Author: tancincowp

USCIS has published a revised version of Form G-28, the Notice of Entry of Appearance as Attorney or Accredited Representative. This revision is part of a final rule that took effect on January 27, 2015. The revised form, dated 03/04/2015, includes two new boxes that allow a petitioner to tell USCIS whether he or she would like to receive notices and secure documents directly or whether he or she wants USCIS to send these notices and documents directly to his/her legal representative. This form also requests more biographic data, email addresses and cell phone numbers.

Beginning April 13, 2015, USCIS will no longer accept earlier versions of Form G-28. Applications submitted on previous versions of the form will only be accepted if it meets all acceptance criteria. Notes and secure documents will be sent only to the petitioner.

USCIS Director León Rodríguez recently announced that the Department of Homeland Security will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrant workers who are seeking employment-based lawful permanent residence. The Department of Homeland Security amended regulations to allow these dependent spouses to accept employment in the U.S. This will take effect May 26, 2015.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” said Rodríguez. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

USCIS notes that Monday, March 9, 2015, is the deadline for current El Salvador Temporary Protected Status (TPS) beneficiaries to re-register for an 18-month extension that will run from March 10, 2015, to September 9, 2016. USCIS is required by law to withdraw TPS from a beneficiary if he or she fails to re-register without good cause.

Eligible El Salvador TPS beneficiaries who choose to re-register during the registration period and request employment authorization should receive a new Employment Authorization Document with a Sept. 9, 2016, expiration date. Because some beneficiaries will not receive their cards by March 9, USCIS is automatically extending current TPS El Salvador EADs with a March 9, 2015, expiration date for an additional six months. Existing EADs will be valid through Sept. 9, 2015.

USCIS notes that Monday, March 9, 2015, is the deadline for current El Salvador Temporary Protected Status (TPS) beneficiaries to re-register for an 18-month extension that will run from March 10, 2015, to September 9, 2016. USCIS is required by law to withdraw TPS from a beneficiary if he or she fails to re-register without good cause.

Eligible El Salvador TPS beneficiaries who choose to re-register during the registration period and request employment authorization should receive a new Employment Authorization Document with a Sept. 9, 2016, expiration date. Because some beneficiaries will not receive their cards by March 9, USCIS is automatically extending current TPS El Salvador EADs with a March 9, 2015, expiration date for an additional six months. Existing EADs will be valid through Sept. 9, 2015.

USCIS has published a new version of Form I-407, the Record of Abandonment of Lawful Permanent Status. Users can begin using the form as of March 23, 2015; it is available on the USCIS website. The current edition is dated 2/26/2015. Previous form editions will not be accepted.

Form I-407 allows nonimmigrants to formally record with USCIS their decision to voluntarily abandon their status as a lawful permanent resident (LPR) of the United States. There is no filing fee.

On January 26, 2015, 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, the cap amount for the first half of FY15 (33,000) was reached by January 26. A total of 9,761 beneficiaries have been approved for the second half of FY15, with an additional 1,345 pending.

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.

Last week, U.S. District Judge Andrew Hanan, based in Brownsville, Texas, issued a preliminary injunction for 26 states suing the U.S. government to stop President Obama’s executive action on immigration. The states argued that the executive action is unconstitutional and would force increased state investments in law enforcement, health care and education.

In response to this decision by Judge Hanan, President Obama’s Press Secretary released the following statement:

The Supreme Court and Congress have made clear that the federal government can set priorities in enforcing our immigration laws—which is exactly what the President did when he announced commonsense policies to help fix our broken immigration system. Those policies are consistent with the laws passed by Congress and decisions of the Supreme Court, as well as five decades of precedent by presidents of both parties who have used their authority to set priorities in enforcing our immigration laws.

The Department of Justice, legal scholars, immigration experts, and the district court in Washington, D.C. have determined that the President’s actions are well within his legal authority. Top law enforcement officials, along with state and local leaders across the country, have emphasized that these policies will also benefit the economy and help keep communities safe. The district court’s decision wrongly prevents these lawful, commonsense policies from taking effect and the Department of Justice has indicated that it will appeal that decision.