USCIS Completes Random Selection Process for H-2B Visa Cap for Second Half of FY 2018

USCIS Completes Random Selection Process for H-2B Visa Cap for Second Half of FY 2018

March 2, 2018 by no comments

USCIS Completes Random Selection Process for H-2B Visa Cap for Second Half of FY 2018
Release Date:

WASHINGTON— On Feb. 21, U.S. Citizenship and Immigration Services (USCIS) began receiving H-2B cap-subject petitions for the second half of fiscal year 2018.

During the first five business days USCIS received approximately 2,700 H-2B cap-subject petitions requesting approximately 47,000 workers, which is more than the number of H-2B visas available. As a result, USCIS, in accordance with applicable regulations, conducted a lottery on Feb. 28 to randomly select enough petitions to meet the cap.

USCIS will reject and return the petitions and associated filing fees to petitioners that were not selected, as well as any cap-subject petitions received after Feb. 27.

In January, the Department of Labor announced a change to its process of issuing labor certifications. As a result, on Feb. 7 USCIS advised of the likely need to conduct an H-2B visa lottery for the second half of FY18. As was noted in that Feb. 7 statement, USCIS would be maintaining a flexible approach to this issue by ensuring H-2B visas were allocated fairly and would not exceed the cap.

USCIS continues to accept H-2B petitions that are exempt from, or not counted towards, the congressionally mandated cap. This includes petitions for the following workers:

  • Current H-2B workers in the United States seeking to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam, until Dec. 31, 2019.

H-2B petitioners may continue to request premium processing together with their H-2B petition. However, please note that because the final receipt date was one of the first five business days of the filing season, petitions accepted in the lottery will be given a receipt date of March 1, 2018. Premium processing service for these petitions began on that receipt date.

U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30). Additional information is available on the Cap Count for H-2B Nonimmigrants page.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook (/uscis).

– USCIS –

Last Reviewed/Updated: 03/01/2018

USCIS Finalizes Guidance on Signature Requirements

February 18, 2018 by no comments

USCIS Finalizes Guidance on Signature Requirements
Release Date:

WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) announced today that petitioners and applicants who seek immigration benefits must provide a valid signature on forms submitted to the agency. In an effort to protect and safeguard the nation’s immigration system and those who benefit from it, power of attorney signatures will no longer be accepted. If forms are filed by a corporation or other legal entity, they must be signed by an authorized person. The new policy is effective March 18, 2018.

This final policy memorandum (PDF, 87 KB) updates an interim memorandum (PDF, 1.49 MB) that outlined the elements of a valid signature and permitted entities that filed petitions with USCIS to use the signature of an individual based on a power of attorney. Because of concerns about consistency and program integrity, USCIS reversed the interim memorandum’s policy on power of attorney signatures.

The prohibition on power of attorney signatures does not affect signatures on behalf of individuals younger than age 14 or those with disabilities. The final memorandum makes additional changes such as providing that an authorized signatory must be employed by the petitioner and that USCIS may reject a form submitted with a faulty signature instead of offering the opportunity to fix the deficiency.

USCIS will publish revised instructions for individual forms to clearly specify the applicable signature requirements. USCIS will also address requirements for electronic signatures in future guidance.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook(/uscis).

-USCIS-

Last Reviewed/Updated:

U.S. Passport Execution Fee Will Increase to $35

February 6, 2018 by no comments

Effective April 2, 2018, the passport execution fee will increase from $25 to $35.  The $10 execution fee increase only applies to U.S. passport applicants using the DS-11 form, such as first-time applicants over 16, children under 16, and applicants who re-apply after reporting their previous passport lost or stolen.

The $10 fee increase does not apply to adults eligible to renew their passport by mail using the DS-82 form.  Renewal customers can mail their application and supporting documentation to the Department of State and should not apply at a passport acceptance facility or pay an execution fee. To learn more about renewing your passport, visit our Renew page.

Customers applying with the DS-11 form pay two separate fees: an application fee to the U.S. Department of State and the execution fee to the passport acceptance facility. Passport acceptance facilities such as post offices, clerks of court, or public libraries are designated to accept passport applications on behalf of the U.S. Department of State.  With more than 7,600 acceptance facility locations, customers applying for the first time can find a convenient location to apply for their passport. Some acceptance facilities are open nights and weekends and take passport photos on-site.  Find a location near you using our Acceptance Facility Search Tool.

The Department of State generally sets consular fees at an amount calculated to achieve recovery of the costs to the U.S. government of providing the consular service. The latest Cost of Service Model showed that the costs associated with passport execution were higher than the current fee of $25.

The proposed fee change was published in the Federal Register as a Notice of Proposed Rulemaking and public comments were accepted until November 18, 2016, 60 days after the Notice’s publication. The Final Rule, implementing the change, includes the Department’s response to relevant comments received.

Source: https://travel.state.gov/content/travel/en/News/passports/execution-fee-increases.html

Please Stand Together

February 5, 2018 by no comments

It is no secret that there has been a controversy surrounding the NFL because of the player protests during the national anthem.  As a veteran, I made the decision for myself to not watch professional football while protests continue – and that includes the Superbowl.

As a fan of the game, I have been disappointed.  As an American Citizen, I felt it was important to take some action, to speak up about the issue.  So this is how I am spending Superbowl Sunday.

I am here at Sunset Memorial Gardens in Odessa, Texas.  There are two Medal of Honor recipients buried here.

“Corporal Alfred Mac Wilson was born in Illinois, and was a Marine serving in Vietnam when he threw himself on a grenade to protect his unit.   His Medal was posthumously awarded to his family on April 20, 1970.

Army Staff Sargent Marvin Rex Young was born in Texas, and also served in Vietnam.  Despite facing overwhelming forces and multiple wounds himself, Staff Sargent Young declined medical attention and engaged the enemy so that his unit could withdraw safely.  His Medal was posthumously awarded to his family on April 7, 1970.

Two great Americans, who gave their life in service to this country.  If respect for them is not enough reason to jump to your feet when you hear the National Anthem, I don’t know what is.

But it is also not the end of my Superbowl Sunday – There is someone else at this cemetery that I want to tell you about.

Daryl Hunt is also laid to rest here, not too far from the Medal of Honor recipients.  Daryl was born here in Odessa, and he played football.  For the Permian Panthers, for Oklahoma University, and for the Houston Oilers.  A former teammate described Daryl as “a quiet leader, always had a big smile on his face”, who “set an example”.

Three great Americans.  They all play for the same team now.  Let’s set aside our differences and follow their example – lets be great Americans.  Together.  Let’s solve our problems – together.  Let’s listen to each other, without disrespect.  Let’s not wait until our final rest to come together.

Please Stand Toghether

Temporary Protected Status Designated Country: Honduras

February 2, 2018 by no comments

Temporary Protected Status Designated Country: Honduras
TPS Extended through: July 5, 2018
Re-registration period for People Who Already Have TPS: Dec. 15, 2017, through Feb. 13, 2018
Employment Authorization Document (EAD) Auto-Extended Through: July 4, 2018
Continuous Residence in U.S. Since: Dec. 30, 1998
Continuous Physical Presence in U.S. Since: Jan. 5, 1999
TPS Designation Date: Jan. 5, 1999
Federal Register Notice Citation: 82 FR 59630

 

When to File for TPS

If you currently have TPS for Honduras and would like to keep your TPS, you must re-register during the 60-day re-registration period that runs from Dec. 15, 2017, through Feb. 13, 2018.  We encourage you to register as soon as possible after the 60-day re-registration opens.

Automatic Employment Authorization Document (EAD) Extension

USCIS will issue EADs with a July 5, 2018, expiration date to eligible Honduran TPS beneficiaries who timely re-register and apply for EADs under this extension in accordance with the TPS Honduras Federal Register notice. Given the timeframes involved with processing TPS re-registration applications, DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on Jan. 5, 2018. Accordingly, through this notice, DHS automatically extends the validity of EADs issued under the TPS designation of Honduras for 180 days, through July 4, 2018. We encourage TPS beneficiaries to file their EAD applications as early as possible during the 60-day re-registration period to avoid lapses in documentation of employment authorization.

New Employment Authorization Document

If USCIS approves your TPS re-registration application and you properly filed an application and paid the fee for a new EAD (or USCIS approved your fee-waiver request), you will be issued a new EAD with the expiration date of July 5, 2018.

Where to File

If you are filing for re-registration, please follow instructions below. E-filing is not currently available for TPS for Honduras. You must send your package by mail or courier to the appropriate address in the table below:

If you: Then, mail your application to:
Are re-registering for TPS and you are using the U.S. Postal Service to mail your package;

or

Were granted TPS by an immigration iudge or the Board of Immigration Appeals, and you wish to request an EAD;

or

You are re-registering for the first time after an immigration judge or the Board of Immigration Appeals granted you TPS and you are using the U.S. Postal Service to mail your package

U.S. Citizenship and Immigration Services
Attn: TPS Honduras
P.O. Box 6943
Chicago, IL 60680-6943
Are using a non-U.S. Postal Service delivery service to mail your package (for re-registrations) U.S. Citizenship and Immigration Services
Attn: TPS Honduras
131 S. Dearborn – 3rd Floor
Chicago, IL 60603-5517

TPS Program Information

For more information on TPS eligibility requirements, what to file, and step-by-step instructions on submitting a re-registration or initial TPS application package, go the TPS webpage.

Last Reviewed/Updated:

Affirmative Asylum Interview Scheduling

January 31, 2018 by no comments

Affirmative Asylum Interview Scheduling

Starting January 29, 2018, the Asylum Division will give priority to the most recently filed affirmative asylum applications when scheduling asylum interviews.

USCIS’ predecessor, the Immigration and Naturalization Service, first established this interview scheduling approach as part of asylum reforms implemented in January 1995. This approach was in place until December 2014. The aim is to deter individuals from using asylum backlogs solely to obtain employment authorization by filing frivolous, fraudulent or otherwise non-meritorious asylum applications.

Giving priority to recent filings allows USCIS to promptly place such individuals into removal proceedings, which reduces the incentive to file for asylum solely to obtain employment authorization. This approach also allows USCIS to decide qualified applications in a more efficient manner.

USCIS will now schedule asylum interviews in the following order of priority:

  • First priority: Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS.
  • Second priority: Applications that have been pending 21 days or less.
  • Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings.

Workload priorities related to border enforcement may affect our ability to schedule all new applications for an interview within 21 days.

Asylum office directors may consider, on a case-by-case basis, an urgent request to be scheduled for an interview outside of the priority order listed above. Please submit any urgent interview scheduling requests in writing to the asylum office with jurisdiction over your case. Go to the USCIS Service and Office Locator page for contact information.

For asylum applicants who live far from an asylum office or an asylum sub-office, asylum offices schedule asylum interviews at USCIS field offices (“circuit ride” locations) as resources permit. Please contact the asylum office with jurisdiction over your case for more detailed information.

Last Reviewed/Updated:

Source: https://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-interview-scheduling

Don’t risk your life and your family. Fix your situation.

January 29, 2018 by no comments

 

Jeanne Morales Attorney talks about the risk that inaction could carry for individuals living in the United States without legal immigration status.
Call Jeanne Morales Attorney today. We can help.

Midland, Texas (432) 682-8855

El Paso, Texas (915) 881-9711

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La abogada Jeanne Morales habla sobre los riesgos que la inacción puede acarrear a individuos que viven en los Estados Unidos sin tener un status migratorio legal.

Llame a la abogada Jeanne Morales hoy mismo, podemos ayudar.

Midland, Texas (432) 682-8855

El Paso, Texas (915) 881-9711

USCIS Will Email Notifications to H-2A Petitioners, Use Pre-Paid Mailers to Send Requests for Evidence

January 28, 2018 by no comments

Beginning today, Jan. 22, 2018, USCIS will email notifications of receipt and approval to H-2A (temporary agricultural worker) petitioners who file Form I-129, Petition for a Nonimmigrant Worker. Also starting today, USCIS will use pre-paid mailers provided by H-2A petitioners to send requests for evidence (RFE) if issued in a case.

These process changes apply only to H-2A petitions due to their highly time-sensitive nature.

Email Notifications

USCIS will send notifications of receipt and approval to the email address provided by H-2A petitioners in Part 1 of Form I-129 and to any email address provided for their attorney or accredited representative on a valid Form G-28. There is no charge for this service.

In addition to these emailed notifications, USCIS will continue to send receipt and approval notices by postal mail and update Case Status Online.

Pre-Paid Mailers for Requests for Evidence

H-2A petitioners will be able to submit two pre-paid mailers if they want to expedite delivery of both the final decision notice and any RFE issued for the petition.

Service centers normally use pre-paid mailers only for final decision notices. Any pre-paid mailers submitted for H-2A petitions must meet the same requirements as pre-paid mailers used for other forms and classifications.

USCIS will no longer send receipt notices to H-2A petitioners via pre-paid mailer. This is because the emailed receipt notice will include the relevant receipt number.

Summary

For H-2A petitions, USCIS will:

  • Use a pre-paid mailer to send an RFE if the petitioner provided only one pre-paid mailer.
  • Send the final decision notice (such as a Notice of Approval or Notice of Denial) in a pre-paid mailer only if no RFE was issued or the petitioner provided a second pre-paid mailer.
  • Stop using a pre-paid mailer to send receipt notices.
Last Reviewed/Updated:
Source: https://www.uscis.gov/news/alerts/uscis-will-email-notifications-h-2a-petitioners-use-pre-paid-mailers-send-requests-evidence

Let 2018 be your Sunrise, become an American Citizen!

January 25, 2018 by no comments

Jeanne Morales Attorney encourages Green Card holders, Legal Permanent Residents, to become American Citizens.
She takes the time while driving from Midland to El Paso, Texas, with a beatiful and inspiring Southwest Texas Sunrise.
#BecomeAnUSCitizen #CallYourUs #JeanneMoralesAttorney

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Jeanne Morales Attorney invita a los poseedores de una Green Card, Residentes legales Permanentes, a convertirse en Ciudadanos de EU.
Ella toma el tiempo para hacer la invitación al manejar de Midland a El Paso, observando un hermoso e inspirador amanecer del Suroeste de Texas.
#BecomeAnUSCitizen #CallYourUs #JeanneMoralesAttorney

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