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1. Openers ................................................................................................................................................................. 2

2. ABCs of Immigration: Basics of E-Verify .................................................................................................. 3

3. AskVisalaw.com .................................................................................................................................................. 4

4. Border and Enforcement News ..................................................................................................................... 6

• New Fines for Immigration Related Violations .............................................................................. 6

• New York Couple Pay 1 Million Dollars After Conviction in Immigration Scam ................ 6

• Measles Outbreak in Arizona Detention Center ............................................................................ 7

5. News from the Courts ...................................................................................................................................... 8

• Results from the Appeal in the Flores v. Lynch Case ................................................................. 8

6. News Bytes .......................................................................................................................................................... 9

• Changes to Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker .......................................................................................................................................................... 9

• Report on 2015 State Immigration Laws Released ..................................................................... 9

• Temporary Protected Status (TPS) Extended for El Salvador ............................................... 10

• USCIS Returns Unselected Fiscal Year 2017 H-1B Cap Subject Petitions ........................ 11

• EB-4 Visa Limits Reached for Special Immigrants from India ............................................... 11

Table of Contents

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7. Washington Watch .......................................................................................................................................... 11

• Obama Administration Asks SCOTUS to Rehear Immigration Case When Fully Constituted ................................................................................................................................................ 11

8. In the News at ABIL ....................................................................................................................................... 12

• USCIS Launches 'Refresh' of InfoPass Appointment Scheduler ............................................ 12

• Various Categories Oversubscribed for August, State Dept. Reports ................................ 13

9. Updates from the Visalaw.com Blogs ...................................................................................................... 14

10. State Department Visa Bulletin: August 2016 ................................................................................... 14

1. Openers Dear Readers:

The presidential election campaigns have reached a critical point with the two major party conventions about to be behind us. The Republican Party has staked out radically anti-immigration positions which are reflected in the party’s platform. And the opposite is true of the Democrats. Donald Trump has vowed to build a wall, deport the 11 million undocumented immigrants in the US and substantially restrict legal immigration to the US. Hillary Clinton, in contrast, is promising to get a comprehensive immigration bill passed in the first 100 days. The consequences for immigration policy of this election couldn’t be higher.

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The DAPA case was punted by the Supreme Court last month which, by a tie vote, sent the case back to the 5th Circuit Court of Appeals and let the preliminary injunction stand. The White House has decided to seek a rehearing in the Supreme Court when it gets a 9th Justice. The case also will go through another appeals process when the question of a permanent injunction is litigated. So the case will continue for a while, though it’s not expected to come to a resolution while President Obama is in power.

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As always, we invite you to contact us if our firm can be of assistance. Please visit our web page at www.visalaw.com for information on reaching the firm or scheduling a consultation.

Regards,

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Greg Siskind

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2. ABCs of Immigration: Basics of E-Verify I. E-Verify

It is vital for employers to understand E-Verify and FAR E-Verify in order to determine whether to utilize it and whether it is required for each location. E-Verify is an Internet-based employment verification system which matches information from employees’ I-9 forms with databases of the Social Security Administration (SSA), Department of Homeland Security (DHS), the Department of State, and a few states’ driver’s licenses/identifications. It is important to remember E-Verify is not a pre-screening tool in the application process. An employer may not submit an inquiry to E-Verify until after an employee is hired. Furthermore, an employer is strictly prohibited from using E-Verify to verify existing employees.

In order to utilize E-Verify, an employer must sign an appropriate Memorandum of Understanding (MOU) with DHS. An employer must also post notices provided by DHS announcing its participation in E-Verify. Although most employers detest required government-issued posters, E-Verify posters are an employer’s friend because it informs prospective applicants without legal status that they will be subject to E-Verify.

The initial step in E-Verify is the same as I-9 verification. The employee and employer complete and sign the I-9 form. The employer then logs onto the E-Verify website and enters the I-9 data. If the employee is verified, the system will generate a confirmation number.

If instead a Notice of Tentative Non-Confirmation (“TNC”) is received, the employer must ask the employee whether he wants to contest the Notice. If the employee does not contest the TNC, the employer should advise the employee that he is terminated due to ineligibility for employment. If the employee chooses to contest the TNC notice, the employer should advise the employee to contact the SSA or the DHS within eight federal business days to resolve the discrepancy. A determination should be made within eight to 10 business days. And remember, an employer is prohibited from discharging or disciplining the employee who is contesting the TNC, unless the employer obtains independent knowledge that the employee is not authorized to work.

If the employee contests the TNC, there are four possible outcomes: (1) “Authorization” notice, meaning the employee may continue employment; (2) Final Non-Confirmation notice, meaning the employee should be terminated; (3) DHS Tentative Non-Confirmation, which the employee may contest in a similar manner as a SSA Tentative Non-Confirmation; or (4) “Review and Update Employee Data” message, meaning there will be further investigation.

II. FAR E-Verify

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FAR E-Verify is mandatory for contractors, with contracts of $150,000 or more, and related subcontractors with contracts of $3,000 or more. FAR E-Verify requires federal contractors/subcontractors to verify all newly-hired employees, regardless of whether they are assigned to the federal contract, and all existing employees assigned to the federal contract. Additionally, federal contractors and subcontractors may elect to verify all existing employees regardless of whether they are working on a federal contract.

III. State Immigration Laws Concerning E-Verify

Some states require employers within their state to utilize E-Verify for newly-hired employees. They are: Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina and Utah. A few of these states have a minimum number of employees employed before E-Verify is required. The following states require employers who contract with state and/or local government to utilize E-Verify: Colorado, Florida, Idaho, Indiana, Michigan (contractor/subcontractors for transportation department only), Missouri, Nebraska, Oklahoma, Pennsylvania and Virginia.

Beginning January 1, 2017, Tennessee will require private employers with 50 or more employees to utilize E-Verify.

Louisiana has “non-mandatory” E-Verify requirements – meaning private employers can either sign up for E-Verify and receive protection under state law, or copy and retain one of the specified identification documents provided by the employee. Some local governments require companies contracting with the local government to utilize E-Verify. California prohibits any local government entity from requiring employers to utilize E-Verify.

The consequences of violating state immigration laws are harsh – suspension of your business license in most states for first offense and eventually for later offenses could be revocation of business license.

IV. Conclusion

It is important for companies to know whether they are required to enroll and utilize E-Verify. Even if not required, companies should consider whether to use E-Verify. An immigration compliance attorney can assist you in understanding the pros and cons of E-Verify.

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3. AskVisalaw.com In our AskVisalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

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If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

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1) Question: My friend is about to apply for citizenship. He's from Burma and only has onename. His green card says “no given name” then his last name. His social says “unknown” then his last name. His driver’s license says “nfn.” What name should he use for the N-400 naturalization application?

Answer: Your friend should use their name as it is on their Birth Certificate. So if the Birth Certificate has something listed under the first name, such as "No First Name" or "FNU" (stands for First Name Unknown), then they should use that term on the application. Where the birth certificate does not list a first name, I do not believe there is a specific rule as to what to put in the space for the First Name on the Form N-400. Any one of the options you listed should be acceptable. It might be possible to leave that space blank, but that might result in a Request for Evidence from USCIS. Either way, when your friend is interviewed by USCIS, the adjudicating officer will have the opportunity to amend the application to another option, if there is a term/option that is preferred by USCIS. If your friend would like to have their name legally changed to give themselves a first name, they can do that as part of the naturalization process. But you should be aware that in some jurisdictions, asking for a name change can cause a delay in when the person is scheduled for the swearing-in ceremony to become a US citizen. So if having their name legally changed is something they are interested in doing, it might be easier for the person to go through the courts to have their name changed and then to apply for naturalization. Whatever they end up doing, the name that is listed on their naturalization certificate will be their legal name, so after they get their naturalization certificate, they should go to the Social Security Administration and their local DMV and have their names updated on their SS Card and Driver’s License so that they match their name as it is on their Naturalization Certificate.

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2) Question: My dad applied for an I-130 relative petition for me in 2013. After followingup with USCIS, we just learned that it was approved in February of 2015. But we never received the approval notice. How can I get a copy of the approval notice for this I-130 petition?

Answer: You can request a duplicate Notice of Approval for your petition, as long as the petition is approved and it has not since been revoked, using immigration Form I-824, which is available on the USCIS website. I will warn you that USCIS is currently taking a long time to adjudicate Forms I-824 requests. The form must be filed by the Petitioner for the petition, which is usually the sponsoring relative or the sponsoring employer (in your case, your father is the Petitioner). If the Form I-824 is filed by the foreign national beneficiary, USCIS probably will not issue the duplicate Approval Notice.

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There is a filing fee for this application, so it might be best to have a consultation appointment with me or another experienced immigration attorney first, so that you can determine whether you actually need the duplicate approval notice or not.

When the I-130 approval notice is lost, it often happens because the petitioner (in this case your father), moved and did not update their address with USCIS. So it is important for Petitioners to remember to update their address with USCIS each time they move, throughout the entire process, even after the petition is approved. Updating your address is currently done by submitting an immigration Form AR-11, which can be completed and submitted online, on the USCIS website.

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4. Border and Enforcement News

New Fines for Immigration Related Violations

The U.S. Department of Justice has published a new rule that will increase penalties for the illegal employment of immigrants and for unfair employment practices tied to immigration. The new rule is a result of the Bipartisan Budget Act of 2015, which was enacted last fall.

Under the new rule, the minimum penalty for unlawful employment of immigrants will increase from $375 to $539, and the maximum penalty will increase from $3,200 to $4,313. For those with multiple orders, the new maximum penalty for unlawfully employing immigrants will be $21,563.

The new regulation will also raise penalties for paperwork violation related to immigration law. The new penalty will increase from $1,100 to $2, 156. For unfair immigration related practices, a first order will now have a maximum penalty of $3, 563 per person discriminated against. Previously, it was $3,200.

The regulation takes effect on August 1, 2016 and the increases will apply to violations that took place after November 2, 2015.

A complete chart outlining the new penalty amounts can be found here.

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New York Couple Pay 1 Million Dollars After Conviction in Immigration Scam

In June, Loreto and Hazel Kudera, a married couple from New York, pleaded guilty to charges that they conspired to commit immigration fraud. The couple admitted that they provided false and fraudulent information to USCIS when applying for H1-B visas for foreign nurses.

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Hazel Kudera owns several medical staffing agencies, which provide nurses to hospitals, outpatient, and skilled nursing facilities. Her husband Loreto Kudera worked as a lawyer prior to the convictions.

The H1-B visa program allows an employer to petition on behalf of a foreign national to enter the U.S. for the specific purpose of working for the employer in a specialty occupation. There are a limited number of H-1B visas available each year, and the purpose of the program is to ensure that these visas go to legitimate beneficiaries to fill specialty positions. Registered Nurse (RN) and Licensed Practical Nurse (LPN) are not considered to be specialty occupations by USCIS.

Loreto and Hazel Kudera were fully aware of this. Yet they falsely stated that the foreign nurses they were petitioning for would be working in specialty occupations at prevailing wage rates. In truth, these nurses were going to work as RNs or LPNs at much lower rates. The Kuderas admitted that they submitted at least 100 fraudulent petitions as part of their scheme. They profited immensely. Upon their convictions, the Kuderas agreed to forfeit $1,000,000 in illegally gained proceeds to the U.S. They paid the final installment on June 30th.

The Kuderas will be sentenced on September 28,2016. The maximum penalties for their crimes are five years in prison, three years of supervised release, or a fine of $250,000 or twice the amount of gross gain, whichever is greater.

https://www.justice.gov/usao-vt/pr/new-york-lawyer-and-wife-pay-1-million-following-conviction-immigration-fraud-scheme

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Measles Outbreak in Arizona Detention Center

A measles outbreak that began in late May at a detention center in Eloy, Arizona, has grown to 22 cases, and is currently the largest outbreak of measles in the country. The cases include nine employees of the facility, which is overseen by US Customs and Immigration Enforcement (ICE) and operated by a private prison company.

The facility holds about 1,250 immigrants who are awaiting court proceedings or deportation. Many are migrants who fled violence in Central America.

Officials have not been able to confirm whether the outbreak began with a detainee or with an agency employee. But the Arizona Department of Health Services said that all of the immigrants at the center were vaccinated within the first few days of the initial outbreak. When the outbreak was not contained and spread to staff members, health officials asked the prison company and the federal officials to show proof that their employees were vaccinated.

While the prison company quickly moved to comply with the demands, some of the ICE employees did not come forward with proof of vaccinations. ICE has said that they cannot

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legally require them to do so. The agency employs about 100 people at the detention center.

But the Arizona Department of Health Services does have the legal authority to request employees’ vaccination records. They are particularly perplexed because doctors from the Department had offered free vaccines at the detention center and they held information sessions for employees.

No one has died yet from the outbreak but the disease is still not contained. One person who was infected was an immigrant who was recently released from the facility. Some are concerned that this could pose a danger to the local community. The last case to be confirmed was on July 2.

For years Arizona has struggled with the flow of migrants illegally crossing the border. Some residents have warned that migrants could import diseases to the U.S. But health officials have said that the issue isn’t the flow of migrants. The problem is the declining vaccination rate in Arizona.

http://www.nytimes.com/2016/07/13/us/measles-immigration-detention-center-arizona.html?_r=0

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5. News from the Courts

Results from the Appeal in the Flores v. Lynch Case

In 1997, the federal government entered into a settlement with Jenny Lisette Flores. The Settlement set a standard for the detention, treatment, and release of minors held by immigration authorities. The Settlement creates a presumption in favor of releasing minors and requires that those who are not released, be detained in licensed, non-secure facilities that meet certain standards.

In 2014, in response to the surge of undocumented Central American migrants crossing the U.S. border, many of them minors, the government opened family detention centers in Texas and New Mexico. But the detention and release policies at these centers failed to comply with the Settlement by holding accompanied minors in detention.

The government claimed that this was not a violation because the Settlement only applies to unaccompanied minors.

In 2015, Flores moved to enforce the Settlement, arguing that it applies to all minors held in immigration custody. The district court agreed, granted a motion to enforce and denied the government’s alternative motion to amend the Settlement. It also ordered the government to release parents of released accompanied minors.

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The government appealed the decision, challenging the district court’s ruling that the settlement applies to all minors. It also challenged the order to release parents and the court’s denial of the motion to modify the Settlement.

The appeal was heard before a panel in the U.S. District Court of Appeals for the Ninth Circuit. The panel stated that its primary objective in the case was to interpret the Settlement. The judges concluded that the Settlement unquestionably applies to both accompanied and unaccompanied minors, but it does not create release rights for accompanying parents. They also ruled that the district court was fully entitled to deny the government’s motion to amend the Settlement.

To view the full case, please click here.

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6. News Bytes

Changes to Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker

Form I-129 is filed at the California Service Center (CSC), the Vermont Service Center (VSC), or the Nebraska Service Center (NSC). The filing location depends on the requested nonimmigrant classification, requested action and the location of the temporary employment or training.

Some specific requested nonimmigrant classifications and requested actions are filed at one particular Service Center, regardless of where the company or organization’s primary office is located or where the beneficiary is or will be employed or trained.

Please refer to the I-129 Nonimmigrant Classification Chart with Filing Locations for information regarding your specific requested nonimmigrant classification and requested action. Some of the filing locations have recently changed.

Please note that H-1B extension petitions for the same employer without change should now be sent to the NSC. Cap exemption petitions should continue to be filed at the CSC.

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Report on 2015 State Immigration Laws Released

The National Conference of State Legislatures has released its report on 2015 state immigration laws. Throughout 2015, state lawmakers addressed a wide range of immigration issues. Immigration related legislation increased by 26% with 216 laws enacted. The number of resolutions passed was 274, a dramatic increase compared to 2014’s 117 resolutions.

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The policies cover a wide range of issues including education, identification documents, employment, voting, public benefits, licensing, health, human trafficking, law enforcement, and refugees. Additionally, 29 states and Puerto Rico adopted resolutions and 3 states created task forces to investigate other problems that might need to be addressed.

Regarding education, lawmakers in 16 states and Puerto Rico enacted 31 laws. Most of the laws addressed immigration and residency requirements for access to higher education, tuition, or financial assistance at educational institutions. In addition, some of the laws addressed licensing for teachers, classes for refugees, ESL classes, and classes on immigration. Seven states also added portions of the federal naturalization exam to high school civics curricula and testing requirements.

In the area of licensing, lawmakers in 18 states enacted 22 laws. The laws addressed many topics including driver’s licenses, firearm permits, and professional licenses. In Illinois, DACA recipients who have work authorization can now legally practice law. In Wyoming, bar applicants are no longer required to be U.S. citizens. Nebraska passed a law allowing DACA recipients to receive driver’s licenses.

To read the full report, please click here.

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Temporary Protected Status (TPS) Extended for El Salvador

The Secretary of Homeland Security has extended TPS for eligible nationals of El Salvador for an additional 18 months, effective September 10, 2016, through March 9, 2018. This extension also applies to individuals who last habitually resided in El Salvador but who aren’t nationals.

Current TPS El Salvador beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from July 8, 2016, through September 6, 2016.

The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Those who re-register during the 60-day period and request a new EAD will receive one with an expiration date of March 9, 2018.

USCIS recognizes that some re-registrants may not receive their new EAD until after their current work permit expires. Therefore, USCIS is automatically extending current TPS El Salvador EADs with a September 9, 2016 expiration date for six months. These existing EADs are now valid through March 9, 2017.

For more information, including re-registration instructions, please click here.

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USCIS Returns Unselected Fiscal Year 2017 H-1B Cap Subject Petitions

On July 8, 2016, USCIS announced that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected through the random selection process.

If you submitted an H-1B cap-subject petition between April 1 and April 7, 2016 and have not received a receipt notice or a returned petition by July 22, 2016, please contact USCIS for assistance.

https://www.uscis.gov/news/alerts/uscis-returns-unselected-fiscal-year-2017-h-1b-cap-subject-petitions

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EB-4 Visa Limits Reached for Special Immigrants from India

Beginning August 1, 2016, applicants from India who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, on or after January 1, 2010, will not be able to obtain an immigrant visa or adjust status until new visas become available.

India has reached its EB-4 visa limit for fiscal year 2016, which ends September 30. Information on EB-4 visa availability for fiscal year 2017 will appear in the Department of State’s October Visa Bulletin, which will be published this September.

Petitioners from any country, including India, may continue to file Form I-360. There is no annual limit on the number of Form I-360 petitions that USCIS may approve.

USCIS will accept submissions of Form I-485, Application to Register Permanent Residence or Adjust Status, under the EB-4 classification until July 31, 2016, and will continue to adjudicate applications while visas remain available.

For more information, please click here.

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7. Washington Watch

Obama Administration Asks SCOTUS to Rehear Immigration Case When Fully Constituted

On July 18, the Obama administration petitioned the Supreme Court for a rehearing in the case of United States v. Texas once a ninth justice is installed. The case examined the legality of Obama’s 2014 executive actions. His proposed DAPA program would have temporarily shielded four million immigrants from deportation and granted them the legal ability to work. His actions also would have allowed for an expanded version of the already

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existing DACA program. On June 23, SCOTUS announced that it had deadlocked on the case in a 4-4 tie.

The administration has acknowledged that it is rare for the Court to grant a rehearing. But they have emphasized that the Court has granted rehearings in several cases in the past, when a vacancy on the bench resulted in an equally divided Court. In some of those cases, the Court did not rehear arguments for six to eight months after it agreed to grant a rehearing. The administration has further noted in the late nineteenth century, there were several instances where a period of years elapsed between the time that a rehearing was a granted and the time rearguments were heard.

During this last term, SCOTUS deadlocked on four cases including United States v. Texas. Since the end of the term, two have petitioned the Court for a rehearing. The Court denied them both. But the Obama administration has argued that the need for a rehearing in United States v. Texas is more pressing. They argued that unlike in the other two cases, the question of the policy’s validity is unlikely to arise in any future case.

The petition has been lauded by the Center for American Progress. They emphasized the necessity of Supreme Court guidance in this case because the decision dramatically affects the lives of millions of people.

http://www.scotusblog.com/2016/07/obama-administration-asks-court-to-rehear-immigration-case/

https://www.americanprogress.org/press/statement/2016/07/18/141500/statement-cap-calls-on-a-full-supreme-court-to-grant-rehearing-in-dapadaca-immigration-case/

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8. In the News at ABIL Siskind Susser is excited to announce that Lynn Susser was recently elected to ABIL, the Alliance of Business Immigration Lawyers. ABIL is comprised of over 20 lawyers from top tier immigration practices with years of expertise and a comprehensive understanding of immigration law. For more information on ABIL, including a map of ABIL attorneys worldwide, visit their website at www.abil.com. The following articles are excerpts from ABIL’s monthly Immigration Insider, available here on their website.

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USCIS Launches 'Refresh' of InfoPass Appointment Scheduler

U.S. Citizenship and Immigration Services (USCIS) recently launched a "refresh" of InfoPass, an online system that allows users to schedule appointments at USCIS offices.

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New features include a mapping function that USCIS said makes it easier to find a local office in the United States and a visual style that matches the rest of uscis.gov, as well as a new web address.

The announcement is at https://www.uscis.gov/news/alerts/try-uscis-improved-infopass-appointment-scheduler. InfoPass is at https://my.uscis.gov/appointment.

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Various Categories Oversubscribed for August, State Dept. Reports

The Department of State's Visa Bulletin for the month of August 2016 reports that various employment-based categories are oversubscribed:

India E4 and certain religious workers categories. The bulletin notes that there has been extremely high demand in the EB-4 and SR categories, primarily for Juvenile Court Dependent cases filed with U.S. Citizenship and Immigration Services (USCIS) for adjustment of status. This has now required the implementation of E4 and SR Application Final Action Dates for India, which has reached its per-country limit. The bulletin says that this action will allow the Department to hold worldwide number use within the maximum allowed under the FY 2016 annual limits. The India EB-4 and SR dates will become Current for October.

The August bulletin reflects a final action date of January 1, 2010, for EB-4 visas for special immigrants from India. This means that starting on August 1, 2016, applicants from India who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant on or after January 1, 2010, will not be able to obtain an immigrant visa or adjust status until new visa numbers become available.

The July bulletin previously noted that the establishment of the EB-4 preference Final Action Date of January 1, 2010, "does not mean that applicants are now subject to a wait in excess of six years. That Final Action Date is intended only to stop any further use of numbers by applicants from those countries."

China and India EB-1 categories. The continued high level of demand for EB-1 visa numbers for USCIS adjustment of status applicants has required the establishment of a cut-off date for August, the bulletin states. This has been done in an attempt to hold number use within the Worldwide EB-1 annual limit. The EB-1 date for these two countries will once again become Current for October, the first month of fiscal year 2017, the bulletin notes.

Worldwide, El Salvador, Guatemala, Honduras, Mexico, and Philippines E2 categories. Continued high demand for numbers for USCIS adjustment of status applicants has required the establishment of a date for August, the bulletin notes. This action has been required to hold number use within the Worldwide EB-2 annual limit. The date for these countries will once again become Current for October, the first month of fiscal year 2017.

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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers (www.abil.com), of which Lynn Susser is an active member.

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9. Updates from the Visalaw.com Blogs Greg Siskind’s Blog on ILW.com

• Campaign 2016 Immigration Update • Campaign 2016 Immigration Update: July 11th • Campaign 2016 Immigration Update: July 10th • Immigrant of the Day: Martin Indyk – Diplomat • Immigrant of the Day: Hans Zimmer – Film Composer • Campaign 2016 Immigration Update – July 7th • Campaign 2016 Immigration Update – July 6th • Campaign 2016 Update

Bruce Buchanan's Blog on ILW.com

• Attorney and Spouse Forfeit $1 Million for Visa Fraud • Cawoods Scores Substantial Victory Against ICE • Roscoe's Big Mistakes • OCAHO Essentially Upholds ICE’s Penalties • OSC Settles with Macy’s Concerning Immigration-Related Discrimination Claim • Colorado Repeals Employment Verification Requirement • DOL Oversteps Its Authority - $330,000 in Back Pay Reversed • Immigration-Related Fines Drastically Increasing • OSC Settles Immigration Claim for $153,000

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10. State Department Visa Bulletin: August 2016 Number 95 Volume IX Washington, D.C

A. STATUTORY NUMBERS This bulletin summarizes the availability of immigrant numbers during August for: “Application Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required

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documentation to the National Visa Center. Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the "Dates for Filing Visa Applications" charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo. 1. Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by July 11th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored. 2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

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Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

A. APPLICATION FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Family- Sponsored

All Chargeability Areas Except Those Listed

CHINA-mainland born INDIA MEXICO PHILIPPINES

F1 22MAY09 22MAY09 22MAY09 08MAR95 22MAR05

F2A 15NOV14 15NOV14 15NOV14 01SEP14 15NOV14

F2B 08JAN10 08JAN10 08JAN10 08SEP95 15SEP05

F3 01DEC04 01DEC04 01DEC04 22OCT94 15MAR94

F4 15SEP03 01JAN03 01JAN01 15APR97 01FEB93

*NOTE: For August, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01SEP14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP14 and earlier than 15NOV14. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

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B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date. The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.

Family- Sponsored

All Chargeability Areas Except Those Listed

CHINA- mainland born INDIA MEXICO PHILIPPINES

F1 01JAN10 01JAN10 01JAN10 01APR95 22DEC05

F2A 22NOV15 22NOV15 22NOV15 22NOV15 22NOV15

F2B 08FEB11 08FEB11 08FEB11 22MAY96 01FEB06

F3 22AUG05 22AUG05 22AUG05 01MAY95 01AUG95

F4 15JUN04 15JUN04 01MAY04 01JUN98 15JUL93

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

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Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference. Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers". Fourth: Certain Special Immigrants: 7.1% of the worldwide level. Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

A. APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Employ- ment based

All Charge- ability Areas Except Those Listed

CHINA- mainland born

EL SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES

1st C 01JAN10 C 01JAN10 C C

2nd 01FEB14 01JAN10 01FEB14 15NOV04 01FEB14 01FEB14

3rd 15MAR16 01JAN10 15MAR16 08NOV04 15MAR16 15MAY09

Other Workers 15MAR16 01JAN04 15MAR16 08NOV04 15MAR16 15MAY09

4th C C 01JAN10 01JAN10 01JAN10 C

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Certain Religious Workers C C 01JAN10 01JAN10 01JAN10 C

5th Non-Regional Center (C5 and T5) C 15FEB14 C C C C

5th Regional Center (I5 and R5) C 15FEB14 C C C C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date. The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date

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may file their application. Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.

Employment- based

All Chargeability Areas Except Those Listed

CHINA- mainland born INDIA MEXICO PHILIPPINES

1st C C C C C

2nd C 01JUN13 01JUL09 C C

3rd C 01MAY15 01JUL05 C 01JAN13

Other Workers C 01AUG09 01JUL05 C 01JAN13

4th C C C C C

Certain Religious Workers C C C C C

5th Non-Regional Center (C5 and T5) C 01MAY15 C C C

5th Regional Center (I5 and R5) C 01MAY15 C C C

6. The Department of State has a recorded message with the cut-off date information for Final Application Action which can be heard at: (202) 485-7699. This recording is updated on or about the tenth of each month with information on final action dates for the following month.

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B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF AUGUST Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2016 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year. For August, immigrant numbers in the DV category are available to qualified DV-2016 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except Those Listed Separately

AFRICA CURRENT

ASIA CURRENT Except: Nepal: 7,100

EUROPE CURRENT

NORTH AMERICA (BAHAMAS) CURRENT

OCEANIA CURRENT

SOUTH AMERICA, and the CARIBBEAN CURRENT

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of

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entitlement for all applicants registered for the DV-2016 program ends as of September 30, 2016. DV visas may not be issued to DV-2016 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2016 principals are only entitled to derivative DV status until September 30, 2016. DV visa availability through the very end of FY-2016 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN SEPTEMBER For September, immigrant numbers in the DV category are available to qualified DV-2016 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except Those Listed Separately

AFRICA CURRENT

ASIA CURRENT

EUROPE CURRENT

NORTH AMERICA (BAHAMAS) CURRENT

OCEANIA CURRENT

SOUTH AMERICA, and the CARIBBEAN CURRENT

D. OVERSUBSCRIPTION OF THE INDIA EMPLOYMENT-BASED FOURTH (E4) AND CERTAIN RELIGIOUS WORKERS (SR) PREFERENCE CATEGORIES

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As readers were advised in the May Visa Bulletin number 92, there has been extremely high demand in the E4 and SR categories, primarily for Juvenile Court Dependent cases filed with U.S. Citizenship and Immigration Services for adjustment of status. Pursuant to the Immigration and Nationality Act, this has now required the implementation of E4 and SR Application Final Action Dates for India, which has reached its per-country limit. This action will allow the Department to hold worldwide number use within the maximum allowed under the FY-2016 annual limits.

The India E4 and SR dates will become CURRENT for October.

E. OVERSUBSCRIPTION OF THE CHINA AND INDIA EMPLOYMENT-BASED FIRST (E1) PREFERENCE CATEGORIES Readers were advised in item F of the July Visa Bulletin number 94, that it would be necessary to impose a date for these two countries no later than September. The continued high level of demand for E1 numbers for USCIS adjustment of status applicants has required the establishment of a date for August. This has been done in an attempt to hold number use within the Worldwide E1 annual limit. The E1 date for these two countries will once again become CURRENT for October, the first month of fiscal year 2017.

F. OVERSUBSCRIPTION OF THE WORLDWIDE, EL SALVADOR, GUATEMALA, HONDURAS, MEXICO, AND PHILIPPINES EMPLOYMENT-BASED SECOND (E2) PREFERENCE CATEGORIES Readers were advised in item F of the July Visa Bulletin number 94, that it was likely that a date would be imposed by September. Continued high demand for numbers for USCIS adjustment of status applicants has required the establishment of a date for August. This action has been required to hold number use within the Worldwide E2 annual limit. The date for these countries will once again become CURRENT for October, the first month of fiscal year 2017.

G. VISA AVAILABILITY Number use in the Worldwide F2A and F3 preference categories has increased dramatically, and is quickly approaching those fiscal year 2016 annual limits. Therefore, it may be necessary to retrogress those final application dates for the month of September. Any retrogression in the F2A and F3 preference categories would be temporary, with those dates returning to the latest reached during FY-2016 when the October dates are announced

H. OBTAINING THE MONTHLY VISA BULLETIN To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov and in the message body type:

Subscribe Visa-Bulletin (example: Subscribe Visa-Bulletin)

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To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa final action dates which can be heard at: (202) 485-7699. The recording is normally updated on/about the 10th of each month with information on cut-off dates for the following month. Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV (This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514 CA/VO: July 11, 2016

Siskind Susser PC – Immigration Lawyers 901-682-6455 or 800-343-4890