TPS to End for Guinea, Sierra Leone, and Liberia Effective May 21, 2017

Posted on September 26, 2016 by Hunton & Williams LLP

The USCIS announced that Temporary Protected Status (TPS) for citizens of Guinea, Sierra Leone, and Liberia will end as of May 21, 2017. TPS for these countries was set to expire on November 21, 2016. The Secretary of DHS has determined that conditions in these countries have improved, so that TPS benefits are no longer required. To make the transition easier for TPS beneficiaries, the program will end six months after the current designation expires. Those affected will retain their TPS-based employment authorization documents through May 20, 2017, and must depart the United States by that date. Employers can rely on the Federal Register notices for I-9 compliance.

Links to the Federal Register notices can be found here:

State Department Diversity Visa Lottery Begins October 4, 2016

Posted on September 16, 2016 by Hunton & Williams LLP

The State Department registration period for the Congressionally mandated 2018 Diversity Visa (DV) lottery begins October 4, 2016, and ends on November 7, 2016. The DV lottery allows nationals from certain countries to apply for immigrant visas (“green cards”) outside of the normal immigrant visa process. Individuals already being sponsored for immigrant visas by family members or employers may participate as well. Requirements include being a national of an eligible country (although an applicant may qualify based on his or her spouse’s nationality) and high school education or work experience. The online registration period begins Tuesday, October 4, 2016, at noon EST, and ends on Wednesday, November 7, 2016, at noon EST. Complete eligibility requirements and filing instructions can be found here.

DHS Extends TPS for Syria

Posted on August 1, 2016 by Hunton & Williams LLP

DHS announced today that it is extending Temporary Protected Status (TPS) for Syrian nationals who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve. The new extension allows qualifying individuals from Syria to reapply for TPS and work authorization that will be valid until March 31, 2018. The re-registration period begins today, and ends on September 30, 2016. Employment authorization documents held by qualifying individuals already set to expire on September 30, 2016, are automatically extended through March 31, 2017. Employers can rely on the DHS announcement for I-9 employment verification and reverification purposes. Syrian nationals and persons without nationality who last habitually resided in Syria who do not yet have TPS may apply through January 30, 2017.

DHS Extends TPS for El Salvador

Posted on July 11, 2016 by Hunton & Williams LLP

DHS announced today that it is extending Temporary Protected Status (TPS) for El Salvadoran nationals who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve. The new extension allows qualifying individuals from El Salvador to reapply for TPS and work authorization that will be valid until March 9, 2018. The re-registration period began on July 8, 2016, and ends on September 6, 2016. Employment authorization documents held by qualifying individuals already set to expire on September 9, 2016, are automatically extended through March 9, 2017. Employers can rely on the DHS announcement for I-9 employment verification and reverification purposes.

Fiscal Year 2017 H-1B Cycle Officially Over

Posted on July 8, 2016 by Hunton & Williams LLP

U.S. Citizenship & Immigration Services (“USCIS”) announced today that it has now completed returning all petitions that were not selected in the Fiscal Year 2017 H-1B lottery. Employers who filed petitions should now have received either a Form I-797 receipt notice indicating the petition was assigned a receipt number, or the original rejected petition including filing fees. USCIS will take inquiries if employers believe they filed during the required period – April 1 to April 7, 2016 – and have not received either the receipt notice or the rejected petition by July 22, 2016.

DHS Extends TPS for Honduras and Nicaragua

Posted on May 17, 2016 by Hunton & Williams LLP

DHS announced today that it is extending Temporary Protected Status (TPS) for Honduran and Nicaraguan nationals who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve. The new extensions allow qualifying individuals from Honduras and Nicaragua to reapply for TPS and work authorization that will be valid until January 5, 2018. The re-registration period for begins on May 16, 2016, and ends on July 15, 2016. Employment authorization documents held by qualifying individuals already set to expire on July 5, 2016, are automatically extended through January 5, 2017. Employers can rely on the DHS announcement for I-9 employment verification and reverification purposes.

BALCA Says Employers Must Inquire Further Into Applicants Who Meet Overall Education and Experience Requirements

Posted on May 17, 2016 by Hunton & Williams LLP

The U.S. Department of Labor’s Board of Alien Labor Certification Appeals (“BALCA”) determines employers’ appeals of prevailing wage determinations and labor certification (“PERM”) denials during sponsorship of foreign nationals for employment-based green cards. In a recently decided case, BALCA upheld a PERM denial because the employer failed to interview a potentially qualified U.S. worker during the mandatory labor market test for the sponsored position. BALCA said that employers have a duty to investigate further when the resume raises a “reasonable prospect” that a candidate is qualified; in other words, when a candidate meets overall education and experience requirements (Matter of CEO Ally, Inc., 5/12/16). The decision serves as a warning to U.S. employers that they protect the substantial human and financial resources they have invested in green card sponsorship by ensuring that they thoroughly screen all US workers – beyond mere resume review, when warranted – in order to provide concrete detail to support rejection of any U.S. workers during a PERM labor market test.

USCIS Announces That H-1B Cap Has Been Reached for Fiscal Year 2017, Lottery Planned

Posted on April 7, 2016 by Hunton & Williams LLP

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received sufficient H-1B petitions (regular and advanced degree cases) to reach the statutory cap for FY2017 (10/1/2016 through 9/30/2017).

USCIS Extends TPS Registration Period for Liberia, Guinea and Sierra Leone

Posted on March 22, 2016 by Hunton & Williams LLP

The Department of Homeland Security designates a country for Temporary Protected Status (“TPS”) when conditions – such as ongoing armed conflicts or environmental disasters – make it unsafe for those citizens who are in the United States to return home. Because of the Ebola outbreaks in western Africa, DHS designated Liberia, Guinea and Sierra Leone for TPS in November 2014.

USCIS Approves First U Petitions Certified by National Labor Relations Board for Victims of Unfair Labor Practices

Posted on March 14, 2016 by Hunton & Williams LLP

According to the January 2016 edition of “All Aboard,” the National Labor Relations Board’s in-house newsletter, U.S. Citizenship and Immigration Services has recently granted U status for the first time to victims of unfair labor practices in cases in which the NLRB’s General Counsel served as law enforcement certifier.