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Immigration News Briefs

By Humera Subhani

August 2016

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