E-Verify Update: Direct Employee Notification

Providing an email address when filling out Form I-9 is optional. However, employees who do so, can benefit from this latest E-Verify update.

"Currently, if there is a record mismatch that needs to be resolved before the employee can be confirmed as work authorized, a Tentative Nonconfirmation (TNC) is issued to the employer, who must then contact the affected employee. Now, with this new enhancement, if an employee voluntarily provides his or her email address on the Form I-9, E-Verify will notify the employee of a TNC at the same time it notifies the employer."

"In addition to providing the initial notice of a TNC, E-Verify will send reminder emails to employees if no action to resolve the TNC has occurred within four days of a decision to contest and to notify them about the possible need to update a Social Security or Department of Homeland Security record."

#immigrationupdates #immigrationcompliance 

USCIS – USCIS Enhances E-Verify’s Capability to Directly Notify Employees of an Information Mismatch
USCIS Enhances E-Verify’s Capability to Directly Notify Employees of an Information Mismatch. USCIS is announcing its latest customer service enhancement to E-Verify that will allow direct notification to employees. Currently, if there is a record mismatch that needs to be resolved before the …

Posted in Updates Tagged with: ,

USCIS Updates Naturalization Certificates

The U.S. Citizenship and Immigration Services (USCIS) begins issuing redesigned naturalization certificates, which feature enhanced security features.

"The replacement certificates incorporate state-of-the-art technology to help deter counterfeiting, prevent tampering, and facilitate quick and accurate authentication. Additionally, USCIS employs a new and more secure printing process for the certificates to further prevent tampering."

#immigrationupdates  

USCIS – USCIS Redesigns Replacement Citizenship and Naturalization Certificates
USCIS Redesigns Replacement Citizenship and Naturalization Certificates. July 1, 2013. WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today began issuing redesigned certificates for citizenship and naturalization for individuals who request replacement certificates (Form N-561, …

Posted in Updates Tagged with:

U.S. Supreme Court Decision on Defense of Marriage Act (DOMA)

USCIS Director Alejandro Mayorkas announced at the annual American Immigration Lawyers Association conference in San Francisco that USCIS will start implementing the Supreme Court decision.

Originally shared by +Loke Walsh Immigration Law

Supreme Court Decision Striking Down DOMA Creates a Green Card Path for Same-Sex Foreign National Spouses

In a historic decision today, the Supreme Court overturned the federal Defense of Marriage Act (DOMA), which denied federal benefits to lawfully wedded same-sex couples. The court declined to rule on the merits of California’s Proposition 8 ban on gay marriage, but it effectively means that the federal district court’s ruling striking down Prop 8 stands, which could clear the way for same-sex marriage to resume in California. Collectively, the rulings represent a historic advance for gay marriage rights.

More importantly, today’s landmark Supreme Court decision is incredibly promising from an immigration perspective as it will allow a U.S. citizen to sponsor a same-sex foreign national spouse for a green card. However, it is unclear when USCIS will begin processing immigration applications for same-sex couples. Certain administrative changes must be made before USCIS can accept applications from same-sex foreign national spouses. Until then, Loke Walsh Immigration Law recommends waiting until USCIS makes an announcement concerning the application process. Filing prematurely or seeking out the wrong help may delay or harm your chances of approval.

Stay tuned for further developments.

UPDATE 1:

DHS Sec. Janet Napolitano issued a statement following the Supreme Court ruling:

"..Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws."

UPDATE 2:

USCIS Director Alejandro Mayorkas also announced at the annual American Immigration Lawyers Association conference in San Francisco that USCIS will start implementing the Supreme Court decision.

#immigrationupdates #DOMA

 


 

Posted in Updates Tagged with: ,

SC Decision Striking Down DOMA Creates a Green Card Path for Bi-National Same-Sex Spouses

In a historic decision today, the Supreme Court overturned the federal Defense of Marriage Act (DOMA), which denied federal benefits to lawfully wedded same-sex couples. The court declined to rule on the merits of California’s Proposition 8 ban on gay marriage, but it effectively means that the federal district court’s ruling striking down Prop 8  stands, which could clear the way for same-sex marriage to resume in California. Collectively, the rulings represent a historic advance for gay marriage rights. 

More importantly, today’s landmark Supreme Court decision is incredibly promising from an immigration perspective as it will allow a U.S. citizen to sponsor a same-sex foreign national spouse for a green card. However, it is unclear when USCIS will begin processing immigration applications for same-sex couples. Certain administrative changes must be made before USCIS can accept applications from same-sex foreign national spouses. Until then, Loke Walsh Immigration Law recommends waiting until USCIS makes an announcement concerning the application process. Filing prematurely or seeking out the wrong help may delay or harm your chances of approval.

Stay tuned for further developments.

UPDATE 1: 

DHS Sec. Janet Napolitano issued a statement following the Supreme Court ruling:

"..Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws."

UPDATE 2:

USCIS Director Alejandro Mayorkas also announced at the annual American Immigration Lawyers Association conference in San Francisco that USCIS will start implementing the Supreme Court decision.

#immigrationupdates   #DOMA  

Embedded Link

lokewalsh.com/govfiles/U.S.%20Supreme%20Court%20Rules%20DOMA%20Unconstitutional%20-%20Violates%205th%20Amendment.pdf

Posted in Updates Tagged with: ,

July 2013 Visa Bulletin Is Out

 • EB-3 cut-off dates advance across the board — ranging from 1 week to 4 months (including CHINA – mainland born).

 • EB-2 for mainland China also moved forward by 3 weeks, while still no movement for EB-2 India — stuck at September 1, 2004. However, potential movement may come in the next coming months. Please see excerpts below from the State Department's website:

VISA AVAILABILITY IN THE COMING MONTHS (August – October)

EMPLOYMENT-based categories (potential monthly movement)

Employment First: Current

Employment Second:

 • Worldwide: Current

 • China: Up to two months

 • India: At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category.  A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014.

Employment Third:

 • Worldwide: No additional movement. This cut-off date has advanced 18 months during the past three months. Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained.

 • China: No additional movement

 • India: Up to three weeks

 • Mexico: No additional movement

 • Philippines: Up to two weeks

Employment Fourth: Current

Employment Fifth: Current

The above projections for the Family and Employment categories are for what is likely to happen during each of the next few months based on current applicant demand patterns.  Readers should never assume that recent trends in cut-off date movements are guaranteed for the future, or that “corrective” action will not be required at some point in an effort to maintain number use within the applicable annual limits.  The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables.  Unless indicated, those categories with a “Current” projection will remain so for the foreseeable future.

#immigrationupdates  

Visa Bulletin For July 2013
View as Printer Friendly PDF. A. STATUTORY NUMBERS. 1. This bulletin summarizes the availability of immigrant numbers during July. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and …

Posted in Updates Tagged with:

Possible Visa Services Interruption Due To Protests Throughout Turkey

The U.S. Embassy in Ankara, Turkey warns resident U.S. Citizens to take necessary precautions and be alert for potential violence due to ongoing public demonstrations throughout the country.

The Embassy also announced that visa services for non-U.S. citizens may be disrupted with little to no notice in the coming days. Further updates will be posted on the Embassy's website.

#immigrationupdates   #travelupdates  

Embedded Link

Emergency Message For U.S. Citizens | Embassy of the United States Ankara, Turkey
Protests Throughout Turkey. June 3, 2013. The U.S. Embassy informs U.S. citizens that public demonstrations are taking place throughout Turkey at varying times and with little notice. Violent altercations have occurred in Ankara, Istanbul, Izmir, Adana, Mersin, and elsewhere.

Posted in Updates Tagged with: ,

May 2013 OSC Newsletter

The May 2013 issue of the Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices newsletter is now available.

Inside this Issue:

• OSC's Recent Enforcement Activities
• OSC Partnerships with Fair Employment Practices Agencies
• New FORM I-9
• OSC's Recently Released Educational Video
• How Can You Work With OSC
• OSC Webinar Schedule

(Note: The HTML title appears to be outdated)

#immigrationupdates  

OSC Newsletter – First Quarter 2011
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates and prosecutes allegations of national origin and citizenship status discrimination in hiring, firing, and recruitment or referral for a fee, as well as unfair documentary practices during the …

Posted in Updates Tagged with:

June 2013 Visa Bulletin Is Out

 • EB-3 cut-off dates advance across the board — ranging from 1 week to 9 months (including CHINA – mainland born).

 • EB-2 for mainland China also moved forward by 2 months, while still no movement for EB-2 India — stuck at September 1, 2004.

"The Employment-based Third preference category cut-off date for most countries has advanced significantly for a second month in a row.  This recent movement of the dates is not indicative of what can be expected in the future.   Rapid forward movement of cut-off dates is often followed by a dramatic increase in demand for numbers within three to six months.  Once such demand begins to materialize the cut-off date movement will begin to slow, or even stop for a period of time."

#immigrationupdates  

Visa Bulletin For June 2013
View as Printer Friendly PDF. A. STATUTORY NUMBERS. 1. This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and …

Posted in Updates Tagged with:

U.S. Embassy in Libya Temporarily Suspends Immigrant Visa Services

"Important Notice:  Please be advised that Embassy Tripoli's Immigrant Visa services have been temporarily suspended.  Please monitor our website for information on resumption of service.  All Immigrant Visa services for Libyans resident in Libya are currently being processed by the U.S. Consulate in Casablanca, Morocco.  Please visit their website for information on applying for an Immigrant Visa."

The State Department also issued a press release warning U.S. citizens of the risks of traveling to Libya and strongly advises against all but essential travel to Tripoli and all travel to Benghazi, Bani Walid, and southern Libya, including border areas and the regions of Sabha and Kufra. (More: http://travel.state.gov/travel/cis_pa_tw/tw/tw_5853.html)

#travelupdates   #immigrationupdates  

Visas | Embassy of the United States Tripoli, Libya
Home · About Us · About the Embassy · Employment Opportunities · Visas · Nonimmigrant Visas · Immigrant Visas · Travel & Tourism in the U.S. · U.S. Citizen Services · Emergency Contact · Information for Travelers · Passports · Public Services · Birth Abroad · Legal Information …

Posted in Updates Tagged with: ,

USCIS Reminds Employers To Use Revised Form I-9

"The revision date of the new Form I-9 is printed on the lower left corner of the form. Employers should not complete a new Form I-9 for existing employees, however, if a properly completed Form I-9 is already on file."

#immigrationupdates  

USCIS – Employers Must Use Revised Form I-9, Employment Eligibility Verification
Employers Must Use Revised Form I-9, Employment Eligibility Verification. Released May 7, 2013. USCIS will no longer accept previous versions of Form I-9. WASHINGTON—U.S. Citizenship and Immigration S…

Posted in Updates Tagged with: