August 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 August 2022, U.S. Citizenship and Immigration Services (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].
In August, the EB-1 preference category on the Final Action Chart for all countries including China and India remains “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 July.
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 July, the final action dates for EB-3 preference categories for Chinese and Indian nationals were March 22, 2018, and January 15, 2012, respectively. They have progressed slightly for August and are respectively April 22, 2018 and February 15, 2012.
The EB-5 preference category was recently reformed under the EB-5 Reform and Integrity Act and the visa bulletin includes three new categories for EB-5 processing. 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 schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
Social Security Administration (SSA) Resumes E-Verify Operations
Social Security Administration (SSA) announced on July 15, 2022, that it will be resuming E-Verify operations, and employee E-Verify cases referred to SSA on or after July 15, 2022 will have the normal 8 federal working days to contact the local SSA office to begin resolving the mismatch. E-Verify cases referred on or after July 15, 2022 will no longer provide extended timeframes for employees to visit SSA to resolve these mismatches. E-Verify cases referred between March 2, 2020, to July 14, 2022, with a SSA mismatch will still have an extended timeframe to be resolved.
SSA reminds employers that “Cases must be referred in E-Verify within 10 federal government working days after the issuance of the mismatch. Employees with any mismatch referred on or after July 15, 2022, must take action to resolve it within 8 federal working days after the case is referred. Employees with an SSA mismatch referred between March 2, 2020, to July 14, 2022, have until September 29, 2023, to resolve it.”
Considerations when Terminating a Foreign Worker
The American Immigration Lawyers Association published a factsheet on employer considerations when terminating a foreign worker in H-1B, H-1B1, E-1/E-2, E-3, TN, L-1, and O-1 status. The factsheet outlines how employees must be notified of their termination and whether they can take advantage of any grace periods. Information on employer-sponsored I-140 petitions and dual representation between the employer and the employees is also included.
You can download the flyer here.
U.S. Citizenship and Immigration Services Updates Policy Manual for O-1 Petitions with Guidance on STEM Fields
U.S. Citizenship and Immigration Services (USCIS) stated on July 22, 2022, that it was updating its Policy Manual to provide further guidance on the type of evidence that can be used to support a petition for an O-1A nonimmigrant petition for individuals with extraordinary ability in science, technology, engineering, and STEM fields. USCIS communicated that being named on a competitive government grant for STEM research would be viewed favorably toward demonstrating that a beneficiary is at the top of their field. The USCIS Policy Manual now includes this evidence with all the listed examples of evidence that may be submitted to show that an applicant has extraordinary ability.
Please contact Iandoli, Desai & Cronin PC at info@iandoli.com if you have questions about preparing an O-1A nonimmigrant petition.
USCIS Expands Eligibility for Premium Processing Upgrades of EB-1C Multinational Executive/Manager and EB-2 National Interest Waiver Petitions
U.S. Citizenship and Immigration Services (USCIS) announced on July 15, 2022, that it is expanding the availability of premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This is a part of USCIS’ multi-phase approach to increase efficiency by expanding premium processing. Beginning Aug. 1, 2022, USCIS will accept Form I-907 requests for:
E13 multinational executive and manager petitions received on or before July 1, 2021; and
E21 National Interest Waiver (NIW) petitions received on or before August 1, 2021.
USCIS has 45 days to adjudicate petitions that request premium processing for these newly included Form I-140 classifications. However, new I-140 petitions cannot request premium processed at this time.
Please contact your attorney at Iandoli, Desai & Cronin PC if you have questions about a pending application that is now eligible for premium processing. New inquiries about the expansion of premium processing can be sent to info@iandoli.com.
Department of Homeland Security Extends the Designation of Venezuela for Temporary Protected Status (TPS)
On July 11, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced that he is extending the designation of Venezuela for Temporary Protected Status (TPS) for 18 months. The 18-month extension of TPS for Venezuela will be effective from September 10, 2022, through March 10, 2024. Secretary Mayorkas clarified that only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for TPS under this extension. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS. A Federal Register notice will provide instructions for extending TPS and renewing Employment Authorization Document (EAD).
U.S. Citizenship and Immigration Services Extends COVID-19 Related Flexibilities for Certain Requests
U.S. Citizenship and Immigration Services announced on July 25th that it is continuing COVID-19-related extensions through October 23, 2022, for certain requests or notices. Under these flexibilities, USCIS will accept a response received within 60 calendar days after the due date for the following requests or notices, if they were issued between March 1, 2020, and Oct. 23, 2022:
Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers;
Notices of Intent to Withdraw Temporary Protected Status; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS stated that it will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if the form was filed up to 90 calendar days from the issuance of when the decision was made; and USCIS made a decision between November 1, 2021, and Oct. 23, 2022.
ID&C News
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.
July 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 July 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].
In July, the EB-1 preference category on the Final Action Chart for all countries including China and India remains “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 July.
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 June, the final action dates for EB-3 preference categories for Chinese and Indian nationals were March 22, 2018, and January 15, 2012, respectively. They have progressed slightly for July and are respectively April 1, 2018, and January 22, 2012.
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 July’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 schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
DHS designates Cameroon for TPS and activates F-1 Employment Authorization for Cameroonian students experiencing severe economic hardship
On June 6, 2022, the U.S. DHS posted a notice in the Federal Register announcing the suspension of certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Cameroon. The Secretary is moving forward to provide relief to Cameroonians who are experiencing severe economic hardship as a direct result of the crises, regardless of country of birth (or individuals having no nationality who last habitually resided in Cameroon). Nonimmigrant students may request employment authorization, enabling an increase in work hours while school is in session, and reduce their course load while continuing to maintain a F-1 status. This visa status will be in effect from June 7, 2022, through December 7, 2023. If applying, you may file Form I-821, Application for Temporary Protected Status, online. At the same time, when filing the TPS application, you can also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, online with your Form I-821.
Click here to read more on the Temporary Protected Status Designated Country: Cameroon