More reform to the immigration system is on tap. This time not good news for…
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Trump puts ‘hold’ on green card requests in and out of the US
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On April 23rd, 2020 President Donald Trump signed an executive order that temporarily suspended the approval of green card requests. This was originally addressed to immigrants abroad seeking U.S. residency. But now the Trump administration has added green card applicants already living in the USA to the list.
The proclamation will affect:
- Spouses and minor children (under 21) of green card holders (lawful permanent residents) filing from outside the United States (“consular processing”)
- Parents, siblings, and adult children (21 years and older) of U.S. citizens filing from outside the United States.
- All employment-based green cards except the immigrant investors (EB-5)
- Diversity Visas
- Any green card applicant filing from within the United States (“adjustment of status“)
The proclamation will not affect:
- Spouses or minor children (under 21) of U.S. citizens
- Special Immigrant Visas
- EB-5
- Temporary visas (H1-B visas, student visas, etc.
Why is Trump doing this?
The president says he is seeking to protect American jobs after more than 20 million Americans have lost their jobs amid the pandemic.
The president has said the government had a “solemn duty” to ensure they regain work.
President Donald Trump
“General Hold” will remain in effect
USCIS recently told its employees that a “general hold” on permanent residency applications filed from immigrants within the United States will remain in effect. But USCIS’s updated list of exemptions to the hold is not so clear as to when it was originally put into effect.
Exemptions to the hold will include applications from medical providers, allowing immigration officers to submit applications related to emergent or sensitive matters. Any other matter will be reviewed by their supervisor.
Also, since the suspension of in-person services, the processing of green cards has definitely been impacted by either slowing down applications or coming to a complete halt. Furthermore, their plans to continue naturalization ceremonies have also come to a halt.
USCIS said, “We’re conducting emergent adjustment of status interviews and cases related to fighting COVID-19 and will begin to resume other in-person services in the future.”
USCIS
Recently USCIS acknowledged they received guidance on the hold which had ties to President Trump. The material was posted on an internal webpage pertaining to Donald Trump’s executive order which suspended the most entries from immigrants abroad. But later USCIS said it contained incorrect information and has since been taken down.
“The dates in the post and the reference to the executive order were incorrect,” the agency said. “This post has been removed and does not reflect current adjudication guidance.”
USCIS
What’s going to happen to USCIS ?
According to the AFGE Local 1924, 70 percent of the agency’s workforce is expected to be laid off if Congress refuses to provide the USCIS its requested $1.2 billion emergency fund. The funds were requested due to a lack of applications being processed during the pandemic. Notices of temporary layoffs due to the coronavirus are expected to go out as early as next week.
Will this effect employers?
Employers shouldn’t stress on any additional disruption to their foreign employee workforces due to this Proclamation because the operations have already been disrupted. In fact, the State Department had already suspended visa processing services at all US Consulates and US embassies outside of the US, including green cards, so this Proclamation was unnecessary.
Furthermore, Most companies are well-advised to file their employee’s visa extensions far in advance with USCIS to maximize their legal status and work authorization in the event of administrative disruption such as this. In fact, most extensions can be filed up to six months in advance giving them an automatic 240-day extension as soon as it’s filed. This allows their employees to continue working while the extension is being processed.
How long will the hold be in effect?
As of now, the order is in effect since April 23 and the Trump administration said they would reassess after 50 days whether or not they would continue the hold.
Sources:
New York Times, Washington Post, Los Angeles Times, Times of London, Lonely Planet Guides, Library of Congress, Compton’s Encyclopedia, The Guardian, National Geographic, Smithsonian magazine, The New Yorker, Time, Newsweek, Reuters, AP, AFP, Wall Street Journal, The Atlantic Monthly, The Economist, Global Viewpoint Christian Science Monitor, Foreign Policy, Wikipedia, BBC, CNN, NBC News, Fox News and various books and other publications.
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The H1B Guy News for the week ending December 3, 2021.
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H1B in Decline
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The Number of Immigrant Workers With H1-B Visas Drops the Most in a Decade
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Ross, Padilla Lead 49 Colleagues in Urging DHS to Expand DACA Eligibility to Documented Dreamers
https://ross.house.gov/media/press-re…
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What is an EDD Number? An EDD Number is technically the state unemployment insurance identification number that the Employment Development Department of California issues a company. Here’s a visual example from the UI Online FAQ: How do I register for an EDD Number? To register for an EDD Number (in California) use this link: https://www.edd.ca.gov/payroll_taxes/e-Services_for_Business.htm,
What is an EDD Number?
An EDD Number is technically the state unemployment insurance identification number that the Employment Development Department of California issues a company.
Here’s a visual example from the UI Online FAQ:
How do I register for an EDD Number?
To register for an EDD Number (in California) use this link: https://www.edd.ca.gov/payroll_taxes/e-Services_for_Business.htm
The EDD Number form will look like this when you receive it. (see below image)
It’s on a form known as DE-5614. Click here for a PDF sample: https://www.edd.ca.gov/pdf_pub_ctr/de5614.pdf
How do I find my company’s EDD Number?
Per the EDD do as follows:
All Unemployment Insurance customers who file a new claim will automatically receive their Employment Development Department (EDD) Customer Account Number (DE 5614) letter within 10 business days of filing.
If you have lost, misplaced, or never received your EDD Customer Account Number, contact the EDD:
Online: Go to Ask EDD and select the category Unemployment Insurance Benefits, the sub category UI Online, and the topic EDD Customer Account Number. Select Continue at the bottom of the page to begin the process of submitting your message.
By Phone: Call 1-800-300-5616 from 8 a.m. to 8 p.m. (Pacific time), seven days a week.
Why do I need an EDD Number for PERM Recruitment?
What else can I use my EDD Number for?
UI Online
Register for UI Online
CalJobs Registration
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Enforcement / ICE / DHS
USCIS Allows I-765 NOA Approval Receipt Notice to Establish I-9 Employment Verification
We have great news for our readers. On August 19, 2020, the United States Citizenship and Immigration Services (USCIS) issued an important announcement for applicants whose Form I-765 Application for Employment Authorization has been approved, but who have not yet received their employment authorization document (EAD card) by mail. What’s this all about Since the,
We have great news for our readers. On August 19, 2020, the
United States Citizenship and Immigration Services(USCIS) issued an important announcement for applicants whose Form I-765 Application for Employment Authorization has been approved, but who have not yet received their employment authorization document (EAD card) by mail.
What’s this all about
Since the emergence of the Coronavirus outbreak, there has been significant delays affecting the production of certain Employment Authorization Documents also known as EAD cards, which permit an applicant to obtain lawful employment in the United States, a driver’s license, and other important documentation such as a Social Security number.
These delays have caused hardships for applicants and created additional obstacles to finding employment during an already difficult economic time.
The good news is that USCIS is providing temporary relief for applicants who have received an approval notice, but have not yet received an employment authorization document (EAD card) in the mail.
Due to the unprecedented and extraordinary circumstances caused by COVID-19, USCIS will allow foreign nationals to temporarily use their Form I-797 Notice of Action, with a notice date on or after December 1, 2019 through August 20, 2020, informing the applicant of the approval of their I-765 Application for Employment Authorization, as evidence of Form I-9, Employment Eligibility Verification.
In other words, individuals can now provide employers with the I-797 Notice of Action, receipt of approval of the Form I-765 Application for Employment Authorization, in order to qualify for lawful employment.
Pursuant to the announcement, the Notice of Action is now considered a List C #7 approved document that establishes employment authorization issued by the Department of Homeland Security, even though the Notice states that it is not evidence of employment authorization.
Accordingly, employees can present Form I-797 Notice of Action showing approval of their I-765 application as a list C document for Form I-9 compliance until December 1, 2020.
For I-9 completion, employees who present a Form I-797 Notice of Action described above for new employment must also present their employer with an acceptable List B document that establishes identity. The Lists of Acceptable Documents is on Form I-9. Current employees who require reverification can present Form I-797 Notice of Action as proof of employment authorization under List C.
We believe this is a step in the right direction and hope that USCIS can quickly and efficiently resolve the EAD backlogs as soon as possible.
For more information on acceptable documentation for verifying employment authorization and identity please click here.
Source: USCIS Allows I-765 NOA Approval Receipt Notice to Establish I-9 Employment Verification
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