Collection of Social Media Identifiers from U.S. Visa Applicants
On May 31, 2019, the Department of State updated its immigrant and nonimmigrant visa application forms to request additional information, including social media identifiers, from most U.S. visa applicants worldwide. This update is a result of the President’s March 6, 2017, Memorandum on Implementing Heightened Screening and Vetting of Applications for Visas and other Immigration Benefits and Section 5 of Executive Order 13780 regarding implementing uniform screening and vetting standards for visa applications.
Under this State Department policy, almost all visa applicants to the United States will now be required to submit the social media usernames, email addresses and phone numbers they’ve used in the past five years. Previously, only a select number of visa applicants who’d been singled out for additional scrutiny had been required to submit their social media, email and phone number histories. Under the new policy, however, only applicants for certain diplomatic and official visa types will be exempted from this requirement. Almost 15 million visa applicants are expected to be impacted by the policy change.
Since visa programs often work in a reciprocal manner between countries, it may not be long before other countries follow the lead of the U.S. and begin requiring visa applicants, including U.S. citizens, to provide similar information on their visa applications.
Department of Labor Foreign Labor Application Gateway (FLAG) System
On June 4, 2019, the Office of Foreign Labor Certification (OFLC) announced that beginning Monday, June 10, OFLC will accept online submissions of the Application for Prevailing Wage Determination (Form ETA-9141) in the FLAG System covering all visa programs.
As part of the Department's technology modernization initiative, the FLAG System is being developed to improve customer service and modernize the administration of foreign labor certification programs through the Employment and Training Administration's OFLC. Technology is a key enabler for OFLC to deliver the highest quality customer service, and implementing the FLAG System will ensure our technology capabilities are modern, secure and resilient. According to the FLAG website, DOL anticipates between July - September 2019 to roll out H-1B, H-1B1, and E-3 Labor Condition Applications (LCA) using the new FLAG system.
FLAG System Implementation: Form ETA-9141
Beginning Monday, June 10, 2019, OFLC will accept online submissions of the Application for Prevailing Wage Determination (Form ETA-9141) in the FLAG System covering all visa programs.
Beginning June 10, 2019, the capability to submit the Form ETA-9141 using the iCERT System will be deactivated. OFLC will continue to accept online submissions of the Form ETA-9141 through the iCERT System until 11:59 p.m. Eastern Time, Sunday, June 9, 2019.
IMPORTANT REMINDER: OFLC’s National Prevailing Wage Center (NPWC) will process all Form ETA-9141s submitted through the iCERT System before 12:00 a.m. (Eastern Time), Monday, June 10, and stakeholders will still be able to access their iCERT System accounts to check the status of their applications and obtain prevailing wage determinations.
L-1 Applications for Canadians at Ports of Entry
The North American Free Trade Agreement (NAFTA) permits qualifying Canadian citizen employees of multinational companies to apply for admission to the United States in L-1 intracompany transferee status without first obtaining USCIS approval. Until recently, U.S. Customs and Border Protection (CBP) would review all such applications made directly at U.S. ports of entry, making no distinction between an initial application and subsequent renewal applications made by the same Canadian employee.
In a recent policy change, CBP headquarters has confirmed that it will now only review the initial application made by that Canadian employee. Subsequent applications must now be filed with U.S. Citizenship and Immigration Services (USCIS), and only upon USCIS approval may the individual apply for admission to the United States. With one exception Canadian employees who are considered “intermittent” or “commuter” L-1 intracompany transferees may process initial or subsequent applications directly at a port of entry.
Since the 2nd week of May 2019, the American Immigration Lawyers Association (AILA) has received reports of inconsistent handling of commuter/intermittent L-1s at ports of entry. Please feel free to contact the attorneys of Iandoli, Desai & Cronin if you have any questions or concerns about the quickly changing landscape for L-1 entries for Canadians.
USCIS Accelerates Transition to Digital Immigration Processing
U.S. Citizenship and Immigration Services (USCIS) announced at the end of May a new strategy known as eProcessing to accelerate USCIS’ transition to a digital business model. eProcessing will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.
USCIS will create official digital immigration records through this fully modernized process of applying for immigration benefits. According to the agency’s press release, USCIS states, “From application to decision, eProcessing will give USCIS officials faster access to applicant data.” USCIS further assures applicants they will encounter a more responsive and effective USCIS.
As a first step, USCIS will permit certain visitors for business, visitors for pleasure, and vocational students to apply online to extend their stay in the United States, with additional classifications forthcoming. We note these online applications apply only to those filing as a single applicant without legal representation. Whenever submitting an application to USCIS, it is always advisable to consult with an immigration attorney regarding eligibility. Please feel free to contact the attorneys of Iandoli, Desai & Cronin if you need to schedule a consultation.
Presidential Memorandum on Asylum
On April 29, 2019, President Trump issued a memorandum ordering changes to the U.S. asylum policies. The memo orders the Attorney General and the Secretary of Homeland Security to propose regulations within 90 days that would dramatically alter how asylum seekers obtain protection.
Among the changes, the proposed regulations would:
Require asylum seekers to pay a fee just to apply for protection. The regulations would also require applicants to pay a fee to apply for work authorization for the first time. Right now, asylum applicants – who must wait 180 days before qualifying for work authorization – can apply for their initial period of work authorization without paying a fee but are required to pay for subsequent renewals.
Place people who have shown a credible or reasonable fear of being persecuted or tortured into limited removal proceedings that would restrict the judges’ ability to consider any forms of relief aside from asylum or withholding of removal.
Prohibit anyone who has entered or attempted to enter the U.S. unlawfully from qualifying for work authorization until their asylum applications are approved.
Give immigration courts a 180-day limit to adjudicate asylum claims “absent exceptional circumstances.” The White House memo fails to address the 800,000 case immigration court backlog that causes years-long delays to asylum cases and will make it impossible for the government to meet this deadline.
This proposed change would be the first time in U.S. history that asylum seekers would have to pay to apply for asylum. People fleeing violence and persecution are among the most vulnerable in the world, and often leave their homes with little more than the clothes on their backs. Forcing them to pay a fee, even if nominal, would be an insurmountable challenge to many asylum seekers, leaving unable to access protections that they are entitled to under both international and domestic law.
Putting asylum seekers into special, limited proceedings means that the Administration is blocking people – including people who have been victims of crimes or trafficking, or the children that have been abused, abandoned, or neglected – from applying for relief that Congress has made available to individuals in these vulnerable situations.
USCIS issues Policy Alert on Controlled Substances
USCIS issued policy guidance in the USCIS Policy Manual to clarify that violations of federal controlled substance law, including violations involving marijuana, are generally a bar to establishing good moral character for naturalization, even where that conduct would not be an offense under state law. The policy guidance also clarifies that an applicant who is involved in certain marijuana-related activities may lack good moral character if found to have violated federal law, even if such activity has been decriminalized under applicable state laws.
Since 1996, some states and the District of Columbia have enacted laws to decriminalize the manufacture, possession, distribution, and use of both medical and non-medical (recreational) marijuana in their respective jurisdictions. However, federal law classifies marijuana as a “Schedule I” controlled substance whose manufacture (which includes production, such as planting, cultivation, growing, or harvesting), distribution, dispensing, or possession may lead to immigration consequences.
Social Security Mismatch Letters
According to recent reports, the Social Security Administration (SSA) is carrying through on its recent announcement to send Employer Correction Request Notices (EDCOR) to employers who file one or more 2018 W-2 forms that contain a name and social security number mismatch. The SSA letters may cause confusion to employers related to potential illegal employment and anti-discrimination issues under the Immigration & Nationality Act. For example, the SSA notice states that a mismatch is not an indication of an employee’s immigration status and the employer should not take actions such as requesting certain documentation of the employee with a mismatch. SSA advises the employer to utilize its Business Services Online tools to view and correct name and SSN errors: https://www.ssa.gov/employer/notices.html
If you are concerned because your business has received a SSA mismatch letter, or, if you are interested in a review of your I-9 procedures and wish to conduct a self-audit, please contact attorneys at ID&C.
Immigrants’ Taxes Help Save Social Security System
The American Immigration Council has reported that immigrants’ taxes are helping to save the US social security system. As older workers enter retirement and draw upon Social Security, the continued tax payments of younger workers keep the system solvent and ensure that it will still be there when they, too, reach retirement age.
In this system, the taxes paid by all workers—immigrant and native-born alike—are critical. As taxpayers, immigrants—including those who are unauthorized—add billions of dollars to the nation’s retirement system each year.
L-1 Pilot Program for Canadians Extended
USCIS and U.S. Customs and Border Protection (CBP) are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30, 2020. Last year, the USCIS California Service Center and the CBP Blaine, Washington, port of entry (POE) announced this pilot program, which was scheduled to run from April 30, 2018, through Oct. 31, 2018, and was later extended for six months.
This pilot program allows, but does not require, Canadian citizens to request that USCIS remotely adjudicate their employer’s petition prior to their arrival or when they arrive at the Blaine POE. Over the next year, USCIS and CBP will continue to work together to determine the efficiency of the program, identify shortcomings, and look for ways to improve it.
New E-2 Visa Eligibility for Israel
On April 22, USCIS announced that beginning this May 2019, the E-2 Treaty Investor Visa may be available to Israeli citizens wishing to make a substantial investment in or set up a business in the United States. The E-2 investor visa is a non-immigrant temporary visa that allows foreign nationals from participating countries to invest in the creation of a new business, or in an existing business.
If you have questions about E-2 eligibility please feel free to reach out and schedule a consultation with one of the attorneys (info@iandoli.com).