June 2013: Immigration Law Updates | Practical Law

June 2013: Immigration Law Updates | Practical Law

Important updates in the area of US immigration law during June 2013.

June 2013: Immigration Law Updates

Practical Law Legal Update 1-532-3527 (Approx. 5 pages)

June 2013: Immigration Law Updates

by PLC Labor & Employment
Published on 01 Jul 2013 • USA (National/Federal)
Important updates in the area of US immigration law during June 2013.

USCIS Issues Policy Memo on RFEs and NOIDs

On June 3, 2013, United States Citizenship and Immigration Services (USCIS) published a new policy memo. The memo provides guidance to USCIS adjudicators on exercising their discretion to issue Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) on pending petitions or applications. The memo clarifies that:
  • RFEs may be issued if:
    • the required initial evidence was not submitted; or
    • the totality of the evidence submitted does not meet the petitioner or applicant's burden of proof (typically, by a preponderance of the evidence).
  • NOIDs may be issued:
    • before denying certain Forms I-800 or I-485;
    • if little or no evidence was submitted; or
    • threshold eligibility is met but the petitioner or applicant has not established her eligibility for favorable discretion.
Adjudicators may issue follow-up RFEs where needed, although they are encouraged to identify all gaps in evidence before sending an RFE. Adjudicators may also corroborate evidence by consulting USCIS or other governmental data sources or seeking publicly available information. This memo supercedes any prior guidance on RFEs or NOIDs.
For more information on USCIS petitions, see Practice Note, Employer-sponsored Nonimmigrant Visa Petitions in the US.

New E-Verify Feature: Notifying an Employee of a Tentative Nonconfirmation Response

On June 28, 2013, USCIS announced that beginning on July 1st, theE-Verify system may directly notify an employee of a tentative nonconfirmation (TNC) response. The ability to do so stems from the addition of an e-mail field in Section 1 of the recently updated Form I-9 (see Legal Update, New I-9 Form Required Beginning May 7, 2013). Only employees who provide an e-mail address on the I-9 form will be notified of a TNC, if one is issued.
This new feature does not relieve an employer of its obligation to promptly notify the employee of a TNC response or discuss the employee's options privately. For more information, see Practice Note, E-Verify for Employers: Best Practices.

DOL Issues Revised Prevailing Wage Determination Request Form ETA-9141

On June 18, 2013, the DOL's Office of Foreign Labor Certification released a revised Prevailing Wage Determination Request Form, Form ETA-9141, to be used immediately. Form ETA-9141 may be used to request a prevailing wage determination from the DOL to support a Labor Condition Application (LCA) or PERM application. The new version of the Form ETA-9141:
  • Adds a new Section D, Wage Processing Information, to determine if the job is covered by:
  • Adds a clarifying question 4b to Section E, Job Offer Information, about whether any employees supervised are peers or subordinates, if the job includes supervisory responsibility.
  • Adds clarifying language to the instructions in Section E, Job Offer Information, for:
    • subsection a, Job Description, question 5, Job Duties;
    • subsection a, Job Description, question 6a, details of required travel; and
    • subsection c, Place of Employment Information, question 7a, details of multiple worksites.
  • Removes the following questions from Section E, Job Offer Information, subsection a, Job Description:
    • number of hours of work per week; and
    • hourly work schedule.
For more information about LCAs, see Practice Note, The H-1B Nonimmigrant Visa Classification: Labor Condition Application and Labor Condition Application (LCA) Compliance Checklist. For more information on PERM, see Practice Notes, PERM Labor Certification: Overview and The PERM Labor Certification Process.

USCIS Updates Citizenship Resource Center

On June 11, 2013, USCIS update its Citizenship Resource Center with, among other resources, new lesson plans and activities (see USCIS: Lesson Plans and Activities). The Citizenship Resource Center may help lawful permanent residents who are preparing for or considering naturalization as a US citizen. For more information on gaining US citizenship, see USCIS: Citizenship.

Syria's TPS Designation Extended Until March 31, 2015

On June 17, 2013, the Department of Homeland Security (DHS) announced that Syria's Temporary Protected Status (TPS) designation is extended until March 31, 2015. Syria's current TPS designation runs until September 30, 2013 (see Legal Update, DHS Announces Designation of Syria for Temporary Protected Status). Eligible Syrian nationals may re-register or register for designation between June 17th and either:
  • August 16, 2013, for re-registration.
  • December 16, 2012, for new registration.
The applications for registration or re-registration may also include an application for an Employment Authorization Document (EAD) that, when issued, will also be valid until March 31, 2015. For more information, see USCIS: Temporary Protected Status Designated Country: Syria.