USCIS Scam Alert
WARNING: If someone claiming to be from USCIS calls making threats of deportation and asking for a money transfer or a money order, voucher or some other type of money exchange, payment or withdrawal – do not go along with it – hang up and report it!
In recent weeks, we have heard from our clients of a new telephone scam targeting USCIS applicants and petitioners. Scammers use a technique called “Caller ID spoofing” to display a misleading or inaccurate phone number in a recipient’s Caller ID – oftentimes ones associated with USCIS. The scammer poses as a USCIS official and requests personal information (such as Social Security number, passport number, or A-number), identifies supposed issues in the recipient’s immigration records, and asks for payment to correct these records. Scammers may even threaten victims with deportation or other negative consequences if they do not pay.
If you or anyone of your employees receives a call like that, Pearl Law Group urges you to hang up immediately!
Be assured that USCIS will NEVER ask for any form of payment or personal information over the phone. In general, we encourage you to protect your personal information and not to provide details about your immigration application in any public area.
If you have been a victim of this telephone scam, please report it to the Federal Trade Commission or report it to an appropriate state authority.
If you have a question about your immigration record, please do not hesitate to call your Pearl Case Manager or Attorney.
DHS Proposes Work Authorization to H-4 Dependents of H-1B Spouses
As part of the Obama administration’s efforts to attract highly skilled workers, the Department of Homeland Security (DHS) has proposed extending the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants. The extension would be limited to H-4 dependent spouses of principal H-1B nonimmigrants who are seeking lawful permanent resident status through employment.
The proposed rule includes such spouses of H-1B nonimmigrants who are either the beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) or who have been granted an extension of their authorized period of admission in the United States under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), as amended by the 21st Century Department of Justice Appropriations Authorization Act.
DHS said this regulatory change is intended to lessen any potential economic burden on the H-1B principal and H-4 dependent spouse during the transition from nonimmigrant to lawful permanent resident status, furthering the U.S. goals of attracting and retaining highly skilled foreign workers. The lack of employment authorization for H-4 dependent spouses often gives rise to personal and economic hardship for the families of H-1B nonimmigrants the longer they remain in the United States, DHS noted. In many cases, for those H-1B nonimmigrants and their families who wish to remain permanently in the United States, the time frame required for an H-1B nonimmigrant to acquire lawful permanent residence through his or her employment may be many years. As a result, DHS pointed out, retention of highly educated and highly skilled nonimmigrant workers in the United States can become problematic for employers. “Retaining highly skilled persons who intend to acquire lawful permanent residence is important to the United States given the contributions of these individuals to the U.S. economy, including advances in entrepreneurial and research and development endeavors, which correlate highly with overall economic growth and job creation,” the agency said.
DHS believes that this proposal would further encourage H-1B skilled workers to remain in the United States, continue contributing to the U.S. economy, and not abandon their efforts to become lawful permanent residents (to the detriment of their U.S. employers) because their H-4 nonimmigrant spouses are unable to obtain work authorization. DHS said this proposal also would remove the disincentive for many H-1B families to start the immigrant process due to the lengthy waiting periods associated with acquiring lawful permanent resident status.
DHS seeks public comments on the proposed rule. The agency noted that the most useful comments will reference a specific portion of the proposed rule, explain the reason for any recommended change, and include data, information, or authority that support the change.
The proposed rule is available here.
USCIS Holds Stakeholder Call about L-1A Site Visits
U.S. Citizenship and Immigration Services (USCIS) held a stakeholder call on April 24, 2014, on the implementation of L-1A site visits for intracompany transferee managers and executives. The following are highlights from the call:
USCIS said that site visits are randomly selected and not based on suspected fraud or tips received. All L-1A extensions are included in the pool, not just new offices. The trigger is the filing of a Form I-129, Petition for a Nonimmigrant Worker, with USCIS. The agency noted that at the moment, there does not seem to be a method for including petitions filed at the border by Canadians or petitions filed at consulates based on a blanket L-1, but USCIS is trying to figure out how to include them as well.
The inspection program is being phased in and may be extended to initial petitions and/or L-1B specialized knowledge employees in the future, USCIS said. Inspection officers do not have authority to withdraw, approve, deny, or re-adjudicate a petition. Also, they do not have the authority to make a finding of fraud, but they can forward the results of the inspection to the Fraud Detection and National Security Directorate (FDNS) for further investigation. The inspection report assesses compliance with the L regulations and the result is either “verified” or “unverified.” A supervisor reviews all inspection findings.
Attorneys may be present, but officers may not wait for them to show up. Participation in the inspection is voluntary, USCIS noted. The petitioner may at any time request that the inspection be stopped, and the inspection officer will stop and create the report based on the information obtained up to that point and through other methods (e.g., Internet, telephone, email, conversations with neighbors). Stopping the investigation will not necessarily result in an “unverified” conclusion, USCIS said.
Employers should be prepared to present all documents submitted with the original L-1A petition. One caller noted that employers are not required to maintain public access files in the L context and therefore may have difficulty immediately producing these documents. USCIS replied that the production expectation is the same for Ls as it is for Hs, but they will be allowed to follow up with the officer after the inspection to clarify and/or provide requested documents that were not readily available at the time of the inspection.
According to USCIS, each inspection will touch on issues easily addressed in many cases by information contained in the L-1A petition. Some of those issues noted on the call include:
Whether the facility employed by the business appears to be the one described in the petition.
Whether the inspector made contact with the signatory of the petition or a human resources representative or management point of contact who could answer questions about the petition filed and the visa holder.
Whether the information in the petition is viable and whether the documents collected related to the presence of the organization as a business.
Whether the inspector was able to interview the beneficiary.
Whether the petition signatory, human resources representative, or manager interviewed had knowledge of the originally filed petition associated with the beneficiary.
Whether the inspector found the beneficiary to be working for the organization cited in the petition.
Whether the beneficiary was knowledgeable, forthcoming, and cooperative.
Whether the beneficiary is being compensated with the salary indicated in the petition.
Whether the beneficiary is performing the duties indicated in the petition.
White House to Propose New Steps, Regulations to Attract Entrepreneurs
The Obama administration released a fact sheet on April 7, 2014, summarizing efforts to strengthen entrepreneurship, including a series of proposed regulations and other steps.
Among other things, the Department of Homeland Security is set to publish soon several proposed rules intended to make the United States more attractive to talented foreign entrepreneurs and other high-skill immigrants. The proposed regulations will include rules authorizing employment for spouses of certain high-skill workers on H-1B visas and enhancing opportunities for outstanding professors and researchers.
Also planned is the launch of “Entrepreneur Pathways,” an online resource center “that gives immigrant entrepreneurs an intuitive way to navigate opportunities to start and grow a business in the United States,” the fact sheet says.
Additionally, the Department of State will launch two new exchange programs for entrepreneurs in the Western hemisphere. The Small Business Network of the Americas (SBNA) Fellowship Program will connect incubators across the hemisphere “to share best practices in entrepreneurial development and unlock market access for small businesses across the region,” the fact sheet states. The Professional Fellows Program will bring Salvadoran, Guatemalan, and U.S. officials together for a six-week internship and training program focusing on professional development, problem-solving, and networking.
The White House fact sheet is available.
Greece
A new immigration regulation, Law ??.4251/2014, has been passed on April 1, 2014 and will go into effect on June 2, 2014. The details have yet to be released by the Ministry of Interior.
What Are The Main Changes?
At this stage the primary changes in the new immigration law can be summarised as follows:
Senior managerial level employees may be locally hired by Greek entities. Currently these employees may only be hired by Greek multinational companies where more than 50% of the shares are foreign owned.
Renewals of Van Der Elst Visas and D visas for Short Term Assignments may be curtailed, currently one renewal of up to 6 months is usually granted for these statuses.
No residence permits will be granted for holders of Van Der Elst visas and D visas for Short Term Assignments.
India
Effective May 21, all India visa applications submitted in the U.S. will be processed via a different visa agency, called Cox & Kings Global Services. The current provider, BLS, will cease to provide India visa processing services in the U.S. Delays as a result of this transition are expected.
Who are Cox & Kings?
Cox & Kings is a visa processing agency which has won the contract for the management of Indian visa applications handled in several countries. Handing over the management of visa applications to a visa processing agency is fairly commonplace – many governments elect to do this, to minimise the number of incomplete and faulty applications they need to review.
Transition Period
The Embassy of India in Washington, D.C. announced the change on May 7, and provided the following details of the handover of services to the new provider:
The current service provider, BLS, will accept mailed applications posted up to May 13 and arriving by May 15. Applications likely to arrive after May 15 should be sent to Cox & Kings and will be processed from May 21.
BLS, will accept in-person applications until the afternoon of May 16 at all its US locations.
BLS will accept only Emergency Visa applications until May 20.
The progress of pending applications with BLS can be checked on the BLS website until May 20, and on the Cox & Kings website thereafter.
Details of the Cox & Kings applications website and office locations will be published shortly.
Ireland
The Department for Jobs, Enterprise and Innovation (DJEI) has published the Employment Permits (Amendments) Bill which, when enacted, will introduce new Employment Permit categories and update some existing ones.
What Are The Main Changes?
The new law will provide for nine different purposes for which an employment permit may be granted, including the following new or updated categories:
A new Critical Skills Employment Permit to replace the existing Green Card;
A new employment permit for spouses and dependents of Critical Skills Employment Permit holders;
A new General Employment Permit for highly skilled occupations for contracts of less than two years;
A new Reactivation Employment Contract;
A new Exchange Agreement Employment Permit;
A Sports and Cultural Employment Permit;
A new Internship Employment Permit.
Other existing categories of employment permit, such as the Contract for Services Permit and the Intra-Company Transfer Permit, may be reformed also, but no details have yet been released.
At this time, no information has been provided on the criteria, duration, eligibility, process or required documents for any of the categories. The new law is expected to be enacted by summer 2014, subject to parliamentary approval.
Critical Skills Employment Permit
This permit, meant to replace the existing Green Card, will address critical shortages of specific skills, to be identified in the Regulations.
In order to attract individuals who possess such skills, this permit type allows immediate family reunification and a fast track to residency. In addition, a number of the criteria normally applying to the issue of an employment permit will be waived for this category.
Spouses, Civil Partners and Dependents Employment Permit
This permit is meant to enable the family members of holders of Critical Skills Employment Permits and Researchers, to work in Ireland.
At the moment only spouses of Green Card Holders and spouses of ICT permit holders whose permit was granted before 2009 are eligible for Spousal Permits.
General Employment Permit
This will be issued in cases where a contract for a designated highly skilled occupation has been offered for a duration of less than two years, or for other occupations, apart from those included on a list of ineligible jobs, where a number of other criteria have been met. At the moment, the only option for an employment permit which is required for less than two years for employees who hold an Irish employment contract is a Work Permit, even if they would otherwise fulfill Green Card criteria.
Reactivation Employment Contract
This would allow for the return of individuals to employment who had fallen out of the employment permits system through no fault of their own.
Internship Employment Permit
This would allow students of foreign institutions to work in Ireland, where that is a key component of the course which they are following.
Other Changes
The Bill also extends the existing requirement for a labour market needs test, with an exemption for Critical Skills Employment Permits.
The existing requirement for 50% of an enterprise’s employees to be Irish or EEA nationals where an employment permit is to be issued is also to be extended, with a waiver for enterprise start-ups for a designated, as-yet unspecified period.
Background
The new legislation, along with other recent immigration reforms under the government’s Action Plan for Jobs, is aimed at increasing the number of skilled graduates available in Ireland, especially in Information and Communication Technology (ICT) occupations.
Norway
After joining the EEA on April 11, 2014, Croatians do not need to apply for residence permits to work, study or live in Norway, but must adhere to the registration scheme if they wish to stay more than three months.
What Has Changed?
Croatian nationals previously required a work and residence permit issued by the Norwegian Directorate of Immigration (UDI) in Norway to work and live in the country. Following Croatia’s full accession to the EEA last month, Norway has eliminated residency application requirements for Croatian nationals.
Any Croatian nationals with family members who are citizens of a country outside the EU/EEA, can now also apply for a residence card for family members of EU/EEA nationals.
What is the European Economic Area?
The European Economic Area (EEA) unites the 28 European Union (EU) Member States (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK) and the three EEA/EFTA States (Iceland, Liechtenstein, and Norway).
Background
The Agreement on the participation of the Republic of Croatia in the European Economic Area and three related agreements were signed on April 11, 2014 and were applied on a provisional basis as of April 12, 2014 pending their entry into force.
Note that individual EU and EEA countries may choose to maintain certain restrictions on labour immigration from Croatia for an initial period of two years. This period may be extended at a later date for a further five years under certain specific conditions.
The Norwegian government has decided not to make use of its right to limit labour immigration from Croatia at present as it is a small country and the level of labour migration from Croatia to Norway is expected to be low. However, if this turns out not to be the case, the Norwegian Government is able to introduce restrictions at a later date within the transition period of maximum seven years, in accordance with the provisions of the enlargement agreement.
Current Residence Permit Holders
Croatian nationals who already have a residence permit in Norway must register as EU/EEA nationals when their current residence permit expires.
Poland
As anticipated, significant changes to the Polish immigration system have gone into effect from May 2014 due to the implementation of the EU Single Permit directive, passed into EU law in December 2011.
From the beginning of this month and in accordance with the Act of Parliament on Foreigners of December 12, 2013 (Dz. U. [Journal of Laws] of 2013 Item 1650), the Polish authorities have introduced a number of amendments relevant to corporate immigration, including:
the introduction of the single work and residence permit;
a longer validity for a temporary residence permit;
a clearer route for business owners in Poland to regularise their immigration status;
increased possibilities of applying for permanent residence;
and renewal timing extensions.
Single Permit Applications
A single permit application authorising both work and residence may now be filed in-country with the provincial governor’s office (Urzad Wojewodzki) in Poland with jurisdictional authority over the address where the applicant will be residing. It is no longer necessary to file separate work permit and residence permit applications. This is intended to streamline and expedite applications.
Note that the current practice where foreign nationals holding Schengen D visas for Poland do not need to apply for a residence permit will not change.
Temporary Residence
A temporary residence permit may be issued for the maximum period of three years, which is one year longer than before. This should cut down on renewal applications and costs for companies.
Business Owners
Those who wish to set up business entities in Poland now have clearer requirements to obtain a residence permit, as the Act sets out the specific economic conditions that a company must meet for its owner to qualify for a residence permit in Poland. As before, the intended economic activity should be beneficial for the Polish economy.
Permanent Residence
Section VI of the Act (Article 195-225) makes provision for persons of Polish origin, “Karta Polaka” holders (individuals who have previously held Polish citizenship), children of parents with a long-term EU residence/permanent residence permit; victims of human trafficking; individuals under international protection or those with refugee status and subsidiary protection to apply for a permanent residence permit in Poland.
Renewal Timings
The period that a renewal for a Polish immigration document can be submitted has been extended, allowing applications to be submitted up to the date of expiration as follows:
A residence permit renewal request may be submitted up to the day of the existing permit validity (instead of no later than 45 days before the expiry of the validity of a residence card)
A visa may be renewed up to the last day of legal residence (instead of 3 days before the validity expiration)
Other Changes
Any person who submits a request for the legalization of stay in Poland will be required to submit their fingerprints (with the exception of children of less than six years of age). As a result, the application should be lodged in person.
A foreign national is no longer required to submit a signed lease agreement as evidence of accommodation. At the time of filing the application, it is enough to prove that the foreigner has a guaranteed place of residence with, for example, a letter from the employer confirming this.
On refusal of legalization of his/her stay, of granting protection or on withdrawal of a residence permit or protection, a foreigner has a grace period of 30 days to leave Poland legally (without any negative consequences normally associated with illegal residence).
Switzerland
Long term B permit quotas for locally hired workers from “EU8″, the eight countries which joined the EU in 2004 will end as of May 1, 2014 and June 1, 2014 for workers from “old” EU countries, the “EU17″.
What Are EU8 and EU17?
The “EU8” are the eight countries which joined the EU in 2004: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovenia and Slovakia. The “EU17” are the seventeen EU member states which comprised the EU prior to its expansion in 2004 plus Malta and Cyprus; i.e.: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, Sweden, Spain, the United Kingdom.
What Are Switzerland’s Quotas?
Switzerland has operated a quota system for the issuance of work and residence permits for all non-Swiss nationals – both non-European Union nationals and EU nationals, up until 31 May 2014. The quotas were imposed on B permits, which are long term residence permits, valid for up to five years, and renewable. Once the B permit quotas are reached, applicants are issued with L permits instead – valid for up to 12 months and convertible into a B permit after two years. These permit quotas have now expired and will not be renewed, so as of 1 June most EU nationals hired in Switzerland (on local contract and payroll) will be allowed to enter Switzerland, register for their permit and begin working without restrictions.
Exceptions for New EU Member States
Bulgarian, Croatian and Romanian nationals will still have to apply for permits and wait for approval before they can start to work in Switzerland. Work authorization for these nationals will continue to be subject to annual quotas until 31 May 2016. The Swiss government then has the possibility to decide whether this quota duration is to be prolonged or not. Also, note that quotas still apply for all nationals on assignment to Switzerland (those remaining on home country contract and payroll).
Will Quotas Be Reintroduced?
The Swiss government is expected to respond during 2014 to the referendum in February, when a majority voted in favour of tightening EU immigration into Switzerland and reintroducing annual quotas for all EU/EFTA nationals. By the end of the year, a legislative draft is to be submitted for consultation. Until definite legislation has passed on the matter, the bilateral agreements regarding free movement between the EU and Switzerland remain valid.
Ukraine
Due to the developing political situation in Ukraine and consequent change in relations with Russia, the State Border Service of Ukraine is limiting the entry of Russian male nationals aged 16 to 60 years.
Although there have been no announcements formalizing this, the limitations have been in practice since April 17, 2014.
What Are the Changes?
Previously all Russian nationals could enter Ukraine for stays of up to 90 days in a 180-day period with their passports only.
Russian males are now being scrutinized at the port of entry, and may be turned away if not falling into one of the categories below.
Russian males travelling with accompanying family;
Russian males holding documents listed below:
Documents confirming kinship or serious illness / death of close relatives;
Notarized invitation from individuals or legal entities, or from state organizations and institutions of Ukraine;
Work permit;
Temporary residence permit or permanent residence permit in Ukraine;
Transit documentation (itineraries) showing departure from Ukraine;
Document showing employment as a driver of commercial vehicles engaged in international freight transportation, or as crew of aircraft or ships transiting through Ukraine.
There are currently no restrictions in practice for women, but entry requirements between Russia and Ukraine may change at short notice.