Filing a Form I-539 or Form I-526
Customers who need to file a Form I-539 or Form I-526 must now file the paper version of the form. If you already started an electronic Form I-539 or Form I-526, you will have 30 days from the day you began your application/petition to complete and submit it online. If you are unable to complete your electronic form within this 30-day time period, you will need to file a new paper application or petition. Й
If You Filed Electronically Before June 15, 2015
If you filed a Form I-539 or Form I-526 electronically, you will still be able to access your account to check your case status, change your address, and respond to requests for evidence while USCIS processes your case. If you filed a Form I-526 electronically, you will still be able to review and attest existing deal packages created by the Document Library Manager. However, Document Library Managers will not be able to create new document libraries or deal packages.
- Three proposed enhancements:
Final Nonconfirmation (FNC)СAllows employees to contest FNCs that they feel have been issued in error. This will be a new process allowing employees to request a review of their FNCs that will replace the current manual review process.
ReverificationСRequires employers to use E-Verify to reverify employees whose work authorization has expired. These include employees who were hired before the employer signed the E-Verify Memorandum of Understanding (MOU).
Updated MOUsСRevises the E-Verify MOU to support proposed business processes.
- Streamlined Tentative Nonconfirmation (TNC) Processes
Provides employees with greater access to E-Verify information. USCIS has simplified the TNC process to streamline the notice that an employer provides to the employee. USCIS has also drafted new email messages to communicate directly with the employee regarding Social Security Administration and Department of Homeland Security TNC notices.
- File on time. Submit your renewal request between 150 days and 120 days before the expiration date listed on your current Form I-797 DACA approval notice and Employment Authorization Document.
- Correctly submit all required forms and fees. USCIS will reject your renewal request unless you properly submit:
– Form I-821D, Consideration of Deferred Action for Childhood Arrivals;– Form I-765, Application for Employment Authorization;– Form I-765 Worksheet; and– Required fees of $465
- Avoid processing delays. Be sure to submit
– Any new documents and information related to removal proceedings or criminal history that you have not already submitted to USCIS in a previously approved DACA request;
– Proof of advance parole if you have traveled outside the United States since you filed your last DACA request that was approved; and
– Proof of any legal name change.
- Respond to Requests for Evidence. USCIS may deny your renewal request if you do not respond to a Request for Evidence in a timely manner.
- Submit an I-129 with all required documents, including an approved Temporary Labor Certification (TLC) from the Department of Labor that is valid for the entire employment period stated on the petition.
- Indicate an employment start date between April 1 and September 30, 2015.
On June 9, 2015, U.S. Citizenship and Immigration Services (USCIS) began publishing processing times for certain benefits processed at its international offices and International Operations Division headquarters. USCIS said those with cases before USCIS “can use this information to better manage their expectations for when their cases will be processed at USCIS offices. We will update this information every quarter.”
The information is available at https://egov.uscis.gov/cris/ptIntlIntro.do.
- ABIL Global: United Kingdom
Far-reaching reforms have been announced following the general election.
When the results of the recent general election were tallied, even the victors were surprised when the Conservative Party won sufficient seats in the House of Commons to shed its coalition partner and form a new majority government. Following this success, Prime Minister David Cameron moved swiftly to announce the Tories’ new policies and begin implementing a raft of far-reaching reforms.
With regard to immigration, the government intends to:
- introduce a criminal offense for illegal working (the government plans to seize wages as the proceeds of a crime);
- create a government enforcement agency to address the exploitation and coercion of migrant workers;
- make it illegal for employment agencies to recruit solely from abroad without first advertising in English in Britain;
- expand tenant immigration status checks to the national level, while simultaneously making the eviction of undocumented migrant tenants easier for landlords;
- ensure that banks take action against accounts of undocumented migrants;
- broaden the scope of “deport first, appeal later” to include nearly all immigration cases;
- implement mandatory electronic “tagging” of migrant offenders who are released on bail; and
- ask the Migration Advisory Committee (MAC) to consult on plans to further reduce migrant labor from outside the European Union, including:
- financing United Kingdom (UK) apprenticeships via levies on businesses hiring individuals under Tier 2;
- increasing minimum salary thresholds for migrant workers;
- restricting how long occupational sectors may claim that they have a skills shortage;
- limiting work visas to specialist experts and areas with skills shortages; and
- restricting Tier 2 dependents’ right to work.
In anticipation of the promised “in-out” referendum by 2017 on whether the UK should remain a member of the EU, Prime Minister Cameron also took the first steps toward renegotiating the terms of the UK’s relationship with the EU. Alongside other, broader changes he is proposing, and in an effort to curb migration from the European continent, Cameron hopes to restrict EU migrants’ access to social welfare benefits in the UK. While some of these terms may be possible, EU leaders have made it clear that free movement is not up for negotiation.
At present, however, an overwhelming majority of Britons do not believe that Mr. Cameron’s negotiations will be effective. Notwithstanding this pessimism, polls suggest that 44% of British citizens favor remaining in the EU (with 36% hoping to leave, and 17% still undecided). That said, as the pollsters and pundits were nearly universally incorrect in their general election forecasts, no result should at this point be seen as a foregone conclusion.
- Firm In the News
Cyrus Mehta was a Speaker on the following panels: Speaker on the following panels: 1) Immigration and Health Care: Everything You Need to Know About How the Affordable Care Act Impacts Your Clients; 2) AILA Ethics Compendium Live and 3) Beyond Deferred Action – Is Permanent Residence An Option? 2015 AILA Annual Conference on Immigration Law, Washington DC at National Harbor, June 17-20, 2015.
Mr. Mehta was interviewed on CNBC in a segment about skilled foreign workers and H-1B visas. The video is available at http://video.cnbc.com/gallery/?video=3000386272.
David Isaacson was a Speaker on the panel: Has CSPA Aged-out?2015 AILA Annual Conference on Immigration Law, Washington DC at National Harbor, MD, June 17-20, 2015.
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