Shusterman’s Immigration Update May 2019
Volume Twenty Four, Number Five
SHUSTERMAN’S 
IMMIGRATION UPDATE is the Web’s most popular e-mail newsletter regarding US immigration laws and procedures with over 60,000 subscribers located in more than 150 countries. It is written by a former INS Trial Attorney (1976-82) with over 40 years of experience practicing immigration law.
Published by the Law Offices of Carl Shusterman, 600 Wilshire Blvd, Suite 1550, Los Angeles, California, 90017. Phone: (213) 623-4592 x0
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Shusterman’s Immigration Update May 2019
TABLE OF CONTENTS
1. Employers: Get Ready for H-1B RFEs and NOIDs
2. May 2019 Visa Bulletin & Predictions for FY2019
3. Immigration Government Processing Times
4. Facebook Live – Engage with Our Attorneys in Real Time
5. Success Story: Deportation – Green Card Holder Fights Back and Wins!
6. Immigration Trivia Quiz: In-State Tuition Policy for Undocumented Students
7. Ask Mr. Shusterman: E-2 Investor Visas for Israelis
8. Shusterman’s Upcoming Immigration Seminars
9. Jobs & Green Cards for RNs & MedTechs: Free Legal Help!
10. Winner of Our April 2019 Immigration Trivia Quiz!
NEWS FLASHES
- AILA and AIC File Complaint to Bring Injustice in El Paso Immigration Court to Light — On April 3, AILA and the American Immigration Council (AIC) filed an administrative complaint with government oversight agencies demanding an immediate investigation into systemic due process concerns at the Immigration Court in El Paso, Texas.
- USCIS Extends TPS for South Sudan — On April 5, USCIS published a notice extending the designation of South Sudan for Temporary Protected Status (TPS) for 18 months, from May 3, 2019, through November 2, 2020. The re-registration period runs from April 5 through June 4, 2019.
- Trump Withdraws Nomination of ICE Director to Take Agency in “Tougher Direction” — On April 5, Politico reported on President Trump’s withdrawal of his nomination of Ron Vitiello to be ICE’s Director. The president formally nominated Vitiello to head ICE last August, after Vitiello had been serving as acting director for 2 months.
- Administration to Take Action on Countries with High Overstay Rates — On April 22, President Trump signed a memorandum addressing the high number of temporary visa recipients who stay past their authorized time in the U.S. He directed the Secretaries of State and Homeland Security “to find effective ways to combat the rampant number of overstays.”
- Trump Claims the U.S. is Filled to Capacity, but Demographic Decline Shows the Opposite is True — On April 9, President Trump suggested that he cannot accommodate more immigrants coming into the country because it is filled to the brim. However, the New York Times has reported that a shrinking working-age population and declining birthrates among the native-born population have resulted in uninhabited cities and towns.
- Barr Rules that Many Asylum Seekers in Removal Proceedings are Not Entitled to Be Released on Bail — On April 17, Attorney General Barr ruled in Matter of M-S- that an alien who is transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond. Such an alien must be detained until his removal proceedings conclude unless he is granted parole.
- Trump Administration to Increase Allotment of H2-B Visas for Seasonal Workers — On April 19, the Department of Homeland Security (DHS) and the U.S. Department of Labor proposed to grant an additional 30,000 H-2B visas to temporary non-agricultural workers. This program allows U.S. employers to obtain visas for foreign workers in order to fill seasonal jobs.
- Federal Marijuana Violations May Bar Naturalization Eligibility — On April 19, U.S. Citizenship and Immigration Services (USCIS) issued a policy guidance announcing that lack of compliance with the federal controlled substance law hinders an individual’s ability to establish good moral character for naturalization. In this regard, engaging with substances such as marijuana would count as an immoral offense, even in states where it is legal.
- CBP Switches to Alphanumeric I-94s — Beginning in May 2019, U.S. Customs and Border Protection (CBP) will be issuing alphanumeric numbers for the I-94 form, which keeps track of arrival and departure of visitors entering or leaving the United States. Every I-94 record issued in the current eleven-digit numerical format will continue to be valid until the admission date printed on the form.
- USCIS is Ending Forms Request Line — Beginning on June 1, U.S. Citizenship and Immigration Services (USCIS) has announced it is terminating the Forms Request Line service that allows people to order immigration forms telephonically.
- Appeals Court Rejects Feds Challenge to California’s Sanctuary Laws — On April 19, the 9th Circuit Court of Appeals issued a decision affirming a District Court’s decision upholding 3 state laws relating to immigration against a challenge by the federal government.
1. Employers: Get Ready for H-1B RFEs and NOIDs
For employers who are subject to the H-1B numerical cap, the filing season ended on April 5, both lotteries are over and many receipt notices have been issued. What’s next will be a virtual tsunami of thousands of Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) and H-1B Petition Denials.2. May 2019 Visa Bulletin & Predictions for FY2019
The Visa Bulletin is issued by the U.S. State Department on a monthly basis. The Bulletin shows the backlogs for persons who have been sponsored for green cards through their employers, their relatives, through investments and through the diversity lottery. The length of the backlog varies depending on the person’s preference category and their country of chargeability which is usually their country of birth.
3. Immigration Government Processing Times
We link to the most recent immigration waiting times for each of the four USCIS Service Centers, the National Benefits Center and the Administrative Appeals Office. We also link to the processing times of all of the 83 USCIS District Offices and Sub-offices. We link to the Labor Department’s page entitled “Processing dates for labor certification applications”. Finally, we link to the State Department’s “Visa Wait Times” page.
4. Facebook Live – Engage with Our Attorneys in Real Time
In our Facebook Live videos, our attorneys discuss a wide range of immigration topics and take questions online. We announce each topic in advance on the Breaking Immigration News section on our homepage.
Facebook Live allows us to provide tips and information regarding immigration law, while also providing viewers the opportunity to ask questions during the broadcast.
5. Success Story: Deportation – Green Card Holder Fights Back and Wins!
Imagine falling in love with a U.S. citizen, getting married, living together, being approved by USCIS for a 2-year green card, then for a 10-year green card and following all the rules, only to be placed under deportation proceedings.This happened to a man in Chicago in 2013. A man who came to the U.S. on temporary work visa, fell in love and married a U.S. citizen, earned an MBA, got a great job, pays his taxes and has no criminal record.
Why?
6. Immigration Trivia Quiz: In-State-Tuition-Policy-for-Undocumented-Students
This month’s Immigration Trivia Quiz is entitled:
Quiz Removed
The first person to correctly answer our quiz (and supply their biographical information) wins a free legal consultation with one of our attorneys before the end of May.
7. Ask Mr. Shusterman: E-2 Investor Visas for Israelis Starting May 1
It’s been a long time coming, but Israeli investors will finally be able to obtain E-2 Treaty Investor visas to start businesses in the U.S. starting on May 1, 2019. The E-2 Investor Treaty between the U.S. and Israel was signed by President Obama back in 2012. However, for the program to go into effect, Israel needed to implement a program for U.S. investors to get visas to make investments in Israel. This did not happen until 2018.8. Shusterman’s Upcoming Immigration Seminars
UCLA Bruin Professionals
Beverly Hills, California
May 2, 2019
Topic: Immigration in the Age of Trump
Orange County Bar Association
Newport Beach, California
May 7, 2019
Topic: Immigration for Health Care Professionals
9. Jobs & Green Cards for RNs & MedTechs – Free Legal Help!
Are you a Registered Nurse or a Medical Technologist or a Speech Language Pathologist who is looking for a job in the US?
What if you could find a job, a work visa, and green cards for you and your family to live in the US? And what if the cost to you for all of this was zero dollars?
Hard to believe? Let me explain.
10. Winner of Our April 2019 Immigration Trivia Quiz!
April’s Immigration Quiz was entitled: Immigrant Editors at US Magazines
Here are the answers from our winner, Laura:
“1a. Anna Wintour b. England c. Vogue
2a. Arianna Huffington b. Greece c. Huffington Post
3a. Henry Grunwald b. Austria c. Time Magazine
Hello, my name is Laura G. I am 21 years old and I am an immigrant from Mexico. I moved to the United States when I was 1 1/2 years old. I am currently a full time mom and married to a soldier. I am an undecided major right now, but I still want to go to school to learn new things. Thank you for your time.“
Congratulations, Laura! And thank you for keeping up with our newsletter!
Certified Specialist in Immigration Law, State Bar of California
Immigration and Naturalization Service (INS) Attorney (1976-82)
Member of AILA Board of Governors (1988-97)
Law Offices of Carl Shusterman, 600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
Phone: (213) 623-4592 x0, Fax: (213) 623-3720
“In 1975 about one out of every twelve inventors in America was foreign-born, and today that number is about one of every three and a half. And this has been across many technology fields, but especially prominent in advanced technologies. That’s been something that has unlocked new forms of work, helped make companies more competitive in global markets, and helped enrich our lives. So I would deeply fear the loss of that special position and how its helped keep us on the dynamic innovative frontier.”
– Harvard Business School Professor William Kerr in his book “The Gift of Global Talent”
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