17-Month STEM CAP GAP OPT Extension Voided by Court
A Washington DC Federal court has held that DHS improperly promulgated the 2008 regulations creating the 17-month OPT CAP GAP extension for STEM graduates (strictly speaking, this is not reallly "CAP GAP" issue). According to the court, DHS should have placed the proposed regulation before the public, allowed everyone to comment, considered the comments and then published the final regulation. Thus, DHS violated the procedural mandate requiring "notice and comment." According to the court, there was no good reason to skip the "notice and comment" mandate.
17-Month STEM CAP GAP OPT Extension Voided by Court
24 December 2015
DHS has asked for an additional extension of stay to 10 May 2016 of the court order under which the STEM extension of OPT was invalidated by the DC federal court. DHS needs time to review appx. 50,500 comments they have received on the new proposed regulations. I am moving the new discussion to this link: http://www.immigration.com/blogs/new-rules-17-month-stem-extension-ongoing-updates-until-completed
Visa Bulletin - September 2015
Green Card
Temporary Immigration Relief Measures Available for Individuals Affected by Typhoon Soudelor
On August 2, 2015, Typhoon Soudelor caused extensive damage in the Commonwealth of the Northern Mariana Islands (CNMI). USCIS reminds customers affected by Typhoon Soudelor that certain U.S. immigration benefits or relief may be available to them. USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status or obtain certain other immigration benefits.
Eligible individuals may request or apply for temporary relief measures, including:
Recording of Free Community Conference Call (Every Other Thursday), 6 August 2015
Immigration.com
Green Card
Substantial transcription for video
FAQ: Investing/doing business while on H-1
Other issues: green card approved during your absence from the USA, H-1 quota exemption issues, business visas, travelling on H-1 visa, company harassing employee, H-1 approval vendor, revocation of I-140 and priority date, J-1 Home Residency Requirement, H-1B with a three year degree or two three-year degrees, two visas on passport, CSPA for over 21 child, experience letters.
Update for DACA Recipients Who Received 3-Year Work Permits
USCIS has accounted for over 99 percent of the approximately 2,600 identified invalid work permits requiring return. Twenty-two of the approximately 2,600 recipients failed to return their work permits or certify good cause for not doing so by the deadline of July 30, 2015. As a result, those 22 have been terminated from DACA.
DOL Updates FAQ on Prevailing Wages for H-1B, H-1B1, and E-3 Programs
The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs.
For the new FAQs click here.
TPS Registration Deadline for Liberia, Guinea, and Sierra Leone is August 18, 2015
Tuesday, August 18, 2015, is the deadline for eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries) to register for Temporary Protected Status (TPS). This deadline marks the end of DHS’ 90-day extension of the initial registration period. The TPS designations for these three countries run from Nov. 21, 2014, through May 21, 2016.