Like
any other profession, immigration attorneys must always be aware of potential
future events that will necessitate additional staff training and workload
adjustments. Below are some 2016
immigration law developments that have already been incorporated into the
advice given to current and potential clients.
All times are estimated.
STEM-OPT Transition Guidelines (Timing: Current)
Recent
STEM-OPT rule changes have led to the government to establish special short
term rules that allow limited recapturing of missed OPT time as well as
extended filing deadlines for transition cases.
Filipino WWII Veteran Parole (FWVP) Program
This is a new program designed to benefit Filipino WWII veterans living in the United States. If those veterans (or their spouses) have filed petitions for their relatives, and those relatives are still on a waiting list to immigrate to the United States, the FWVP Program may allow those relatives to come and wait in the U.S. for their Immigrant Visa. A full discussion of the benefits and program requirements can be found here.
Filipino WWII Veteran Parole (FWVP) Program
This is a new program designed to benefit Filipino WWII veterans living in the United States. If those veterans (or their spouses) have filed petitions for their relatives, and those relatives are still on a waiting list to immigrate to the United States, the FWVP Program may allow those relatives to come and wait in the U.S. for their Immigrant Visa. A full discussion of the benefits and program requirements can be found here.
Final Rule Enhancing EB Portability and Worker Protections (Timing: May-July)
Although
most of the rule does no more than incorporate into the regulations what USCIS
already practices, the rule will also will provide several new protections for
H-1B workers who are beneficiaries of an Immigrant Petition for Alien Worker
(I-140). More on these protections once
the final rule is issued.
Final Rule Expanding Provisional Waiver Coverage (Timing: May-July)
This
will be a nice expansion in the coverage of the provisional unlawful presence
waiver first instituted in 2013. This
provision will extend eligibility to certain relatives of Permanent Residents.
Supreme Court Ruling on Executive Actions (Timing: June)
The
Supreme Court will rule on the viability of several Administrative Immigration
Initiatives. The main proposed programs
effected by the ruling include an expansion of DACA (Deferred Action for
Children) and the implementation of DAPA (Deferred Action for Parents). The proposed DACA expansion will move up the
“continuous residence” date to since January 1, 2010, and eliminate the age
requirement as long as entry was prior to the applicant’s sixteenth
birthday.
The DAPA program, of course, is the
biggie. DAPA will give millions of
persons with U.S. citizen children and are not a threat to the our safety an
opportunity to obtain temporary permission to remain in the United States.
If the Supreme Court rules in favor
of the administration, the DACA expansion is expected to go into effect within
sixty days. For DAPA, the government
will need more time to prepare for the potential large number of immediate
applicants. If DAPA does go into effect,
applicants are going to have to consider carefully the pros and cons of
immediately filing. The outcome of the
U.S. Presidential election will be a major factor to consider, and that
question will not be answered until November.
Immigration Fee Increase (Timing – August-September)
USCIS
has published for comment the planned increase in immigration user fees. Yes, the fees will go up. And yes, the increase is very substantial. For example, a basic Petition for Alien
Relative (I-130) goes up $115 to $535.
An employer’s Immigrant Petition for Alien Worker (I-140) shoots up to a
cool $700. Naturalization (N-400), with
the biometrics fee, will now cost you
$725.
Philippine Elections (Timing: Just Happened)
This
blog entry was written on the return flight from Manila, one day after the
election of incoming president Rodrigo Duterte. Excellent voter turnout with very interesting results. While most people do not expected the
election to effect immigration between the Philippines and the United States,
one never knows what the future holds.
However, the U.S. election in November is where most are watching for
possible major changes to the immigration landscape.
A
typically busy year for U.S. immigration attorneys.
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