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USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark

USCIS confirmed that it is no longer accepting service requests for I-765 applications that have been pending for more than 75 days unless the applications are outside of USCIS’s posted processing times.1:06 AM

USCIS Updates the H-2B Cap Count

As of March 31, 2016, USCIS had receipted 13,998 beneficiaries towards the 33,000 cap for the second half of FY 2016. This count includes 7,066 approved and 6,932 pending beneficiaries.

Taking too long to get the work permit?

The American Immigration Council, along with several co-counsel, has filed a class action lawsuit challenging USCIS’s failure to timely adjudicate applications for employment authorization documents (EADs) and to issue interim employment authorization.

Class Action Lawsuit filed on EAD’s

The American Immigration Council, along with several co-counsel, has filed a class action lawsuit challenging USCIS’s failure to timely adjudicate applications for employment authorization documents (EADs) and to issue interim employment authorization.

From El Salvador and did not receive your TPS?

USCIS updated its El Salvador Temporary Protected Status (TPS) webpage with a note indicating that, as of late September 2015, USCIS had approximately 6,000 El Salvador TPS renewal cases that remain pending and have not received a new employment authorization document (EAD) to replace the one that expired on September 9, 2015. On October 5, USCIS began the process of issuing interim EADs with a 180-day validity period for these cases. USCIS expects to issue final EADs by the end of December 2015.

Are you from Northern Mariana Islands?

The Department of Homeland Security (DHS) will allow up to 12,999 nonimmigrants in fiscal year (FY) 2016 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. DHS published the notice in today’s Federal Register.
Under the CW-1 program, employers in the CNMI can apply for temporary permission to employ foreign nationals who are ineligible for any existing employment-based nonimmigrant category under the Immigration and Nationality Act. The CW program is in effect until Dec. 31, 2019. DHS reduced the FY 2016 CW-1 limit by 1,000 to meet the CNMI’s existing labor market needs and provide opportunity for potential growth, while meeting a regulatory requirement to reduce the numerical limit each year.
Today’s announcement does not affect the status of current CW-1 workers unless their employer files for an extension of their current authorized period of stay. Approved petitions with an employment-start date between Oct. 1, 2015, and Sept. 30, 2016 will generally count towards the 12,999 limit. The numerical limit applies only to CW-1 principals. It does not directly affect anyone currently holding CW-2 status, which is for spouses and minor children of CW-1 nonimmigrants. However, CW-2 nonimmigrants may be indirectly affected because their status depends upon that of the principal CW-1.

Will the war affect my application?

Question: I wish the best for the troops of the U.S. in Iraq. My concern is that I have an application going forward with the Bureau of Citizenship and Immigration Services and am wondering if that will be affected. Also, I am having a friend coming into the U.S. for a visit. Will the war affect him?

Answer: It is hard to say what effect the war will have on the immigration processes. The reality is that if you or your friend are from a Muslim related country, you will most likely have to go through more security checks and will have more difficulty in obtaining the visa. Of course this is not always true, but a person whom wants a Visitor Visa from Syria will have a harder time obtaining that visa than one whom obtains a Visitor Visa through the Philippines.

As for an application you currently have, it should not be affected. For example, if you have a work permit petition through an employer, as long as you qualify for the petition and are not inadmissible under any grounds, there should not be a problem.

Question: This sounds like ‘profiling’ by the U.S. government. Is that legal?

Answer: In some respects you are correct. The U.S. government has targeted persons of Muslim countries to special register. They have deported many people who have specially registered, but are out of status. They have expelled diplomats from Iraq and have sought to detain persons from Muslim related countries who are seeking asylum.

The U.S. government does not seem to be targeting persons whom are not from Muslim related countries. However, as we are seeing, in wartime, many of the due process rights and constitutionally protected rights of certain persons are abrogated and diminished. That is why we have to constantly fight to keep the rights of those persons who are least able to fight for themselves. Yes, the U.S. government should do what it needs to do to protect its national security. However, in many cases, in the name of national security, measures are taken which end up violating certain civil liberties and constitutional protections. These violations unfortunately do nothing to protect the national security. Thus, we must fight for the rights of all immigrants in the U.S. Otherwise, what appears to be limited and small infractions of constitutionally protected rights on a few select people could eventually be directed to the more general population of the U.S.

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