A Review of Some Announced and Proposed Changes in Immigration Law.
Most people know of Congress’s various legalization proposals, but there have also been announced changes and proposals to immigration law as used by businesses that employ professional workers. This article presents a summary of significant announced and proposed changes.
Premium Processing*
The Citizenship and Immigration Service (CIS) has announced that premium processing (expedited processing in exchange for additional filing fees) will be expanded to include Immigrant Petitions (except National Interest I-140s), Applications for Employment Authorization and Travel Documents Applications.
Concurrent Filing*
CIS has announced plans to stop accepting concurrently filed Immigrant Petitions and Adjustment of Status Applications. Having an Adjustment Application (formal greencard application of the foreign worker) on file is important; this Application renders the foreign worker (and dependent family members who file for adjustment) eligible to apply for employment cards and travel documents.
I-9s
Proposals have been made that would permit electronic signing and retention of Employment Eligibility Verification documents, regarding employer responses to Social Security Mismatch Letters, and regarding subcontractors.
Labor Certifications
The Department of Labor (DOL) proposed the elimination of labor certification substitutions and implementation of a 45-day period of labor certification validity during which an Immigrant Petition would have to be filed or the labor certification would be of no use. Comments to the proposal are under consideration.
These are some of the noteworthy changes that are upcoming or have been proposed. There could be additional developments before the year is over.
* As of the date of this article, a start date for this announced change had not been made public.
Catherine V. Wadhwani has been practicing immigration law for more than a decade. She is Chair of the Immigration Practice of Spilman Thomas & Battle, PLLC, and is located in the firm’s Pittsburgh office. She can be contacted via email at cwadhwani@spilmanlaw.com or by calling 412-325-3301.