Immigration Highlights

February 28, 2018

NP Immigration Newsletter

Author(s): Courtney H. New, Jason Gerrol

The U.S. immigration landscape continues to shift. Here are several updates from the last few weeks.

Legislation updates

The California Immigrant Worker Protection Act’s notice to employees requirement

California’s Immigrant Worker Protection Act imposes various requirements on California employers with regard to restricting access of federal immigration agencies to nonpublic work areas and I-9 inspections, among other requirements. Specifically, the Act requires employers to provide notice to employees and authorized union representative(s) within 72 hours of receiving an I-9 Notice of Inspection, and in February 2018 the California Labor Commissioner’s Office released a template notice for use in complying with this requirement.

For more information, see our prior alert on the Act, which has been updated with a link to the template notice.

Law and policy changes

National Vetting Center established

On February 6, 2018, President Trump announced plans to establish a National Vetting Center to optimize the screening of individuals entering the U.S. In short, the Center will coordinate vetting efforts of the Department of Homeland Security, Department of State, Department of Justice, Office of National Intelligence and Central Intelligence Agency in order to identify individuals who pose a threat to national security, border security, homeland security or public safety. How exactly the Center will work, and its potential impact on visa adjudications, remains unclear. However, the various agencies involved have been assigned the task of developing a plan to implement the Center, and that plan must ultimately be approved by President Trump.

For more information, see the Optimizing the Use of Federal Government Information in Support of the National Vetting Enterprise memo.

Temporary Protected Status for Syrian nationals extended

On January 31, 2018, the Department of Homeland Security (DHS) announced the extension of Temporary Protected Status (TPS) for Syrian nationals until September 30, 2019. Impacted individuals will be required to re-register for TPS status, although official re-registration information has not yet been released.

For more information, see the DHS website.

Credit card payments of filing fees available for additional USCIS forms

On February 14, 2018, USCIS announced that it will accept credit card payments for filing fees on 41 fee-based forms that are processed at USCIS Lockbox facilities. Applicants will need to submit Form G-1450, Authorization for Credit Card Transaction, with their filing. Importantly, the primary form used for work visa petitions (Form I-129) has not been authorized for credit card transactions.

For more information, see USCIS website.

The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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