USCIS Clarifies Start Date for Maximum 60-Day Grace Period Following Termination of Employment

 

On March 10, 2023, U.S. Citizens and Immigration Services (USCIS) provided clarification on the 60-day grace period offered to nonimmigrant workers who have been terminated or who have resigned from their jobs. This is relevant given recent layoffs affecting nonimmigrant visa holders.

USCIS now clarifies that the “grace period starts the day after termination of employment, which is typically determined based on the last day for which a salary or wage is paid.” Consequently, the date on the employee’s final pay statement will indicate the start of the grace period. This may afford a terminated employee more time between their last day of in-office employment and when the 60-day clock starts running.

Read more: https://www.natlawreview.com/article/uscis-clarifies-start-date-maximum-60-day-grace-period-following-termination. Please, contact Darren Heyman, Las Vegas immigration attorney, for more information.

Mexican man sentenced for smuggling over 8 kilos of narcotics in candy box following HSI, federal partner investigation

 

McALLEN, Texas — A Mexican citizen was sentenced today to more than 12 years in federal prison following his conviction for smuggling cocaine and methamphetamines. The investigation was conducted by Homeland Security Investigations (HSI) with help from U.S. Customs and Border Protection.

On April 13, a federal judge sentenced Nestor Alan Garcia, 28, of Monterrey, Mexico, to serve 144 months in prison to be immediately followed by five years of supervised release. At the hearing, the court heard arguments on whether Garcia had a larger role in the conspiracy beyond his participation as a transporter. The court heard that Garcia should receive an appropriate sentence based on the amount and purity of the drugs he and others smuggled into the country. Following a four-day trial, the jury deliberated for approximately 45 minutes before returning a guilty verdict Sept. 22, 2022, on all six counts as charged. Read more at: https://www.ice.gov/news/releases/mexican-man-sentenced-smuggling-over-8-kilos-narcotics-candy-box-following-hsi

Contact Darren Heyman, immigration attorney, for more information.

San Diego-based human trafficking investigation leads to criminal charges for foreign national

 SAN DIEGO — A Homeland Security Investigations (HSI) San Diego-led investigation with support from the U.S. Attorney’s Office for Southern District of California resulted in criminal charges against a foreign national accused of human smuggling and sexually exploiting an underage migrant.

Cecilio Jimenez-Bautista, 26, of Mexico, appeared in federal court April 6 to face charges that he sexually abused a 17-year-old unaccompanied minor he and his brother guided from Tijuana, Mexico, into the United States in June 2022. Read more at: https://www.ice.gov/news/releases/san-diego-based-human-trafficking-investigation-leads-criminal-charges-foreign
Contact Darren Heyman, immigration attorney, for more information.

USCIS Updates Policy Guidance on Safe Mailing Address and Case Handling Procedures for Certain Protected Persons

 U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to provide guidance on mailing address procedures for persons eligible for and recipients of victim-based immigration relief, specifically Violence Against Women Act (VAWA) self-petitioners as well as those who are seeking or currently hold T or U nonimmigrant status (protected persons). This guidance also applies to abused spouses of certain nonimmigrants applying for employment authorization under section 106 of the Immigration and Nationality Act. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-guidance-on-safe-mailing-address-and-case-handling-procedures-for-certain

Contact Darren Heyman, immigration attorney, for more information.

Employers May File H-2B Petitions for FY 2023 Late Second Half Returning Workers

 Starting April 13, 2023, USCIS will begin accepting petitions for workers for the late second half of fiscal year (FY) 2023, requesting employment start dates from May 15, 2023, to Sept. 30, 2023 under the H-2B supplemental cap temporary final rule. The 10,000 visas made available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on a new attestation form. Read more at: https://www.uscis.gov/newsroom/alerts/employers-may-file-h-2b-petitions-for-fy-2023-late-second-half-returning-workers

Contact Darren Heyman, immigration attorney, for more information.

HSI Baltimore investigation lands Texas resident in prison for conspiring to rob ATMs

 BALTIMORE — An investigation conducted by Homeland Security Investigations (HSI) Baltimore and the Baltimore County Police Department has landed a Texas resident in federal prison for two years, followed by three years of supervised release, for conspiracy to commit interstate transportation of stolen goods. Robert Reeves III, 37, of Dallas, received the sentence March 28 for breaking into businesses and stealing cash from bitcoin-related automated teller machines. As part of his sentence, Reeves must also pay restitution in the full amount of the victims’ losses, which totals more than $55,000.
Read more at: https://www.ice.gov/news/releases/hsi-baltimore-investigation-lands-texas-resident-prison-conspiring-rob-atms
Contact Darren Heyman, immigration attorney, for more information.

Provision Allowing Special Immigrant Juveniles to File Form I-360 in Person Before Their 21st Birthday

Petitioners for Special Immigrant Juvenile (SIJ) classification (or their representatives) may schedule an appointment within two weeks before their 21st birthday to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, in person.

SIJ petitioners must file Form I-360 before their 21st birthday. SIJ petitioners nearing age 21 may call the USCIS Contact Center at 800-375-5283 to schedule an SIJ expedite appointment at a local field office so they can file Form I-360 in person within two weeks before they turn 21.

Read more at: https://www.uscis.gov/newsroom/alerts/provision-allowing-special-immigrant-juveniles-to-file-form-i-360-in-person-before-their-21st

Contact Darren Heyman, immigration attorney, for more information.

USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693

 

U.S. Citizenship and Immigration Services is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit, including Form I-485, Application to Register Permanent Residence or Adjust Status. The requirement had been subject to a temporary waiver since Dec. 9, 2021.Read more at: https://www.uscis.gov/newsroom/alerts/uscis-removes-60-day-rule-for-civil-surgeon-signatures-on-form-i-693
Contact Darren Heyman, immigration attorney, for more information.

USCIS Updates Guidance on Administrative Naturalization Ceremony Venues

 U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify the types of venues USCIS may use for administrative naturalization ceremonies.

This clarifying guidance is part of USCIS efforts to educate the public and those seeking to donate venue spaces, and to provide more transparency on how to partner with USCIS on naturalization ceremonies. USCIS has a long-standing goal of promoting public understanding of the naturalization process and welcomes facility donations from public and private entities in line with our Policy Manual guidance and corresponding federal regulations.
Read more at: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-administrative-naturalization-ceremony-venues

Contact Darren Heyman, immigration attorney, for more information.

Cap Reached for Additional Returning Worker H-2B Visas for the Early Second Half of FY 2023

 U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 16,500 H-2B visas made available for returning workers for the early second half of fiscal year (FY) 2023 with start dates from April 1, 2023 to May 14, 2023, under the FY 2023 H-2B supplemental visa temporary final rule. We will reject and return any H-2B petitions received after March 30, 2023, that are filed for a returning worker under the early second half of FY 2023 allocation. Read more at: https://www.uscis.gov/newsroom/alerts/cap-reached-for-additional-returning-worker-h-2b-visas-for-the-early-second-half-of-fy-2023

Contact Darren Heyman, immigration attorney, for more information.