Fragomen Immigration Update: July 16 - 23, 2015

In United States immigration news this week, U.S. Citizenship and Immigration Services (USCIS) released a highly anticipated final guidance on H-1B worksite location changes, following the precedent Administrative Appeals Office’s decision, Matter of Simeio Solutions. The guidance postpones the deadline for filing H-1B amended petitions to reflect relocations occurring before August 19 to January 15, 2016. Though the agency will “generally” not penalize employers for not filing amended petitions for relocations that occurred on or before April 9, employers should nevertheless consult with Fragomen counsel about the risks involved in not filing.

Also in the United States, the USCIS Ombudsman’s 2015 report to Congress confirms that employers face continued high rates of requests for evidence and denials of high-skilled immigration petitions and a very low likelihood of success in administrative appeals.

As of July 15, certain foreign nationals in Malaysia applying for work passes at the recently-opened MyXpats Center are eligible for a new pass called Employment Pass (Category III).

Foreign nationals in Brazil converting their Work Contract Visa to a permanent visa may not be able to obtain an accurate status on the Ministry of Justice’s website due a technical error. The website most frequently states that approved cases are awaiting analysis.

These items and other news from Italy and the United States follow in this edition of the Fragomen Immigration Update.

Important Updates in Immigration This Week

United States, July 22, 2015
USCIS Issues Final Guidance on H-1B Worksite Location Changes; Postpones Deadline to File H-1B Amendments to January 15, 2016

USCIS announced that it will not require employers to meet its original August 19 deadline for the filing of H-1B amendments to reflect worksite location changes. The deadline to file amendments for H-1B relocations that have already occurred or will occur prior to August 19 will be extended to January 15, 2016. USCIS will generally not penalize employers for failing to file an amendment to show a relocation that took place on or before April 9, but employers may nevertheless choose to file amendments to reflect these relocations until January 15, 2016.

To view entire article, click here.


United States, July 21, 2015
USCIS Ombudsman Report Highlights Continued Challenges Facing Employment-Based Petitioners

In an independent review of USCIS adjudication procedures, the USCIS Ombudsman’s Office reports that the rate of H-1B and L-1 requests for evidence (RFEs) remains at near-record levels and suggests that many RFEs are redundant and unduly burdensome to U.S. businesses.

To view entire article, click here.


Brazil, July 22, 2015
Ministry of Justice Website Error Causing Work Visa Conversion Status Confusion

Foreign nationals converting their Work Contract Visa to a permanent visa may not be able to obtain an accurate status on the Ministry of Justice’s website due a technical error. The website most frequently states that approved cases are awaiting analysis. Foreign nationals who receive telegrams from the Ministry of Justice indicating that their permanent visa was granted should notify their immigration professional so that cases can be accurately tracked.

To view entire article, click here.


Malaysia, July 20, 2015
New Short-Term Work Pass Category Forthcoming

As of July 15, foreign nationals applying for work passes at the MyXpats Center with contracts not exceeding twelve months and whose monthly salaries range from RM 2,500 to RM 4,999 will be eligible for a new pass called Employment Pass (Category III). This is significantly less than the current minimum monthly salary requirement for a standard Employment Pass, which is RM 5,000.  Employers seeking to hire employees under this category will need to obtain an exemption from the minimum salary requirement of RM 5,000 from the Ministry of Home Affairs.

To view entire article, click here.

Other Immigration News This Week

United States: DHS Publishes Proposed Rule to Expand Provisional Unlawful Presence Waivers of Inadmissibility – The Department of Homeland Security (DHS) has published a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The agency is accepting comments through September 21, 2015, and the final regulation is projected to be published in Spring 2016, as announced in the White House's report on immigration modernization, which was released last week.

Under the provisional waiver process, certain foreign nationals who are present in the United States may submit an application with USCIS to waive the thee- or ten-year bar before departing the country for consular processing of their immigrant visas. By processing the waiver stateside, and not abroad and after a consular interview, foreign nationals are given some assurance that their immigrant visas will be issued even though they triggered a bar of inadmissibility when they left the country to pursue immigrant visas. The process also significantly reduces the amount of time that families are separated while a member pursues permanent residence.

Currently, provisional waivers are available only to certain immediate relatives of U.S. citizens. Under the proposed rule, eligibility would be expanded to all foreign nationals who are statutorily eligible for waivers of inadmissibility based on unlawful presence and who meet certain other conditions. In relation to the statutory requirement under INA 212(a)(9)(9)(B)(v) that requires the waiver applicant to demonstrate that denial of the waiver would result in "extreme hardship" to certain family members, the proposed rule would also expand the class of qualifying family members to include lawful permanent resident spouses or parents, in addition to U.S. citizen spouses or parents.

Italy: Delays Likely at Milan Immigration Office – Foreign nationals filing immigration applications at the Milan Immigration Office should expect delays in August as the office will be working with a reduced staff during this time. Work permits will not be issued and foreign nationals may not be able to schedule appointments during this time. Contract of stay appointments will also be reduced. Affected applicants should submit applications and schedule appointments prior to August to avoid delays.

Global Immigration News Links

Under new immigration enforcement programs the Obama administration is implementing, up to 87 percent of unauthorized immigrants would not be the focus of deportation operations and would have “a degree of protection” to remain in the United States, according to a report published by the Migration Policy Institute.

The number of unauthorized immigrants living in the United States “has remained essentially stable for five years after nearly two decades of changes,” according to research released by the Pew Research Center, which estimated that 11.3 million unauthorized immigrants lived in the United States in 2014.

Nearly two dozen mayors and immigration advocacy groups urged lawmakers to not push forward with bills that crack down on sanctuary cities.

New UK immigration rules could force over 30,000 nurses from India and other non-European countries to leave the UK who are employed with Britain’s state-funded National Health Service.

The number of Irish business-related visas has risen by 15 percent since 2010 as new programs have attracted migrant investors and entrepreneurs.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen.

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