EIG Dispatch | July 31, 2015


EIG University: How to Correct your I-94

  • Proposed Changes to FOIA Procedures
  • USCIS Recalls Certain Three-Year Work Permits Assigned to DACA Recipients
  • China Approves First Work Permit for International Student

Proposed Changes to FOIA Procedures

DHS has proposed changes to the existing Freedom of Information Act (FOIA) and Privacy Act Procedures in efforts to streamline the language of the procedures and to incorporate the FOIA amendments under the OPEN Government Act of 2007.

Most of these changes clarify the existing act by reorganizing the paragraphs, adding definitions, or redefining terms. However, noteworthy changes include:

  • Replacing the updated “Public Reading Rooms” section with a new section informing the public that certain records are available online and that the DHS Privacy Office can assist individuals without internet access to obtain these records.
  • Eliminating the written authorization by the individual subject of the records for third-party requests; however, third-party requesters will have access to more information with the written authorization. Furthermore, in certain situations the written authorization will be required for the release of any information. Ultimately, DHS will have the discretion to determine if proper consent has been received.
  • DHS will now reroute misdirected requests without further action from the requester. However, if the request should have been directed outside of DHS, DHS will inform the requester that they do not have the information requested.
  • DHS will include tracking for requests granted expedited processing. DHS will also include two new justifications for expedited processing: (1) the loss of substantial due process rights; and (2) aA matter of widespread and exceptional media interest in which there exist possible questions about the government’s integrity which affect public confidence.

You can read all of the suggested changes and/or make a comment to the proposal on the Federal Register. All comments are due by September 28, 2015.

USCIS Recalls Certain Three-Year Work Permits Assigned to DACA Recipients

Following a February 16, 2015 court order, USCIS is recalling certain three-year employment authorization cards assigned to DACA recipients.  USCIS sent out recall letters instructing the recipient to return the EAD card immediately.  If these recipients fail to return the card, USCIS will terminate their work authorization effective July 31, 2015.

If you are unsure if your EAD card has been recalled, USCIS has created a new online tool you can use to verify whether you need to return your card. Additionally, USCIS has created a fact sheet available in several languages to further clarify this recall.

China Approves First Work Permit for International Student

In an effort to lure and retain global talent, Shanghai released on June 29, 2015 a new talent policy which aims at relaxing the visa regulations and requirements for permanent residency. Previously, foreign students wanting to remain in China at the completion of their degree would have to first meet a minimum of two years work experience, and have obtained a Master’s degree or above from a Shanghai university.

The new policy will allow foreign students graduating from Chinese universities with a Bachelor’s degree or above to obtain a two-year residence permit that will allow them to work in Shanghai and contribute to the city’s growing economy and job market. The first work permit for international students was approved in Shanghai this month, and will allow a young graduate to work in Shanghai without having to leave the country to transfer his visa.