Month: December 2014

On December 26, 2014, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for first half of fiscal year 2015. According to USCIS, a total of 18,841 beneficiaries have been approved for the first half of fiscal year 2015, with an additional 4,729 petitions pending. No beneficialries have been approved for the second half of fiscal year 2015, but 1,231 petitions have been received.

Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the year.

This week, the Department of Homeland Security released its fiscal year 2014 enforcement statistics from the Office of Immigration Statistics, Customs and Border Protection and Immigration and Customs Enforcement groups. In FY 2014, DHS conducted a total of 577,295 removals and returns, including 414,481 removals and 162,814 returns. ICE had a total of 315,943 removals or returns, and CBP made 486,651 apprehensions.

Because of a rise in illegal entry from Central America during FY 2014, the apprehensions and removals of Guatemalan, Honduran, and El Salvadorian nationals rose. Additionally, 85 percent of ICE’s FY 2014 removals and returns from the interior of the United States were of convicted criminals.

“DHS’s 2014 year­end enforcement statistics demonstrate that our front line officers and agents continue to execute their critical mission in a smart and effective way, focusing our resources on convicted criminals and those attempting to illegally cross our nation’s borders,” said Secretary Jeh Johnson. “This year’s statistics are informed by a number of complex and shifting factors, most notably the 68 percent increase in migration from countries other than Mexico, predominately from Central America, and a 14 percent drop in Mexican migration since fiscal year 2013. The unprecedented surge of unaccompanied children and families last summer, as well as the increasing number of jurisdictions declining to honor ICE detainers, also impacted DHS enforcement operations. Notwithstanding these challenges, DHS components have adjusted and continue to successfully secure our borders and protect our communities.”

On December 17, the White House published a factsheet on re-establishing U.S. relations with Cuba and an updated policy approach to U.S.-Cuba relations. As part of this large shift in policy toward our relationship with Cuba were key components related to travel. As part of this shift, the U.S. will facilitate an expansion of travel between the two countries under general licenses for the 12 existing categories fo travel to Cuba that are currently authorized by law.

Licenses will be made for authorized travelers under the following 12 categories:

(1) family visits;
(2) official business of the U.S. government, foreign governments, and certain intergovernmental organizations;
(3) journalistic activity;
(4) professional research and professional meetings;
(5) educational activities;
(6) religious activities;
(7) public performances, clinics, workshops, athletic and other competitions, and exhibitions;
(8) support for the Cuban people;
(9) humanitarian projects;
(10) activities of private foundations or research or educational institutes;
(11) exportation, importation, or transmission of information or information materials; and
(12) certain export transactions that may be considered for authorization under existing regulations and guidelines.

U.S. Customs and Border Protection (CBP) this week launched the Border Wait Time app, which makes it easier for travelers to plan trips across the U.S. border. The Border Wait Time app offers estimated wait times and open lane status at land ports of entry, allowing travelers to make decisions regarding where and when to cross the border.

Wait times for pedestrian and passenger and commercial vehicle crossings are broken down by lane type (standard, SENTRI, NEXUS, FAST, Ready Lane, etc.). Travelers can download the app for free from Apple’s App Store and Google Play.

“CBP continues to deploy technology that enhances the travel experience at all of our ports of entry,” said Commissioner R. Gil Kerlikowske. “The launch of this app will provide travelers crossing the land border with more information when and where they need it.”

According to USCIS, it has approved the maximum limit of 10,000 petitions for U-1 nonimmigrant visas for fiscal year 2015. This is the sixth straight year that USCIS has reached the maximum limit since it first began issuing the U visa in 2008.

Each year, 10,000 U visas are available for victims of certain crimes who have suffered substantial physical or mental abuse and are willing to help U.S. law officials investigate or prosecute those crimes. Although the limit for FY2015 has been reached, USCIS will continue to review U-1 visa petitions and, for those who are eligible, will send a letter notifying them that they are on a waiting list to receive the visa when it again becomes available.

On December 5, 2014, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for first half of fiscal year 2015. According to USCIS, a total of 14,051 beneficiaries have been approved for the first half of fiscal year 2015, with an additional 2,768 petitions pending. No beneficialries have been approved for the second half of fiscal year 2015, but 72 petitions have been received.

Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the ye

President Obama announced a series of changes to the Deferred Action for Childhood Arrivals (DACA) program on November 20, 2014. These changes included the abolishment of the maximum cut-off age of 31 for applicants; the advancement of the date that an applicant’s continuous residence in the US must have begun from June 15, 2007 to January 1, 2010; and work permits will now be granted for 3 years at a time instead of 2 years.

Please note that childhood arrivals must still have occurred before the candidate’s 16th birthday. These changes to the DACA program are expected to take effect in March 2015. The work permit extension, however, started on November 24, 2014.

On November 28, 2014, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for first half of fiscal year 2015. According to USCIS, a total of 12,786 beneficiaries have been approved for the first half of fiscal year 2015, with an additional 2,344 petitions pending. USCIS has not yet received applications for the second half of Fiscal Year 2015.

Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the year.