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Immigration Update – February 11, 2020 Immigration

headlines:

DHS suspends New York residents from Trusted Traveler programs; New York to Sue – On February 5, 2020, the DHS informed the New York State Department of Motor Vehicles that New York residents are no longer authorized to apply for or renew their registration for Trusted Traveler programs. The New York Attorney General immediately announced plans to sue the Trump administration for “unfair targeting.”

The registration period for the new H-1B cap begins on March 1st – Sponsor companies can create an account in the new system from February 24, 2020.

In a prize for international students, the Federal District Court demands a permanent change in the “illegal presence” policy – A US district judge issued a ruling on February 6, 2020, permanently affirming the change in the Trump administration’s policy regarding the “illegal presence”, as set out in a USCIS memorandum.

USCIS publishes revised forms and updates the Guideline Guide to the Final Rule of Ineligibility of Public Fees – USCIS released revised forms and updated guidance related to the final Inadmissibility Rule that the Department of Homeland Security, including USCIS, will implement on February 24, 2020.

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DHS suspends New York residents from Trusted Traveler programs; New York to Sue

The Department of Homeland Security (DHS) informed the New York State Department of Motor Vehicles on February 5, 2020 that New York residents are no longer eligible to apply for or renew their registration for Trusted Traveler programs. Acting Secretary Chad F. Wolf said the suspension was in response to the implementation of the New York State Act on Driving License and Data Protection (“Green Light Law”), which allows the New York State Department to exchange information with the DHS banned The agency said it prevented the DHS from fully screening New York residents.

New York Attorney General Letitia James immediately announced plans to sue the Trump administration for “unfair targeting.” The chairmen of the House’s supervisory and homeland security committees and several others also sent a letter to the DHS to express “our strong opposition” to the “senseless retaliation decision”. They requested documentation of the reasons for the decision and its economic impact, found among other things that a driver’s license is not required to participate in programs for trusted travelers, and disputed the DHS’s statements that the measure was due to safety concerns. The governor of New York, Andrew Cuomo, said: “This is unlimited arrogance, disregard for the rule of law, hyper-political government and this is another form of extortion.”

US Customs and Border Protection runs Trusted Traveler programs that accelerate processing to the U.S. B. Global Entry (international), FAST (entry and exit of commercial vehicles), SENTRI (entry from Canada and Mexico) and NEXUS (entry from Canada)), all of which are prohibited by New York residents.

details: · DHS publication, https://www.dhs.gov/news/2020/02/06/department-homeland-security-suspends-new-enrollmentreenrollment-cbp-trusted · DHS letter to the State of New York, https://www.dhs.gov/sites/default/files/publications/20_0206_as1-letter-to-ny-dmv-signed.pdf · Letter from the House of Representatives to the DHS, https://homeland.house.gov/imo/media/doc/GlobalEntryLetter.pdf · Newspaper articles, https://www.cnn.com/2020/02/07/politics/new-york-dhs-global-entry/index.html. https://www.nytimes.com/2020/02/06/nyregion/green-light-law-global-entry.html · Global Entry website, https://bit.ly/2H4Eh5R

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The registration period for the new H-1B cap begins on March 1st

The U.S. Citizenship and Immigration Service (USCIS) hosted a webinar for employers on February 6, 2020 on the new H-1B registration system for the 2021 fiscal year cap season. The initial registration period runs from March 1, 2020 to March 20, 2020. March 2020 for the numerical assignments for the 2021 H-1B fiscal year. At the webinar, USCIS said sponsorship companies could create an account in the new system from February 24, 2020. Every H-1B cap sponsorship company needs an account, USCIS said. Those selected in Lottery H-1B for the 2021 fiscal year will be notified by March 31, 2020. Employers can submit petitions for these contributions from April 1, 2020, and the registration deadline is June 30, 2020 at the earliest.

During the initial registration period:

  • Petitioners with an H-1B cap, including those eligible for the advanced degree exemption and wishing to submit an H-1B cap for the 2021 fiscal year, must first register electronically with USCIS and receive the corresponding registration fee of Pay $ 10 for H-1B.
  • Potential petitioners or their proxies must electronically submit a separate registration listing each person for whom they would like to petition the H-1B cap. Duplicate registrations are prohibited.
  • As described in the final rule for H-1B registration, USCIS randomly selects the number of projected registrations required to complete the H-1B numerical assignments for the receipt of more than a sufficient number of registrations To reach fiscal year 2021 after the end of the first registration period Notify registrants with selected registrations by March 31, 2020 at the latest.
  • Potential petitioners with selected registrations can only submit a petition for the 2021 financial year for the person named in the registration and within the registration period specified on the letter of admission.

USCIS has pointed out that while petitioners can register multiple foreigners during a single online submission, a petitioner can only submit one registration per beneficiary in a fiscal year. If a petitioner submits more than one registration per beneficiary in the same fiscal year, all registrations submitted by that petitioner for that beneficiary for that fiscal year will be considered invalid.

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In a prize for international students, the Federal District Court demands a permanent change in the “illegal presence” policy

US District Judge Loretta Biggs of North Carolina issued a decision on February 6, 2020, to change the nationwide policy of the Trump administration in relation to the “illegal presence” policy contained in a US citizenship memorandum – and Immigration Service (USCIS) entitled “Accrual of Unlawful Presence and F-, J- and M-Non-Immigrants. “The policy was previously temporarily blocked by the same judge as the underlying case of the district court developed.

The Alliance of Presidents for Higher Education and Immigration said the policy “has changed fundamentally and radically when holders of F-1, J-1 and M-1 visas gain an illegal presence”. The demarcation would retrospectively start on the day on which a visa holder committed illegal behavior instead of the day on which he was classified as “out of status”. The alliance noted that the accumulation of illegal presence “directly affects the inadmissibility of security restrictions on immigration [e.g., the 3-year, 10-year, and permanent bars] potentially affect and punish visa holders who are likely to want to enter the United States. “This made it much more likely that an illegal presence due to“ administrative, unintentional or innocent errors ”would be more likely to occur and lead to significant, unforeseen consequences, including suspension from the United States. In response, higher education institutions, including members of the alliance, filed a lawsuit against politics. The Presidents’ Alliance also coordinated one Amicus Letter signed by more than 60 universities to support legal challenge.

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USCIS publishes revised forms and updates the Guideline Guide to the Final Rule of Ineligibility of Public Fees

The U.S. Citizenship and Immigration Service (USCIS) has released revised forms related to the final ruling on the impermissibility of public charges, which the Department of Homeland Security, including USCIS, will implement on February 24, 2020. Applicants will apply from this date. Petitioners must use new editions of the forms listed in a USCIS announcement.

Except for Illinois, applicants for status adjustments that are subject to the reason of inadmissibility and final settlement must submit Form I-944 (self-sufficiency declaration).

Certain classes of foreigners (such as refugees, asylum seekers, petitioners under the federal law against violence against women and certain applicants for T and U visas) are exempt from the public inadmissibility basis and are therefore not subject to the final regulation.

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Cyrus Mehta was quoted from Law360 in “Calif. Atty’s unique win may bring new relief to TPS holders. “Regarding temporary protection status holders (TPS) who want to become permanent residents through their work, Mr. Mehta said, among other things:” These are people who deserve to be able to adjust the status under the law if they are properly employed by employers have been sponsored based on their skills and bottlenecks in the US labor market. ”The article is available upon registration at https://www.law360.com/articles/1240590/calif-atty-s-unique-win-may-offer-new-relief-for-tps-holders, Mr. Mehta recently led two seminars of the Practicing Law Institute (PLI):

  • Program chair, “Asylum, Immigrant Youth Status, Crime Victims, and Other Reliefs,” PLI, New York City, and via webcast, February 7, 2020.
  • Program chair and speaker, Fundamental Immigration Act 2020, PLI, New York City and via webcast, February 6, 2020.

Cora-Ann Pestaina and David Isaacson also participated as a speaker in these PLI programs.

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