2018 IMMIGRATION CONFERENCE

Transcription

1 2018 IMMIGRATION CONFERENCE Moderator/Speaker Neil S. Dornbaum, Esq. Dornbaum & Peregoy LLC (Newark) Speakers Nathalie Asher Jon Baselice Karl Baumle, Esq. Patricia Berry Carmine Borges Andreas Charalambous Jose Correa Paulo Correia Ellen Eiseman, Esq. Michael Firing Tamika Gray Karen Grisez David Grunblatt, Esq. Bradley Jenkins, Esq. Julie Kirchner Lawrence K. LeRoy, Esq. Scott Malyk, Esq. Brian M. McClintock Elissa McGovern, Esq. Cyrus Mehta, Esq. Maria Odom, Esq. Rubin Perez Charles Pitt Jessica Pomales Susan Raufer John Tsoukaris Gerard Yapaola S

2 2018 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to NJICLE, a Division of the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey

3 Table of Contents Page Foreword Neil S. Dornbaum, Esq. 1 Panel I - USCIS: NJ Field Office/ NJ Asylum Office 5 Newark District Office Point of Contact Directory 7 USCIS Processing Time Information for the Newark NJ Field Office (New Charts) 8 USCIS Processing Time Information for the Mount Laurel NJ Field Office (New Charts) 12 USCIS Processing Time Information for the Newark NJ Field Office (Former Chart) 15 USCIS Processing Time Information for the Mount Laurel NJ Field Office (Former Chart) 23 USCIS Service and Office Locator 36 Obtaining Asylum in the United States 41 Asylum Eligibility and Applications FAQ 44 Types of Asylum Decisions 52 Preparing for your Asylum Interview 55 Affirmative Asylum Interview Scheduling 60 Alert Affirmative Asylum Interview Scheduling 61 The ABT Settlement Agreement 63 Employment Authorization Asylum Clock Contacts 65 Temporary Protected Status 66 Victims of Human Trafficking & Other Crimes 70 Female Genital Mutilation or Cutting 72 Forced Marriage 74 Battered Spouse, Children & Parents 77 CONCELY del CARMEN MENDEZ ROJAS, et al. v. JEH JOHNSON 80

4 CONCELY del CARMEN MENDEZ ROJAS, et al. v. JEH JOHNSON Order Granting Motion for Summary Judgement 94 Panel II - U.S. Immigration and Customs Enforcement 113 ICE Who We Are 115 Fiscal Year 2017 ICE Enforcement and Removal Operations Report 117 Memo Enforcement of the Immigration Laws to Serve the National Interest; February 2, Alien Incarceration Report Fiscal Year 2017, Quarter Enforcement and Removal Operations FAQ on Sensitive Locations and Courthouse Arrests 147 Online Detainee Locator System 151 ICE ERO Detention Reporting and Information Line 152 Immigration Enforcement Actions: Panel III - DHS/DOS/DOL 165 Ombudsman Annual Report to Congress 2017 [see download material 1 ] Matter of S-P, Inc., Adopted Decision Matter of S-P-, Inc. clarifies that a beneficiary who worked abroad for a qualifying multinational organization for at least one year, but left its employ for a period of more than two years after being admitted to the United States as a nonimmigrant, does not satisfy the one-in-three foreign employment requirement for immigrant classification as a multinational manager or executive. To cure the interruption in employment, such a beneficiary would need an additional year of qualifying employment abroad before he or she could once again qualify. Contacts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites 172 This policy memorandum (PM) establishes U.S. Citizenship and Immigration Services (USCIS) policy relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites. Signatures on Paper Applications, Petitions, Requests, and other Documents Filed with U.S. Citizenship and Immigration Services 179 This policy memorandum (PM) finalizes the interim memorandum 1 For additional supplementary material and a complimentary copy of the PDF E-Book version of this Reference manual, please visit NJICLE.com and click on Your Portfolio.

5 under the same title issued by U.S. Citizenship and Immigration Services (USCIS) on June 7, It provides the current USCIS policy regarding the signature requirement for applications, petitions, requests, and other documents that require a signature prior to filing with USCIS. L-1 Qualifying Relationships and Proxy Votes 186 This policy memorandum (PM) clarifies the 1982 precedent decision, Matter of Hughes, by instructing officers that proxy votes must be irrevocable from the time of filing the L-1 petition through adjudication to establish a qualifying relationship. The petitioner must file an amended petition if any changes of ownership and control of the organization occur after USCIS adjudicates the petition. TN Nonimmigrant Economists Are Defined by Qualifying Business Activity 191 This policy memorandum (PM) clarifies that for an applicant to qualify for TN status based on work in the profession of economist, the applicant must engage in activities consistent with the profession of economist. Matter of V-S-G- Inc., Adopted Decision Matter of V-S-G- Inc. clarifies that beneficiaries of valid employmentbased immigrant visa petitions who are eligible to change jobs or employers ( port ) and who have properly requested to do so under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. 1154(j), are affected parties under DHS regulations for purposes of revocation proceedings of their visa petitions and must be afforded an opportunity to participate in those proceedings. Guidance on Notice to, and Standing for, AC21 Beneficiaries about I-140 Approvals Being Revoked After Matter of V-S-G- Inc. 209 This Policy Memorandum (PM) adopts and provides guidance on the implementation of the Administrative Appeals Office s (AAO) adopted decision in Matter of V-S-G- Inc., Adopted Decision (AAO Nov. 11, 2017). Matter of G- Inc., Adopted Decision Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed in a managerial capacity as a functional manager, the petitioner must demonstrate that: (1) the function is a clearly defined activity; (2) the function is essential, i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and (5) the beneficiary will exercise discretion over the function s day-to-day operations.

6 Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status 226 This policy memorandum (PM) supersedes and rescinds the April 23, 2004 memorandum titled The significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity and section VII of the August 17, 2015 policy memorandum titled L-1B Adjudications Policy. Definition of Affiliate or Subsidiary for Purposes of Determining the H-1B ACWIA Fee PM The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) establishes a fee that certain petitioners must pay when filing an H-1B petition with U.S. Citizenship and Immigration Services (USCIS) Matter of A-T- Inc, Adopted Decision (AAO May 23, 2017) (PDF, 111 KB) 235 Matter of A-T- Inc clarifies that, in order to qualify for an H-1B numerical cap exemption based upon a master s or higher degree, the conferring institution must have qualified as a United States institution of higher education at the time the beneficiary s degree was earned. Matter of O-A-, Inc., Adopted Decision (AAO Apr. 17, 2017) (PDF, 95 KB) 241 This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of O-A-, Inc. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all U.S. Citizenship and Immigration Services (USCIS) employees. USCIS personnel are directed to follow the reasoning in this decision in similar cases. Matter of I- Corp., Adopted Decision (AAO Apr. 12, 2017) (PDF, 114 KB) 247 Matter of I- Corp. clarifies that USCIS cannot approve a visa petition that is based on an illegal or otherwise invalid employment agreement. To prevent a potential conflict with the Fair Labor Standards Act, USCIS must ensure that a beneficiary will not be paid a wage that is less than the minimum required wage under state or Federal law, whichever is higher, before approving an employment-based visa petition. Rescission of the December 22, 2000: Guidance memo on H1B computer related positions 252 This policy memorandum (PM) supersedes and rescinds the December 22, 2000 memorandum titled Guidance memo on H1B computer related positions issued to Nebraska Service Center (NSC) employees by Terry Way

7 The Role and Use of Interpreters in Domestic Field Office Interviews 256 To advance consistent standards for interpretation in interviews conducted by U.S. Citizenship and Immigration Services (USCIS), this Policy Memorandum (PM) provides guidance regarding the role and use of interpreters in certain interviews conducted in USCIS domestic field offices in the absence of agency-provided interpretation Consular Affairs Infographic 278 U.S. Visas Contacts 279 Visa Denials 282 Ineligibilities and Waivers: Laws 290 April Visa Bulletin 313 Panel IV Luncheon 323 Time for Commonsense Immigration Reform 325 How America s Immigration System Failed and Why We Need to Fix It 328 Panel V U.S. Customs and Border Protection 339 CBP Border Security Report FY Frequently Asked Questions U.S. Customs and Border Protection, Receipt of Passenger Name Record (PNR) Data 349 Trusted Traveler Programs Comparison Chart 355 Electronic System for Travel Authorization Fact Sheet 357 Frequently Asked Questions about the Visa Waiver Program (VWP) and the Electronic System for Travel Authorization (ESTA) 359 CBP Search Authority 378 Advisories and Wait Times 381 Airport Wait Times 382 Contact U.S. Customs and Border Protection 383

8 Panel VI - Representation of At Risk Persons Out of Status 385 KIND FAQ 387 Targeting Families 390 Know Your Rights Information on ICE Raids for Parents/Community/ Attorneys 410 Resources to Prepare for Raids and Other Immigration Enforcement Actions 417 Support Bipartisan Legislation to Improve Border Security by Addressing Root Causes of Migration 420 No Child Should Appear in Immigration Court Alone 423 Responding to Changes in Immigration Policy 425 Know your Immigration Options and Risks 443 About the Panelists 445