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DHS Changes Rules for Asylum Work Permit Applications

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DHS issued a Final Rule on Monday modifying the regulation governing the time frames by which USCIS must adjudicate initial applications for employment authorization (colloquially known as work permits) filed by aliens seeking asylum, and by which aliens can request renewal of such “(c)(8) employment authorization”.   The Final Rule removes the 30-day deadline by,

DHS issued a Final Rule on Monday modifying the regulation governing the time frames by which USCIS must adjudicate initial applications for employment authorization (colloquially known as work permits) filed by aliens seeking asylum, and by which aliens can request renewal of such “(c)(8) employment authorization”.

 

  • The Final Rule removes the 30-day deadline by which USCIS was required to adjudicate initial (c)(8) applications. That deadline was created in 1997, when the then-INS received 52,217 affirmative asylum applications. By FY 2017, in contrast, USCIS received 141,638 such applications.
  • In FY 2013, USCIS received 41,021 initial applications for (c)(8) employment authorization. By FY 2019, the number of initial receipts had jumped to 216,038.
  • Although USCIS does not charge a fee for those initial (c)(8) applications, and despite the massive increase in such applications, in FY 2017 a federal district-court judge issued an injunction requiring USCIS to adjudicate those applications within the 30-day regulatory deadline.
  • The elimination of the 30-day deadline will discourage aliens from filing frivolous asylum applications after entering the United States illegally or overstaying their temporary nonimmigrant admissions in the hopes of living and working here indefinitely. It would also relieve USCIS from having to rubber-stamp (c)(8) applications.
  • The Final Rule also eliminates a requirement that aliens with (c)(8) authorization file for renewal within 90 days of the date of expiration, in line with earlier regulatory amendments.
  • On Friday, DHS will publish a separate Final Rule containing additional regulations relating to the issuance of a (c)(8) employment authorization, that will extend the wait time before an asylum applicant can apply for employment authorization from 150 days to 365 calendar days.

Full Story at: https://cis.org/Arthur/DHS-Changes-Rules-Asylum-Work-Permit-Applications

 

Source: DHS Changes Rules for Asylum Work Permit Applications

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THE H1B GUY NEWS (12/3/2021) H1B in Decline and Documented Dreamers in Limbo

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The H1B Guy News for the week ending December 3, 2021.

Topics:
H1B in Decline
Documented Dreamers in Limbo

The Number of Immigrant Workers With H1-B Visas Drops the Most in a Decade
https://www.bloomberg.com/news/articl…

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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SWA Job Order California: What is an EDD Number?

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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

DE 5614 EDD NUMBER PERM RECRUITMENT PERM ADS

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

UI Online FAQ

Register for UI Online

CalJobs Registration

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USCIS Allows I-765 NOA Approval Receipt Notice to Establish I-9 Employment Verification

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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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