USCIS Implements New Interpreter Policy – Form G-1256 Declaration for Interpreted USCIS Interview Must be Signed

USCIS Policy Memorandum: The Role and Use of Interpreters in Domestic Field Office Interviews, will be implemented starting May 1, 2017.

USCIS is introducing a “Declaration for Interpreted USCIS Interview” form (Form G-1256). The “Declaration for Interpreted USCIS Interview” informs the interviewee about the importance of using a competent interpreter, and includes an attestation that all parties understand the guidelines that apply to interpretation, including that the interpreter must accurately, literally, and fully interpret for both the interviewee and the interviewer/officer. USCIS requires that the interpreter provide consecutive interpretation to ensure that the interpretation is as close to verbatim as possible.

Form G-1256 must be signed by both the interviewee and the interpreter at the beginning of the interview. The Declaration form reminds the interviewee that the use of an interpreter may expose the interpreter to the confidential information discussed at the time of the interview. It also requires the interpreter to agree to not disclose or share any of the information discussed or learned as a result of serving as the interpreter during the interview.

Attorneys may not serve in their roles as an attorney, accredited representative, or associated representative for the party to the case while simultaneously serving as an interpreter for the interviewee. Further, witnesses are restricted from serving as interpreters, unless the officer determines that there is an exception for good cause.

H-4 Spouses of H-1B Workers’ Employment Authorization (EAD)

USCIS allows certain H-4 spouses of H-1B workers to apply for Employment Authorization (EAD) under the (c)(26) category.

The H-4 spouse must submit identity documents and proof of valid H-4 status. In addition to meeting the following requirement:

  1. The H-1B spouse is the principal beneficiary of an approved Form I-140, Petition for Alien Worker; or
  2. The H-1B spouse has received an extension under AC21, including (1) a labor certification application filed at least 365 days prior to the H-1B 6-year limitation. If the labor certification is approved, include proof that an I-140 petition was filed within 180 days of the approval; or (2) proof that an I-140 petition was filed 365 days prior to the H-1B six-year limitation of stay. 

If the H-4 EAD is filed concurrently with a change of status (Form I-539), USCIS takes the position that the I-539 must be first adjudicated. USCIS is no longer required to adjudicate EAD applications within 90 days, staring January 2017. 

 

纵览2018财年H-1B申请情况

 

移民局2017年4月11日宣布,已经采用计算机随机选择过程或彩票选择足够的H-1B申请,以满足2017年度的65,000个一般类别 (Regular Cap) 和20,000个高级学位 (Master’s Cap) 的名额。移民局将拒绝并返还所有未选择以及重复的申请。 USCIS在4月3日开始的申请期间收到了199,000份H-1B申请。这一数字比去年申请期间的23.3万份申请减少了15.7%。虽然总体申请数量与去年相比有所减少,但今年是连续第五年USCIS在H-1B申请的第一周内就接受足够的申请。

尽管H-1B申请是经济改善工作机会提高的证据,但是今年提交的申请少了也并不奇怪。印度的一些信息技术公司之前就宣布,他们正在减少提交经验较少的H-1B工人人数,这意味着更多的工作将留在印度而不是迁往美国。另外,去年来说,有些小型信息技术公司面临审查,表示会提出较少的H-1B申请。其他的话,很多雇主被H-1B签证的限制所阻挠,可能更不愿意赞助来自美国学校的外国毕业生。

自1997年以来,H-1B上限已经达到了财政年度以来的每一年,除了上限暂时上调至195,000的几年之外。

CA9 Says TPS Recipient is Eligible to Adjust to LPR Status

TPS Recipient is Eligible to Adjust to LPR Status

The Ninth Circuit in Ramirez, et al. v. Brown, et al. found a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant — and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission — for purposes of adjustment of status under INA §245(a). [read the opinion here 17033104]

Temporary protected status is a temporary immigration status to the United States, granted to eligible nationals of designated countries. It first requires a designation. When the Secretary of Homeland Security determines that a foreign state (or any part of a foreign state) faces an ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions that prevent aliens from returning safely, the Attorney General may designate that state (or part of the state) for TPS. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.  

The Ninth Circuit found that a TPS recipient is considered “inspected and admitted” under § 1255(a), and is eligible for adjustment of status because he also meets the other requirements.

Current TPS countries are:

Designated Country Most Recent Designation Date Current Expiration Date Current Re-Registration Period Current Initial Registration Period EAD Extended Through
El Salvador March 9, 2001 March 9, 2018 July 8, 2016 – Sept. 6, 2016 N/A Sept. 9, 2017
Guinea* Nov. 21, 2014 May 21, 2017 N/A N/A May 20, 2017
Haiti July 23, 2011 July 22, 2017 Aug. 25, 2015 – Oct. 26, 2015 N/A July 22, 2016
Honduras Jan. 5, 1999 Jan. 5, 2018 May 16, 2016 – July 15, 2016 N/A Jan. 5, 2017
Liberia* Nov. 21, 2014 May 21, 2017 N/A N/A May 20, 2017
Nepal June 24, 2015 June 24, 2018 Oct. 26, 2016 – Dec. 27, 2016 N/A June 24, 2017
Nicaragua Jan. 5, 1999 Jan. 5, 2018 May 16, 2016 – July 15, 2016 N/A Jan. 5, 2017
Sierra Leone* Nov. 21, 2014 May 21, 2017 N/A N/A May 20, 2017
Somalia Sept. 18, 2012 Sept. 17, 2018 Jan. 17, 2017 – March 20, 2017 N/A Sept. 17, 2017
Sudan May 3, 2013 Nov. 2, 2017 Jan. 25, 2016 – March 25, 2016 N/A Nov. 2, 2016
South Sudan May 3, 2016 Nov. 2, 2017 Jan. 25, 2016 – March 25, 2016 Jan. 25, 2016 – July 25, 2016 Nov. 2, 2016
Syria Oct. 1, 2016 March 31, 2018 Aug. 1, 2016 – Sept. 30, 2016 Aug.1, 2016 – Jan. 30, 2017 March 31, 2017
Yemen March 4, 2017 Sept. 3, 2018 Jan. 4, 2017 – March 6, 2017 Jan. 4, 2017 – July 3, 2017 Sept. 3, 2017

Check USCIS website for the most up-to-date information.