Hello, and Welcome to our July Immigration Update!
I hope you’re having a great summer. I have a friend that is taking a week to hike in Oregon and another one that is going on a Disney seven day cruise with his kids. I have clients going to India and Colombia to spend time with family. I’m in training for my fourth Ironman. What are your summer plans?
This newsletter provides answers to some of the questions we are receiving about the SCOTUS decision on DACA (+) & DAPA, covers the proposed increase in civil penalties for employers knowingly hiring unauthorized workers, and shares another L-1A immigration success story that our team handled, among other topics.
To stay updated on current immigration issues and read more client success stories we invite you to subscribe to our
blog.
Thank you for your readership, support, and referrals.
Cheers!
Giselle Carson
In the
United States v. Texas, the case challenging the expanded Deferred Action for Childhood Arrivals
(DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents
(DAPA), the U.S. Supreme Court (SCOTUS) affirmed the lower decision 4-4.
This means that the ruling by the Fifth Circuit’s decision stands and there will be no further movement in this proposal possibly until 2018. This program expansion would have shielded up to 4 million immigrants from potential deportation and make them eligible for work permits.
To see the full story and learn how it may affect you, click
here.
To help you better understand the decision in its entirety we’ve published a list of FAQs. You can read the full list and download
here.
Our team achieved another Immigration success this summer! The latest case details the story of an L-1A Operations Manager-Engineering and his family as an intra-company transfer to the United States. The Marks Gray team was able to file and receive a successfully processed application in 12 days.
For the full story, click
here.
The U.S. Department of Justice is planning to substantially increase the civil monetary penalties for employers who knowingly employ an unauthorized worker and for other immigration-related violations. The rule will take effect on August 1, 2016, and will apply to violations occurring after November 2, 2016.
Under the new rule, the minimum penalty for a first offense will increase from $375 to $539 per employee. The maximum penalty will increase from $3200 to $4313 per employee. The largest increase raises the maximum penalty for multiple violations from $16,000 to $21,563 per worker. Simple I-9 paperwork violations can now be assessed a maximum penalty of $2156 per individual, which is up from $1100. For unfair immigration-related employment practices, the maximum penalty will increase to $3563 per person, up from $3200.
To read about the new rule and stay up to date on potential changes, click here.
Many of our clients have to use the NVC to process their green cards. Here, I answer questions to help you understand this process. The NVC is a Department of State (DOS) facility that handles immigrant visa processing. They act as a liaison between USCIS, the green card applicant(s) and the consular post abroad. After USCIS approves your immigrant petition (I-130 or I-140), USCIS will submit your approval to NVC. It is taking NVC 30 to 45 days after they receive the USCIS approval to provide instruction on the next steps. You must wait to hear from NVC before proceeding. The next steps typically include payment of fees, submission of DS-260, collection and submission of documents, review and communications from NVC.
Our blog post includes additional information and basic tips regarding this process.To read and download the full list, click
here.
For many of our readers, especially foreign students on F-1 status, knowing and understanding if their degree is a STEM designated degree program is critical to plan for their immigration future.
This designation can determine whether or not an F-1 student can benefit from the new
24-month STEM optional practical training (OPT) extension rule. If so, the student can remain in the U.S. training and be gaining work experience for a much longer time and have a greater chance at applying for a potential H-1B petition, sometimes two to three times, under the lottery.
To read full blog post and review the list of the latest approved STEM designated program list, click
here.
