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USCIS Hasn’t Approved a Single Person for Liberian Legalization Program

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A program created in late 2019 to allow certain Liberian noncitizens in the United States to become lawful permanent residents (LPRs) is falling far short of its potential, according to a new report. The program in question is Liberian Refugee Immigration Fairness (LRIF), a provision of the National Defense Authorization Act for Fiscal Year 2020,

A program created in late 2019 to allow certain Liberian noncitizens in the United States to become lawful permanent residents (LPRs) is falling far short of its potential, according to a new report.

The program in question is Liberian Refugee Immigration Fairness (LRIF), a provision of the National Defense Authorization Act for Fiscal Year 2020 enacted on December 20, 2019.

A. Purpose and Background

Enacted on December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 included a provision, Liberian Refugee Immigration Fairness (LRIF), which provides an opportunity for certain Liberian nationals and their eligible family members to obtain lawful permanent resident (LPR) status.[1] After adjusting to LPR status under LRIF, some aliens would then immediately become eligible to apply for naturalization.

The $738-billion National Defense Authorization Act  was signed into law by President Trump would allow up to 4,000 Eligible Liberian nationals who were physically present in the United States since November 20, 2014, as well as their spouses and unmarried children, to apply for a green card under LRIF.

B. Legal Authority

  • Section 7611 (PDF) of the National Defense Authorization Act for Fiscal Year 2020 – Liberian Refugee Immigration Fairness[2]

C. Eligibility Requirements

To adjust to LPR status based on LRIF a Liberian principal applicant must meet the eligibility requirements shown in the table below.[3]

 

However, USCIS has yet to approve a single application under the program which launched four months ago according to a report from CLINIC and African Communities Together.

Recent data from USCIS shows that only 1,177 Liberians had applied for relief under LRIF as of April 17. This amounts to only 12 percent of eligible applicants. One can assume that the risks and hardships related to the coronavirus pandemic are distracting and obstructing more people from applying at this time.

The report also found that:

  • The top three states of residency for applicants so far are Minnesota (18%), Pennsylvania (16%), and Maryland (9%).
  • Just over half of applicants (54%) are over the age of 45.
  • 58% of applicants are female.

Moreover, recent estimates indicate that far more people are eligible for the program than previously thought. The report found that 10,000 Liberians, plus 300 of their family members, are eligible to apply for LPR status under the program. This is far more than a widely cited previous estimate that only 4,000 people were eligible to apply.

The situation is unlikely to improve given the severe budget problems currently being experienced by USCIS, which is requesting $1.2 billion in emergency funding from Congress and may soon furlough two-thirds of its workforce.

From 1991 to 2019, Liberia was continuously designated for Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) due to unsafe country conditions. However, Liberians in the United States who were protected from deportation under these temporary relief programs had no opportunity to acquire a more permanent status. LRIF was supposed to change that.

Currently, the deadline for eligible Liberians to apply for relief under LRIF is December 20, 2020. As the report correctly concludes, given USCIS adjudication delays, the impact of the COVID-19 pandemic, and the much larger number of potential applicants than previously anticipated, the December 2020 deadline should be extended for at least one additional year.

Source: USCIS Hasn’t Approved a Single Person for Liberian Legalization Program

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FLAG.DOL.GOV: Essential Resource for PERM Labor Certification Recruitment Compliance

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The Foreign Labor Application Gateway (FLAG) at https://flag.dol.gov/ serves as the Department of Labor’s comprehensive digital portal for employers seeking to hire foreign workers through various employment-based immigration programs. For employers navigating the complex PERM Labor Certification process, FLAG has become an indispensable tool that streamlines compliance with recruitment advertising requirements outlined in 20 CFR,

The Foreign Labor Application Gateway (FLAG) at https://flag.dol.gov/ serves as the Department of Labor’s comprehensive digital portal for employers seeking to hire foreign workers through various employment-based immigration programs. For employers navigating the complex PERM Labor Certification process, FLAG has become an indispensable tool that streamlines compliance with recruitment advertising requirements outlined in 20 CFR 656.17.

When conducting PERM recruitment activities, employers must meticulously document their good faith efforts to recruit U.S. workers before hiring foreign talent. FLAG integrates seamlessly with these requirements by providing a centralized platform to submit, track, and manage labor certification applications. The system specifically supports employers in demonstrating compliance with mandatory recruitment steps, including the placement of job orders with State Workforce Agencies, professional journal advertisements, and additional recruitment activities as specified under 20 CFR 656.17(e). By utilizing FLAG, employers can ensure their recruitment efforts align with Department of Labor standards, potentially reducing the risk of audit or denial during the PERM certification process.

PERM Recruitment Requirements and FLAG Integration

FLAG’s role in the PERM process becomes particularly valuable when addressing the specific recruitment documentation requirements of 20 CFR 656.17. The regulation mandates that employers conduct recruitment steps within 180 days of filing, including two Sunday newspaper advertisements, a 30-day job order with the State Workforce Agency, and three additional recruitment activities from a designated list. FLAG not only facilitates the proper filing of these recruitment efforts but also helps employers maintain the required recruitment report detailing lawful job-related reasons for rejecting U.S. applicants.

Recent updates to FLAG have enhanced its functionality for PERM applications, allowing employers to more efficiently upload supporting documentation, track prevailing wage determinations, and monitor case status in real-time. For immigration attorneys and HR professionals managing PERM cases, FLAG’s user interface provides critical visibility into the certification process, helping ensure that all regulatory requirements are met before and during the application period. As labor certification requirements continue to evolve, FLAG remains the authoritative platform for employers seeking to navigate PERM recruitment compliance successfully.

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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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