Naturalization Ceremonies

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Happy Presidents’ Day 

Resources for Immigrants

USCIS likes to celebrate American holidays by naturalizing new citizens in large ceremonies. For Presidents’ Day, USCIS will be holding 180 different naturalization ceremonies. From February 12 – February 22, over 20,000 new American citizens are expected to be naturalized.

“Whatever their backgrounds and political views, our presidents have all recognized that we could not have succeeded as a nation were it not for the contributions of immigrants,” said USCIS Director León Rodríguez. “Through the contributions they make, and by choosing to naturalize, our newest citizens will strengthen the fabric of our nation and reinforce America’s unique heritage as a nation of immigrants.”

Director Leon Rodriguez will be naturalizing 50 people at Mount Vernon, which is George Washington’s home, on February 22, 2016.

USCIS Processing Times

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USCIS Processing Times Updated

Check this link for USCIS processing times of applications as of December 31, 2015

Check your receipt letters. The first three letters dictate where your application is. LIN = Nebraska. SRC = Texas. NBC = National Benefits Center. WAC = California. EAC = Vermont.

Of Note

O and P visas at Vermont are taking 2 months instead of 2 weeks. They are taking 2 weeks at California.

Asylum work authorization applications are taking 4 months at Vermont

Most work authorization applications are taking 3 months at Vermont

H-1B extensions and changes of status are taking over 6 months Vermont and California

I-140s at Nebraska are taking 4 months or more.

Berks County Prison

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License Refused: PA Refuses License to Berks County Prison

Pennsylvania has refused to grant the Berks County Prison the license that it needs to continue holding asylum-seeking mothers and children. Berks County has become notorious for detaining those seekers longer than they should be. There have also been clamors from advocacy groups that the prison has been mistreating them. Lawsuits have alleged and judges have found that the treatment of asylum-seekers violates a settlement agreement that controls how the prison should be run.

The State Department of Human Services did not grant the license because the federal immigration facility does not comport with licensing as a child residential center. Berks had actually been applying to double its population.

H-1B Extensions DELAYED

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H-1B Extensions Are Delayed: Close to 6 Months for Processing

H1b 2016

This time of year is crucial for H-1B visas, with companies and employees prepping for the H-1B lottery. The H-1B lottery is in existence because only 85,000 visas (65K normal cap + 20K Masters) are available each year. Last Fiscal Year, 250,000 applications were filed for those 85,000 spots.

The lottery is one aspect of H-1Bs, but once H-1B visas are issued, extensions are another issue. They are not subject to the lottery, but employers must still demonstrate their employees’ eligibility for visa. The maximum term for an H-1B is three years, though the maximum term is always granted (timing issues, contracts not guaranteed for three years). H-1B holders are allowed to receive a second three year term for a total of 6 years (recapture of lost time is allowed to reach 6 years).

The extension has become an issue with delays by USCIS processing times. USCIS is taking nearly six months at both service centers that adjudicate H-1B extensions. This is a major problem for employers and employees, and is also problematic for immigration logistics. The application for an extension cannot be filed more than 6 months in advance, but it is not always feasible to file the extension 6 months in advance. Job site relocations, contracts, promotions, among other things can cause changes in the content of applications. There is a 240 day automatic extension that goes into place as long as the extension is timely filed, but H-1B applications often receive requests for evidence that extend their adjudication time.

AILA is taking calls for how the lengthy adjudication time is affecting companies and workers.

Refugees Go to Tim Horton’s

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Welcome to Canada: Refugees Go to Tim Horton’s

The issue of Syrian refugees has caused legislators and voters in the United States to push the boundaries of immigration law in preventing their resettlement. States have written legislation in selective prevention of resettlement, and they have sued the federal government over the issue.

In Canada, this was the scene for Syrian refugees at a Tim Horton’s, Canada’s iconic doughnut and coffee shop.

Click here for CBC video.