USCIS recently published revised Form I-129, Petition for a Nonimmigrant Worker. The revised Form I-129 is labeled with an Oct. 23, 2014, edition date. You can view the revised form and details about who may file Form I-129 from the USCIS forms website.

People ask how will the government ensure that people eligible for DAPA and DACA are not deported before the Immigration Accountability Executive Action is in place?

On December 18, U.S. Citizenship and Immigration Services (USCIS) published two Federal Register notices. These notices relate to the Haitian Family Reunification Parole (HFRP) Program and the Cuban Family Reunification Parole (CFRP) Program. Please see specifics regarding both programs identified below.

HFRP Program:  On October 17, 2014, USCIS announced that it would begin preparatory work to implement a HFRP Program in early 2015. The purpose of the HFRP Program is to expedite family reunification for certain Haitian family members of U.S. citizens and lawful permanent residents (LPRs). By expanding existing legal means for Haitians to immigrate, the HFRP Program serves a significant public benefit by promoting safe, legal and orderly migration from Haiti to the United States.  In addition, it supports U.S. goals for Haiti’s long-term reconstruction and development.

On December 18, USCIS published a Federal Register notice establishing the HFRP Program. This program will allow certain eligible Haitian beneficiaries of family-based immigrant visa petitions approved on or before December 18, 2014, who are currently in Haiti, to be paroled into the United States up to approximately two years before their immigrant visa priority dates become current. Once paroled into the U.S., these beneficiaries will be able to apply for work permits while waiting for their immigrant visas to become available. Once their visa is available, they can apply for LPR status.

On or after February 2, 2015, the U.S. Department of State National Visa Center will begin sending invitations to eligible petitioners to apply for the HFRP Program on behalf of their family members. The invitation that is sent to eligible U.S. petitioners will provide instructions on how to file the Form I-131,Application for Travel Document, and submit the required fee or fee waiver request to apply.

 CFRP Program: In 2007, USCIS announced the CFRP Program in support of the U.S. Government’s commitment under the U.S.-Cuba Migration Accords to ensure the legal migration to the United States of a minimum of 20,000 Cubans annually. Under the CFRP Program, USCIS offers certain beneficiaries of approved family-based immigrant visa petitions the opportunity to be paroled into the United States to apply for lawful permanent resident status, rather than remain in Cuba waiting for their immigrant visas to become available. The purpose of the program is to expedite family reunification through safe, legal, and orderly channels of migration to the United States and to discourage irregular and inherently dangerous maritime migration.

On December 18, USCIS published a Federal Register Notice announcing changes to this program that will require invited petitioners to file a Form I-131,Application for Travel Document, and submit the required fee or fee waiver request to have their beneficiary considered for parole under the CFRP Program in the future. These changes bring parole requests under the CFRP Program in line with most other parole requests filed on behalf of individuals outside the United States, including parole requests under the HFRP Program.

USCIS will “grandfather” cases that were already in process prior to December 18, 2014. In addition, USCIS will “grandfather” cases filed by petitioners who received a program eligibility notice from the NVC at any time prior to December 18, 2014, and who submitted to the NVC before February 17, 2015, complete documentation necessary to apply for the CFRP Program. These “grandfathered” cases will not be subject to the new filing requirements, i.e., the submission of Form I-131 with the required fee or a fee waiver request. A complete application package will be grandfathered only if the required documentation is postmarked before February 17, 2015.

Much of the attention on President Obama’s Executive Action has focused on his use of prosecutorial discretion to defer deportation for millions of undocumented immigrants, including certain parents of U.S. citizens and Lawful Permanent Residents. But as part of the November announcement, President Obama also signed a memorandum to explore ways to upgrade parts of the immigration system to meet needs of an increasing global economy. And in a separate memo, Homeland Security Secretary Jeh Johnson outline how the policy changes at the U.S. Citizenship and Immigration Services (USCIS) will support U.S. economic growth. “These new policies and regulations will be good for both U.S. businesses and workers by continuing to grow our economy and create jobs.: Johnson wrote, adding that it will increase efficiency and save resources.

Johnson’s memo to USCIS covers changes to Optimal Practical Training (OPT) for foreign students at U.S. universities in science, technology, engineering, and mathematics (STEM) fields, modernizing the employment-based visa system to decrease backlogs, and other measures. The memo authorizes new ways for foreign entrepreneurs to have more opportunities to come to the U.S. and start businesses here. The “national interest waiver” in the Immigration and Nationality Act (INA) permits certain non-citizens with advance degrees or exceptional abilities to seek green cards without employer sponsorship if their admission is in the national interest and may be one route for foreign entrepreneurs. This memo directs USCIS to issue guidance or regulation to clarify the standard by which a national interest waiver may be granted, specifically how it would apply to inventors, researches, and founders of start-up enterprises, with the aim of promoting its greater use for the benefit of the U.S. economy.

The memo also describes another possible route for foreign entrepreneurs: parole (or parole-in-place if already in the U.S.) for inventors, researches, and founders of start-up enterprises. Using the “significant public benefit” parole authorities of the INA, a program would permit DHS to grant parole status on a case-by-case basis, “to inventors, researchers, and founders of start-u[ enterprise who may not yet qualify for a national interest waiver, but who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.” This status would allow such individuals to work in the United States before they become eligible for a visa if they meet certain income and resource thresholds to qualify. Parole would allow these individuals to temporarily pursue research an development of promising ideas and businesses in the United States, rather than abroad.

Author: American Immigration Council Immigration Impact.

“What did the President do, exactly?”

The President announced one new program, expanded another, and made a lot of changes that will make immigration enforcement more humane and smarter.

The new program that everyone is talking about is called Deferred Action for Parents (DAPA). Under DAPA, the undocumented parents of United States Citizens or Legal Permanent Residents (green card holders) can register with the government and get work authorization if they came to the U.S. before January 1, 2010. The work authorization will be valid for 3 years. This new program has the potential to change the lives of up to 4.1 million people.

“What are the benefits of applying for DAPA?”

— Protects you from being arrested and deported for three years and can be renewed
— Provides an employment authorization document that will allow you to work legally
— Allows you to apply for a social security number
— In almost all states, you will be able to qualify for a driver’s license
— In many states, you will be able to qualify for instate tuition
— You may be able to apply to the government for a travel document that will allow you to leave and return to the U.S.

“Are there any dangers of applying for DAPA?”

We are still waiting to hear what confidentiality protections will be provided, both for the applicant and for others listed in the application. We are also waiting for details about what will happen to those who are denied.

Because DAPA, like DACA, is only a temporary permission to remain, it could be revoked at any time.

IMPORTANT: Be cautious about what you tell your employer. Saying that you are applying for DAPA might be interpreted as admitting that you are not authorized to be employed and could cost you your job.

“When can I apply for DAPA?” 

Not right now. Don’t be fooled by “notarios” and people who tell you otherwise. The government hasn’t set a date yet, but it will not be any later than mid-May.

In the meantime, you can start getting ready by collecting the information you might need to submit.

Recently the U.S. Department of Labor changed its procedure on how an employer seeks review of a denial of Permanent Labor Certification (PERM). As of October 27, 2014, the Atlanta National Processing Center is no longer automatically forward to BALCA all PERM case Requests for Reconsideration where the original case decision was upheld. Rather, a Notice of Decision will be issued where the case is upheld, and the employer must affirmatively request review before BALCA no longer than 30 calender days after the date the Notice of Decision is issued. 

The H-2B program is a program that allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B program has a statutory numerical limit, or “cap,” on the total number of H-2B visas that  can be issued during a fiscal year.  Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 – March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year.  There is no “carry over” of unused H-2B numbers from one fiscal year to the next.

 If the cap is not reached for the 1st half of the fiscal year, those numbers will be made available for use during the 2nd half of the fiscal year. In some fiscal years, therefore, depending on demand for H-2B workers, more than 33,000 cap-subject persons may be granted H-2B status during the 2nd half of the fiscal year.

See the USCIS chart below for Fiscal Year of 2015.

Fiscal Year 2015 H-2B Cap Count Updated

As USCIS receives H-2B petitions for Fiscal Year 2015, the chart below will be regularly updated.

The Congressionally mandated Diversity Immigrant Visa Program is administered annually by the Department of State. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of “diversity immigrants,” from countries with historically low rates of immigration to the United States.