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  • Re-Starting DACA – Filing as a Dreamer!

    A man in suit and tie holding a microphone.

    Thanks to recent court action, those who are eligible under the original DACA rules can now file new applications, despite the President’s executive order attempting to terminate the program. To do so, forms I-821, I-765, I-765WS must be filed with a $495 filing fee to the appropriate address. Substantial documentary evidence of eligibility must also be provided or the application will be either denied or rejected, even if the applicant is truly eligible.

    There are various online resources discussing eligibility and the filing, such as available through the Immigrant Legal Resource Center or the website Immigrants Rising. The USCIS page showing the changes to policy is located here.

    Of course it is strongly recommended that you file with the assistance of a lawyer to avoid the problems and delays or denials that result from incomplete applications, and IBLF stands ready to assist you with this process. To setup a consultation with IBLF and get started, submit this inquiry form: Click Here.

  • EMPLOYERS: How to Fill out or Update your Foreign Worker I-9s

    Every US employer must maintain USCIS Form I-9 for their US based employees, whether US Citizens, legal permanent residents or foreign workers. But for foreign workers, whose work authorization may be term limited, it is necessary to track and update that form when it expires.

    NEW HIRES: The work authorization document needs to be listed in Section 2 of the I-9 form, listing the expiration date of the document as listed on the document. However for certain TPS workers (from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan), subject to the automatic extension of their authorization in the recent Federal Register notice, the expiration date is as listed on the following table:

    A man in suit and tie holding a microphone.
    Table from Federal Register Document 20-27154

    EXISTING HIRED FOREIGN WORKERS: For RE-VERIFICATION of existing hires, you must update Section 3 of the I-9 with the new expiration date listed above. Note that if you have already used Section 3 on the original form, simply print a new copy of page 2 of the I-9 and attach it to the original I-9.

    Call or text IBLF (202-296-1111) if you have any questions on this procedure.

  • Extension of TPS Until October 4, 2021!

    The Department of Homeland Security is finally acting (on December 9, 2020) to comply with a court injunction affecting TPS holders for El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal, automatically extending their TPS status and work authorizations through October 4, 2021.

    Those people with expiring driver’s licenses should be able to obtain a necessary extension of their licenses until that date by taking their existing EAD card and a copy of the Federal Register Notice implementing that that extension, located at: http://federalregister.gov/d/2020-27154.

    Please call or text IBLF if you have any questions: 202-296-1111.

  • Donald Trump’s final blows to immigration

    After 4 years of a government focused on diminishing immigration to the United States, the final days of Donald Trump have been dedicated to modifying the immigration processes for foreign travelers and workers as well as U.S. businesses.

    Restriction on access to H1B Visas for foreign workers, elimination of work authorization for people with suspended deportation, restrictions on travel, delayed work authorization eligibility for new asylum seekers, unlawful limitation on DACA and termination of TPS are the final blows to block worthy and eligible immigration as well as free trade and travel.

    With the transition to a Biden – Harris administration, and the nomination of Alejandro Mayorkas as Secretary of Homeland Security, the country is feeling a certain kind of relief.  But, to revert all these new regulations and Presidential proclamations, President-elect Biden will need time, and this time can be months, even a year, to turn everything to order.

    For immigration law firms, the tension has started to rise.  Clients calling, worried about their cases and legal status, is the new day by day routine. Law firms are challenged to find the best advice and guide their cases in the safest way possible.

    H-1B visa limitation

    If we talk about H-1B visas, it is a category which allows foreign Bachelors, Masters and PhD students with specialties to work in the United States.  On November 2, 2020, USCIS published a proposed rule that would alter how those H-1B specialists are selected. If implemented, the current random selection process would be replaced with one that prioritizes specialists who are paid the highest salaries for the most experienced professionals, dramatically reducing access to the H-1B visa program for early-career professionals and small businesses who need them to join in growing those businesses .

    Business groups, including the US Chamber of Commerce and the National Retail Federation, were in federal court on November 23rd, to challenge restrictions on H-1B visas for tech workers, doctors, professors, and others. They argued that the government did not adhere to the Administrative Procedure Act in moving forward with the changes to H-1B rules. Therefore, the change should fail.

    The most affected will be early-career professionals, including those who have completed Bachelor’s, Master’s or Doctoral degrees at U.S. colleges and universities. The proposal impacts a wide range of U.S. employers and industries, including the healthcare and technology industries, among others.  The case states, “For example, foreign-born doctors who have recently graduated and have entered their residency would have no chance of obtaining an H-1B visa under this new rule”.

    DACA and Chad Wolf

    On July 28, 2020, Chad Wolf, the Secretary of Homeland Security, issued a memorandum that effectively suspended DACA. The suspension was voided by a court’s finding that Mr. Wolf was not lawfully serving as Secretary of Homeland Security when he issued the memorandum.  After the court’s ruling, the DACA program should have reverted to its original full force. However, USCIS unlawfully maintains some restrictions. For example, new DACA applications are not accepted and validity of a DACA Work Authorization has been reduced to 1 year from the earlier 2-3 years.

    Travel Restrictions

    The temporary travel restrictions applicable to land ports of entry and ferries service between the United States and both, Canada, and Mexico, block the flow of travelers.  In the beginning, the initiative was to control the propagation of COVID-19.  Now, the proclamation has been extended to December 2021. Contrary to its minimalist view of the virus, but with the increased rate of COVID-19 infections, it is likely the Administration will block land entry form Mexico and Canada beyond the Christmas/New Year’s holiday.

    A proposal was published in the Federal Register yesterday limiting visitors because they happen to be nationals of certain countries.  Effective through June 24, 2021, a Pilot Program involving persons who have obtained an inadmissibility waiver will run for six months.  It requires a bond from foreign nationals applying for a visitor’s visa (B1,B2 visa) who are from countries with high visa overstay rates.

    During that period, consular officers may require nonimmigrant visa applicants falling within the scope of the Pilot Program to post a bond in the amount of $5,000, $10,000, or $15,000 as a condition of visa issuance. The amount of the bond will be determined by the consular officer based on the circumstances of the visa application.  Prejudice – Is the individual applicant a victim of pre-judgment?  

    Elimination of Work Authorization

    The U.S. Department of Homeland Security (DHS) also proposed eliminating employment authorization for aliens who have final orders of removal but are temporarily released from custody on an order of supervision with one narrow exception. DHS proposes to continue to allow employment authorization for aliens for whom DHS has determined that their removal is impracticable because all countries from whom travel documents have been requested have affirmatively declined to issue a travel document and who establish economic necessity.

    DHS intends for this rule to reduce the incentive for aliens to remain in the United States after receiving a final order of removal, regardless of resulting hardship on U.S. citizen or permanent resident.

     U.S. Immigration During Transition

    All these new rules generate confusion among the affected parties. How or will these changes be enforced before the new administration of Joe Biden takes effect?

    United States is the country with the biggest immigrant population. About 50 million people are immigrants according to the report World Population Policies, published in 2018 for the United Nations Organization. Finding solutions to include immigrants in a legal system should be a priority for our nation.

    By Rosa A. Hernandez- Communications Specialist

  • 4th Circuit Further Defines Family Asylum Group

    A comprehensive decision, Sandra Hernandez-Cartagena v. William Barr (https://www.ca4.uscourts.gov/opinions/191823.P.pdf) by the 4th Circuit overturning and remanding a denial of asylum by an immigration judge, affirmed by the Board of Immigration Appeals (BIA), affirms the legitimacy of a family unit as an appropriate social group for asylum protection. The Fourth Circuit found that the BIA’s decision denying the asylum claim was ” manifestly contrary to the law and an abuse of discretion.”

    The immigration judge and the BIA decided the case based on an analysis that a young woman was targeted by a gang individually, raped and beaten because she could not pay extortion, even though her brother had also been injured and the stated purpose of the extortion was to get the parents to pay money to the gang. This decision provides a good analysis for the pleading and testimonial requirements that support such an asylum claim, a situation which often results in denials when the victim of such extortion does not understand the legal requirements for such a claim.

  • CHANGE OF ADDRESS!!!

    IBLF has now changed its physical address from 1915 Eye Street NW – Fifth floor to a location just down the street on Farragut Square, same zip code (20006) on the 4th floor of the legendary Barr Building — 910 17th Street, Suite 408. Please note that this building has nothing to do with the current attorney general (William Barr) but was built in 1927 in the gothic style, named for prominent DC real estate developer John L. Barr, and is registered on the National Register of Historic places. In light of the Covid pandemic, we will continue working virtually as much as possible, but can receive clients in our new offices by appointment and with masks (!) and provide the services that we need including in-person meetings and business support. All other aspects of our business remain the same.

    NEW ADDRESS:
International Business Law Firm PC (IBLF PC)
910 17th Street NW - Suite 408
Washington, DC 20006-2604

    We look forward to serving our clients at this new location.

  • PROPOSED New USCIS Fees (Oct 2, 2020) – NOT IN EFFECT DUE TO COURT INJUNCTION

    Immigration benefit requestCurrent fee $Final fee $Change ($)Percentage change
    I-90 Application to Replace Permanent Resident Card (online filing)455405−50−11
    I-90 Application to Replace Permanent Resident Card (paper filing)455415−40−9
    I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document445485409
    I-129 Petition for a Nonimmigrant worker460N/AN/AN/A
    I-129CW, I-129E&TN, and I-129MISC46069523551
    I-129H14605559521
    I-129H2A—Named Beneficiaries46085039085
    I-129H2B—Named Beneficiaries46071525555
    I-129L46080534575
    I-129O46070524553
    I-129H2A—Unnamed Beneficiaries460415−45−10
    I-129H2B—Unnamed Beneficiaries460385−75−16
    I-129F Petition for Alien Fiancé(e)535510−25−5
    I-130 Petition for Alien Relative (online filing)535550153
    I-130 Petition for Alien Relative (paper filing)535560255
    I-131 Application for Travel Document575590153
    I-131 Refugee Travel Document for an individual age 16 or older135145107
    I-131 Refugee Travel Document for a child under the age of 161051151010
    I-131A Application for Travel Document (Carrier Documentation)5751,01043576
    I-140 Immigrant Petition for Alien Worker700555−145−21
    I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)930790−140−15
    I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP) 45851,400815139
    I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS)9301,40047051
    I-193 Application for Waiver of Passport and/or Visa5852,7902,205377
    I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal9301,05012013
    I-290B Notice of Appeal or Motion675700254
    I-360 Petition for Amerasian, Widow(er), or Special Immigrant435450153
    I-485 Application to Register Permanent Residence or Adjust Status 51,1401,130−10−1
     ——- (children under 14 years old)7501,13038051
    I-526 Immigrant Petition by Alien Investor3,6754,0103359
    I-539 Application to Extend/Change Nonimmigrant Status (online filing)370390205
    I-539 Application to Extend/Change Nonimmigrant Status (paper filing)370400308
    I-589 Application for Asylum and for Withholding of Removal05050N/A
    I-600/600A Adoption Petitions and Applications775805304
    I-600A Supplement 3 Request for Action on Approved Form I-600AN/A400N/AN/A
    I-601 Application for Waiver of Ground of Excludability9301,010809
    I-601A Provisional Unlawful Presence Waiver63096033052
    I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended)930515−415−45
    I-687 Application for Status as a Temporary Resident1,1301,13000
    I-690 Application for Waiver of Grounds of Inadmissibility715765507
    I-694 Notice of Appeal of Decision-890715−175−20
    I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA)1,6701,615−55−3
    I-751 Petition to Remove Conditions on Residence59576016528
    I-765 Application for Employment Authorization (Non-DACA)41055014034
    I-765 Application for Employment Authorization (DACA only) 641041000
    I-800/800A Adoption Petitions and Applications775805304
    I-800A Supplement 3 Request for Action on Approved Form I-800A385400154
    I-817 Application for Family Unity Benefits600590−10−2
    I-824 Application for Action on an Approved Application or Petition465495306
    I-829 Petition by Investor to Remove Conditions3,7503,9001504
    I-881 Application for Suspension of Deportation or  72851,8101,525535
     —– Special Rule Cancellation of Removal5701,8101,240218
    I-910 Application for Civil Surgeon Designation785635−150−19
    I-924 Application For Regional Center Designation Under the Immigrant Investor Program17,79517,79500
    I-924A Annual Certification of Regional Center3,0354,4651,43047
    I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant2301,4851,255546
    N-300 Application to File Declaration of Intention2701,3051,035383
    N-336 Request for Hearing on a Decision in Naturalization Proceedings (online filing)7001,7251,025146
    N-336 Request for Hearing on a Decision in Naturalization Proceedings (paper filing)7001,7351,035148
    N-400 Application for Naturalization (online filing)6401,16052081
    N-400 Application for Naturalization (paper filing) / (prior reduced fee for low income) 640 / 3201,170530 / 85083 / 226
    N-470 Application to Preserve Residence for Naturalization Purposes3551,5851,230346
    N-565 Application for Replacement Naturalization/Citizenship Document (online filing)555535−20−4
    N-565 Application for Replacement Naturalization/Citizenship Document (paper filing)555545−10−2
    N-600 Application for Certificate of Citizenship (online filing)1,170990−180−15
    N-600 Application for Certificate of Citizenship (paper filing)1,1701,000−170−15
    N-600K Application for Citizenship and Issuance of Certificate (online filing)1,170935−235−20
    N-600K Application for Citizenship and Issuance of Certificate (paper filing)1,170945−225−19
    USCIS Immigrant Fee220190−30−14
    Biometric Services (Non−DACA) 98530−55−65
    Biometric Services (DACA only) 10858500
    G-1041 Genealogy Index Search Request (online filing)6516095146
    G-1041 Genealogy Index Search Request (paper filing)65170105162
    G-1041A Genealogy Records Request (online filing)65255190292
    G-1041A Genealogy Records Request (paper filing)65265200308

  • 4th Circuit Upholds Block of Anti-Abortion Rule

    In a 9 to 6 en banc published ruling on September 3, 2020, the 4th Circuit Court of Appeals upheld a lower court injunction preventing implementation of a agency rule designed to prevent abortion counseling or referral by medical personnel on the grounds that it improperly violated medical ethics, interfering with the physician patient relationship, and improperly imposed costs on medical institutions and facilities without a permissible basis, violating Title 10 by requiring any entity receiving such funds to “physically separate their abortion-related services from the Title X services.”

    The decision (Baltimore v. Azar, US Dept of Health & Human Services, No. 19-164) had a strong dissent arguing that the agency’s ethical and moral policy judgments and analysis justified such restrictions and should not be questioned by a reviewing court, and that since federal money could not be used for abortion, denying information and referrals to clients was not gagging since the agency claimed it was simply restricting counseling on family planning, not health counseling, and therefore would be consistent with the goals of Congress in restricting such funds, and furthermore that the costs of physical separation in facilities was not adequately proven.

    Ironically, the dissenters are really arguing that providing knowledge of abortion is tantamount to promotion or encouraging it, in keeping with current administration policy that seeks to deny knowledge as a method of obtaining some policy goal. The majority strongly denied that there was any weakening of the rule against federal funding, and based their decision on medical ethics and costs.

  • USCIS cancels planned massive furloughs

    U.S. CITIZENSHIP AND Immigration Services said Tuesday that it has halted plans to furlough 70% of its workforce on Sunday, saving some 13,400 employees from temporary layoff and averting a near-total shut down of the legal immigration system.

    The agency warned, however, that furloughs could still take place in the future unless Congress acts to stabilize USCIS’s finances.

    USCIS is the government agency responsible for processing and adjudicating applications for visas, green cards, citizenship and other immigration benefits. The planned furloughs were expected to dramatically diminish the agency’s ability to process immigration applications, all but grinding the legal immgiration system to a halt.

    The announcement comes after lawmakers on both sides of the aisle pressured the agency to abandon its plans for the furloughs, arguing that the temporary layoffs were not financially necessary and would have a devastating human toll.

    The House on Saturday unanimously passed an emergency stopgap measure aimed at increasing USCIS’s revenue and prompting the Trump administration to cancel the furloughs.

    The agency said in a press release that it will take “aggressive spending reduction measures” but expects to maintain operations through the end fiscal 2020, which runs through Sept. 30. The cost-savings measures target federal contracts and will result in delays in application processing and case adjudication, the agency said.

    By US News

  • Restrictions to Work Authorization for Asylum Applicants to Begin on August 25,2020

    USCIS announced a final rule modifying DHS’s regulations governing asylum applications, interviews and eligibility for employment authorization based on a pending asylum application.

    Applicants for an initial or renewal employment authorization document under the (c)(8) eligibility category must submit biometrics and pay the biometric services fee. There are also new questions applicants must complete based on a pending asylum application. USCIS will not accept Applications for Employment Authorization postmarked on or after Aug. 25, 2020, if you do not file them with the updated edition of Form I-765 and I-765WS and the correct fees.

    What you have to know when you send the form:

    The current edition of Forms I-765 and I-765WS, dated 12/26/19

    • If it is postmarked before Aug. 25, 2020, we will continue to accept the 12/26/19 edition.
    • If it is postmarked on or after Aug. 25, 2020, we will not accept the 12/26/19 edition.

    The updated edition of Forms I-765 and I-765WS, dated 08/25/20

    • If it is postmarked on or after Aug. 25, 2020, we will accept the 08/25/20 edition.
    • If it is postmarked before Aug. 25, 2020, we will not accept the 08/25/20 edition.

    With the new EAD regulations, DHS is introducing dramatic changes to asylum applicants’ eligibility to seek an EAD under the C(08) category. These changes include:

    • 365-day Waiting Period: The new rule entirely eliminates the Asylum Clock and doubles the mandatory waiting period for a C(08) EAD after applying for asylum to 365 days instead of 180 days. If the asylum application is denied before the end of the 365-day waiting period, the C(08) EAD application will be denied.
    • No Employment Authorization if Fail to Apply for Asylum Within One-Year Filing Deadline: Under the U.S. asylum law, in order to be eligible for asylum, an individual must file their asylum application within one year after entering the United States, unless an exception applies. Under the new rule, an asylum applicant is not eligible for a C(08) EAD if they file the asylum application after the one-year deadline, unless and until an asylum officer or immigration judge determines that an exception applies and that the applicant filed for asylum within a reasonable period of time under the circumstances. This represents a major shift in policy because it means that the many asylum applicants who apply for asylum on or after August 25, 2020, and more than one year after they entered the U.S. will be unable to receive work authorization until and unless they are able to establish an exception to the one-year filing deadline at their asylum interview or with the immigration judge. Please note that this restriction applies only to asylum applications filed on or after August 25, 2020.

    With information of USCIS and imwong.com