DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

Release Date: February 24, 2015

    

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” Rodríguez said. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

• Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or 

• Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

DHS expects this change will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status, and facilitate their integration into American society. As such, the change should reduce certain disincentives that currently lead H-1B nonimmigrants to abandon efforts to remain in the United States while seeking lawful permanent residence, which will minimize disruptions to U.S. businesses employing them. The change should also support the U.S. economy because the contributions H-1B nonimmigrants make to entrepreneurship and science help promote economic growth and job creation. The rule also will bring U.S. immigration policies more in line with those laws of other countries that compete to attract similar highly skilled workers.

Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.

USCIS estimates the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years. USCIS reminds those potentially eligible that this rule is not considered effective until May 26, 2015.

Individuals should not submit an application to USCIS before the effective date, and should avoid anyone who offers to assist in submitting an application to USCIS before the effective date.

For more information on USCIS and its programs or about this rule and filing procedures, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

Last Reviewed/Updated: 02/24/2015

La comunidad luchará contra la demanda motivada políticamente, a pesar del bloqueo temporal de la expansión de DACA y del programa DAPA.

 

Immediately below is the URL of a Washington Post article about  the decision.  It includes an excellent quote from Cristina Jimenez, Managing Director of United We Dream.  Abajo es un articulo del Washington Post sobre la decision que incluye una declaracion excellente de Cristina Jimenez, Managing Director de United We Dream.

 

http://www.washingtonpost.com/news/morning-mix/wp/2015/02/17/federal-judge-in-texas-blocks-obama-immigration-orders/?wpisrc=al_alert   **

 

La comunidad luchará contra la demanda motivada políticamente, a pesar del bloqueo temporal de la expansión de DACA y del programa DAPA.

El 16 de febrero (o la noche del 15) un juez de distrito en Texas emitió una orden preliminar que temporalmente bloquea la expansión de DACA y el nuevo programa DAPA. El gobierno de Obama está actuando rápidamente para apelar la decisión del juez, pero eso significa que la fecha de inicio de la expansión del programa DACA se retrase. Se supone que iba a empiezar el 18 de febrero.

¡No vamos a permitir que nos arrebaten esta victoria!

Nuestra comunidad siempre se ha mantenido fuerte en contra de ese tipo de ataques políticos, y esta demanda es sólo otra manera de tratar de intimidarnos y de atemorizar a nuestra comunidad para que no avance, ni se registre, ni solicite permisos de trabajo.

 

• El Departamento de Justicia está apelando inmediatamente la decisión en el Quinto Circuito de la Corte de Apelaciones de Nueva Orleans, pero una decisión no se dará por al menos varias semanas y probablemente varias meses. 

• El fallo es un revés temporal, sólo el primer asalto en una larga batalla legal. Esta demanda motivada políticamente será apelada hasta la Suprema Corte, donde creemos que nuestras familias ganarán.

Creemos que ésta decisión solamente hará el proceso más lento.  Esto le dará a la gente más tiempo para reunir sus documentos y en general de prepararse para presentar sus solicitudes.  Mientras tanto, las personas deben de estar seguras de solicitar los programas locales y estatales como las nuevas licencias por la Ley AB 60 en California.  También las personas deben ahorrar dinero para la cuota de $465 por la solicitud de DAPA (tanto como la de DACA.)

Recomendamos que las personas sigan preparando sus documentos para solicitar el DAPA cuando el período para hacerlo se abra.  Primero, el Departamento de Justicia va a apelar la decisión de parar el programa temporalmente ante una corte federal superior, y tiene mucha posibilidad de lograr que se restaure el programa.  Este litigio va a durar mucho tiempo, y tenemos mucha posibilidad de que la acción ejecutiva será implementada.

Entre más pronto una persona solicite el DAPA, más pronto podrá recibir los beneficios como el permiso de trabajo, un número de seguro social, y en muchos estados una licencia de manejar, y posiblemente la habilidad de viajar fuera de los Estados Unidos.

Tenemos que luchar para mantener la acción ejecutiva del presidente, y a más largo plazo, para unirnos para ganar una reforma de inmigración.  En particular, los hijos ciudadanos de los que podrían calificar por el DAPA son especialmente importantes porque pueden o podrán votar, pueden ser muy activos en una campaña para defender a sus padres, y pueden influir a sus amigos y colegas en la comunidad en general.

American Immigration Council Press Release: Texas Decision at Odds with Legal Precedent, History and Facts on Immigration Enforcement

 

 For Immediate Release

February 17, 2015

Washington D.C. - Late last night, a Texas judge issued a preliminary injunction that temporarily blocks the implementation of President Obama’s new deferred action initiatives. These initiatives, announced last November, came in response to more than 10 years of political stalemates and failure by Congress to address America’s broken immigration system and alleviate the pain endured by millions of families around the country. The President’s announced initiatives will provide temporary relief from deportation to approximately 5 million undocumented immigrants currently living in the United States. 

The new deferred action initiatives, which include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA), are based on the well-established authority of Presidents and other executive branch officers to allocate and prioritize finite enforcement resources. This practice is used by prosecutors and other law enforcement personnel on daily basis. The judge’s order, issued just two days before the government was set to begin the DACA expansion, bars federal immigration officials from implementing “any and all aspects” of the new deferred action initiatives.

The following is a statement by Melissa Crow, Legal Director at the American Immigration Council:

“Today’s decision is only the first round in what will clearly be a much longer legal battle. Already, the White House has promised that the Justice Department will appeal the judge’s decision, and we urge them to do so in an expedited manner. We expect higher courts to overturn the judge’s decision based on well-established precedent.

“Today’s decision is more rooted in political rhetoric than legal rationales. It relies on a distorted view of overwhelming evidence of the economic benefits of immigration and ignores Supreme Court precedent. It also discounts a long history of recourse to prosecutorial discretion, which has been exercised by every President since Eisenhower. The decision relies on a technical violation of the Administrative Procedure Act (APA) to find that the Administration did not follow proper procedures, while ignoring the fact that the President’s deferred action initiatives are not subject to the APA. While the decision will unfortunately delay critical efforts to address our broken immigration system, the need and the demand for reform has never been greater. We remain confident that it is a question of when, not if, these programs will take effect."

###

Statement by Secretary Jeh C. Johnson Concerning the District Court's Ruling Concerning DAPA and DACA

Release Date: 

February 17, 2015

 

For Immediate Release

DHS Press Office
Contact: 202-282-8010

I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it.

Accordingly, the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA.

The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do.

It is important to emphasize what the District Court’s order does not affect.

The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012.

Nor does the Court’s order affect this Department’s ability to set and implement enforcement priorities. The priorities established in my November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remain in full force and effect. Pursuant to those enforcement priorities, we continue to prioritize public safety, national security, and border security. I am pleased that an increasing percentage of removals each year are of those convicted of crimes.  I am also pleased that, due in large part to our investments in and prioritization of border security, apprehensions at the southern border – a large indicator of total attempts to cross the border illegally -- are now at the lowest levels in years.

For more information, visit www.dhs.gov.

###

California migrants sing praises of Mexican birth certificate initiative

By streamlining a once tortuous process, Mexican consulates have opened the door to driving licences and a more formal status for undocumented nationals

It did not sound the most stirring or romantic topic but Jaime Guzmán, who composes Mexican ballads, reckoned he had found the subject of his next song: birth certificates.

He was on the fourth floor of Mexico’s consulate in Los Angeles, queueing for his certificate, and indicated the rows of anxious, hopeful people around him awaiting their turn.

“I may write a song about this,” Guzmán, 46, said. “Seriously. This can make all the difference. It brings you out of the shadows.”

He referred to a Mexican government initiative to start issuing birth certificates in January to citizens at its 50 consulates across the United States.

Before, Mexicans had to return to their birthplace to obtain the document, or ask relatives to lobby on their behalf – both arduous, expensive, time-consuming missions. Now they book an appointment, show proof of identity, pay $13 and walk out with a certificate.

It sounds banal, a bureaucratic tweak, but the new service has potentially profound implications for millions of Mexicans and, longer term, for Latino political power in the US.

With a birth certificate a Mexican living in the US as an undocumented migrant can apply for other Mexican documents, such as a consular identification card and passport, and then avail themselves of recent US immigration reforms, notably the right to apply for a California driving licence, as well as President Barack Obama’s executive actions protecting millions from deportation.

“It’s a huge deal. You need a birth certificate to get any other document,” said Georgina Marina, the consulate’s head of legal affairs. Many of those who obtained the certificates were “taking baby steps … towards eventual citizenship”, she said.

Angelica Salas, executive director of the Coalition for Humane Immigrant Rights of Los Angeles, said it would help undocumented Mexicans to formulate their formal identity in the US.

The LA consulate, an imposing building overlooking MacArthur Park, has hired extra staff and extended hours to night-time and Sundays to process the applications, numbering around 520 daily.

People born in Mexico or of Mexican heritage comprise about a third of LA’s population of 3.8 million. Other consulates in California, where Latinos last year became the single biggest population group, have reported similar surges. About half of the 11 million immigrants living in the United States illegally are from Mexico.

Republicans in Congress have threatened to roll back Obama’s executive actions sheltering so-called Dreamers and other undocumented groups from deportation. The bustle and optimism in the LA consulate, however, showed that undocumented Latinos are consolidating their presence in the US and have no plans to, as Mitt Romney once suggested, “self-deport”.

The White House’s immigration reforms dominated media attention but those queueing in the LA consulate said the main purpose of obtaining a birth certificate was to apply for a driving licence.

If you do not live in California, a vast state with malnourished public transport, it is difficult to grasp the necessity of driving. And if you are not undocumented, it is difficult to appreciate the angst of doing so without a licence.

A police stop can lead to vehicle confiscation, fines and deportation – in a blink upending a life. That is why Guzmán, the troubadour, wrote two ballads about driving without a licence. And why he may now write a song – a happy one – about birth certificates. “After 30 years in the US I’ll feel more protected once I get mine,” he said.

Others echoed the sentiment. “I feel more free, more secure,” beamed Ángel Ramírez, clutching his newly printed certificate. For a decade Ramírez, a construction worker, had driven without a US licence. Twice police confiscated his vehicle, he said. He feared the next time he would be deported. “I didn’t like the risk but for work I had to drive,” he said.

In anticipation of his certificate, which gave his date of birth as 29 October 1962, Ramírez had already booked an appointment for a written test at California’s department of motor vehicles, which started granting licences to undocumented people in January. “I’ve been studying,” he said.

Margarita Hernández, 54, a restaurant cook, said police confiscated her car twice in recent years. Another reason to get a birth certificate: as the mother of US-citizen children she appeared to qualify for protection from deportation under Obama’s executive action.

Obtaining a birth certificate used to be so fraught and onerous many did not even try.

You had to go back to Mexico and lobby a government office in your place of birth – a big deterrent for undocumented people because there was no guarantee of getting back into the US afterwards. (Smuggler guides known as coyotes charge thousands of dollars and on occasion abandon people in the desert.)

The old system did allow people in Mexico to lobby for documentation on behalf of relatives in the US but the process took months or even years. “It was very difficult and expensive. Things would go missing in the post,” said Marina, the consul for legal affairs.

Over the past decade Mexico’s 32 states digitalised birth records and fed the data to a centralised system. Some records in remote, rural areas remain outside the system.

The prospect of Obama’s immigration relief and California granting driving licences to undocumented people gave added impetus to digitalisation, said the legal officer. “It made the effort more urgent.”

Mexico’s bureaucracy, not famed for efficiency, had given its undocumented migrants reason to smile, she added. “They can’t believe the Mexican government is actually doing something for them.”

See the original article here.

Los Angeles City Attorney Feuer Files Muliptle Criminal Charges Following Undercover Investigation of Alleged Unlawful Immigration Consultant

See original press release here  





**PRESS RELEASE**  
 Feb. 5, 2015

CITY ATTORNEY FEUER FILES MULTIPLE CRIMINAL CHARGES FOLLOWING UNDERCOVER INVESTIGATION OF ALLEGED UNLAWFUL IMMIGRATION CONSULTANT
 
LOS ANGELES – As part of a continued multi-faceted action plan to address immigration fraud, City Attorney Mike Feuer today announced that his office has filed multiple criminal charges against a San Fernando Valley man allegedly involved in an undercover investigation into the unlicensed practice of immigration law.



"My office is fighting to prevent immigration fraud schemes from ripping off families and destroying their dreams," said City Attorney Feuer. "We will prosecute scam artists who try to victimize immigrants to the fullest extent of the law."

Jesus Luna Lozano, 52, is charged with six criminal counts including; the unauthorized practice of law, three counts of violating the Immigration Consultant Act for failing to post proper bonds and notice; failure to provide a written contract; and violation of a permanent injunction. If convicted, Lozano could face up to five years and six months in jail.

In 2003, Lozano was subject to a permanent injunction following a civil lawsuit by Neighborhood Legal Services for the unlicensed practice of immigration law. Since then, Lozano has been found in contempt of court on two separate occasions for violating the permanent injunction.

Following a recent complaint that Lozano continues to illegally give legal advice, undercover investigators with the Department of Consumer Affairs visited Lozano’s office at 6320 Van Nuys Blvd in Van Nuys. On two occasions in Dec. 2014, the undercover investigators solicited legal advice from Lozano on immigration issues. Lozano allegedly provided legal advice to the undercover investigators in violation of California Law and in violation of the 2003 permanent injunction.

Arraignment is scheduled for Feb. 27, 2015 in Department 40 of the Criminal Courts Building. Deputy City Attorney Onica Cole is prosecuting the case.
 The prosecution of Lozano is part of a comprehensive enforcement and education campaign spearheaded by City Attorney Feuer, the Department of Consumer Affairs and legal aid organizations to address immigration scams in advance of the upcoming enactment of the President’s executive orders on immigration. Feuer’s comprehensive efforts include educating immigrants to navigate the new laws and avoid being ripped-off. This includes hosting a recent town hall meeting at Mt. St Mary’s College in south Los Angeles as well as an upcoming forum on February 28, 2015, in the San Fernando Valley. The town hall forums will serve as an opportunity to offer services to help immigrants navigate the application system, educate consumers on how to avoid being scammed, and intake actual complaints if someone has been a victim of a scam.

Individuals who believe they have been a victim of an immigration consultant fraud should contact the Department of Consumer Affairs at (800) 593-8222

Additional tips and information for residents can be found on the City Attorney’s website at: www.atty.lacity.org/community

L.A. city, county officials cracking down on immigration scams

 

By Kate Linthicum

February 5, 2015

Los Angeles prosecutors have filed criminal charges against a San Fernando Valley man accused of practicing immigration law without a license, part of a new effort to target immigration-related fraud as the federal government prepares to expand a program that offers work permits to millions of people in the country illegally.

Jesus Luna Lozano, 52, has been charged with the unauthorized practice of law and other violations, City Atty. Mike Feuer said at a news conference Thursday. Feuer said Lozano unlawfully gave legal advice to two undercover Los Angeles County investigators who posed as immigrants seeking help with a case.

Lozano, who could face more than five years in jail if convicted, did not return several calls seeking comment Thursday.

The case against Lozano was the result of a new city-county task force formed last fall after President Obama announced the expansion of his deferred action program. It will offer temporary work permits and protection from deportation to millions of immigrants brought to the country as children as well as some parents of U.S. citizens.

Scams are on the rise as immigrants prepare to take advantage of the deferred action programs, Feuer said.

"Over the years, we've seen it happen again and again," Feuer said. "With some immigration announcement come the scam artists."

Rigo Reyes, chief of investigations at the Department of Consumer Affairs, said there may be as many as 2,500 people unlawfully providing immigration advice in California, often to the detriment of their clients' cases.

Some promise to help immigrants get work permits, file asylum claims or apply for other types of relief without actually doing any work, or doing it improperly, he said.

Many claim to be licensed attorneys but are actually state-accredited immigration consultants, who are permitted only to translate answers on immigration forms. Others are rogue public notaries who take advantage of the Spanish word for "notary," which means "lawyer" in some parts of Latin America.

Lozano was subject to a permanent injunction for the unlicensed practice of immigration law in 2003 after a civil lawsuit, Feuer said. Since then, he has been found in contempt of court on two separate occasions for violating the injunction, Feuer added.

The recent investigation began after the county received a complaint that Lozano had not stopped giving legal advice. Undercover investigators with the Department of Consumer Affairs visited Lozano's office in Van Nuys in December and recorded him giving legal advice, Feuer said. Lozano is scheduled to be arraigned Feb. 27.

Since Obama's announcement, local, state and federal authorities have launched education campaigns warning immigrants to consult only those licensed to provide immigration advice.

In another effort to combat immigration scams, Los Angeles leaders launched a campaign last week to provide immigrants who are eligible for Obama's deferred action programs with legitimate legal services.

Mayor Eric Garcetti said the city has partnered with a philanthropic organization to try to raise $10 million to help some of the half a million people eligible for immigration relief in the L.A. area apply for the programs. Much of the money will be distributed through nonprofits that work with immigrants.

The deferred action programs aren't the only new opportunities available to many California immigrants. Beginning in January, immigrants in the county illegally were allowed to apply for a special state-issued driver's license. According to the Department of Motor Vehicles, 57,000 such licenses have been issued since the beginning of the year.

 

See the full article here.

 

 

Senate Hearing Shows Deferred Action Programs are Beneficial to Social Security

by Mark Noferi
February 5, 2015

See more at: http://immigrationimpact.com/2015/02/05/senate-hearing-shows-deferred-action-programs-beneficial-social-security/#sthash.KpPdQ3kp.dpuf

 

The Senate Homeland Security committee on Wednesday held its first hearing about President Obama’s immigration executive actions. The hearing and the witnesses testifying focused on the “implications and unanswered questions” about the deportation relief offered to some undocumented immigrants included in the president’s actions.

First, the Social Security Administration’s chief actuary, Stephen C. Goss, provided testimony estimating the impact of President Obama’s actions on the U.S. economy and Social Security trust fund. Goss estimated that due to deferred action, U.S. gross domestic product would increase by 0.15 percent by 2024 and 0.22 percent by 2050. Additionally, by 2024, 925,000 additional workers will be paying payroll taxes. This increase comes from bringing undocumented workers out of the shadows so they can fully pay taxes, and reducing deportations.

Goss’ testimony adds to recent data that demonstrates the economic benefits from the Administration’s deferred action program—reduced deficits, increased payroll tax revenues, and increased wages, for U.S.-born workers as well. Goss stressed, though, the “limited nature” of the economic benefits of deferred action compared to comprehensive immigration reform such as the 2013 Senate legislation. Deferred action would only provide about one-third of the current unauthorized population the opportunity to apply for work authorization, and only a “very limited increase” in legal permanent residents entering the country.

As to the Social Security trust fund, Goss stressed how immigration would positively impact it. Without net immigration of 1 million a year, negative effects on the finances of Social Security and Medicare “would be much more severe.” (Immigrants are generally younger, and have a higher birth rate, than U.S.-born.) The impacts of deferred action would be a “small positive for the next 75 years,” reducing the current Social Security deficit by 0.01 percent of payroll. This is due to “providing legal work authorization to many younger children and their parents in the current population, who will pay additional taxes for several decades,” Goss said.

Senators also raised questions as to USCIS’ processing of deferred action applications. A former USCIS deputy ombudsman raised the possibility of “bottlenecks” from processing extra applications. However, former INS General Counsel Bo Cooper testified that “DHS has the tools and capacity to handle implementation of these programs from a logistical, financial, and enforcement perspective.” DHS now is operating with the “considerable advantage” of having implemented DACA, which gives it a model on which to base its current planning. And as the “new and expanded programs are of course broader” than DACA, Cooper noted that immigration agencies are designed to have “flexibility to scale to evolving caseloads and demands.” USCIS has secured a central processing location site and plans to hire 700 permanent employees and additional contractors.

The first of the president’s executive actions are set to begin in a few short weeks. Witnesses at the Senate hearing provided ample evidence that USCIS will be ready and able to implement the programs, which will result in a significant boost to America’ Social Security system.

- See more at: http://immigrationimpact.com/2015/02/05/senate-hearing-shows-deferred-action-programs-beneficial-social-security/#sthash.KpPdQ3kp.dpuf

Senate Shoots Down House’s Bad Homeland Security Funding Bill

by Amanda Peterson Beadle

February 3, 2015

See more at: http://immigrationimpact.com/2015/02/03/senate-shoots-houses-bad-homeland-security-funding-bill/#sthash.MhS0jnSE.dpuf

The House-passed bill to fund the Department of Homeland Security—and the anti-executive action amendments that were added—failed to advance in the Senate on a procedural vote.

Senators voted 48 to 51, with Republican Dean Heller (NV) joining with the Democrats to vote against the measure. Because it was a procedural vote, the bill needed more than 60 votes to proceed to debate.

Before the Senate voted, Minority Leader Harry Reid (NV) told reporters Democrats would not accept anything other than a “clean” DHS funding bill that did not have the amendments attempting to stop President Obama’s executive actions on immigration.

 

- See more at: http://immigrationimpact.com/2015/02/03/senate-shoots-houses-bad-homeland-security-funding-bill/#sthash.MhS0jnSE.dpuf