USCIS Reissues Employment Authorization renewal receipt notices with correction
On May 04, 2022, USCIS increased the automatic extension period of employment authorization and documentation for certain renewal applicants. This rule temporarily amends existing regulations and increases the period extension from 180 days to up to 540 days from the expiration dates stated on their EADs. This increase will be available to eligible renewal applicants with pending Forms I-765 as of May 4, 2022, including those applicants whose employment authorization may have lapsed following the initial 120-day extension period, and any eligible applicants who files a renewal Form I-765 during the 540-day period beginning of or after May 4, 2022, and ending October 26, 2023. The Department of Homeland Security (DHS) is taking steps to help prevent renewal applicants from experiencing a lapse in employment authorization and/ or documentation while their applications remain pending, and solutions are implemented to return processing times to normal levels.
USCIS Transfers Certain H-1B Cases from the Vermont Service Center to California Service Center
On May 06, 2022, USCIS announced that certain H-1B petitions and fiscal year (FY) 2023 H-1B cap petitions awaiting intake at the Vermont Service Center (VSC) were being transferred to the California Service Center (CSC) for data entry and adjudication. The workload transfer will help issue receipt notices for properly filed H-1B petitions more quickly. USCIS has requested that petitioners not submit duplicate petitions as this will delay other workloads across the service center. If your petition is transferred, you will not receive a transfer notice, but you will receive a receipt notice as soon as your petition is receipted.
President Biden Extends and Expands Eligibility for Deferred Enforced Departure for Liberians
On June 20, 2022, President Biden issued a memorandum directing the secretary of Homeland Security to reinstate Deferred Enforced Departure (DED) for eligible Liberians and to provide for continued work authorization through June 30, 2022.
Liberians who are eligible and people without nationality who last habitually resided in Liberia are covered under DED as of January 10, 2021. They may remain in the United States through June 30, 2022, and USCIS will automatically extend employment authorization documents (EADs) with a March 30, 2022, or January 10, 2022, facial expiration date through June 30, 2022. A notice in the Federal Register has information on this automatic extension and instructions on how they can obtain new EADs if they so desire.
This will allow additional time for eligible Liberians to apply for adjustment of status on or before Dec. 20, 2022, under the extension of the Liberian Refugee Immigration Fairness (LRIF) provision. Liberians who apply may immediately apply for employment authorization consistent with the provision. Liberians who were denied LRIF are not covered under this DED extension.
USCIS Issues Policy Alert on the Effect of Returning to US During 3-or 10-Year period after departure or removal
On June 24, 2022, the U.S. Citizenship and Immigration Services (USCIS) issued a statement updating its policy guidance regarding a noncitizen who again seeks admission to the US more than 3 or 10 years after the relevant departure or removal, is not inadmissible under INA 212(a)(9)(B) even if the noncitizen returned to the United States, with or without authorization, during the statutory 3-year or 10-year period.
U.S. Citizenship and Immigration Services (USCIS) Rescinds Matter of Z-R-Z-C- and has Implications for TPS Holders Who Would Like to Adjust Their Status
On July 1, 2022, USCIS announced that it was rescinding its designation of the decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision and updates its interpretation of the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries, in accordance with the reasoning contained in this memorandum.
TPS beneficiaries whom DHS has inspected and admitted into TPS under the Miscellaneous and Technical Immigration and Naturalization Amendments Act of 1991 (MTINA), subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.
USCIS has concluded that:
USCIS will no longer use the advance parole mechanism to authorize travel for TPS beneficiaries but will instead provide a new TPS travel authorization document. This document will serve as evidence of the prior consent for travel contemplated in INA 244(f)(3) and serve as evidence that the bearer may be inspected and admitted into TPS pursuant to MTINA if all other requirements are met.
TPS beneficiaries whom DHS has inspected and admitted into TPS under MTINA, subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.
U.S. Department of Homeland Security (DHS) Resumes Cuban Family Reunification Parole (CFRP) Program and Haitian Family Reunification Parole (HFRP) Program Operations
In line with national interest, the United States have taken a series of measures to increase support for the Cuban and Haitian people. Both countries are confronting a humanitarian crisis and the U.S. is amplifying pathways that offer migrants safe and orderly alternatives to irregular migration and numerous dangers and indignities.
The policy announcement indicates that resuming the Cuban Family Reunification Program (CFRP) provides a safe, orderly pathway to the United States for certain beneficiaries and approved family-based immigrant petitions. The CFRP program allows certain eligible U.S. citizens and lawful permanent residents (LPRs) to apply for parole for their family member in Cuba. If approved for parole, they may come to the U.S. before their immigrant visa priority dates become current. The CFRP Program beneficiaries may apply for work authorization while they wait to apply for lawful permanent resident status, once in the U.S. The program is set to continue at some point this summer, beginning by contacting petitioners who have a pending CFRP application, beneficiaries must complete processing and attend an interview.
The Haitian Family Reunification Parole (HFRP) Program will resume, as announced by DHS as well. The program enables family members who are approved for parole to come to the U.S. before their immigrant visa priority dates becomes current. Once in the country, beneficiaries may apply for work authorization while they wait for lawful permanent resident status. Resumption of operations will continue this fall, beginning with mailing new invitations to petitioners who appear eligible to apply for HFRP on behalf of their family members.
U.S. Customs and Border Protection (CBP) Announces Upcoming End to Use of Expired US Passports for Return to the US
On June 30, 2022, the U.S. CBP announced the end of a policy that previously allowed U.S. Citizens to reenter the United States from abroad with an expired passport. Due to the global pandemic, there was an extensive waiting period to renew a U.S. passport from abroad, and the limited availability of appointments at U.S. embassies and consulates made it difficult for people to receive any type of assurance to return home. In response, on May of 2021, the State Department decided to temporarily allow stranded U.S. citizens to return with an expired passport, provided their passports expired on or after January 1, 2020. A CBP press release dated June 29, 2022, advises U.S. citizens to contact their nearest U.S. embassy or consulate to apply for a renewal, stating that if a U.S. citizen presents an expired passport they will be unable to board the flight.
CDC lifts requirement for travelers to have negative COVID test before flight to the US
On June 10, 2022, The Centers for Disease Control and Prevention (CDC) reversed the mandate entitled “Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery from COVID-19 for All Airline or Other Aircraft Passengers Arriving in the United States from any Foreign Country.” As of June 12, all air passengers, regardless of citizenship or vaccination status, are no longer required to show a negative viral COVID-19 test result, or documentation of recovery from COVID-19.
News at IDC!
Iandoli, Desai, & Cronin has two immediate openings for a Business Immigration Paralegal and a Practice Manager. We are dynamic eight attorney and twelve paralegal immigration law firm serving professionals, businesses, and academic institutions. Our clients are leaders in medicine, engineering, biotechnology, and academia.
Business Immigration Paralegal:
Assist attorneys in the preparation and filing of employment-based immigrant (EB-1, EB-2, and EB-3) and nonimmigrant (H-1B, O-1, E-2, E-3, L-1 and TN) petitions and supporting documentation
Assemble petitions and application packages
Communicate with individual clients, HR representatives and government agencies
Help individuals gather necessary information/documents
Use specialized Case Management software to monitor deadlines and expirations and draft petitions and applications
Draft support letters and other documents
Track client communications and government correspondence
Additional administrative duties may include answering phones, scheduling appointments, generating invoices, filing, and other ad hoc tasks.
Must have a bachelor’s degree and excellent writing, computer, interpersonal, organizational, and time management skills. Must be able to meet rigid deadlines and prioritize tasks.
NO JDs, LLBs, LLMs, or current/matriculating law students.
Please email résumé and cover letter to careers@iandoli.com
No phone calls please. Only those candidates selected for an interview will be contacted
Practice Manager:
We are seeking a experienced immigration professional to engage in the following duties:
Improve/Streamline Process Flow:
Develop or enhance, implement, and document internal case processing and procedures.
Review current internal paralegal workflow processes and procedures to document procedures in place.
Develop or enhance and implement paralegal case management processes and procedures.
Train or re-train paralegals on proper processes and procedures.
Work with Billing to identify areas for improvement as they relate to Paralegal involvement.
Database Management & Reporting:
Serve as Point of Contact with our Edge/LawLogix database.
Develop and create weekly client reports for paralegal/attorney teams.
Coordinate with paralegals to ensure client database is updated as need.
Develop and run weekly case reports for each paralegal/attorney team to ensure adequate staffing and fair distribution of cases amongst paralegals.
Training:
Identify training needs and develops, implement, and manage paralegal training manual and program for onboarding and for continuing education.
Update training materials as needed.
Conduct hands-on paralegal training, to include substantive immigration law as well as filing procedures and internal protocols.
Chair biweekly or monthly paralegal group meetings on “hot topics”.
Career Development and Team-Building:
Develop in-depth understanding of professional development needs within the group and manages satisfaction and retention initiatives.
Manage annual review process for attorneys and paralegals.
Prepares and follows through on individual attorney and paralegal development plans.
Develops and manages initiatives to create a cohesive team and meaningful connections within the group.
Facilitates communication within the group, including proactively developing and managing various practice group communications.
Special Projects:
Manage closing file/scanning process.
Transition our fee agreements into templates and manage the process to send clients prior to engagement.
Oversee updating and creating client materials, including approval packages, process memos or guides, etc.
Review and billing process.
Requirements:
5+ years of experience in a senior level capacity at an immigration law firm
Expert knowledge of procedural requirements for various types of nonimmigrant and immigrant visas and client processes.
Knowledge of case management systems, preferably Edge/LawLogix.
Experience corresponding with clients directly on case processing and other procedural matters.
Ability to prioritize own work and team’s work and take on multiple projects.
Excellent attention to detail.
Excellent organizational skills
Strong facility with case management reporting analytics.
Exercises excellent independent judgment.
Please email résumé and cover letter to careers@iandoli.com with “Practice Manager” in the subject line. No phone calls please. Absolutely no recruiters. Only those candidates selected for an interview will be contacted.
Work exclusively from home is not feasible for either of these positions. We are in a hybrid model allowing up to 2 days work from home.
Patel v. Garland: Federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings ..
In a 5-4 decision announced on Monday, May 16, 2022, the Supreme Court held in Patel v. Garland that federal courts lack jurisdiction to review factual findings made by the executive branch during deportation proceedings. Under this ruling, noncitizens seeking certain forms of relief under immigration law could be left with no judicial review when the government denies this discretionary relief.
A summary of the ruling can be found here at scotusblog.com:
“The case involved Pankajkumar Patel, who (along with his wife) entered the United States without authorization in the 1990s. Mr. Patel applied for adjustment of status, and while his application was pending with USCIS, Mr. Patel filed an application to renew his driver’s license and marked the box “U.S. citizen” even though he was eligible for a driver’s license under Georgia law despite not being a U.S. citizen. Due to this, he was denied adjustment and later placed in deportation proceedings before an immigration judge in the Department of Justice. He again applied for adjustment of status as a defense to removal. The immigration judge denied Mr. Patel adjustment, concluding that he intentionally marked “U.S. citizen” on his application, despite Mr. Patel’s testimony that he made a mistake and did not intend to mark the U.S. citizen box. The judge determined that the misrepresentation made Mr. Patel ineligible for adjustment.
Patel sought to have a federal court review the immigration judge’s factual finding regarding the question of whether he intentionally or mistakenly checked the citizen box. His ability to do this was impeded by the jurisdictional bar (8 U.S.C. § 1252(a)(2)(B)(i)), which bars federal courts from reviewing “any judgment regarding the granting of relief” under five specific immigration remedies, including adjustment of status. The case rose to the Supreme Court to clarify the scope of the jurisdictional bar. The majority held that federal courts lack jurisdiction to review facts found as part of adjustment-of-status proceedings and other discretionary-relief proceedings enumerated in Section 1252(a)(2)(B)(i).” The majority held that “Federal courts have a very limited role to play in this process,” and rejected the argument that Mr. Patel’s case fell outside the jurisdictional bar to discretionary relief. Instead, the majority applied a broad reading of “any judgment regarding the granting of relief,” including factual findings. In interpreting 8 U.S.C. § 1252(a)(2)(D), the majority held that judicial review is unavailable for factual questions such as the question in Mr. Patel’s case.
The dissenting opinion criticizes the broad holding of the majority, and argues that the majority’s opinion “…permits a bureaucratic factual mistake to have life-changing consequences for an immigrant applying for legal residency and is an assertion of “raw administrative power” that neither the agency nor the Executive Branch endorses.”