Deferred Inspection Is Your Friend

When some foreign nationals hear “Deferred Inspection,” they may understandably feel a sense of anxiety or dread. But while “Deferred Inspection” does have a somewhat ominous sound, this process, not to be confused with “secondary inspection,” actually has the potential to be quite useful and helpful for many foreign nationals.

When foreign nationals arrive at a US port of entry, normally a Customs and Border Protection (CBP) officer will inspect the foreign national’s relevant documentation (passport, visa stamp, I-797 Approval Notice, for example) to confirm their immigration status and admit them to the US in that status (this is referred to as "primary inspection"). In some circumstances, however, the documentation presented by the foreign national at primary inspection may not allow the inspecting CBP officer to come to an immediate decision concerning the foreign national's immigration status. Consequently, the inspecting officer may then either: 1) refer the foreign national to secondary inspection, where CBP officers will further review the foreign national’s status; or 2) they may admit the foreign national to the US but schedule an appointment for them to appear at a Deferred Inspection Site on a future date so the foreign national can provide the missing or additional documentation needed. Foreign nationals may also return to Deferred Inspection after they are admitted to the US to request that CBP correct an error an officer made when admitting the foreign national (such as the misspelling of a name or the incorrect visa category).

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Exciting Improvements to I-94 Portal

On its one-year anniversary of the new electronic I-94 system, US Customs and Border Protection (CBP) decided to make a few changes. Overall, we think these are great but have noted a few hiccups. (See Ashley's post for more information on the original I-94 portal).

CBP has eliminated several of the information fields that previously had to be completed in order to view and print the I-94 information. Foreign nationals no longer need to fill in their most recent date of entry to the US or their class of admission. The new electronic system automatically pulls up this information on its own. While this is great from a time-saving perspective, it does make us a bit nervous (sorry, CBP).  When looking up and printing I-94s, we will be checking very carefully to ensure all the information is correct.

A second new feature of the electronic I-94 system includes the option to obtain a list of foreign nationals’ trips to and from the US. This is incredibly useful to foreign nationals who need to list their last five trips to the US when completing a DS-160 or who need to count their days spent in the US for tax purposes or to recapture time on an H-1B or L-1.  

Undaunted, our own Lizzie B. tested the system. She reports: “I just tried finding an I-94 and got an I-94 record from 2013 instead of the most recent entry from April of 2014! I called CBP and they said that many people are having the same problem. They are having systems maintenance issues but it should be fixed ‘in a few days.’”  We have also noted that the travel history may not include each and every trip a foreign national has taken to the US so again we will be checking all information very carefully. We imagine that in a few days when these hiccups have been fixed and the system is working well, we will find these new changes incredibly helpful.

New York Times Op-Ed: "Tomorrow’s America, in Queens"

When fifty years ago the 1964-65 World's Fair opened in Flushing Meadow Park, critics did not love it, says Joseph Tirella, author of Tomorrow-Land: The 1964-65 World’s Fair and the Transformation of America. These critics, who called it backward and middlebrow, missed the point:

It wasn’t about fancy pavilions or gee-whiz technology. By introducing the country to cultures beyond Western Europe, the World’s Fair laid the groundwork for the demographic revolution that would transform America in subsequent decades.

Although the fair exhibited Michelangelo’s “La Pietà" on loan from the Vatican (thanks, guys) as well as many American exhibits (such as Disney's “It’s a Small World” ride), due to a boycott by most Western European countries, Mr. Tirella writes that "Flushing Meadow was populated by the rest: Africa and Asia, the Middle East and the Caribbean, and Central and South America all came to Queens, bringing with them their peoples, their languages and their cultures." In 1965, the same month the fair closed, President Lyndon B. Johnson signed into law the 1965 Immigration Act, which opened up the US to millions and helped create the diverse ethnic groups seen today in Queens and the US.

The NY Times has published recollections by some of the fifty-one million fairgoers, and also detailed some the activism and protests that occurred at the fair. The Brian Lehrer Show discussed the fair's significance (Belgian waffles and color TV!). And in case you're curious, here according to General Motors Futurama 2 ride, is what the future--"a world of awesome beauty"--was supposed to look like (perhaps still will):


A New N-400

When US Citizenship and Immigration Services (USCIS) makes changes to an application form, usually they are minor--a few new questions, an added bar code, a new font. Not so with the new N-400, Application for Naturalization. This form, filed by foreign nationals who are Lawful Permanent Residents (i.e., have Green Cards) and want to become US citizens, has just had a major overhaul, though the eligibility requirements to apply haven’t changed. USCIS states that the revisions “provide USCIS with additional tools to make important eligibility determinations, present customers with clearer instructions, and incorporate technology that improves efficiency and accuracy for both USCIS and our customers.”

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BBC News: "US refuses visa for Iran's UN envoy choice Hamid Aboutalebi"

The US has refused to grant a visa to Iran's new ambassador to the United Nations, due to his alleged involvement in the group behind the 1979 takeover of the US Embassy in Tehran. This would effectively prevent him from assuming his duties at the New York-based United Nations.

CNN reports that Hamid Aboutalebi--a veteran diplomat with posts in Australia, Belgium, and Italy--was a member of the Muslim Students Following the Imam's Line, which held fifty-two Americans hostage for 444 days at the Embassy.

He reportedly denies involvement and says he was only later asked to translate for the group. He is also alleged to be involved in the murder of an Iranian government defector, Mohamed Hossein Naghdi, who was shot dead in Rome.

CNN reports that Iran is standing by his nomination despite the visa refusal.

The BBC states: "It is believed the US has never before denied a visa for a UN ambassador and correspondents say there is concern among diplomats about the precedent that could be set."

The Telegraph: "Nigella Lawson barred from boarding US-bound flight"

British author and television personality Nigella Lawson was not permitted to board a US-bound flight to LA, after having admitting to drug use during court testimony last year, the Telegraph reports. While a US Customs and Border Protection (CBP) spokesman declined to comment specifically regarding Ms. Lawson, a spokesman did say that "'foreigners who had admitted committing drugs offences in the US or another country were deemed to be liable to be refused admission.'" In this case, Ms. Lawson was never charged in the UK and had reportedly been allowed to enter the US even after the admission of drug use.

Matt Bray has discussed inadmissibility, visa issuance, and criminal waivers in the context of alcohol-related incidents, and the State Department also has information about ineligibilities and waivers. Regarding Ms. Lawson, writer Judith Woods calls the incident a "cheap shot" and to "please leave Nigella alone!"

H-1B Cap Reached!

US Citizenship and Immigration Services (USCIS) announced today that it has received sufficient H-1B cases (both bachelor's degree general category and US master's degree level) to reach the annual fiscal year 2015 cap numbers. (The 2015 fiscal year begins on October 1, 2014, and the caps are set at 65,000 for the bachelor's degree general category cases and 20,000 for master's degree cases). The petitions received will be entered into a lottery and randomly selected via computer process. USCIS notes that while a date for the lottery is not set yet, the master's degree lottery will take place first and any master's cases not selected will then be entered in the bachelor's level lottery. Stand by for the date the lottery will occur.

For more information about the H-1B cap, see Protima's post. And for all the gritty details on the H-1B visa (along with E-3, TN, and H-1B1 and a super helpful chart), see Lizzie B.'s post.

UPDATE: USCIS announced that a lottery was conducted on April 10, 2014 for the approximately 172,500 H-1B cap petitions received beginning April 1. For cases not selected in the lottery, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing. 

Also noted in press release: for H-1B cap cases filed via premium processing, USCIS will begin the fifteen calendar day processing no later than April 28. And, of course, USCIS is normally processing H-1B petitions not subject to the cap.