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November 2012: Immigration Law Updates
Practical Law Legal Update 3-522-8124 (Approx. 3 pages)
November 2012: Immigration Law Updates
by PLC Labor & Employment
| Law stated as of 03 Dec 2012 • USA (National/Federal) |
Important updates in the area of US immigration law during November 2012.
US Embassy in India Expands its Visa Interview Waiver Program
On November 19, 2012, the US Embassy in New Delhi announced the expansion of its nonimmigrant visa interview waiver program. Since March 2012, this program has streamlined visa applications for visa applicants who are renewing nonimmigrant visas that are still valid or expired within the prior 48 months, including:
- Applicants for B-1/B-2 temporary visitor for business or pleasure visas, C or D transit or crew member visas or J-2, H-4 or L-2 dependent family member visas.
- Individuals applying for any visa classification before their seventh birthday or on or after their 80th birthday.
Under the expanded program, the following applicants may also be considered for streamlined visa applications:
- Applicants seeking to renew H-1B temporary worker visas that are valid or expired within the prior 12 months, if they are returning to work in H-1B status for the same petitioner.
- Applicants seeking to renew individual L-1 intracompany transferee visas (but not blanket L visas) that are valid or expired within the prior 12 months, if they are returning to work in L-1 status for the same petitioner.
- Students returning to the same school and same academic program.
- Children applying for any visa classification before their 14th birthday.
Streamlined processing is discretionary and eligible applicants may be asked to undergo background checks or appear for interviews. For more information on visa applications, see Practice Note, Applying for a Nonimmigrant Visa to the US and US Nonimmigrant Visa Application Best Practices Checklist.
USCIS Issues Form I-9 Guidance to Employers of DACA Beneficiaries
On November 19, 2012, the United States Citizenship and Immigration Services (USCIS) issued guidance describing how employers should complete Form I-9 for employees who are Deferred Action for Childhood Arrivals (DACA) beneficiaries. Employers are required to complete Form I-9 for all employees within three days of their employment start date. Employers whose existing employees present new forms of identity or employment authorization should carefully assess their obligations under the Immigration Reform and Control Act (IRCA).
For more information on IRCA Form I-9 requirements, see Practice Note, Demonstrating the Right to Work in the United States and Completing Form I-9 for Employees Checklist. For more information on DACA, see Practice Note, Deferred Action for Childhood Arrivals.