Immigration News Update (Newsletter)—November 2021

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KBI Wins in H1-B Market Research Analyst Case!

The MadKudu v. USCIS class action was filed to challenge U.S. Citizenship and Immigration Services’ denial of market research analyst H-1B petitions. We sought relief for employers and others whose petitions had been denied based on USCIS’ determination that the Department of Labor’s Occupational Outlook Handbook entry for market research analysts does not establish that the occupation is a “specialty occupation” under the first regulatory criterion in 8 C.F.R. § 214.2(h)(4)(iii)(A)(1)—and but for this determination, USCIS would have approved the H-1B petitions. After the court certified a class, and plaintiffs filed a motion for summary judgment, the parties entered into settlement negotiations. The negotiations included a stipulation to an amended class definition. On October 19, 2021, the court certified the amended class definition and approved the settlement agreement. Class members should apply as soon as possible after USCIS issues its announcement with directions for class members. Class members will have 180 days in which to request that USCIS reopen their denied H-1B petitions for market research analyst—with the first day being the day that USCIS issues its announcement. If you think you might be a class member, reach out to us for a case evaluation appointment.

Read below for more on this and the other immigration news of the day.

At Kuck Baxter Immigration, we are dedicated to providing you up with the minute information through Twitter, Facebook, Linkedin, our Blog, and our Podcast. Don’t forget to check these out, and don’t hesitate to send your questions or comments. Information and knowledge are power.

Tambien, puede leer estas noticias en Espanol!

Upcoming Events and Kuck Baxter Immigration Media

Every day at 2:00 pm, we have been doing daily Facebook Live events every day on the Kuck Baxter Immigration Facebook Page, in both English and Spanish. You are always welcome to stop by and ask your questions live or send a private Facebook message.

During normal times, we regularly speak at community events, continuing legal education seminars, Human Resource conferences, and at universities and colleges around the US. If you would like us to speak to your group for free, let us know! Also, check out our website and come on out to an event! We also do a Facebook live every week, in both English and Spanish, every day at 2 pm. Follow us on our Facebook page and catch the action! You can also follow us on our YouTube page, which has hundreds of videos encompassing every immigration topic.

Have You Checked Out Our Blog and our Podcast?

Our Blogis updated each week with information, breaking news, and answers to questions you need to know!

You can also listen to our Top 50 rated podcast, “The Immigration Hour” podcast, that we post each Wednesday. Download it and listen at your leisure. If you have comments on the podcast or topics you would like us to talk about on The Immigration Hour, let us know!

Here is the Immigration News You NEED to Know Now

UP-TO-DATE IMMIGRATION NEWS

Settlement Agreement Outlines ‘New, Overarching’ Guidance for H-1B Petitions for Market Research Analysts –USCIS reached a settlement agreement in the case of MadKudu Inc. v. USCIS that the agency said “outlines new, overarching guidance” for adjudicating pending or future H-1B petitions for market research analysts.

President Biden Replaces Country-by-Country Pandemic-Related Air Travel Restrictions With Vaccine Requirement– Effective November 8, 2021, a new Presidential Proclamation that governs the entry into the United States by air of “noncitizen nonimmigrants” revokes previous country-by-country restrictions applied during the COVID-19 pandemic and replaces them with a vaccination requirement.

USCIS Releases E-Verify Updates on Referred TNCs and Open Cases – E-Verify will begin updating some referred Social Security number tentative non confirmations with final responses.

USCIS Expands Guidance on Supporting Evidence for Liberian Refugee Immigration Fairness Applications; Deadline is Dec. 20– USCIS has clarified steps applicants must take if they cannot submit primary evidence of Liberian nationality to support an LRIF-based application for adjustment of status.

DHS Terminates Migrant Protection Protocols – Alejandro Mayorkas, Secretary of Homeland Security, announced the termination of the MPP, a controversial program under which undocumented migrants seeking admission to the United States via Mexico must await their court proceedings in Mexico.

DHS Issues New Guidelines on Avoiding Enforcement Actions in or Near ‘Protected Areas’– A non-exhaustive list of protected areas includes schools; medical or mental health care facilities; places of worship or religious study; places where children gather; social services facilities; places where disaster or emergency services are provided; funerals; weddings; and ongoing parades, demonstrations, or rallies.

For details on these news briefs,click here!

New Publications and Items of Interest

New E-Verify feature. A new E-Verify feature, myUploads, allows employees to upload required documents in JPEG, PNG, or PDF formats to help resolve Tentative Nonconfirmations (TNCs). Employees can access their my E-Verify accounts by logging into their USCIS online accounts and uploading the requested documents. They can still use fax or mail to submit documents if they prefer. The employer should provide the Further Action Notice (FAN) to the affected employee, discuss the TNC privately with the employee, and allow the employee to decide whether he or she will contest the TNC. The FAN includes the steps for using myUploads to help resolve a DHS TNC. Once uploaded, the employee must call the number on the FAN to resolve the case.https://myeverify.uscis.gov/

New SAVE features. Systematic Alien Verification for Entitlements (SAVE) is enhancing its case search capabilities, including improved usability through a search bar and other features, and a more robust case search engine. SAVE will notify users by email at least three weeks before the go-live date for enhancements. https://save.uscis.gov/web/media/resourcesContents/SAVESearchCasesTipSheet.pdf

Helpful Links:

Immigration Agency Information

Department of Homeland Security:DHS.gov/coronavirus

ICE:
CBP:
Department of Labor:
Justice Department
Agency Twitter Accounts
  • EOIR: @DOJ_EOIR
  • ICE: @ICEgov
  • Study in the States: @StudyinStates
  • USCIS: @USCIS
Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/webinars.
E-Verify webinar schedule. E-Verify has released its calendar of webinars at https://www.e-verify.gov/calendar-field_date_and_time/month
NFor Details on these and other topics, click www.immigration.net!
Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online: https://egov.uscis.gov/processing-times/

Department of State Visa Bulletin:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

Visa application wait times for any post:https://travel.state.gov/content/visas/en/general/wait-times.html/

Kuck Baxter Immigration — In The News

Charles Kuck was quoted in a press release on MadKudu Inc. v. USCIS, a case in which the parties reached a settlement agreement about the classification of market research analyst positions as H-1B specialty occupations. Mr. Kuck said, “It is unfortunate that the only way for USCIS to follow the law and do the right thing is to bring litigation. But, know this—we will be watching for USCIS compliance with this decision, and we will be prepared to pursue litigation for other interpretive violations of written law and regulation that the agency has permitted to occur.”

Charles Kuck was quoted by Bloomberg Law in “Chronic Green Card Backlog Gains Lawmakers’ Bipartisan Attention. Commenting on things U.S. Citizenship and Immigration Services (USCIS) could do to reduce backlogs, Mr. Kuck said, “The idea that USCIS does not have the resources is not true. They don’t have the will.” https://bit.ly/3ARW2ii(registration required)

Charles Kuck was quoted by the Atlanta Journal-Constitution in “Kemp’s Immigration Policy Could Complicate Bid for Second Term.” Mr. Kuck said Governor Brian Kemp of Georgia was in search of a “shiny object” to distract from former President Trump’s ongoing attacks targeting the governor. “This is a reelection stunt. If he’s going to the border, he’s searching for a solution that does not exist,” Mr. Kuck said. https://bit.ly/3Bt9gDo

Charles Kuck, represented plaintiffs in a recent case, Kinsley v. Blinken, in which a U.S. district court judge issued a decision on October 5, 2021, prohibiting the use of travel bans as a reason not to process or issue visas. Mr. Kuck was quoted by the Times of India in “Good News for H-1B Visa Holders Stranded in India.” Mr. Kuck said, “We are grateful that Judge Boasberg saw through the cascade of baseless legal theories put forward by the Department of State to finally and affirmatively rule that it is a violation of federal law to refuse to issue visas solely because a President has proclaimed an entry ban under the Immigration and Nationality Act 212(f). We call on the Department of State to now do away with its ridiculous and legally unnecessary national interest exemption program and get back to the business of visa issuance around the world regardless of those entry bans.” https://bit.ly/30bBbKl

Charles Kuck was quoted by Atlanta Magazine in “Freedom University Wasn’t Meant to Last This Long.” He said the Board of Regents of Freedom University is “not answerable to the state legislature” and can change policies if it chooses, at least for Deferred Action for Childhood Arrivals recipients. He blamed a lack of progress on “constant finger-pointing between the legislature and the regents. ” ‘It’s their fault. It’s their fault. It’s their fault.’ That’s what’s extraordinarily frustrating about this. Nobody wants to take responsibility for depriving these kids of an education.”https://www.atlantamagazine.com/great-reads/freedom-university-wasnt-meant-to-last-this-long/

Kuck Baxter Immigration LLC published its US legal guide for Corporate Immigration. It can be found at https://iclg.com/practice-areas/corporate-immigration-laws-and-regulations/usa

Kuck Baxter Immigration LLC has an office in Adel, Georgia, near the Irwin, Folkston, and Stewart Detention Centers, which hold more than 6,000 detained immigrants. The new office is managed by our Partner Elizabeth Matherne, the former Director for the Southern Poverty Law Center’s Irwin Detention Project.https://www.immigration.net/south-georgia/The South Georgia Office is located at 124 S. Burwell Ave. Adel, Georgia. The phone number is 229-472-5775.

We have changed the location of our podcast–The Immigration Hour— to Stitcher. We are entering our 13th year of continuous broadcasts. Listen each week for our latest take on immigration and immigration law!

You can follow us on Twitter @KuckBaxter or @CKuck

You can also get constantly updated news on our Facebook page.

Feel free to reach out with any questions or for help in your immigration case at 404-816-8611 or immigration@immigration.net.

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Kuck Baxter Immigration

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