Business Immigration Weekly for March 6, 2017

Author(s): Esther Contreras

Date: 4/4/2017
 Business Immigration Weekly March 6 2017.pdf

STATUS OF SECOND TRAVEL BAN EXECUTIVE ORDER 

President Trump issued a second, more tailored, executive order instituting a travel ban on nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen. Iraq was removed from the list of countries from the first travel ban. This second travel ban was quickly blocked by a Hawaiian federal judge and remains suspended.

SIGNIFICANT CHANGES TO I-9 HANDBOOK (M-274) FOR EMPLOYERS

The US Citizenship and Immigration Services (USCIS) has recently issued an updated M-274 Handbook for Employers (https://www.uscis.gov/i-9). In addition to I-9 Central (https://www.uscis.gov/i-9-central), the Handbook is one of the key Form I-9, Employment Eligibility Verification, resources available to employers. The new version of the Handbook incorporates many significant changes including changes in immigration law and policy and the new version of the Form I-9 that was effective January 2017.

One of the major changes deals with the implementation of the High Skilled Worker Final Rule that became effective on January 17, 2017. This Rule allows Employment Authorization Documents with the following eligibility codes: A03, A05, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31 and A12 or C19 an automatic extension of employment authorization for 180 days after the expiration of the card. In order to benefit, the following conditions must be met: 1) the employee has timely filed an application for a renewal of the document (except some Temporary Protected Status applicants); 2) the application is still pending with the government; and 3) the eligibility code is one of the codes listed above. Ffor the most updated list, please go to the www.uscis.gov website. For specific information on how to complete the Form I-9 in these cases, go to the M-274, page 17.

VISA BULLETIN FOR APRIL 2017 

The Department of State (DOS) released the most recent Visa Bulletin. Below is a summary of green card Final Action Dates and Dates For Filing dates for employment-based immigrant visa categories for the month of May.

PLEASE NOTE: Per a new USCIS policy, a week after the Department of State (DOS) issues its monthly Visa Bulletin indicating immigrant visa availability for the next month, the USCIS will make its own separate determination on green card availability. If green cards are available for a certain category, the USCIS will post its own notice on its website at: www.uscis.gov/visabulletininfo to alert immigrants applying in those categories with more availability, that they may use the Dates for Filing chart and not the Final Action Date chart. Thus immigrants may no longer rely on the DOS Visa Bulletin, but must wait one week after its publication and then look to the USCIS to see whether a green card is available to them.

Green Card "Dates for Filing" Availability Dates

Individuals with priority dates prior to the dates listed in the chart below are eligible to file their green card applications during the current month.

Employment
based

All Chargeability
Areas Except
Those Listed

CHINA-
mainland
born

INDIA

MEXICO

PHILIPPINES

1st

CURRENT

CURRENT

CURRENT

CURRENT

CURRENT

2nd

CURRENT

01MAR13

22APR09

CURRENT

CURRENT

3rd

CURRENT

01MAY14

01JUL05

CURRENT

01SEP13

Other Workers

CURRENT

01AUG09

01JUL05

CURRENT

01SEP13

4th

CURRENT

CURRENT

CURRENT

CURRENT

CURRENT

Certain Religious Workers

CURRENT

CURRENT

CURRENT

CURRENT

CURRENT

5th
Non-Regional
Center
(C5 and T5)

CURRENT

15JUN14

CURRENT

CURRENT

CURRENT

5th
Regional
Center
(I5 and R5)

CURRENT

15JUN14

CURRENT

CURRENT

CURRENT

Green Card Approval "Final Action Dates"

Individuals with priority dates prior to the dates listed in the chart below have a green card available to them during the month of March, therefore, the US government may take final action on their case.

Employment
based

All Charge-
ability
Areas Except
Those Listed

CHINA-
mainland
born

EL SALVADOR
GUATEMALA
HONDURAS

INDIA

MEXICO

PHILIPPINES

1st

CURRENT

CURRENT

CURRENT

CURRENT

CURRENT

CURRENT

2nd

CURRENT

15JAN13

CURRENT

22JUN08

CURRENT

CURRENT

3rd

15FEB17

15AUG14

15FEB17

24MAR05

15FEB17

15SEP12

Other Workers

15FEB17

01MAR06

15FEB17

24MAR05

15FEB17

15SEP12

4th

CURRENT

CURRENT

15JUL15

CURRENT

15JUL15

CURRENT

Certain Religious Workers

CURRENT

CURRENT

15JUL15

CURRENT

15JUL15

CURRENT

5th
Non-Regional
Center
(C5 and T5)

CURRENT

22MAY14

CURRENT

CURRENT

CURRENT

CURRENT

5th
Regional
Center
(I5 and R5)

CURRENT

22MAY14

CURRENT

CURRENT

CURRENT

CURRENT


Month-to-month availability of immigrant visas varies and depends on many factors. The entire Visa Bulletin can be viewed at: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

Weekly Immigration Updates are provided under the Legal Update link of the Immigration Group Section of our firm's website at www.masudafunai.com.