The CSC also clarified that it is their position that an amended H-1B petition should be filed anytime an LCA is filed due to a change in location of employment.

The CSC also recommended practitioners notify the CSC when inappropriate or redundant RFEs are issued in H-1B cases. The CSC noted that RFEs must still be responded to even if they are believed to be inappropriate.

The CSC also stated that H-1B holders continue to retain 7th year extensions of H-1B status even when the underlying PERM or I-140 is denied or expires.

Representative Chaffetz (R-UT) introduced H.R. 3012, the Fairness for High Skilled Immigrants Act, to the House Judiciary Committee. The legislation proposes to eliminate per-country caps for employment-based immigrants and increases the per-country caps for family-based immigrants. 

Representative Schumer (D-NY) introduced S. 1618, SSI Extension for Elderly and Disabled Refugees Act of 2011. The bill proposes to extend the exceptions which allow refugees and asylees to qualify for federal benefits. The bill also proposes a $25 petition fee for the Diversity Visa program.

Representative Berman (D-CA) introduced H.R. 3017, the Agricultural Labor Market Reform Act of 2011.  The bill proposes to allow certain agricultural workers under H-2A status a pathway to lawful permanent resident status.  The legislation suggests the creation of a "blue card" which agricultural workers who have performed at least 863 hours or 150 work days or earned at least $7,500 may apply. The blue card would allow for travel and employment authorization. The program would last 6 years and be limited to 1,000,000 blue cards.  A blue card holder would be eligible to apply for lawful permanent resident status if the alien performs 100 work days of agricultural employment for at least five years or 150 work days of agricultural employment for three years. Adjustment of status would also require the payment of a $400 fine and proof of payment of taxes. The bill would exempt blue card holders from numerical visa limitations and certain grounds of inadmissibility.  The bill would stay any removal proceedings.

The bill would require mandatory use of E-Verify by farm labor contractors and prohibit the employment of illegal aliens. Fees from the bill would go to an agricultural labor trust fund dedicated to studying agricultural labor practices and management.

Sixty-nine members of Congress sent a letter to Secretary of Homeland Security Janet Napolitano applauding the August 18, 2011 announcement on enforcement priorities and asking that DHS consider LGBT families as a factor in the granting of prosecutorial discretion. 

Related Links

Fairness for High Skilled Immigrants Act

SSI Extension for Elderly and Disabled Refugees Act of 2011

Agricultural Labor Market Reform Act of 2011

The seven day operation involved 1,900 ICE officers FROM 24 field offices. Of the 2,901 individuals taken into custody, 1,282 aliens had multiple criminal convictions. 1,600 aliens had felony convictions for manslaughter, attempted murder, kidnapping, armed robbery, drug trafficking, child abuse, sexual crimes against minors, and aggravated assault. 42 were gang members. 151 were convicted sex offenders.  681 arrested had previous orders of to depart the country but failed to depart. Another 386 were illegal reentrants who had been previously removed.

The operation has resulted in a spike in families seeking assistance for detained aliens. While many of the aliens may have no form of immigration relief available because of the nature of their crimes, some may be entitled to immigration relief.  Individuals should contact the assistance of immigration counsel and be prepared to provide the detained alien's date of birth and A number, complete copy of all criminal records, and all immigration documentation related to the alien.

Related Links

ICE, News Release, ICE arrests more than 2,900 convicted criminal aliens, fugitives in enforcement operation throughout all 50 states 18 weapons seized during operation.

ICE Online Detainee Locator System

ICE Immigration Detention Facilities

Interested persons may submit entries for the Diversity Visa Lottery Program by utilizing the electronic DV entry form (E-DV) at www.dvlottery.state.gov.  DOS recommends that interested persons register as soon as possible as high demand may result in website delays.

The Diversity Immigrant Visa Program allocates 55,000 Diversity Visas each fiscal year to persons from designated countries with lower relative rates of immigration.  People born in the following countries are not eligible for the Diversity Visa program:

Bangladesh, Brazil, Canada, China (Mainland-Born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (Except Northern Ireland) And Its Dependent Territories, And Vietnam.

Related Links

Department of State, Media Note, 2013 Diversity Visa Program Registration

http://www.dvlottery.state.gov

Diversity Visa Program: DV-2013 Entry Instructions

Next, the VSC announced changes to the adjudication of I-129F K-1 petitions. The validity dates on approvals has been changed from 90 days to four months minus 1 day.

The VSC also stated that it will no longer accept affidavits that the couple has met in the past two years to support K-1 petitions. Instead, it will require a showing that the petitioner and beneficiary actually met by way of passport stamps, travel itinerary, and receipts.

The VSC also announced that all I-130s filed by petitioners residing outside the United States in countries without USCIS offices must file with the Chicago lockbox facility. The VSC announced that guidelines for requesting expediting processing of I-130 petitions before a local embassy or consulate are currently open for public comment.

Participants also argued that EADs are often the only identification documents held by TPS holder, without which TPS holders can be unable to acquire other documents such as drivers licenses.

Participants also argued that TPS is often withdrawn or denied due to government error. Allowing TPS holders to retain EADs during the appeal process can reduce detrimental effects of such mistakes.

Participants also argued that the revocation of EADs can also result in an unnecessary governmental buden.

USCIS will review the concerns raised and consider the proposal in the formulation of new regulations.

Regional Center Statistics

USCIS stated there are currently 173 approved Regional Centers operating in 40 states, including the District of Columbia and Guam.  A complete list of Regional Centers is available at http://www.uscis.gov/eb-5centers . 90 - 95% of EB-5 petitions are filed by aliens investing in Regional Centers.

The number of Regional Center proposals has increased significantly since fiscal year 2010. In the first three quarters of fiscal year 2011, applications have already reached 160% of all initial filings in 2010.

The percentage of Regional Center applications approved in fiscal year 2011 also exceeds 2010.  In 2010, 55% of initial proposals and 71% of amended proposals were approved. In the first three quarters of 2011, 67% of initial proposals and %84% of amended proposals have been approved.

EB-5 Petition Statistics

EB-5 petitions in the first three quarters of fiscal year 2011 have also increased since 2010.  2,608 petitions have been received in 2010 as opposed to 1955 in 2010.  82% of the petitions adjudicated in 2011 were approved, which is less than the 89% approval for 2010. The total number of EB-5 visas available each year is capped at 10,000.

93% of I-829 Petition to Remove Conditions were approved in the first three quarters of fiscal year 2011, compared with 83% in 2010. The approval rate is the highest in the history of the program.

Target times for processing applications a

• I-526            5 months
• I-829            6 months
• Regional Center Initial Proposal    4 months
• Regional Center Amended Proposal 4 months

The number of EB-5 five visas issued by the Department of State is the highest in the history of the program.  As of September 12, 2011, 3706 EB-5 visas were issued in fiscal year 2011.  In 2010, only 1885 visas were issued.  In 2005, only 158 visas were issued.

I-924 Guidance

Form I-924 Application for Regional Center is the filing made to receive designation for a Regional Center project. The Regional Center program allows for pooling of EB-5 investments and the showing of indirect job creation.

The meeting addressed common issues resulting in denial of Regional Center applications. USCIS cited the failure to provide sufficient verifiable detail how capital investment offerings will create jobs in the business plan and economic analysis. USCIS also cited failure to describe investment project activities the regional center will engage in for each industry category, including proposed number of investors, timelines, and financial plans showing capital required and expenditures for future projects.  USCIS also cited the reliability of data sources for economic model inputs, including appropriate use of regional data and source of business activity estimates for investment projects.

In addressing exemplar form I-526 submissions included with I-924 applications, USCIS emphasized exemplar I-526 petitions should be included with Matte of Ho compliance business plans and associated economic analysis; project timeframes; request for approval of the exemplar I-526; supporting documentation; and amount and source of non EB-5 financing needed for the project.

USCIS also responded to questions. It stated Form I-924A supplements for Regional Centers approved for fiscal year 2011 must be filed by December 29, 2011.  I-924A forms are used for annual reporting.  USCIS intends to publish statistics including geographic and industry  categories of investment capital, volume of regional center capital invested, and number of jobs created.

USCIS also stated all of the terms of the EB-5 program must have been met when filing for removal of conditions, I-829. USCIS also referred to previous memorandum when responding to questions regarding job creation.

USCIS also responded to various questions from participants.

The Department of State will conduct on-site reviews of the largest program sponsors to monitor performance, assess regulatory compliance, consult regarding implementation of the interim final rules. Based on previous inspections, the Department of State will not visit sponsors based solely on the size of the program, but will conduct compliance reviews on designated sponsors whose previous compliance deserves examination.

Out of the 51 designated Summer Work Travel programs, 14 sponsor have been identified as a part of the compliance review. The programs account for 65% of Summer Work Travel program participants.

The reviews will focus on whether the sponsors have complied with the Pilot Program guidelines and participant monitoring requirements, maintenance of accurate SEVIS records, and sponsors' relationships with third parties they have engaged to assist in carrying out the core programmatic functions inherent in the administration of exchange visitor programs.  Other inquiries will include sponsors' roles in assisting participants in finding suitable housing; decision-making processes (including the numbers of participants accepted); self- imposed compliance mechanisms; procedures for handling student participant problems (including finding new jobs for those whose pre- arranged placements were unsatisfactory); and policies for refunding deposits or payments to student participants.

The Department of State will use the reviews as an opportunity to receive feedback from sponsors regarding the interim rules and utilize the feedback for implementation of final rules.

Related Links

76 FR 59182

The fact sheet provides a general outline of the process, known issues, and links to state agencies. The sheet recommends that applicants wait 10 days from the date of entry to apply for drivers licenses because Systematic Alien Verification (SAVE), the database used by many states to confirm immigration status, may not reflect the applicant's status. The fact sheet similarly suggests waiting two days from the activation date in SEVIS to apply.

The fact sheet also provides the documentation that should be brought when applying for the identification. The fact sheet emphasizes that all information on various immigration documents and passports should be identical. Where there are inconsistencies, the sheet recommends correcting them.

The fact sheet acknowledges there are issues when students are changing status to H-1B or are starting a new program of study. The fact sheet provides a list of contacts for additional questions regarding the process.

Related Links

ICE, Fact Sheet, Applying for a Driver's License or State Identification Card.

The report recommended USCIS develop a national fraud identification program identifying current fraud trends and ensure training is conducted annually for officers adjudicating H-1B and H-2B petitions.