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Hackensack NJ Immigration & Naturalization Law Blog

Check-In with DOS's Charlie Oppenheim: July 14, 2015 HIGHLIGHTS FROM THE AUGUST VISA BULLETIN

EB-3 Update and Significant Retrogression in EB-3 China. In August, EB-3 China will retrogress seven years to June 1, 2004. It initially appeared that there would be unused family-sponsored numbers available in this category, allowing for advances in the cut-off date earlier in the year. But, demand in family-sponsored China has changed drastically, making the availability of additional numbers very unlikely. Another reason for the retrogression is that the advancement of the cut-off date for EB-3 China earlier in the fiscal year generated significant demand within the allowable annual limit. The good news is that this category will likely recover at the start of the new fiscal year, moving back to a 2010 or possibly 2011 cut-off date in October. EB-3 Other Workers will also retrogress two years to January 1, 2004. EB-3 China, EB-3 India and EB-3 Philippines all have the potential to move forward a few months in September, depending on demand for EB-3 Worldwide through early August. Charlie predicts EB-3 Worldwide and EB-3 Mexico will continue to advance in September but may hold steady starting in October for a month or two to see if significant demand from the recent advancement of the cut-off date materializes.

DHS ANNOUNCES TEMPORARY PROTECTED STATUS DESIGNATION FOR NEPAL.

Secretary of Homeland Security Jeh Johnson announced his decision to designate Nepal for Temporary Protected Status (TPS) for 18 months based on the conditions resulting from the devastating magnitude 7.8 earthquake that struck Nepal on April 25th, 2015, and the subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notice published today provides details and procedures for applying for TPS.

H-1B AMENDMENTS POST-SIMEIO SOLUTIONS: WHY CIS SHOULD CONSIDER TAKING OFF THE RETROACTIVITY ASPECT FROM THE "DRAFT" GUIDANCE? By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted to United States Citizenship and Immigration Services (USCIS) when there is a material change in the terms and conditions of employment.

Who Really Let the Disney Tech Workers Down: Disney or the H-1B Visa Program? By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

As reported by the New York Times on Friday, June 5, 2015, Disney layoffs and replacement by H-1B workers provided by HCL Americas (HCL) drew a flood of comments. Not less than 2,800 comments were received in response to the original New York Times article, Pink Slips at Disney. But First, Training Foreign Replacements, by Julia Preston. As expected, most of the comments raised concerns and suspicions about the H-1B visa program. The story traces its origin to a Senate Judiciary Committee hearing, presided by Senator Chuck Grassley (R-IA), on March 17, 2015, to examine whether employers were displacing American tech workers by hiring immigrants at lower wages on H-1B visas. As reported by the New York Times, after the hearing, former employees from several companies, including Disney, were prompted to contact Ms. Julia Preston, a national correspondent who has covered immigration law issues for The Times since 2006.

USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

On April 9, 2015, USCIS' Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that the employers must file amended H-1B petitions when a new Labor Condition Application (LCA) for Nonimmigrant Workers is required due to a change in the H-1B worker's worksite location. Specifically, the decision stated:

USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses

USCIS on May 21, 2015, published information to help eligible H-4 dependent spouses who want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule.

FIVE THINGS ASYLUM APPLICANTS SHOULD KNOW ABOUT THE 180-DAY ASYLUM EAD CLOCK. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

#1: WHAT IS THE 180-DAY ASYLUM EAD CLOCK?

BENEFICIOS HUMANITARIOS: ¿ES OBLIGATORIO TENER UNA I-130 APROBADA Y QUIEN PODRÍA FIRMAR UNA DECLARACIÓN DE APOYO? Por: Michael Phulwani, Esq, David H. Nachman, Esq. y Rabindra K. Singh, Esq.

Introducción

HUMANITARIAN BENEFITS: IS IT MANDATORY TO HAVE AN APPROVED I-130 & WHO COULD SIGN AN AFFIDAVIT OF SUPPORT? By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

Introduction

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