Greenspoon Marder Immigration Newsletter, June 27, 2018

Uncategorized Jun 27, 2018

USCIS to Recall 800 Incorrectly Printed Employment Authorization Documents

On June 21, 2018, USCIS will begin recalling approximately 800 Employment Authorization Documents (EADs) that were issued in conjunction with Form I-589, Application for Asylum and for Withholding of Removal, which were granted by USCIS asylum officers. The cards contain a production error that transposed the first and last names of the individuals receiving the EADs. These cards were mailed to recipients in April and May 2018.

USCIS will send notices to individuals who received the incorrect EADs, as well as to their attorneys or accredited representatives, if a G-28 was submitted with the corresponding Form I-589. The affected individuals should return their incorrect EADs to USCIS in the provided pre-paid envelope within 20 days of receiving the notice. Recipients may also return their EADs to a USCIS field office. Replacement EADs will be sent within 15 days of receiving the incorrect card.

OPT Students: Volunteer Positions Not Directly Related to Course of Study Does Not Qualify for OPT Employment

On May 18, 2018, ICE’s Student and Exchange Visitor Program (SEVP) issued a notice, informing all students on optional practical training (OPT) that volunteer positions that are not directly related to their course of study do not qualify as OPT employment. The reporting of non-qualifying volunteer opportunities as OPT employment will be considered a violation of reporting requirements and may subject the OPT student to removal from the United States.

In addition, non-qualifying volunteer positions do not stop the accrual of unemployment, which is limited to a total of 90 days during OPT. Thus, if an OPT student has been unemployed for more than 90 days, they must leave the United States or be subject to removal even if they volunteered while unemployed.

Fact Sheet: Zero-Tolerance Prosecution and Family Reunification

The Department of Homeland Security has published a fact sheet about how CBP, ICE, and HHS will process parents and children who have been separated as part of the zero-tolerance prosecution policy at the border, and the role these agencies will play in the reunification process.

USCIS Provides Historical National Average Processing Times for All USCIS Offices (3/31/18)

USCIS has provided the national average processing times for select forms based on all USCIS offices for FY2014 through FY2018 (as of 3/31/18). Processing times are based on the age of the workload that USCIS has awaiting adjudication (pending cases) and combines data from all of the USCIS offices.

July Visa Bulletin

The July 2018 Visa Bulletin has been released by the U.S. Department of State (DOS). In addition to the final action dates and dates for filing applications, the bulletin also includes notes on the diversity visa cut-offs, Special Immigrant translator visa availability, and retrogression of July employment-based final action dates. EB-3 China will retrogress while cutoff dates for EB-2 India, China and EB-3 India will advance, according to the State Department’s July Visa Bulletin. USCIS subsequently announced that next month it will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department’s July Visa Bulletin.

For July 2018, the Dates for Filing chart should be used for family-sponsored filings and the Final Action Dates chart should be used for employment-based filings.

About Greenspoon Marder

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Immigration Newsletter, June 27, 2018

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