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  1. NOTIFICATION OF NON-ACCEPTANCE OF G-28

    by , 04-14-2017 at 08:38 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    USCIS had begun notifying applicants and petitioners when their attorney’s Form G-28 has not been accepted.

    The G-28 form is filed by the attorney with the case to notify the USCIS that the applicant or petitioner has a lawyer and that the lawyer should be notified of any updates on the case.

    Previously, when USCIS did not accept Form G-28, neither the attorney nor the client was notified of the rejection. The immigration application or petition was simply processed without an attorney on the case.

    The American Immigration Lawyers Association raised this issue with USCIS on several occasions, but it was not until the past year that USCIS advised that it was planning to start notifying applicants or petitioners when the G-28 was rejected.

    On March 7, 2017, USCIS announced that it has added the following language to receipt notices when a G-28 was not accepted with an application or petition:

    A valid G-28 was NOT received with your case. If you wish to be represented, please contact your attorney or accredited representative to submit follow-up G-28 to the USCIS location where your case is pending. For more information on filing G-28, please visit http://www.uscis.gov/forms/filing-your-form-g-28.

    The receipt notices that include the above language will only be issued for cases that were filed at a lockbox facility. Cases that are directly filed with a local office will not contain the G-28 notice.


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  2. Help Celebrate the Launch of a New NGO to Assist Asylum Seekers

    The community of asylum seekers (people waiting for their asylum cases) has grown exponentially over the past few years. Across the U.S., something like 540,000 people--including many asylum seekers--are waiting for their Immigration Court cases, and over 150,000 otehrs are waiting for their cases to be decided by the Asylum Office. Because this "backlog" is relatively new, there is a dearth of services available for such asylum applicants. A new non-profit aims to help fill that gap.
    There are more people in the backlog than in Cleveland, Ohio (and which group is worse off, I am not sure).
    The Asylum Seeker Assistance Project ("ASAP") is a community-based nonprofit providing comprehensive services to support the estimated 50,000 individuals pursing asylum in the Washington, DC-Metro region. The group launched in 2016 and received its 501(c)(3) non-profit status earlier this week (so donations are tax deductible). Its mission is to provide services that support the safety, stability, and economic security of asylum seekers and their families. ASAP's programs include:

    Employment
    : ASAP’s employment program combines individualized career planning, 30-hours of job readiness training, and job placement services to address common employment barriers encountered by asylum seekers. The goal is to equip asylum seekers with the knowledge, skills, and resources needed to secure and retain safe, legal, and purposeful employment.


    Community
    : ASAP’s community program facilitates opportunities for asylum seekers to connect with each other, ASAP volunteers, and the larger community. The group also maintains a list of asylees willing and able to provide support and guidance to newly arrived asylum seekers.


    Legal
    : ASAP offers asylum law trainings, legal information sessions, and “Know Your Rights” workshops on demand to clients, attorneys, law students, and community partners. ASAP can also provide targeted referrals to pro bono and low bono immigration legal service providers.


    Outreach
    : ASAP conducts educational awareness events co-facilitated by asylum seekers and asylees. The organization has given talks and presentations to audiences ranging from elementary school-aged children to adults. By engaging audiences of all ages, ASAP works to plant the seeds of social change.


    Social Services
    (Coming 2018): ASAP works with clients to create a comprehensive assessment of their life in the U.S. in order to identify client needs, recognize strengths, and prioritize goals. ASAP works with a coalition of community partners to provide information, resources, and referrals to ensure client safety and stability.


    To celebrate this new organization and to congratulate ASAP's first class of asylum seekers who will have completed an intensive one-week job readiness training, the group is holding an event called Together We Rise: A Family-Friendly Celebration on April 29, 2017 from 3:00 to 6:00 PM in Bethesda, Maryland. You can sign up for this free event, or make donations, here. The celebration will include food and friends, and activities for the younger guests, such as face-painting, fishing for ducks in a "pond," and henna art.


    To learn more about the party and ASAP, visit the group's Facebook page here, or email them at asylumprojectdc@gmail.com. Also, if you would like to make a donation to this worthy cause, please contact ASAP
    at asylumprojectdc@gmail.com.

    Originally posted on the Asylumist: www.Asylumist.com.

    Updated 04-14-2017 at 08:11 AM by JDzubow

  3. H-1B Employer Allowed to Deduct Attorney Fees in This Case

    By Bruce Buchanan, Sebelist Buchanan Law

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    A Department of Labor Administrative Law Judge (ALJ) ruled that an employer who deducted an H-1B visa holder’s attorney’s fees from the employee’s accrued vacation time did not violate the Immigration and Nationality Act (INA). Administrator, Wage and Hour Division, Department of Labor v. Woodmen of the World Life Insurance Society.

    Woodman Life hired Oscar Garcia initially under TN non-immigrant visa status. Later, Woodmen Life submitted an H-1B visa to the USCIS, which was approved. After approval, Woodmen Life and Garcia entered into an agreement whereby Garcia would repay certain expenses, including attorney’s fees, related to the H-1B petition. When Garcia’s employment ended, based upon Garcia’s resignation, he received a final paycheck which deducted $5,800 for attorney’s fees from $9,644 which was owed for accrued but unused vacation.

    The DOL Administrator filed suit against Woodmen Life alleging $4,575 was unlawfully deducted from Garcia’s wages. (DOL determined $1,225 for premium processing was included in the $5,800 and was an allowable expense to be paid by Garcia.) The Administrator stated the $4,575 deducted from Garcia’s last paycheck was not allowed because it took his wages below the required wage. Woodmen Life asserted Garcia’s final paycheck did not fall below the required wage because Garcia’s vacation pay was accrued and did not affect the required wage. Under Woodmen Life’s vacation policy, if an employee resigns or is terminated, “accrued but unpaid vacation leave” will be paid in the final paycheck. Furthermore, Woodmen Life stated it treated Garcia the same as other employees who owed money to the company, such as for a tuition repayment plan.

    Under the statute, employers are prohibited from seeking repayment of H-1B attorney’s fees and expenses from the required wage. However, the ALJ found in this case the $4,575 was not deducted from the required wage; rather, it was deducted from Garcia’s benefits. The ALJ found the statute allowed this type of deduction, especially where it was consistent with Woodmen Life’s policy of repayment for certain expenses from accrued but unused vacation time.
  4. Sessions Threatens to Prosecute Americans who "Harbor" Immigrants in the New "Trump Era". Is Police State Coming Closer? Roger Algase

    Update bulletin, April 12, 1:30 pm:

    Now it's official. On April 11, the Attorney General's office released a memo calling on all federal prosecutors to:

    "...consider for prosecition any case involving unlawful transprtation of harboring of aliens. or any other conduct prescribed pursuant to 8 U.S.C. Section 1324..." (Italics added.)

    (See ilw.com news item April 12.)

    As I have mentioned below and in previous Immigration Daily comments, and will explain further in forthcoming comments, this refers to INA Section 274, an extremely broad statute which makes it a felony for anyone, including a US citizen, to "assist" someone who is remaining in the US without permission.

    Conceivably, this could include providing legal advice, medical assistance, advocacy or help of any kind to anyone who might turn out to be or could be suspected of being an unauthorized immigrant.

    It could also, not inconceivably, include failing or refusing report such a person to ICE for arrest and deportation.

    Is America on the way to its own version of the 1936 German Nuremberg laws which made it a crime for non-Jewish Germans to engage in certain types of activities or associations with Jews?

    Will the "New Era" of Donald Trump which Sessions mentioned in his April 11 Arizona speech start to resemble the "New Order" in Germany 80 years ago?

    My original comment follows:

    In an April 11 speech at the Mexican border, Attorney General Jeff Sessions, who as a fiercely anti-immigration Senator, issued an immigration "Handbook" for Congressional Republicans in January 2015 containing high praise for the 1924 Immigration Act which excluded most of the world from immigrating to the US except for people from Northern Europe, announced that:

    "This is a new era. This is the Trump era."

    http://www.phoenixnewtimes.com/news/...rizona-9228298

    What, other than the highly unfortunate resemblance between "New era" and the "New Order" announced by the German National Socialist government some 80 years ago, exactly does this mean?

    One thing that Sessions made clear is means as that unauthorized immigrants themselves are not the only targets of Trump's immigration actions, but that American citizens who "harbor" or "transport" them will be prosecuted.

    The reference is to INA Section 274, an extremely broad statute which, while primarily directed against immigrant smugglers, also make it a federal felony to "harbor" or "assist" an authorized immigrant in remaining in the the United States.

    As the above Phoenix New Times report quotes Jeanne Atkinson, Director of the Catholic Legal Immigration Network (CLINIC), as saying, the statute "applies to everyone" who might provide help.

    As Atkinson puts it:

    "You could be talking about a grandma taking a grandchild to the doctor."

    The same article also quotes Brent Wilkes, executive director of LULAC as follows:

    "They're trying to criminalize and make it a felony to pursue the American dream."

    The above report also states, with regard to Wilkes' comment:

    "The intent of going after people who harbor or transport undocumented immigrants is to intimidate them and increase fear among the undocumented community, he [Wilkes] said."

    One might add that it is not only immigrants who could have a great deal to fear from Sessions' threat to launch criminal prosecutions under INA Section 274.

    Any American who lends any kind of assistance to, or even associates with, someone who might turn out to be in the US without legal status, or who fails to report someone whom he/she knows or has reason to suspect may be here illegally to ICE for deportation could also. according to the language of the statute, be subject to prosecution.

    In that case, comparisons between Trump's police state New Era and the New Order in Germany eight decades ago would not be by any means accidental or inappropriate.
    ______________________________

    Roger Algase is a New York immigration lawyer who has been helping mainly skilled and professional immigrants receive work visas and green cards for more than 35 years. He is a graduate of Harvard College and Harvard Law School. Roger's email address is algaselex@gmail.com











    Updated 04-29-2017 at 02:48 AM by ImmigrationLawBlogs

  5. MAY 2017 VISA BULLETIN: DETAILED ANALYSIS AND PREDICTIONS

    by , 04-12-2017 at 09:14 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the May 2017 Visa Bulletin. This is the eight Visa Bulletin of Fiscal Year 2017. This blog post analyzes this month's Visa Bulletin.

    May 2017 Visa Bulletin

    Final Action Dates

    Applications with these dates may be approved for their Green Card (Permanent Residency card).

    Employ-
    ment
    based

    All Charge-
    ability
    Areas Except
    Those Listed

    CHINA-
    mainland
    born

    INDIA
    MEXICO
    PHILIPPINES
    1st
    C
    C
    C
    C
    C
    2nd
    C
    08FEB13
    22JUN08
    C
    C
    3rd
    15MAR17
    01OCT14
    25MAR05
    15MAR17
    01JAN13

    MU Law Analysis

    All Other: The EB-2 has been current for many years. The EB-3 progression continues, moving an additional one month. Consular processed EB-3 are effectively current.

    China: The China EB-2 date again moved up, but only a few weeks. The China EB-3 again date progressed about six weeks. This was a smaller progression than the last few Visa Bulletins. The China EB-3 continues to have a more favorable date than EB-2, as a result of many historical Chinese EB-3 workers "upgrading" their applications to EB-2.

    India: EB-2 India moved up about one day, which is the first one day progression that I can recall. EB-3 India stayed the same, unfortunately.
    Mexico: Mirrors All Other in all aspects.

    Philippines: EB-3 moved ahead by nearly four more months. The Philippine EB-3 number essentially cleaned out all of the 2010, 2011, and 2012 EB-3 visas in about 6 months. This is even more positive than we expected. (Our note from September 2016: "This is consistent with internal MU Law analysis which sees this category progressing into 2013 by the Summer of 2017.").

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.


    Updated 04-12-2017 at 09:21 AM by CMusillo

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