CBP: "Mobile Passport Control App Expands to Seattle-Tacoma International Airport"

Customs and Border Protection (CBP) recently announced the expansion of the Mobile Passport Control (MPC) app—the first authorized app to expedite a traveler’s arrival into the US—to the Seattle-Tacoma Airport. The MPC app was first launched in August 2014 for eligible travelers arriving at Hartsfield-Jackson Atlanta International Airport and was soon available to passengers arriving at Miami International Airport. At this time, eligible travelers for the app include US citizens with a valid US passport and Canadian citizens with both a valid Canadian passport and B-1 or B-2 visa status.

To use the MPC app, eligible travelers must have iOS or Android devices that can connect to the internet and should follow these steps:

• Download the Mobile Passport Control App from the Apple App Store or Google Play Store prior to arriving in US;

• Create a profile using valid passport information. Profiles can be set up for the entire family. Note that all information will be encrypted and shared only with CBP;

• Complete the “New Trip” section upon arrival in the US;

• After submitting the customs declaration form through the app, users receive an electronic receipt with an Encrypted Quick Response (QR) code. By submitting, travelers are confirming under penalty of law that their information is correct. The digital bar-coded receipt is valid for four hours;

• Bring passport and smartphone or tablet with the digital bar-coded receipt to a CBP officer in the Mobile Passport Control line;

We haven't yet been able to field test the app, but reviews range from "app is very good and easy to use" and "we breezed past the line at Immigration and Customs" to more critical user comments including "Waste of time, inconsistent reliability. The set up was easy, the idea is good in theory. However, it needs to work consistently."

Along with the paperless I-94, the Automated Passport Control (APC) kiosks, and Global Entry (which we love), the MPC app is part of CBP's overall "resource optimization strategy which is transforming the way CBP does business in land, air and sea environments." CBP is planning to expand the MPC app to more airports later this spring (Chicago O'Hare International Airport is reportedly up next) and is committed to expanding the program to the twenty airports with the highest volumes of international travelers by the end of 2016. The future of a paperless and electronic CBP is here. And it's on smartphones.

USCIS Reaches FY 2016 H-1B Cap!

The H-1B cap has been reached! US Citizenship and Immigration Services (USCIS) reports that they have reached the congressional-mandated H-1B cap numbers for fiscal year 2016 (i.e., for new H-1B petitions with a start date of October 1, 2015 filed in April of this year). In addition, USCIS has received more than the 20,000 limit of H-1B petitions filed under the US advanced degree exemption.

As in previous years, after completing intake on all H-1B cases received between April 1 and April 7, 2015, USCIS will conduct (on a date yet to be determined) the "H-1B lottery" using a computer-generated process to randomly select the 65,000 regular category petitions and also the 20,000 advanced degree exemption cases. USCIS states they will first select H-1B petitions for the advanced degree exemption; all unselected advanced degree petitions will then become part of the 65,000 general category selection process. Except for duplicate filings, USCIS will return filing fees for all unselected cap-subject petitions. In the meantime, USCIS will continue to accept and process H-1B cap exempt petitions. We will provide updates on when the lottery will take place as soon as USCIS releases this information.

UPDATE 4/14/2015: USCIS reports that they received nearly 233,000 H-1B petitions including advanced degree exemption cases filed during April 1 and April 7, 2015. On April 13, USCIS conducted the H-1B lottery using the computer-generated random selection process to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. In addition, USCIS announced that they will begin premium processing for cap-subject H-1B petitions (including advanced degree cases) on April 27, 2015. This fifteen-day premium processing period will begin on April 27, 2015, regardless of the date on the Form I-797 receipt notice, which merely indicates the date that the premium processing fee is received.

UPDATE 5/5/2015: USCIS announced that it has completed data entry for all fiscal year 2016 H-1B cap-subject petitions selected in the random lottery. This means that they have issued all I-797 receipt notices for all H-1B cap cases that were selected in the lottery although it is not clear that all receipts have been sent out yet. USCIS will now focus on returning all H-1B cap-subject petitions that were not selected. The time frame for returning all unselected petitions is unknown, but USCIS will announce once all the petitions have been returned.

To Start Again

"[O]ne of the great pluses of being an immigrant is that you get to start again. In terms of your identity, you get to shed the sort of narratives which cling to you, where you come from."

 - Joseph O'Neill
 The New Immigrant Experience

Caught in the Act!

Ashley takes a quick break to celebrate National Chocolate Mousse Day (yes, it's a real thing).

Law360: "House Bill Cracks Down On Fraudulent Immigration Attys"

Immigrants should always be wary of fraud and scams (as Protima herself found out) as well as non-lawyers, however well-intentioned, who offer legal advice (as Matt previously discussed). To help combat this danger two Republican congressmen have introduced a bill targeting fraud aimed especially at "Notarios" who claim to be able to help immigrants. The proposed law, called Protecting Immigrants from Legal Exploitation Act, would specifically target those individuals who not only exploit immigrants for money but who also may give incorrect and harmful legal advice.

Under this bill, introduced by Representatives Bill Foster and Ted Deutch, individuals convicted of misrepresenting themselves as immigration attorneys could face up to fifteen years in prison and fines and individuals could also face a ten-year prison sentence for fraudulent immigration services. "We must do more to stop these predators who are exploiting immigrants attempting to play by the rules," Representative Foster said.

Notarios are such a problem that the American Immigration Lawyers Association (AILA) has a website specifically dedicated to educating, informing, and trying to stop notario abuse. Often working in immigrant Latino communities (notario is a recognized title in many Spanish-speaking countries), notarios can "destroy the dreams of immigrants" by promising "low-cost, quick results for everything from citizenship to green card renewal, but often do not know immigration law. Even if they actually do the work they promise, such as file green card papers, they may do it incorrectly and cause permanent harm. In fact, many notarios are simply scam artists, taking their 'client’s' trust–and money–without ever delivering results."

US Citizenship & Immigration Services (USCIS) also has a warning about fraud relevant during tax season. USCIS urges immigrants to "be careful if a tax preparer offers to also help you prepare and file your immigration forms since these "businesses that prepare tax returns may not be authorized to assist you with immigration services." USCIS reminds immigrants that the only people authorized to give legal advice on immigration are licensed attorneys and representatives accredited by the Board of Immigration Appeals. USCIS has helpful information about avoiding legal scams; those who believe they have been a victim of a scam involving a tax preparer should make a report to the Federal Trade Commission.

UPDATE (April 2, 2015): New York City Mayor Bill de Blasio and New York State Attorney General Eric T. Schneiderman today announced the creation of a joint task force to combat immigration fraud in advance of the full implementation of President Obama's executive actions on immigration reform. This task force will focus on enforcement resources and a public awareness campaign to stop individuals from taking advantage of immigrants, focusing specifically, much like the proposed law discussed above, on "Notario" fraud and those providing unauthorized and fraudulent immigration services. The mayor said:

‘The president’s immigration reforms will initiate an economic, political and social transformation of our cities and our country, but unfortunately, this progress also brings new opportunities for criminals who prey on the most vulnerable among us...Our joint City-State anti-fraud task force will stop fraudsters in their tracks and provide a safe place for immigrant fraud victims to come forward. While New York is taking bold action, we are also working in collaboration with cities and states across the country to prevent fraud and protect families nationwide.’

The task force creation follows the recently passed New York State's Immigration Assistance Service Enforcement Act, which "establishes protections for immigrants who use the services of individuals or businesses that falsely represent themselves as certified legal advisors for citizenship and other issues." Attorney General Schneiderman, whose office was responsible last year for the establishment of a $2.2 million restitution fund for victims of two large immigration fraud schemes, said: “Together we are sending a powerful message that New York has zero tolerance for anyone who seeks to prey on immigrants and their families[.]”

A Knowledge Economy

"To lead the world in this new economy, we need the most talented and hardest-working people. We need to train and attract the best...Given all this, why do we kick out the more than 40 percent of math and science graduate students who are not U.S. citizens after educating them? Why do we offer so few H-1B visas for talented specialists that the supply runs out within days of becoming available each year, even though we know each of these jobs will create two or three more American jobs in return?"

- Mark Zuckerberg
Op-Ed, The Washington Post

H-1B Rally!

The final Friday before all the H-1B cap petitions are due on April 1. Let's do this!

The Washington Post: "Debating the residency status of Ariel from 'The Little Mermaid'"

The current topic of conversation in the immigration world is not about the upcoming H-1B cap filing date of April 1 (okay, that's important too—get ready, everyone!) but rather the incredibly important question about the residency status of Ariel from The Little Mermaid, the classic animated film beloved by pretty much everyone including most of the people in our office. The US House of Representatives Judiciary Committee started this debate by using Ariel in an official press release consisting of GIFs about a Republican bill to allow state and local governments to enforce federal immigration law. Yes, that's an actual press release. (House Speaker John Boehner would certainly approve). In response to the committee's release, several people questioned whether Ariel would be considered an "illegal alien" due to her residency in the MerKingdom under the sea.

The National Council of La Raza called the release a "case study in how to ignore facts and turn a heartbreaking situation for millions of American families into a juvenile BuzzFeed rip-off" and ZDNet blogger David Gewirtz noted that the press release used images from popular films and television that could be interpreted as copyright violations, which is interesting given that this is from "the committee that oversees copyright law."

More helpfully, The Washington Post's The Fix outlined Ariel's immigration possibilities to Denmark (where Hans Christian Andersen, the author of the much darker original Little Mermaid tale, originated) and also to the US, though immigrating here "would be difficult for Ariel." In an informal strategy session around the water cooler, our office suggested that an O-1 for an individual of  “extraordinary ability" might be appropriate. What's Ariel's talent? Swimming, possibly, but more likely singing or modeling (she did make Prince Eric fall in love with her without saying a word, as Michal, one of our paralegals, noted). Several paralegals volunteered to work on the case. Citing attorney-client confidentiality, Protima would not confirm if Ariel would be our first Merpeople client.

At any rate, maybe it really is better for Ariel to stay under the sea.