicable on-campus and off-campus employment regulations for eligible Afghani students until November 20, 2023.
Special Student Relief (SSR) is the suspension of certain regulatory requirements by the secretary of DHS for an F‑1 student from parts of the world that are experiencing emergent circumstances. Regulatory requirements that may be suspended or altered for an F-1 student include duration of status, full course of study and off-campus employment eligibility.
SSR applies when emergent circumstances occur. Emergent circumstances are world events that affect F-1 students from a particular region and create significant financial hardships, such as but not limited to:
Natural disasters.
Wars and military conflicts.
National or international financial crises.
To find a list of active SSR notices, visit the What’s New page on ICE.gov/SEVP.
June Visa Bulletin
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For June 2022, USCIS has indicated that for Employment-Based immigration, the “Final Action Dates” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485]. USCIS has also indicated that it will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized.
In June, the EB-1 preference category on the Final Action Chart for all countries including China and India will be “current.” This means the I-485 applications may be filed immediately with the Form I-140. Also, any otherwise qualified national of China or India with an approved EB-1, I-140 may file the I-485 in June.
The EB-2 preference category remains “current” for all countries other than China and India, which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts.
The EB-3 preference category is also “current” for all countries other than China and India. In May, the final action dates for EB-3 preference categories for Chinese and Indian nationals was March 22, 2018, and January 15, 2012, respectively. The final action dates remain the same in June.
The EB-5 preference category has been reformed under the EB-5 Reform and Integrity Act. The May visa bulletin added three new categories for EB-5 processing, which remain on June’s visa bulletin. All EB-5 preference categories are “current” except for EB-5 Unreserved (I5 and R5) for China.
The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.
If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
USCIS Provides Employment Authorization Documents (EAD) Automatic Extension Calculator
USCIS is now providing an online EAD Automatic Extension Calculator to assist employers and employees with determining the EAD expiration date for eligible employees.
USCIS previously announced an increased automatic extension period for certain Work Permit applicants. Noncitizens in certain employment eligibility categories who timely file Form I-765, Application for Employment Authorization, to renew their employment authorization and/or EADs may receive an up to 540-day automatic extension of their employment authorization and/or EAD validity. The renewal application must be for the same employment eligibility Category Code as the current EAD, except that for EADs with an A12 or C19 Category, the EAD renewal application can have either A12 or C19.
The extension begins on the “Card Expires” date on the front of the EAD and generally continues for up to 540 days, unless USCIS denies the renewal application earlier. To help employers calculate the maximum up to 540-day period, USCIS has developed the EAD Automatic Extension Calculator, which can be accessed below.
For complete guidance on qualifying employees, visit the Handbook for Employers, Section 4.4, Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs) in Certain Circumstances.
USCIS notes that this calculator is intended to assist employers in calculating the new EAD expiration date for employees eligible for an automatic extension of their expiring employment authorization and/or EADs based on the recently announced temporary final rule. The calculator does not replace an employer’s responsibility to determine the eligibility of their employees for the automatic extension. Employers determining automatic extensions for Category Codes A17, A18, and C26, should not use this calculator, but rather use the guidance in the Handbook for Employers, Section 4.4, Automatic Extensions of Employment Authorization Documents (EADs) in Certain Circumstances, including information under the heading “For Category Codes A17, A18, and C26”
USCIS to Implement Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions
On May 24, 2022, U.S. Citizenship and Immigration Services announced additional information about the planned implementation premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.
The expansion will occur in phases:
Beginning June 1, 2022, USCIS will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before January 1, 2021.
Beginning July 1, 2022, USCIS will accept Form I-907 requests for E21 NIW petitions received on or before June 1, 2021, and E13 multinational executive and manager petitions received on or before March 1, 2021.
As the expansion of premium processing is being implemented in a phased approach, USCIS will continue working towards premium processing availability of additional Form I-140 petitions, Form I-539 and Form I-765 in fiscal year 2022. USCIS will also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests.
USCIS will reject premium processing requests for these Form I-140 classifications that are filed before their start date of June 1, 2022, or July 1, 2022. USCIS has 45 days to complete premium processing for these newly included Form I-140 classifications. USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time.
USCIS will also reject premium processing requests for these classifications that are filed before their start date of June 1, 2022, or July 1, 2022. USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time.