H-1B VISA CAP COUNT AS OF APRIL 20, 2012
USCIS updated its count of FY2013 cap-subject H-1B petitions & advanced degree cap-exempt petitions receipted. As of 4/20/12, nearly 25,000 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 10,900 H-1B petitions for aliens with advanced degrees. (April 2012)

NEW VISA FEES AT US CONSULS
Nonimmigrant and immigrant visa application fees will change on April 13, 2012. The fees for most nonimmigrant visa applications and Border Crossing Cards will increase, while all immigrant visa application fees will decrease. All visa applicants must pay the fee amounts in effect on the day they pay, including immigrant visa applicants who pay fees to the National Visa Center (NVC). If a visa fee was paid before April 13, 2012 and has decreased, there will be no refund. If a visa fee increased, old fees will be honored for cases with scheduled interviews until July 12, 2012. (April 2012)

SUPREME COURT REJECTS RETROACTIVE APPLICATION TO LPR
The Supreme Court issued an important decision, Vartelas v. Holder, No. 10-1211, rejecting the retroactive application of a provision of a law passed by Congress in 1996 that has prevented many lawful permanent residents (LPRs) from returning to the United States after a trip abroad. The Court ruled 6-3 that LPRs who temporarily leave the country cannot be denied readmission on account of criminal convictions that occurred before the law took effect. (March 2012)

USCIS ACCEPTS FILING FOR NEW H-1B FISCAL YEAR 2013
Citizenship and Immigration Services (USCIS) announced on March 27 that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2013 cap on Monday April 2, 2012. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee. USCIS will not rely upon the date that the petition is postmarked. (March 2012)

USCIS ISSUES TPS FOR SYRIANS
Secretary of Homeland Security Janet Napolitano announced March 23 that she will be designating Syria for Temporary Protected Status (TPS) for a period of 18 months. USCIS will post a Federal Register notice designating Syria for TPS and providing additional guidance. The registration period has not yet opened. (March 2012)

EXPANSION OF GLOBAL ENTRY PROGRAM
DHS recently published a general notice on the expansion of the international traveler program called Global Entry, which allows CBP to expedite clearance of preapproved, low-risk air travelers arriving in the US to four additional airports. (March 2012)

USCIS Extends TPS for Salvadorans
USCIS DHS Secretary Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, beginning March 10, 2012, and ending September 9, 2013. (Jan 2012)

Cecila Munoz named WH Domestic Policy Director
White House announced that current Director of Intergovernmental Affairs Cecilia Muñoz will now serve as Director of the Domestic Policy Council, where she will coordinate policy-making and supervise the execution of domestic policy in the White House. (Jan 2012)

USC Intends to Change Unlawful Presence Waiver Process
USCIS published a Notice of Intent in the Federal Register on January 9, 2012, stating it will consider regulatory changes that would allow certain immediate relatives to request provisional unlawful presence waivers prior to departing the U.S. for consular processing. (Jan 2012)

TPS Extension for Nicaraguans
USCIS announced an 18-month extension of the TPS designation of Nicaragua, effective 1/6/12 through 7/5/13, and automatic EAD extension for current Nicaraguan TPS beneficiaries.

TPS Extension for Hondurans
USCIS announced an 18-month extension of Honduras’ TPS designation, effective 1/6/12 through 7/5/13, as well as the automatic EAD extension for current Honduran TPS beneficiaries.

H-IB Cap Updated
USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 10/14/11, approximately 43,300 H-1B cap-subject petitions were receipted. USCIS has receipted 19,600 H-1B petitions for aliens with advanced degrees.

Court Rules DHS must respond to FOIAs within 20 days.
A Federal District Court in California granted partial summary judgment, ordering USCIS to respond to FOIA requests in 20 days absent unusual circumstances, and that Track 3 FOIA procedures (FOIAs for matters involved in removal proceedings) violates a 1992 settlement agreement and was promulgated in violation of the APA and FOIA. (Hajro v. USCIS, 10/13/11).

WIDOWS PETITION DEADLINE APPROACHING
USCIS reminds eligible widow(er)s that October 28, 2011 is the deadline for filing a Form I-360 visa petition. If a foreign national is the widow(er) of a U.S. citizen who died before October 28, 2009, the foreign national may be eligible to immigrate to the United States if: (1) the US deceased spouse was married for less than 2 years at the time of death, and (2) the Form I-360 for Special immigrant classification as a widow/widower is filed by October 28, 2011. (September 2011)

H-1B CAP UPDATE
USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 9/9/11, approximately 32,200 H-1B cap-subject petitions were receipted. USCIS has receipted 16,700 H-1B petitions for aliens with advanced degrees. (September 2011)

DV LOTTERY VISA 2013
DOS has published instructions for the 2013 Diversity Immigrant Visa Program (DV-2013). This year, natives from South Sudan and Poland are eligible, while Bangladesh natives are ineligible. Entries for the DV-2013 program must be submitted electronically between 10/4/11 and 11/5/11. (September 2011)

H-1B CAP UPDATE
USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 8/26/11, approximately 29,000 H-1B cap-subject petitions were receipted. USCIS has receipted 15,800 H-1B petitions for aliens with advanced degrees.

SUBWAY FRANCHISE PENALIZED FOR IMPROPER I-9s
OCAHO ordered the owner of a Subway franchise to pay $28,150 in civil penalties for failure to prepare and/or properly complete I-9 forms, finding that the penalties sought by ICE were disproportionate to the company’s size and resources. (U.S. v. Teelah Inc., 12/22/2010)

TOMATO PRODUCER FINED FOR UNAUTHORIZED WORKERS
ICE issued a press release announcing that Eurofresh, Inc., a large tomato producer in southern Arizona, was fined $600,000 and put on probation for a period of five years for knowingly hiring and continuing to employ unauthorized workers at the company between 2000 and 2006.

The Administration is making good, smart decisions on how to act in enforcing our current immigration laws. It is doing what any competent, effective, local law authority would do. The DHS has decided to spend its money and time where it benefits the public most, in the removal (deportation) of persons who are not only in the US without authorization, but are of danger to our communities, based on their conduct (not just their legal immigration status). This was supposed to have been the mission of the Secure Communities Program from the beginning. Under the new procedures, announced on August 18, persons who have been placed in removal proceeding, but do not have a criminal record, have long-term ties to the US, or other favorable factors, will be allowed to seek an end to the removal proceedings and even be issued some temporary status to be in the US. I support this new policy as being good for our country. It shows we have a smart administration that believes in enforcing the laws, but in a cost-effective, judicious manner, instead of depending on arbitrary random traffic stops to determine our how and when our immigration laws should be enforced.

NEW PROSECUTORIAL DISCRETION PROCEDURES
On August 18, 2011, DHS unveiled a new interagency process to ensure that resources are focused on the Administration’s highest enforcement priorities. As part of this process, an interagency team of DHS and Department of Justice (DOJ) officers and attorneys, including representatives from throughout DHS and from the Executive Office for Immigration Review (EOIR) and the Office of Immigration Litigation at DOJ, will identify low-priority removal cases that should be considered for an exercise of discretion (i.e. Dream Act immigrants). This review will be conducted on a case-by-case basis and will consider cases that are at the various stages of enforcement proceedings, including charging, hearing, and after a final order of removal. The interagency working group will also issue guidance to prevent low priority cases from entering the system on a case-by-case basis.

WHITE HOUSE SUSPENDS DEPORTATION OF DREAM ACT IMMIGRANTS
The Department of Homeland Security has announced on August 18 that it will prioritize the removal of people who have been convicted of crimes in the United States. They announced that they are strengthening their ability to target criminals even further by making sure they are not focusing our resources on deporting people who are low priorities for deportation. This includes individuals such as young people who were brought to this country as small children, and who know no other home. (i.e. Dream Act Immigrants) It also includes
Individuals such as military veterans and the spouses of active-duty military personnel. DHS, along with the Department of Justice, will be reviewing the current deportation caseload to clear out low priority cases on a case-by-case basis and make more room to deport people who have been convicted of crimes or pose a security risk. And they will take steps to keep low-priority cases out of the deportation pipeline in the first place. They will be applying “common sense guidelines” to make these decisions, like a person’s ties and contributions to the community, their family relationships and military service record.

Our communities are the bedrock of this country’s strength. What we believe, what we do, what we contribute, and what we protect in each of our communities is what makes our country strong. Immigrants are a vital part of our communities. Immigrants (both with legal status and without legal status) are members of our local neighborhoods, where they work, go to schools, participate at church, are consumers (purchase goods) in our economies, and are both victims and witnesses to local crimes. If we truly aspire to have “secure communities”, we must protect all those in our communities who support, contribute to and protect our American way of life.

The current ICE Secure Communities Program harms our communities. This Program has demonstrated that it does not do what it claims to do – that is to remove dangerous criminals from our communities, so that we are safe. What is has done is create fear and distrust of our local law enforcement by persons who are engaged in minor traffic violations. This hurts all of us in the communities, not just the undocumented. If persons in my neighborhood are afraid of the police, my local police cannot depend on its residents to contact them or assist them by reporting and informing them of serious criminal activity occurring in my neighborhood. This creates a community of “insecurity” and harms us all.

I agree that we need to address the status of persons in the US without proper documents, but this is not the way to do it, without causing harm to all of us. We need our Congress to pass (and pay) for laws that create a viable, cost effective, reasonable, and humane process to admit certain foreign nationals and the same to remove those who should not be here. This program does none of the above.

ICE en la Mira
Recientemente el Departamento de Seguridad Nacional le envió un memorandum a el Servicio de Inmigración y Control de Aduanas (ICE por sus siglas en ingles) reiterándoles seguir los lineamientos establecidos al momento de implementar sus programas. La abogada en inmigración Carlina Tapia-Ruano nos explica el impacto de este memo en las operaciones de ICE y la necesidad de establecer un sistema para hacer denuncias relacionadas con esta entidad.