Executive Action - DACA and DAPA

On November 20, 2014, President Obama announced that he was instituting reforms to immigration by executive order since Congress failed to act.  The list of reforms is a long one, and I will try to post links to resources in a future post.  

Two major actions are the expansion of DACA (Deferred Action for Childhood Arrivals) and the creation of DAPA (Deferred Action for Parental Accountability).  DACA allows individuals who came as children, were educated here and have been here for five years to apply for employment authorization.  DAPA allows parents of U.S. Citizen or Lawful Permanent Resident children who came before January 1, 2010 and are not on a priority list for removal to be able to apply for employment authorization.

It is very important to know that no guidance on the new programs has been released.  No one can file an application right now (with the exception of people who fit within the old DACA criteria).  I urge people to beware of attorneys and notarios who area taking fees for applications that do not exist for a process that has not been fully described. 

We will be posting more on this over the next few days, weeks and months.   

Panoto v Holder - -1st Circuit asylum decision

In Panoto v. Holder, the First Circuit found that the BIA and IJ had erred in finding that the mistreatment endured by the Petitioner rose to the level of persecution.  Congratulations to Ilana Greenstein and Harvey Kaplan for an all too rare asylum victory in the First Circuit.

Panoto v Holder, No. 13-2269 (1st Cir. October 22, 2014)  http://media.ca1.uscourts.gov/pdf.opinions/13-2269P-01A.pdf

Graves & Doyle to Receive Pro Bono Award from PAIR Project

Kerry Doyle and I are honored to be receiving the PAIR Project's  Pro Bono Award at their annual gala on June 11, 2014.  PAIR is a remarkable organization that provides pro bono attorneys for asylum seekers, assists detainees with legal representation, coordinates a bond panel and provides "Know Your Rights" sessions for detainees among other great work.  I recommend their website and I particularly recommend making a donation. 

New Supreme Court Immigration Decison: Scialabba v. Cuellar DeOsorio. Bad news for backlogged children who have aged out

The Associated Press offers a concise and accurate summary of Monday's decision:

"A divided Supreme Court ruled Monday that most immigrant children who have become adults during their parents’ years-long wait to become legal permanent residents of the United States should go to the back of the line in their own wait for visas.
In a 5-4 decision, the justices sided with the Obama administration in finding that immigration laws offer relief only to a tiny percentage of children who “age out” of the system when they turn 21. The majority — tens of thousands of children— no longer qualify for the immigration status granted to minors.
The case is unusual in that it pitted the administration against immigration reform advocates who said government officials were misreading a law intended to keep families together by preventing added delays for children seeking visas."
  - Associated Press, June 9, 2014.

DACA Renewals

USCIS has just released updated information on renewing Deferred Action for Childhood Arrivals (DACA).  Information can be found here:  http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/renew-your-daca

Sadly, this indicates that immigration reform has gone nowhere -- either as a comprehensive package or with a piecemeal approach.   

H1B Cap reached for FY 2015 - random selection completed

As predicted, the H-1B cap was reached within the first five days of April.  According to USCIS, the random selection process has been completed.  The total number of applications received was 172,500 -- nearly triple the allotted amount.  Read about it here.  The increased demand by US companies for qualified, talented workers in specialty occupations is strongest argument for Congress to restore the cap numbers to something reasonable.

H-1B Cap Reached for FY2015

USCIS announced today that the FY2015 H-1B cap has been reached.  All complete applications which were received during the first five business days of this month will be placed in a lottery.  Those that are selected will be adjudicated.  Good luck.

USCIS press release

We have moved to 100 State Street

After 15 years on Franklin Street, we have just relocated our office to 100 State Street in Boston.   Our new space is closer to the JFK Federal Building which houses both the Boston USCIS office as well as the Boston Immigration Court.  Given the disruption, we are hoping that we will not move again for another 15 years. 

H-1B Season for FY-2015 is Approaching

It is mid-January and it is not too early for employers to begin thinking about the preliminary preparation for new H-1Bs for next year.  Applications should be ready to be filed so that they arrive at the Vermont Service Center on April 1, 2014 for employment to begin on October 1, 2014.  As the date approaches, USCIS will likely provide guidance on filing and whether there will be a range of dates like last year.  It appears likely, based on the economy and visa availability during the last two years, that the visa cap will be reached during the initial filing period.  More news to come.

Immigration Reform - Not Dead Yet?

As we enter 2014, there is still a slight glimmer of hope that the 113th Congress may yet address immigration reform.  The Senate passed a comprehensive bill last year, but the House has declined to take up the issue.  Speaker Boehner has recently sent signals that at least certain pieces may be addressed this year.  The New York Times published an interesting article yesterday: http://www.nytimes.com/2014/01/02/us/politics/boehner-is-said-to-back-change-on-immigration.html?_r=0 

I had written off the chances for reform several months ago, but as we approach the 2014 elections, there is apparently renewed interest.  And if there is reform, let's hope that Congress addresses:  family unity, backlogs in processing, H-1B visas and DREAMers.