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Immigration News Briefs

By Humera Subhani

March 2015

Expanded DACA program date announced
The United States Immigration and Citizenship Services (USCIS) planned to begin accepting requests for expanded DACA (Deferred Action for Childhood Arrivals) from February 18, 2015 [however, that date was delayed by a federal judge in Texas]. Many applicants have already taken advantage of the DACA program which was introduced in 2012. While this does not provide a pathway to getting lawful permanent resident status (i.e. a green card) or citizenship, this nevertheless allows young individuals to remain in the U.S. and apply for a work authorization document.

Previously, to be eligible for the DACA program, an individual had to have been under the age of 31 as of June 15, 2012, and have continuously resided in the United States since June 15, 2007. These restrictions have been removed under the Executive Action announced by President Obama, in November 2014. The revised eligibility requirements for DACA removed the upper age restriction allowing individuals born prior to June 15, 1981, to apply for DACA provided they meet all other requirements for eligibility. Also, the residence requirement now requires continuous residence in the United States since January 1, 2010. Lastly, the deferred action period and employment authorization is now extended for a period of three years. Previously, the grant was only for a period of two years.

For more details, the USCIS website has set up a FAQs section at http://www.uscis.gov/immigrationaction .

H-4 EAD rule moving forward
During a public teleconference on January 22, 2015 by the U.S. Customs and Immigration Services (USCIS), Director Leon Rodriguez stated that he is "disappointed" that the H4 EAD rules are not yet in place and stated, "I do believe it's close at hand." Most H4 visa holders were expecting the rules to be published in January. A few weeks after this statement, however, USCIS finally submitted the final rules to the Office of Management and Budget (OMB).

The OMB is expected to complete its review of the rules by March or early April 2015, at which point the rules would be sent to the Federal Register for publication and implementation. If all proceeds as expected, this long-awaited rule would allow an H-4 spouse to apply for an employment authorization document (EAD) if the principal H1B worker has an approved I-140, or has extended H1B status beyond the 6-year limitation based upon a PERM labor certification application or has an I-140 petition that has been pending for at least 365 days.

CPB app will reduce wait times
U.S. Customs and Border Protection (CBP) just launched the Border Wait Time app making it easier for travelers to plan their trip across the border. The app provides estimated wait times and open lane status at land ports of entry allowing travelers to make an informed decision of where and when to cross the border. Travelers can download the app for free from Apple’s App Store and Google Play. The app was developed by CBP and does not require individuals to register or provide any personal information. CBP does not store or have access to any information regarding travelers using the app.

The Border Wait Time app is just one example of CBP’s effort to create a traveler-friendly processing environment. CBP has deployed Automated Passport Control (APC) kiosks to more than 25 airports. Much like APC, CBP launched Mobile Passport Control, the first authorized app to expedite a traveler’s entry into the United States, at Hartsfield-Jackson Atlanta International Airport this year.

VISA PREFERENCE NUMBERS FOR March 2015

FAMILY	India	Pakistan/Bangladesh
1st	01Aug07	01Aug07
2A	22Jun13	22Jun13
2B	08Jul08	08Jul08
3rd	22Jan04	22Jan04
4th	15May02	15May02

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Jan07	Current
3rd	01Jan04	01Jan014
Other	01Jan04	01Jan014
4th	Current	Current
5th	Current	Current1B