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Immigration News Briefs

By Humera Subhani Email By Humera Subhani
August 2016
Immigration News Briefs

Supreme Court Ruling on DAPA/DACA
On June 23, 2016, the U.S. Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). This means that a preliminary injunction temporarily halting the implementation of these initiatives stands. This ruling does not impact the original DACA program launched in 2012. However, it does have a disappointing impact on the millions of would-be eligible immigrants whose lives remain in limbo after the Court’s ruling.

In the coming weeks, the parties will make decisions about whether to seek rehearing at the Supreme Court or pursue other legal avenues. Although it is rare for the Supreme Court to grant a rehearing, the Court is more likely to rehear a case when a vacancy on the Court has prevented it from reaching a majority decision, as in this case. The case may ultimately go back to the district court.

USCIS Returns H1B Cases Rejected in Lottery
USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in the computer-generated random selection process. If you submitted an H-1B cap-subject petition between April 1 and April 7, 2016, and a receipt notice or a returned petition was not received by July 8, 2016, contact USCIS at www.uscis.gov/tools.

InfoPass System Updated for Problem Cases
USCIS revamped their InfoPass website which allows an applicant to schedule an appointment at one of their field offices, and a new mapping function easily locates these offices. If you cannot find answers to your questions on the general USCIS website, it is best to schedule an InfoPass appointment: for example, if you have not received expected government documents; if you found errors on documents sent by the government; if your employment or travel documents were not received during normal processing periods; in case of emergent travel; if you experienced delays of a pending case outside the standard processing times; or if you need answers to a specific case-related question not resolved at other levels (such as using the online tools at the USCIS website to make case inquiries). The new web address is: my.uscis.gov/appointment.

New H1B/L1 Bill Is Detrimental to Indian IT Companies
The H-1B and L-1 Visa Reform Act of 2016 introduced to the House of Representatives by Bill Pascrell (D-NJ) and Dana Rohrabacher (R-CA) would prohibit companies from hiring H-1B employees if they employ more than 50 people and more than 50% of their employees are H-1B and L-1 visa holders. The Wire reports that since the revenue model of most big Indian IT companies is heavily dependent on these visas in the US, such a bill is likely to have a major impact, if not sound a death knell, on their businesses.

The two sponsors of the bill come from the two American states which have the maximum concentration of Indian Americans. The lawmakers said the bill would close loopholes, reduce fraud and abuse, provide protections for American workers, require more transparency in the recruitment of foreign workers, and increase penalties on those who violate the law. To become law, the bill must pass the House and Senate and be signed by President Obama.

APPLICATION FINAL ACTION DATES FOR August  2016

 

FAMILY

India

Pakistan/Bangladesh

1st

22May09

22May09

2A

15Nov14

15Nov14

2B

08Jan10

08Jan10

3rd

01Dec04

01Dec04

4th

01Jan01

15Sep03

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

01Jan10

Current

2nd

15Nov04

01Feb14

3rd

08Nov04

15Mar16

Other

08Nov04

15Mar16

4th

01Jan10

Current

5th

Current

Current1B

 


DATES FOR FILING VISA APPLICATIONS - August 2016

 

FAMILY

India

Pakistan/Bangladesh

1st

01Jan10

01Jan10

2A

22Nov15

22Nov15

2B

08Feb11

08Feb11

3rd

22Aug05

22Aug05

4th

01May04

15Jun04

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

01Jul09

Current

3rd

01Jul05

Current

Other

01Jul05

Current

4th

Current

Current

5th

Current

Current1B

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-august-2016.html
[The article above contains additional material not in the print and digital issues.]

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