Volume Twenty Two, Number One
SHUSTERMAN’S 
IMMIGRATION UPDATE is the Web’s most popular e-mail newsletter regarding US immigration laws and procedures with over 60,000 subscribers located in more than 150 countries. It is written by a former INS Trial Attorney (1976-82) with over 40 years of experience practicing immigration law.
Published by the Law Offices of Carl Shusterman, 600 Wilshire Blvd, Suite 1550, Los Angeles, California, 90017. Phone: (213) 623-4592 x0.
Want to keep up to date with the latest changes in immigration laws, procedures, processing times and forms? Subscribe now to our Immigration Newsletter, join the conversation on our Facebook Page, follow our Blog Posts and subscribe to our “How-To” Immigration Videos.
This is the first issue of the 22nd year of Shusterman’s Immigration Update!
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TABLE OF CONTENTS:
1. Will President Trump Reduce Legal Immigration by 50%?
2. Automatic EAD Extensions under the January 17th Regulations
3. State Department Visa Bulletin for January 2017
4. Immigration Government Processing Times
5. Success Story: A EB-1 Green Card for an Extraordinary Post-Doc
6. Immigration Trivia Quiz: Famous Immigrants in Business
7. Ask Mr. Shusterman: Senators Introduce Bill to Protect Dreamers
8. Shusterman’s Upcoming Immigration Seminars
9. Jobs & Green Cards for RNs & MedTechs: Free Legal Help!
10. Winner for Our December 2016 Immigration Trivia Quiz!
NEWS FLASHES:
What General Kelly Could do at DHS – President-Elect Trump has nominated retired General John Kelly to be Secretary of the Department of Homeland Security (DHS). Since USCIS, ICE and the CBP are all part of DHS, the DHS Secretary will be instrumental in implementing the President’s immigration policies. How would immigration policy change under General Kelly’s leadership at the DHS?.
Disney IT Workers Claim Discrimination Against Americans in Lawsuit– On December 12, 30 IT workers filed a lawsuit against Disney alleging discrimination on the basis of national origin and race. These workers were laid off in January 2015 as a result of the company’s use of offshore outsourcing firms. This is the second lawsuit Disney faced this year relating to the displacement of US workers.
USCIS Extends Parole for Immediate Relatives of US Citizens in the CMNI – USCIS extended the parole program for immediate relatives of US citizens and for certain “stateless” individuals to maintain legal status in the Commonwealth of the Northern Mariana Islands. The extension is effective until December 31, 2018. To apply, you must have been previously granted parole and there is no fee. It is important to note that this expansion does not authorize employment.
Trump’s Anti-Immigration Fans are Furious at Him – President-Elect Trump’s proposed nomination of Andrew Puzder, the CEO of a major fast-food conglomerate as the US Secretary of Labor has not only enraged labor union leaders, but Trump’s own anti-immigrant base. Mr. Puzder allegedly favors hiring foreign-born workers because they are grateful for their jobs and have a better attitude.
IEEE Wants Trump to End H-1B Lottery – The IEEE-USA, an organization of engineering and technology professionals, is urging President-Elect Trump to replace the H-1B lottery with a system which would grant H-1B petitions to the employers which pay the highest salaries.
EB-5 & Conrad 30 Program Extended – On December 10, President Obama signed a stop-gap spending bill which extends the EB-5 regional center program, the Conrad 30 program for physicians, E-Verify and a number of other immigration programs until April 28, 2017.
NSEERS Program Abolished by Obama – In December 2016, President Obama took steps to abolish the NSEERS program which was a registry for immigrant men from Muslim countries. The program was established after the September 11, 2001 attacks. Attorney Kris Kobach who designed the NSEERS program recently met with President-Elect Trump and there is speculation that NSEERS may soon be revived.
USCIS Will Accept Old Versions of Most Forms Until February 21, 2017 – USCIS had previously announced that starting December 23, applicants and petitioners for a large number of immigration benefits would have to use newly-updated forms and pay higher fees. Then, on December 29, the agency announced that they would continue to accept the old forms (except the N-400 form for naturalization) until February 21, 2017 as long as the forms were accompanied by the higher fees. P.S. – As a former INS Citizenship Attorney (1976-82), I am always sadly amused when the USCIS issues a new N-400 form and raises the filing fee. When I worked for the government, the N-400 was 4-pages long and the filing fee was $15. The new N-400 is 20-pages long (with 18 pages of instructions) and the filing fee for most applicants is $640.
1. Will President Trump Reduce Legal Immigration by 50%?
Much of the focus on immigration in the 2016 Presidential Campaign was on what to do with the 11 million undocumented persons in the US.
Even after the election, the press continues to focus this subject:
Will President-Elect Trump build a wall or a fence and who will pay for it?
Will he round up and deport 11 million or 2 million people?
What will he do with the existing DACA program?
While these are all important questions, the media has largely ignored what will happen to our existing legal immigration system under the new administration.
This is the system that brings to our country hundreds of thousands of physicians, nurses, medical researchers, IT professionals as well as the innovators who founded Google, Yahoo and many of the top Silicon Valley and biotech giants, thereby creating a huge number of jobs for Americans .
Be forewarned: A number of organizations which are dedicated to greatly reducing the number of immigrants to the US believe that President Trump will abolish most of the family-based immigration categories and cut legal immigration by 50% or more.
In a recent report entitled “Immigration Priorities for the 2017 Presidential Transition”, the Federation of Americans for Immigration Reform (FAIR) advocates reducing the number of green cards issued from 1 million to 300,000 per year.
Roy Beck, the President of Numbers USA, wrote in a recent blog post: “I hope you are as excited and ready as we are to take advantage of some very special opportunities in 2017 to reduce immigration flows by millions over the next decade…” His organization favors reducing the number of green cards issued to 250,000 per year.
How does our President-Elect stand on reducing legal immigration?
In his 10 Point Plan to Put America First, he pledges to “Reform legal immigration to serve the best interests of America and its workers, keeping immigration levels within historic norms.”
Organizations like FAIR and Numbers USA interpret “historic norms” to refer to the era before the implementation of the Immigration and Nationality Act of 1965. Between 1921 and 1965, Congress reduced immigration to a mere trickle. Also, the pre-1965 immigration laws were racially and ethnically biased. For many years, Asians were deemed “racially ineligible” to become US citizens. Most immigration to the US was restricted to citizens of just 3 European countries.
It is wise to bear in mind what President Johnson said when he signed the 1965 Act into law:
“This [old] system violates the basic principle of American democracy, the principle that values and rewards each man on the basis of his merit as a man. It has been un-American in the highest sense, because it has been untrue to the faith that brought thousands to these shores even before we were a country.”
I believe that we are a great country because we welcome persons of all races, nationalities and religions. Together, we have created the most free and prosperous country in the world.
We need to evaluate immigrants based on their merits as individuals and to abolish per-country quotas.
The number of people allowed to immigrate to the US each year is a small fraction of 1% of our population. There are millions of people who have waited in line for years to immigrate, some for over 20 years. Immigrants greatly contribute to our country, and their numbers should not be reduced.
Let’s stay true to the message on our Statute of Liberty!
2. Automatic EAD Extensions Under the January 17th Regulations
In the December 2016 issue of our newsletter, we summarized the new 366-page DHS regulation regarding employment-based immigration which will become effective on January 17, 2017.
In this article, we focus on the portion of the regulation which allows certain persons to obtain temporary automatic extensions of their Employment Authorization Documents (EADs).
Under the new regulations, the USCIS will no longer be required to adjudicate requests for EADs within 90 days. However, persons with existing EADs will be able to apply for extensions of their work permits 180 days (up from 120 days) before they expire.
The regulation designates the following 15 categories of people who will be eligible for automatic 180-day extensions of their EADs as long as they submit timely requests to extend their EADs:
Aliens admitted as refugees;
Aliens granted asylum;
Aliens admitted as parents or dependent children of aliens granted permanent residence under section 101(a)(27)(I) of the INA;
Aliens admitted as citizens of the Federated States of Micronesia, the Marshall Islands, or Palau;
Aliens granted withholding of deportation or removal;
Aliens granted Temporary Protected Status (TPS);
Aliens who have properly filed applications for TPS and who have been deemed prima facie eligible for TPS and have received an EAD as a “temporary treatment benefit”;
Aliens who have properly filed applications for asylum or withholding of deportation or removal;
Aliens who have filed applications for adjustment of status under section 245(a) of the INA;
Aliens who have filed applications for suspension of deportation under Section 244 of the INA, cancellation of removal under section 240A of the INA, or special rule cancellation of removal under section 309(f)(1) IIRAIRA;
Aliens who have filed applications for creation of a record of lawful admission for permanent residence;
Aliens who have properly filed legalization applications pursuant to section 210 of the INA;
Aliens who have properly filed legalization applications pursuant to section 245A of the INA;
Aliens who have filed applications for adjustment of status pursuant to section 1104 of the LIFE Act; and
Aliens who are the principal beneficiaries or qualified children of approved VAWA self-petitioners.
The rule does nothing to assist first-time applicants for EADs, nor does it permit automatic extensions of Advance Parole.
Many persons, such as spouses of nonimmigrants (L-2s, H-4s, etc.) are ineligible for automatic extensions of their EADs.
The automatic EAD extension portion of the regulation is more complicated than this summary of the rule would indicate. Small employers without the resources to regularly check the USCIS website or consult with immigration lawyers may find it burdensome to comply with the I-9 requirements that this rule will entail.
It is recommended that persons with EADs should submit applications for extensions of their EADs and Advance Paroles 180 days before the expiration date to protect their ability to work and travel without interruption. Doing so will also aid their employers.
3. State Department Visa Bulletin for January 2017
EMPLOYMENT CATEGORIES
The worldwide employment-based preference categories all remain current except for EB-3 which advances by one month to August 1, 2016.
However, the outlook remains bleak for persons born in India, China and the Philippines due to per-country quotas.
India EB-2 advances by 10 weeks, but India EB-3 remains frozen at March 15, 2005.
China EB-2 advances by 3 weeks while China EB-3 moves forward 9 weeks. China EB-5 investors will see their waiting times lengthen to almost 3 years.
Philippines EB-3 moves forward by 7 weeks to July 22, 2011.
The EB-4 category for persons born in Mexico, El Salvador, Guatemala and Honduras remains frozen.
The following chart tells the story of the EB numbers in detail:
A. APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
World
China
El Salvador, Guatemala, Honduras
India
Mexico
Philippines
1st
Current
Current
Current
Current
Current
Current
2nd
Current
10-15-12
Current
4-15-08
Current
Current
3rd
8-01-16
9-08-13
8-01-16
3-15-05
8-01-16
7-22-11
Unskilled
8-01-16
12-01-05
8-01-16
3-15-05
8-01-16
7-22-11
4th
Current
Current
7-15-15
Current
7-15-15
Current
5th
Current
4-08-14
Current
Current
Current
Current
B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS– These dates indicate when immigrant applicants can send adjustment of status applications without having to wait for their priority dates to become current.
World
China
India
Mexico
Philippines
1st
Current
Current
Current
Current
Current
2nd
Current
3-01-13
4-22-09
Current
Current
3rd
Current
5-01-14
7-01-05
Current
9-01-13
Unskilled
Current
8-01-09
7-01-05
Current
9-01-13
4th
Current
Current
Current
Current
Current
5th
Current
6-15-14
Current
Current
Current
FAMILY-BASED CATEGORIES
The family-based categories in the visa bulletin are as follows:
F-1 Unmarried Adult Sons & Daughters of US Citizens
F-2A Spouses & Children of LPRs
F-2B Unmarried Adult Sons & Daughters of LPRs
F-3 Married Sons & Daughters of US citizens
F-4 Brothers & Sisters of US Citizens
An applicant’s priority date is the day that the government received the I-130 Petition. For more on family-based visas and how you can shorten your application time, see Attorney Shusterman’s video near the top of this page.
VISA BULLETIN – FAMILY
The worldwide family-based priority dates continue to move slowly forward between 2 and 5 weeks as do the numbers for persons born in the Philippines.
For persons born in Mexico, 2 of the priority dates fail to advance while the other 3 inch forward between 1 and 3 weeks.
The F4 category for siblings advances 6 weeks for persons born in India and 7 weeks for those born in mainland China.
The following charts tell the story in detail:
A. APPLICATION FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES–
World
China
India
Mexico
Philippines
1st
1-08-10
1-08-10
1-08-10
4-22-95
10-01-15
2A
3-22-15
3-22-15
3-22-15
3-08-15
3-22-15
2B
6-08-10
6-08-10
6-08-10
10-15-95
4-08-06
3rd
3-01-05
3-01-05
3-01-05
12-15-94
9-01-94
4th
1-22-04
11-22-03
5-15-03
5-15-97
6-08-93
B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS– These dates indicate when immigrant applicants can send adjustment of status applications without having to wait for their priority dates to become current.
World
China
India
Mexico
Philippines
1st
1-01-11
1-01-11
1-01-11
6-01-95
5-01-06
2A
11-22-15
11-22-15
11-22-15
11-22-15
11-22-15
2B
2-8-11
2-8-11
2-8-11
6-01-96
2-01-07
3rd
8-22-05
8-22-05
8-22-05
5-01-95
1-01-95
4th
7-01-04
7-01-04
5-01-04
12-01-97
4-01-94
4. Immigration Government Processing Times
We have included a link to various tables where you can access the immigration waiting times
USCIS Service Centers
National Benefits Center
EB-5 Immigrant Investor Program Office
USCIS’ 83 Field Offices
Search the Field Offices for the USCIS’ 83 District Offices and Sub-offices to look up the processing times for (1) Applications for Adjustment of Status (I-485) (2) Work Authorization (I-765); (3) Advance Parole (I-131); (4) Naturalization (N-400) and other types of applications. To access your immigration waiting time, what you need to know are:
The office where your petition has been filed or transferred to
The type of application or petition
The date on which the petition was filed
This information can all be found on the Notice of Receipt that was mailed to you by the USCIS. To begin, simply click on the Field Office or Service Center that interests you and click “Submit Query” and you will be directed to the current USCIS processing time table.
If your petition/application is on appeal, you can access the processing times of the Administrative Appeals Office (AAO).
If your PERM case or other type of application is pending at the DOL, we link to the Department of Labor Processing Times.
If you are applying for a visa abroad, we link to Visa Appointment and Processing Times at 100+ US Embassies and Consulates around the world.
If you have requested a copy of your file from the USCIS, you can check the status of your Freedom of Information Act (FOIA) request.
If you are applying for affirmative asylum you can check how the Asylum Division has prioritized applications for interview scheduling.
Warning: Immigration waiting times may appear faster on the official lists than they are in reality.
5. Success Story: A EB-1 Green Card for an Extraordinary Post-Doc
Recently, a couple retained our law firm to help them with two different issues. The wife was a physician who needed a J waiver. The husband had a Ph.D. in Physics and was working as a J-1 post-doctoral researcher.
We were able to help the wife get a J waiver through the Conrad 30 program and change her status to H-1B. Under the rules of the program, she must work for 3 years in a medically-underserved area before she can qualify for a green card.
The husband was not subject to the 2-year home residency requirement. His J-1 was expiring and he wanted to be able to continue his research in the area of astrophysics.
H-4 status was not a good alternative for him since he would not be able to apply for an EAD until his wife became the beneficiary of an approved I-140. He did not have an employer to sponsor him for an O-1 status.
We spoke with him extensively about his research and educational background in Astrophysics (having been awarded Bachelor’s, Master’s and Ph.D. degrees in Physics), and found that his expertise was clearly evident. He had discovered the existence of a unique, metal-rich, Extremely Low Mass (ELM) White Dwarf binary star cluster while conducting experimental research on the issue of metals found on the surface of White Dwarfs. Research in this area had not previously been conducted even as metals provide important clues regarding the evolution of White Dwarfs and their surrounding environment, including the presence of circumstellar disks of dust and gas and potentially even planetary bodies within our universe. His career was propelled to new heights as his continued research led to the discovery of new White Dwarf binary star clusters, and sparked the development of an entire subfield of Astrophysics focused on the search for debris disks around White Dwarfs.
We concluded that his research in the field of Astrophysics was indeed extraordinary, and recommended that he self-petition as a Person of Extraordinary Ability (EB1-A) and, simultaneously, apply for adjustment of status as well as an EAD work permit and an Advance Parole travel document.
Self-Petitioning for a green card as a Person of Extraordinary Ability is challenging to say the least. To qualify, a person must fulfill at least 3 of 10 difficult criteria. Even then, the I-140 visa petition will only be approved if USCIS believes that the person is one of the “small percentage” of people who have “risen to the very top of the field of endeavor.”
He also wanted to attend his brother’s wedding abroad, but we advised him not to travel on a J visa since his intent was clearly to become a permanent resident of the US. The question became whether we could obtain an EAD and an AP on time?
We decided that the best strategy was to request premium processing for his I-140 and to file his I-485 packet concurrently. Although, USCIS frequently requests additional evidence in premium processing cases, we were delighted when they approved his I-140 just 15 days after we submitted his self-petition.
Then, while the I-485 packet was pending, he was invited to present his research findings at an international conference in Switzerland sponsored by NASA and the European Space Administration in September 2016. We prepared a request to USCIS to expedite his EAD/AP based on extenuating circumstances. Both were approved within 2 weeks, well in advance of the conference.
Our client was excited to receive his Advance Parole which would allow him to attend the conference and his brother’s wedding. And then the unexpected happened…
Shortly before the conference, and just 2 months after we had submitted his I-140 and I-485 packet, we were notified that his application for adjustment of status had been approved!
He was able to attend both the conference and his brother’s wedding as a permanent resident of the United States.
6. Immigration Trivia Quiz: Famous Immigrants in Business
This month’s Immigration Trivia Quiz is entitled:
Famous Immigrants in Business
The first person to correctly answer our quiz (and supply their biographical information) wins a free legal consultation with one of our attorneys before the end of January.
7. Ask Mr. Shusterman: Senators Introduce Bill to Protect Dreamers
On December 9, a bipartisan group of Senators introduced the Bridge Act which would protect 740,000 DACA recipients from deportation and allow them to continue working and studying in the United States for the next 3 years.
Like DACA, the bill does not provide a path to green cards for Dreamers. Instead, the bill would grant them “provisional protected presence” in the US. They would be allowed to remain in the US, renew their EAD work permits and, in some circumstances, qualify for Advance Parole international travel permits.
Since President-Elect Trump has vowed to repeal President Obama’s executive orders, the bill, if enacted, would protect Dreamers from deportation for another 3 years unless they commit a deportable offense.
The bill would also tighten the confidentiality provisions in the law. DACA requires applicants to reveal their addresses and other personal information. The bill would prohibit the government from using this information to try to deport DACA recipients or their parents.
Although the bill is sponsored by a bipartisan group of Democratic and Republican Senators, it is unclear whether it has enough support to pass in the Republican-controlled Senate and the House of Representatives.
However, the bill’s introduction is expected to put pressure on President-Elect Trump to work out a solution to the immigration status of the Dreamers.
Trump has been equivocal about how he intends to treat the Dreamers.
On one hand, he has pledged to repeal DACA. However, in a recent interview with Time magazine, he stated:
“We’re going to work something out that’s going to make people happy and proud. But that’s a very tough situation. They got brought here at a very young age, they’ve worked here, they’ve gone to school here. Some were good students. Some have wonderful jobs. And they’re in never-never land because they don’t know what’s going to happen.”
Stay tuned.
8. Shusterman’s Upcoming Immigration Seminars
Webinar: Trump Immigration Changes
California State Bar
January 11, 2017
Time: 12pm
HHRMAC Seminar
Enloe Conference Center
Chico, CA
January 20, 2017
Time: 10am
Legal Ethics in Practice Seminar
UCLA School of Law
Los Angeles, CA
January 26, 2017
Time: 6pm
Visas 101: The Process, Procedures and Law
Doubletree Hotel Downtown
Los Angeles, CA
February 16th, 2017
Time: 3:45-5:30pm
9. Jobs & Green Cards for RNs & MedTechs
Free Legal Help!
Are you a Registered Nurse or a Medical Technologist who is looking for a job in the US?
What if you could find a job, a work visa and green cards for you and your family in the US? And what if the cost to you for all of this was zero?
Hard to believe? Let me explain:
Our law firm represents over 100 hospitals across the country. And the nurse shortage is coming back.
Our hospitals are in need of hundreds of RNs as well as Medical Technologists and other healthcare professionals. They are looking for both US and foreign-born RNs, and they will pay all of our attorneys’ fees, USCIS filing fees and more!
We have a video and a web page for those who are interested in applying for employment and sponsorship.
If you are a foreign nurse or a medical technologist and need a job in the US and the job requires a work visa and/or green card, please do the following:
Send an e-mail message to egarcia@shusterman.com
In your message, please provide the following information:
1. Have you passed the NCLEX exam?
2. Do you have a current RN license in the US? If so, from what state(s)?
3. Have you taken and passed the IELTS or TOEFL exam?
4. Do you have a valid VisaScreen certificate?
5. Do you have any immediate family members accompanying you to the United States (spouse and children)?
6. Have you ever been petitioned by any US sponsor and hold an old priority date? If so, what is your priority date?
7. If you are present in the US, what is your current immigration status?
8. What is your RN background (area of expertise)?
9. What is your country of birth?
10. What is your country of citizenship?
11. What is your phone number?
If you are a CLS, please amend the above questions accordingly.
We will forward your response to our hospitals, and if they are interested, they will contact you. Please do not contact our law firm until after you hear from one of our hospitals.
We look forward to helping you!
10. Winner for December 2016 Immigration Trivia Quiz!
December’s Immigration Trivia Quiz was entitled: Famous Immigrants Who Became Secretary of State.
Here is the message we received from our winner, Leonid:
“First one is Henry Kissinger born in Bavaria, Germany, served under Nixon and Ford The second one is Madeleine Albright, born in Czechoslovakia, served under Clinton The third one is Christian Herter, born in Paris, served under Eisenhower.
I came to the US from Russia some twenty years ago for grad school and now live in New Jersey with my wife and two kids and work in New York in financial industry.
I used Wikipedia to find the last person, the first two I have actually met in person. I’ve been reading the newsletter for over 10 years but now that I am a US citizen i just read it out of interest.”
Leonid
Congratulations, Leonid! And thank you for keeping up with our newsletter!
Carl Shusterman
Certified Specialist in Immigration Law, State Bar of California
Immigration and Naturalization Service (INS) Attorney (1976-82)
Member of AILA Board of Governors (1988-97)
Law Offices of Carl Shusterman, 600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
Phone: (213) 623-4592 x0, Fax: (213) 623-3720
“Fifty years ago…America shed a system of racially biased immigration limits for individual countries. Although it was a great step forward, Congress then replaced that discriminatory system with per-country immigration limits that were — and still are — arbitrary and economically damaging.”
– David Bier
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The post Shusterman’s Immigration Update
January 2017 appeared first on Shusterman Law.