Business Immigration Monthly
Transcript of Business Immigration Monthly
Masuda Funai’s Business Immigration Monthly is provided as a free service of the firm regarding legal developments. It is not a substitute for legal
counseling and may constitute advertising material. © 2014 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved.
Business Immigration
Monthly
October 2014
TOPIC OVERVIEW
Green Card Lottery for FY2016 Opens
October 1st through November 3rd ................. 1-7
October 2014 Visa Bulletin Update .................. 7-8
United Airlines/Formerly Continental
Airlines Fined $270,000 for Re-Verification
of Lawful Permanent Residents in the I-9
Process ............................................................. 8-9
Grand America Hotels and Resorts Forfeits
Almost $2 Million to DHS for Hiring
Undocumented Workers .................................. 9-10
Employment Authorization and Deferred
Enforced Departure Extended for
Liberians ........................................................... 10
Department of Labor Releases Latest
Permanent Labor Certification Statistics ......... 10-11
CBP Designates 14 Ports of Entry for
Optimized TN and L-1 Processing ..................... 11
DOS Sheds Light on Future Availability of
Immigration Visas ............................................. 11-12
Temporary Protected Status Extended
and Redesignated for South Sudan ................ 12
MFEM NEWS
Mr. Bob White to Present at the NAFSA
Region V Conference in Grand Rapids,
Michigan ........................................................ 12-13
GREEN CARD LOTTERY FOR FY2016 OPENS OCTOBER
1ST THROUGH NOVEMBER 3RD
The U.S. Department of State (DOS) has released its
instructions for the Diversity Immigrant Visa Lottery Program
(DV-2016) for fiscal year 2016 (October 1, 2015 through
September 30, 2016). The Lottery Program for DV-2016
registration will be open for only 33 days from October 1,
2014 at noon (EDT) through close on November 3, 2014 at
noon (EST).
The DOS makes 50,000 “green cards” available annually to
persons from countries with low rates of immigration to the
United States. Applicants for Diversity Visas are chosen by a
computer-generated random lottery drawing. The DOS will
notify a participant’s selection exclusively online. Beginning on
May 5, 2015, applicants can check the status of their
registration online via Entry Status Check at
www.dvlottery.state.gov to determine whether they were
selected. Entry Status Check will also notify selected
procedures for the application process and will confirm
appointments for visa interviews. All entrants must check on
the DOS website via the Entry Status Check to determine
whether they have been selected to participate in the
Lottery. The Entry Status Check is the ONLY manner in
which entrants will be notified of their selection. The DOS
will NOT mail any correspondence to the selected
applicants nor will it send out an email. Furthermore, the
Entry Status Check will be the only way in which selected
individuals will be provided further instructions on
immigrant visa procedures.
The Diversity Visa “green cards” are available only to citizens of
countries with lower rates of immigration and no visas are
available to citizens of countries sending more than 50,000
© 2014 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 2
immigrants to the United States in the past five years. Within each region, no country may receive more
than 7% of the available Diversity Visa “green cards” in any one year.
Countries Ineligible to Participate in DV-2016 Lottery Program
For the DV-2016 Lottery Program, natives of the following countries are not eligible to apply because they
are the principal source countries of Family-Sponsored and Employment-Based immigration, or “high
admission” countries: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican
Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South
Korea, United Kingdom (which includes Anguilla, Bermuda, British Virgin Islands, Cayman Islands,
Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, Turks and Caicos Islands – but not Northern
Ireland) and Vietnam. Foreign nationals born in Hong Kong SAR, Macau SAR and Taiwan are eligible for
the Diversity Visa Lottery. A list of the countries whose natives are qualified for the DV-2016 Visa Lottery
Program is contained in Exhibit A below.
NOTE: There are no changes in the countries of eligibility from FY2015.
NOTE: Even if you were born in one of the ineligible countries you may still qualify for a Diversity
Visa if your spouse was born in an eligible country (and you are applying for the visa together) or
if one of your parents was either born in or at the time of your birth was a legal resident of an
eligible country.
Registration Procedures
The entries for the DV-2016 Lottery Program must be submitted electronically between noon (E.D.T.)
Wednesday, October 1, 2014 through noon (E.S.T.) Monday, November 3, 2014. The DOS will only
accept entries made on an electronic diversity entry form which will be available at
www.dvlottery.state.gov during the registration period. The DOS will not accept mail-in entries. Only
one entry by and for each person during each registration period is permitted. Receipt of more than one
entry per person will disqualify the person from registration, regardless of the source of the entry.
The procedures for submitting an entry in the DV-2016 Lottery Program are as follows:
Entry Form Contents. The DOS will only accept completed Electronic Diversity Visa Entry Forms
submitted electronically at www.dvlottery.state.gov during the registration period. All entries by an
applicant will be disqualified if more than one entry for the applicant is received, regardless of
who submitted the entry. The entry form will ask the applicant to submit the following information:
1. Full name; (exactly as shown on your passport);
2. Date of birth;
3. Gender;
4. City/town and Country of birth;
5. Country of eligibility or chargeability;
6. Photograph according to the specifications described below;
7. Current mailing address;
8. Country where you live today;
© 2014 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 3
9. Phone number (optional);
10. Email address;
11. Highest level of education completed;
12. Marriage status;
13. Number of children that are unmarried and under the age of 21 years of age and each child’s
information including name, date of birth, gender, city/town of birth, country of birth and
photograph that meets the previously described specifications (failure to list all children, who are
eligible, will result in disqualification of the principal applicant and refusal of all visas in the case at
the time of the visa interview); and
14. Spouse’s information, including name, date of birth, gender, city/town of birth, country of birth and
spouse’s photograph that meets the previously described specifications (failure to list your
spouse will result in disqualification of the principal applicant and refusal of all visas in the case at
the time of the visa interview).
Photograph Requirements. The entry will be disqualified if photographs are not submitted of the
applicant, his/her spouse and each child under the age of 21 (including all natural children as well as
legally-adopted and stepchildren, except a child who is already a U.S. citizen or lawful permanent
resident) even if the child no longer resides with the applicant and does not intend to immigrate under the
Lottery Program. The photographs must be submitted electronically with the entry form. Group or family
photos will not be accepted. There must be a separate photo for each family member. Each applicant,
his/her spouse and each child will therefore need a computer file containing his/her digital photograph
which will be submitted on-line with the entry form. The image file can be produced either by taking a new
digital photograph or by scanning a photographic print with a digital scanner. The submitted digital images
must conform to the following specifications:
New Digital Image
1. The image must be in the Joint Photographic Experts Group (JPEG) format;
2. The image must be in color - 24 bits per pixel (black and white or 8-bit images will not be
accepted);
3. The maximum image size accepted is 240 kilobytes (240KB);
4. The minimum dimensions accepted are 600 pixels (width) by 600 pixels (height) and the height
must equal the width;
Scanning a Submitted Photograph
5. Scanner Resolution must be at least 300 dots per inch (dpi);
6. The image must be in the Joint Photographic Experts Group (JPEG) format;
7. The maximum image file size accepted is 240 kilobytes (240KB);
8. Image resolution must be 600 by 600 pixels;
9. The image must be in color - 24 bits per pixel (black and white or 8-bit images will not be
accepted);
Additional Specifications
10. The applicant, spouse or child must be directly facing the camera;
11. The head of the person being photographed must directly face the camera and should not be
tilted up, down or to the side;
12. The head should cover about 50% of the area of the photograph;
© 2014 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 4
13. The photograph should be taken with the person being photographed in front of a neutral, light-
colored background (photographs taken with a very dark or patterned background will not be
accepted);
14. Photographs in which the face of the person being photographed is not in focus will not be
accepted;
15. Photographs in which the person being photographed is wearing sunglasses or other
paraphernalia which detracts from the face will not be accepted; and
16. Photographs of applicants wearing head coverings or hats are only acceptable due to religious
beliefs and still may not obscure any portion of the face of the applicant.
DOS Processing of Entries
After an applicant submits his/her entry, the DOS will send him/her an electronic confirmation notice of
receipt of a completed entry form. Applicants will be selected at random by computer from among
qualified entries. All entrants must check on the DOS website via the Entry Status Check whether
they have been selected to participate in the Lottery on or after May 5, 2015 through June 30,
2016. The Entry Status Check is the ONLY manner in which entrants will be notified of their
selection. The DOS will NOT mail any correspondence to the selected applicants nor will it send
out an email. The DOS normally notifies approximately 100,000 applicants that they have been selected
through the DV Lottery Program. However, only 50,000 “green cards” are available annually. The green
cards based upon the DV-2016 Lottery Program will be issued between October 1, 2015 and September
30, 2016. However, because more individuals will be registered than there are immigrant visas available,
a registered applicant who wishes to receive his/her immigrant visa must be prepared to act quickly after
being notified, especially if he/she is assigned a favorable lottery number in the random selection
process. The DOS emphasized that random selection in the lottery process does NOT guarantee that an
applicant will receive a “green card.”
Education or Work Experience Required
In order to qualify for a “green card” through the Diversity Visa Lottery Program, each applicant must have
at least a high school education or its equivalent or, within the past five years, have two years of work
experience in an occupation requiring at least two years of training. A high school education or its
equivalent is defined as successful completion of a 12-year course of elementary and secondary
education in the United States or successful completion in another country of a formal course of
elementary and secondary education comparable to a high school education in the United States.
Evidence of educational work experience should not be submitted with the lottery entry but must be
submitted to the consular official or U.S. Citizenship and Immigration Services (USCIS) officer at the time
of the visa or adjustment of status interview. In order to determine eligibility based on work experience,
definitions from the Department of Labor’s (DOL) O*Net On-Line database will be used.
DOS Does Not Charge to Enter the DV Lottery Program
There is no charge to enter the annual DV Lottery Program. The DOS does not employ outside
consultants or private services to operate the program. A qualified entry submitted electronically directly
by the applicant has an equal chance of being selected by the computer at the DOS Kentucky Consular
Center as does an entry submitted electronically through a paid intermediary who completes the entry for
the applicant. However, if an applicant or a paid intermediary submits more than one entry per person,
the person will be disqualified from the program. A special DV Lottery Case processing fee will be
© 2014 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 5
payable later by persons who “win” the lottery and are processed for a “green card” based upon the
lottery program.
EXHIBIT A
REGIONAL CLASSIFICATION OF COUNTRIES
ELIGIBLE FOR THE DV-2016 LOTTERY PROGRAM
Except as noted, the list below shows the countries qualified within each geographic region for the DV-
2016 Diversity Immigrant Visa Lottery Program.
Africa:
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Congo
Congo, Democratic Republic of
Cote D’Ivoire (Ivory Coast)
Djibouti
Egypt*
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Gambia, The
Ghana
Guinea
Guinea-Bissau
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Rwanda
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
South Africa
South Sudan
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zambia
Zimbabwe
* Persons born in the areas administered by Israel, Jordan and Syria prior to June 1967 are chargeable,
respectively, to Israel, Jordan and Syria. Individuals born in the Gaza Strip are chargeable to Egypt;
individuals born in the West Bank are chargeable to Jordan; individuals born in the Golan Heights are
chargeable to Syria)
NOTE: Individuals born in Nigeria are not eligible for DV-2016.
Asia:
Afghanistan
Bahrain
Bhutan
Brunei
Burma
Cambodia
Hong Kong Special Admin. Region*
Indonesia
Iran
Iraq
Israel*
Japan
Jordan*
Kuwait
Laos
Lebanon
Malaysia
Maldives
Mongolia
Nepal
North Korea
© 2014 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 6
Oman
Qatar
Saudi Arabia
Singapore
Sri Lanka
Syria*
Taiwan**
Thailand
Timor-Leste
United Arab Emirates
Yemen
*Natives of the following Asian countries do not qualify for this year’s Lottery Program: Bangladesh,
China (mainland-born), India, Pakistan, South Korea, Philippines and Vietnam. The Hong Kong S.A.R.,
Taiwan, and Macau S.A.R. do qualify.
Europe
Albania
Andorra
Armenia
Austria
Azerbaijan
Belarus
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark*
Estonia
Finland
France*
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Italy
Kazakhstan
Kosovo
Kyrgyzstan
Latvia
Liechtenstein
Lithuania
Luxembourg
Macau S.A.R.
Macedonia
Malta
Moldova
Monaco
Montenegro
Netherlands*
Northern Ireland**
Norway
Poland
Portugal*
Romania
Russia
San Marino
Serbia
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
Turkey
Turkmenistan
Ukraine
Uzbekistan
Vatican City
*Including components and areas overseas.
**Great Britain (United Kingdom); including: Anguilla, Bermuda, British Virgin Islands, Cayman Islands,
Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena and Turks and Caicos Islands does not
qualify. Northern Ireland does qualify.
North America
The Bahamas.
In North America, Canadian and Mexican natives do not qualify for this year’s Lottery Program.
Oceania
Australia* Fiji Kiribati
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Marshall Islands
Micronesia, Federated States of
Nauru
New Zealand*
Palau
Papua New Guinea
Samoa
Solomon Islands
Tonga
Tuvalu
Vanuatu
*Including components and dependent areas overseas.
South America, Central America, and the Caribbean
Antigua and Barbuda
Argentina
Barbados
Belize
Bolivia
Chile
Costa Rica
Cuba
Dominica
Grenada
Guatemala
Guyana
Honduras
Nicaragua
Panama
Paraguay
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the
Grenadines
Suriname
Trinidad and Tobago
Uruguay
Venezuela
Natives of the following countries do not qualify for this year’s Lottery Program: Brazil, Colombia, Dominican
Republic, Ecuador, El Salvador, Haiti, Jamaica, Mexico and Peru.
OCTOBER 2014 VISA BULLETIN UPDATE
The Department of State (DOS) released its October 2014 Visa Bulletin which shows the availability of
employment-based immigrant visa categories for the month of October. Below is a summary of the bulletin
highlights:
The EB-2 India category has stalled at May 1, 2009 after a significant advancement from January 22,
2009 in the August bulletin. In this month’s bulletin, the DOS predicts that this category will have to be
retrogressed, as early as November, to accommodate increased subscription.
The EB-2 China category advances slightly from October 8, 2009 to November 15, 2009.
The EB-3 India category advances only a few days from November 8, 2003 to November 15, 2003.
The EB-3 World, Mexico and Philippines categories advanced significantly from April 1, 2011 to
October 1, 2011.
The EB-3 China category shows significant advancement from November 1, 2008 to April 1, 2009.
Please note that month-to-month availability of immigrant visas varies and depends on many factors. These
forecasts do not guarantee future availability.
Comparison to Prior Months
The following is a comparison of priority date movement since the inception of the current retrogression in 2007:
Dec
2007 Jun 2008
Aug
2009 Sept 2012 May 2013 Sept 2014 Oct 2014
EB-3 09/01/02 03/01/06 U 10/01/06 12/01/07 04/01/11 10/01/11
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World
EB-2
China 01/01/03 04/01/04 10/01/03 U 05/15/08 10/08/09 11/15/09
EB-3
China 10/15/01 03/22/03 U 12/15/05 12/01/07 11/01/08 04/01/09
EB-2 India 01/01/02 04/01/04 10/01/03 U 09/01/04 05/01/09 05/01/09
EB-3 India 05/01/01 11/01/01 U 10/08/02 12/22/02 11/08/03 11/15/03
EB-3 Other
Workers 10/01/01 01/01/03 U 10/01/06 12/01/07 04/01/11 10/01/11
Additional information about the movement of the employment-based immigrant visa priority dates will be
contained in our firm's future Immigration Updates when it becomes available.
UNITED AIRLINES/FORMERLY CONTINENTAL AIRLINES FINED $270,000 FOR RE-VERIFICATION OF
LAWFUL PERMANENT RESIDENTS IN THE I-9 PROCESS
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (“Office of Special
Counsel”) and United Continental Holdings, Inc./United Airlines, Inc. (“United Airlines”), now United Airlines and
formerly Continental Airlines settled claims over violations that Continental Airlines allegedly violated provisions
of the Immigration and Nationality Act (“INA”) relating to Employment Eligibility Verification. Specifically, the
airline is alleged to have requested more documents of US lawful permanent residents in that it unlawfully
reverified their employment authorization documents. The claims resulted from an investigation dating from July
2013 and were only limited to Continental Airlines’ practices and not United Airlines.
The airline disputed the charges and settled the claims for $270,000. Of this amount $55,000 was set aside as
a fund for Continental Airlines employees that were negatively affected by the airlines’ practices. The airline
must notify these employees and send them a Back Pay Notice Letter providing them an opportunity to come
forth and receive compensation for their damages. Additionally, as part of the settlement, the airline agreed to:
Not engage in discriminatory practices on the basis of national origin or citizenship;
Not request more documents than are necessary in the Employment Eligibility Verification process;
Accept documents that appear to be facially valid;
For a period of two years, ensure that employees that are responsible for administering the
Employment Eligibility Verification process have the most current version of the Form I-9 Employer
Handbook;
Ensure that employees that are responsible for administering the Employment Eligibility Verification
process receive adequate training;
Review and revise its internal employment practices to ensure that they do not violate the INA;
Notify the Office of Special Counsel of any changes to employment practices and allow the Office to
comment;
Ensure that the airlines’ internal reporting software does not include the expiration of Permanent
Resident Cards; and
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For a period of two years, provide the Office of Special Counsel with a list of all employees with expiring
employment authorization that must be reverified with the Office reserving the right to inspect these
Forms I-9.
All employers in the United States must verify the employment authorization of each employee hired after
November 6, 1986. This employment verification process is completed via the Form I-9, Employment Eligibility
Verification. This process is to ensure that US employers are hiring only individuals who have valid
authorization to work in the United States. As part of the I-9 process, employees must indicate in Section 1 of
the Form I-9 whether they are US citizens, US noncitizen nationals, Lawful Permanent Residents or Aliens with
limited employment authorization. Lawful permanent residents have permanent authorization to work in the
United States and therefore should not have their employment authorization reverified. Many employers are
confused by this because many lawful permanent residents provide a Form I-551 Permanent Resident Card
that contains an expiration date.
GRAND AMERICA HOTELS AND RESORTS FORFEITS ALMOST $2 MILLION TO DHS FOR HIRING
UNDOCUMENTED WORKERS
The Grand America Hotels and Resorts (“Grand America”) which owns hotels and resorts in Utah, Wyoming,
Arizona, California and Idaho must forfeit almost $2 million to the Department of Homeland Security (“DHS”)
after it was found to have hired undocumented workers, terminated them and then rehired them through
temporary staffing agencies. The US Attorney’s office in Utah and the US Immigration and Customs
Enforcement (“ICE”) settled the claims with Grand America which resulted from an investigation dating back to
2010. After Grand America was warned in a Form I-9 audit that it was hiring unauthorized workers, the
company terminated the workers and then rehired about a third of them, in many instances using fraudulent
names or Social Security numbers, through a series of temporary staffing agencies that Grand America itself
established.
This case is a clear warning and example of how not to proceed if your company is audited by ICE or any other
government agency. It is surprising that Grand America’s management and decision-makers were not criminally
charged. Grand America was first audited by ICE in 2010. This audit resulted in a finding of approximately 130
undocumented employees. Grand America terminated these employees in 2011 after it received a warning
notice from ICE. A year later, ICE found that Grand America rehired many of these employees through staffing
agencies that the company created. At that point, search warrants were issued and Grand America agreed to
cooperate with the investigation in exchange for the US Attorney not filing criminal charges against the
company and its management. As a result of the settlement, and in addition to the $2 million forfeiture, Grand
America must complete extensive remedial measures concerning its employment practices and training of staff
in charge of the Employment Eligibility Verification process and E-Verify process.
Government audits and investigations relating to the Employment Eligibility Verification process are on the rise.
Every year there is a record number of audits and unfortunately company self-audits are not sufficient to root
out training deficiencies or practices and policies that appear to be lawful, as in the Continental Airlines case,
but are in fact fines and unwanted press waiting to materialize. It is notable that the airline was not in fact fined
for hiring undocumented workers, but was fined for not complying with the laws relating to Employment
Eligibility Verification. Employers should be aware that the vast majority of fines in this area are assessed for
© 2014 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 10
“paper” violations, e.g., failure to prepare the I-9 or properly complete it. Although a relatively simple form on its
face, the I-9 is a minefield of liability. Employers should note that it may only be a matter of time before the
Office of Special Counsel or ICE knocks on your door. If your company has questions or concerns on the
Employment Eligibility Verification process or employment practices in general, please contact us.
EMPLOYMENT AUTHORIZATION AND DEFERRED ENFORCED DEPARTURE EXTENDED FOR
LIBERIANS
DHS announced this week that it has extended employment authorization and Deferred Enforced Departure
(“DED”) for qualifying Liberians. President Obama announced that the administration would extend DED for
qualifying Liberians through September 30, 2016. The extension will enable individuals who are already
covered by DED to retain this protection and will permit eligible Liberians to continue to work while they file their
applications. The US Citizenship and Immigration Services (“USCIS”) will issue a notice in the Federal Register
which will provide information on the automatic extension of employment authorization and instructions on how
eligible Liberians can apply for a new Employment Authorization Document valid through September 30, 3016.
Currently, the employment authorization of Liberians covered under DED will expire on September 30, 2014.
Through the publication of a notice in the Federal Register, the DHS will automatically extend their employment
authorization for six months through March 30, 2015. This automatic extension will allow covered Liberians to
apply and receive new employment authorization documents valid through September 30, 2016. Once issued, a
copy of the Federal Register Notice granting this automatic extension of employment authorization will be
sufficient documentation for Form I-9, Employment Eligibility Verification, purposes and will demonstrate
employment authorization from October 1, 2014 through March 30, 2015. Employers should re-verify the
employment authorization of these individuals shortly before March 30, 2015. At that point, these individuals
must provide a valid employment authorization document in order to continue to demonstrate their ability to
continue working in the United States.
Similar to Temporary Protected Status, DED allows eligible individuals to remain in the United States for limited
periods of time according to directives issued by the US President. DED provides certain protections to
nationals of the designated country such as protection from removal from the United States, eligibility for an
employment authorization document and travel authorization. DED is not a path to US lawful permanent
residence. Currently only Liberia is designated for DED.
DEPARTMENT OF LABOR RELEASES LATEST PERMANENT LABOR CERTIFICATION STATISTICS
The Department of Labor (DOL) recently issued its statistics for the fourth quarter of fiscal year 2014 through
August 31, 2014 for the Permanent Labor Certification Program. So far, the DOL received 14,314 applications,
certified 10,253, denied 861 and had 666 applications withdrawn. In evaluating the DOL trends from fiscal year
2012 to the present the denial rate is currently at 8% from around 11% at the beginning of the fiscal year and
the appeals rate has almost tripled doubled from fiscal year 2012 from 3% to its current 9%. Audit rates have
decreased from 45% at the end of fiscal year 2012, but are on the rise at 29% currently from 25% for the first
quarter of Fiscal Year 2014. Fiscal year 2012 was the last year in which the DOL issued any statistics on the
amount of applications in supervised recruitment.
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The majority of PERM applications continue to be filed in the Computer and Mathematical fields followed by the
following fields: Architecture and Engineering, Management, Business and Financial Operations, and
Education, Training and Library. The states that list the most work sites in decreasing order are: California,
Texas, New York, New Jersey and Washington. The Professional, Scientific and Technical Services remains
the top industry, followed by Manufacturing, Information, Educational Services and Finance and Insurance. The
top visa classifications are H-1B, L-1, F-1 and TN. The countries with the highest application rates are India,
China, Canada, South Korea and Philippines.
CBP DESIGNATES 14 PORTS OF ENTRY FOR OPTIMIZED TN AND L-1 PROCESSING
The US Customs and Border Protection (CBP) has designated 14 ports of entry where it plans to optimize the
processing of Canadian TN NAFTA Professionals and L-1 Intracompany Transferees. The goal is to process
these admissions more efficiently. Canadian TN and L-1 nonimmigrants are visa-exempt and can apply in either
of these classifications directly at a Class A port of entry or at a Preclearance/Preflight facility. TN and L-1
nonimmigrants can continue to apply for admission at other qualifying ports of entry and are not limited to these
designated ports. The designated ports for optimized processing are: Lester B. Pearson International Airport,
Trudeau International Airport, Vancouver International Airport, Calgary International Airport, Highgate Springs
Ports of Entry, Derby Line Port of Entry, Alexandria Bay Port of Entry, Peace Bridge Port of Entry, Rainbow
Bridge Port of entry, Champlain Port of Entry, Detroit Canada Tunnel Port of Entry, Detroit Ambassador Bridge
Port of Entry, Blaine Peace Arch Port of Entry, and Sweetgrass Port of Entry. The exact locations of each of
these designated ports of entry and days and hours of operation can be found at:
http://www.cbp.gov/travel/international-visitors/canada-mexico-travel/traveling-tn-or-l-1-visa-canada
DOS SHEDS LIGHT ON FUTURE AVAILABILITY OF IMMIGRANT VISAS
The DOS’ Chief of the Visa Control and Reporting Division, Charlie Oppenheim, recently shared extensive
information on the future availability of immigrant visas (green cards). The DOS is the government agency that
controls and tracks the annual quotas on the issuance of green cards. Each month the DOS issues the Visa
Bulletin which outlines the availability of green cards for that month. A summary of Mr. Oppenheim’s comments
is listed below:
1) EB-2 India – Mr. Oppenheim predicts that this category will retrogress as early as November 2014.
This is due to the increased demand for green cards in this category as Indian nationals upgrade their
EB-3 petitions to EB-2. As of October 2014, the category is set at May 1, 2009. Currently, there are no
more green cards available in the EB-2 India category for the remainder of Fiscal Year 2014. Although
technically the category is “unavailable” the US Citizenship and Immigration Services (USCIS) can
continue to accept Forms I-485, Applications to Register Permanent Residence or Adjust Status for
individuals with priority dates prior to May 1, 2009. These Forms I-485 will be held until additional green
cards become available on October 1, 2014 with the start of the new fiscal year.
2) EB-5 China - As noted in our August 28th Update, similarly to the EB-2 India category, the EB-5 China
category is also currently “unavailable.” What is notable is that this is the first time that the annual cap
of 10,000 has been met in the 24 years that the category was created. The DOS has indicated that the
USCIS will continue to accept and process Forms I-485 holding them until October 1, 2014 with the
© 2014 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 12
start of the new fiscal year. Mr. Oppenheim also stressed the potential need to cut-off the EB-5 China
category during the FY2015 as early as May 2015 due to the continued increase in demand.
Philippines - The demand for the employment based categories for Philippines continues to decrease.
Currently, the EB-3 and “Other Worker” categories have priority dates of October 1, 2011. The DOS is trying to
spur demand in this category, but has been unsuccessful. Mr. Oppenheim predicts that this category will
continue to advance until there is more demand, but it may have to be cut-off if demand increases.
TEMPORARY PROTECTED STATUS EXTENDED AND REDESIGNATED FOR SOUTH SUDAN
The Department of Homeland Security (DHS) announced this week that it has extended the designation of
South Sudan and that it is redesignating South Sudan for Temporary Protected Status (TPS) from November 3,
2014 to May 2, 2016. The extension will enable individuals who are already covered by TPS to retain this
protection and the redesignation will permit eligible South Sudanese nationals who have been continuously
living in the in the United States since September 2, 2014 to apply for TPS. Furthermore, individuals who are
covered by TPS will be able to apply for a new employment authorization document. Eligible individuals will
have to re-register for TPS from September 2, 2014 to November 3, 2014 and will be issued employment
authorization documents with an expiration of May 2, 2016. Individuals can find more information, including the
applications for TPS at: http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-
departure/temporary-protected-status
DHS is automatically extending the employment authorization for eligible individuals for six months (May 2,
2015) in order to allow them to apply and receive their new employment authorization documents. A copy of the
Federal Register Notice granting this automatic extension of employment authorization is sufficient
documentation for Form I-9, Employment Eligibility Verification, purposes. The copy of the Notice can be found
at: http://www.aila.org/content/fileviewer.aspx?docid=49953&linkid=279933 Employers should re-verify the
employment authorization of these individuals prior to May 2, 2015. At that point, the individuals must provide a
valid employment authorization document in order to continue to demonstrate their ability to continue working in
the United States.
The DHS designates a country for TPS when conditions in the country are dangerous. This may be due to
armed conflict, environmental disasters or other temporary events. TPS provides certain protections to
nationals of the designated country such as protection from removal from the United States, eligibility for an
employment authorization document and travel authorization. TPS is not a path to US lawful permanent
residence. The following countries are currently designated by the DHS for TPS: El Salvador, Haiti, Honduras,
Nicaragua, Somalia, Sudan, South Sudan and Syria.
MFEM NEWS
Mr. Bob White to Present at the NAFSA Region V Conference in Grand Rapids, Michigan
Mr. Bob White, a partner in Masuda Funai’s Immigration Group, will be leading an immigration panel during the
2014 NAFSA: Association of International Educator’s Region V conference being held in Grand Rapids,
© 2014 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 13
Michigan. Mr. White’s panel is titled “Immigration Vortex – Surviving the Dysfunctional Immigration System.”
Mr. White will be presenting this panel with Ms. Amy Benck of the Illinois Institute of Technology and Ms.
Lauren Nehlsen of the Elgin Community College. The panel will be discussing current and upcoming
immigration issues with the F-1 program and H-1B program. The panel will be held on Thursday, October 30,
from 9:30 a.m. to 10:45 a.m.
For more information about this or any other immigration law topic, please contact Bob White, at 847.734.8811
or via email at [email protected].
Weekly Immigration Updates are provided under the Legal Update link of the Immigration Group Section of our
firm’s website at www.masudafunai.com.
About the Immigration Group
The Immigration Group of Masuda Funai provides
immigration representations to publicly traded
companies, privately held corporations, educational
institutions, not-for-profit organizations and
individuals in business immigration matters. As one
of the larger immigration groups in the United
States, we annually file more than 2,500 petitions on
behalf of approximately 275 different corporate
employers from such diverse industries as
automotive-related, computer consulting, machine
tool manufacturing, electronics, construction and
equipment, banking and financial, health care and
high tech.
Attorneys in the Immigration Group include:
About Masuda Funai
Masuda, Funai, Eifert & Mitchell is a full-service law
firm representing international and domestic
companies operating and investing in the United
States. Our 40 attorneys located in Chicago,
Schaumburg and Los Angeles counsel clients in
every aspect of business, including establishing,
acquiring, and financing operations; ownership,
development and leasing of real estate; transfer of
overseas employees to the U.S.; employment, labor,
and benefits counseling and dispute resolution;
intellectual property, copyright and trademark;
business litigation; creditors' rights and business risk
management; structuring the distribution and sale of
products and services throughout the U.S.
Kathleen M. Gaber, Chair Esther Contreras Bryan Y. Funai Colin Hara Eldon Kakuda
Dayne Kono Stephen M. Proctor Fazila Vaid Robert S. White
CHICAGO
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Suite 2500
Chicago, Illinois 60601-1262
TEL 312.245.7500
FAX 312.245.7467
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19191 South Vermont Avenue
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Torrance, California 90502-1051
TEL 310.630.5900
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200 North Martingale Road
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Schaumburg, Illinois 60173-5485
TEL 847.734.8811
FAX 847.734.1089
www.masudafunai.com