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EIG Dispatch | June 5, 2015

June 5, 2015

 

HIGHLIGHTS

  • USCIS Rolls Out New Form I-765
  • BALCA Clarifies Resume Review Process for PERM Labor Certifications
  • USCIS Extends Temporary Protected Status (TPS) for Somalia Foreign Nationals

USCIS Rolls Out New Form I-765

Following the new regulation granting employment authorization for certain H-4 visa holders, USCIS has recently issued an updated form I-765. This new form I-765, already in use at EIG, has a specific section to make reference to the new (c)(26) regulation which allows certain H-4 visa holders the option to pursue work authorization. However, USCIS will continue to accept the old Form I-765 provided proper documentation is submitted, and there should be no difference in processing either edition of the Form I-765.

Although USCIS typically issues EAD cards within a 90 to 120 day window, applicants should expect some delays due to the volume of demands.


BALCA Clarifies Resume Review Process for PERM Labor Certifications 

The Board of Alien Labor Certification Appeals (BALCA) has recently provided more guidance on the resume review process that follows the mandatory recruitment period for PERM Labor Certifications. In the Matter of Presto Absorbent Products, Inc., BALCA ruled that when an Employer specifies on its Recruitment Report that applicants were rejected for failure to meet the experience requirements and that the Applicants would not be able to gain the experience with a reasonable amount of on the job training, the Employer does not need to provide additional details as to how the Applicant lacked the experience requirement. Furthermore, BALCA also provided guidance as to which company representatives may conduct the resume review following the recruitment period. BALCA stated that as long as the person conducting the resume review process is involved in the company’s overall hiring process, he/she can perform the resume review following PERM recruitment. BALCA’s decision in this case provides critical feedback to employers to ensure compliance with the pertinent PERM Labor regulations regarding resume review and recruitment.


USCIS Extends Temporary Protected Status (TPS) for Somalia Foreign Nationals

Temporary Protected Status (TPS) has been extended for eligible nationals of Somalia and displaced individuals whose last place of residence was Somalia for a period of 18 months. The extension will take effect on September 18, 2015 and extend through March 17, 2017.  The re-registration period for those needing to extend their TPS is from now until July 31, 2015. During this period, applicants will be able to apply for new Employment Authorization Documents (EAD) also covering the 18 month period.

In order to re-register, the beneficiaries must submit the following:

  1. Form I-821, Application for Temporary Protected Status  (application fee does not apply)
  2. Biometrics services fee or waiver
  3. Form I-765, Application for Employment Authorization
  4. Form I-765 application fee or waiver if applying for the EAD card. Applicants not seeking the EAD are exempt from the fee.

The forms are located on www.uscis.gov. Other information regarding the process can be found at www.uscis.gov/tps. Any applications submitted without the appropriate filing fees or fee waivers will be rejected by USCIS.  An applicant may request a fee waiver by filing Form I-912 or a written request with supporting documents explaining their inability to pay.