[vc_row][vc_column][vc_column_text]A new directive from the Trump administration seeks to change the rules for asylum seekers, with the purported goal of "strengthening asylum procedures".  The proposed changes seem likely to make it more difficult for people to claim asylum and to make life more difficult for the people who do claim asylum.  The directive calls for asylum cases to be adjudicated within 180 days, denying work permits to anyone crossing the border illegally, and requiring asylum seekers to pay an application fee for both their asylum case and a work permit. Under current rules, asylum seekers can apply for work permits regardless of how they enter the country.  After filing for asylum, applicants can seek a work permit after 150 days.  It's very rare that any work permits are issued within 180 days of an applicant applying for asylum.  In practice, the new rules will effectively cease the issuance of work permits to asylum seekers.  And that's assuming that the asylum seeker has the means to afford their asylum or work permit application. Current law already states that asylum cases should be adjudicated within 180 days, but a lack of judicial resources has led to an increasing backlog of immigration and asylum cases.  There are about 850,000 immigration cases pending, with only 400 or so immigration judges to clear them.  Charging fees for an asylum application is likely designed to discourage people from seeking asylum.  Most asylum seekers flee their home countries with few or no resources.  Under most circumstances, they are unable to receive any federal assistance, and they may not be able to afford legal help that could make the difference in their asylum case. The asylum directive calls for these new regulations to be implemented in 90 days, but it is likely that the directive will face legal challenges and will not be implemented that quickly. See the full news story here. The Law Offices of Scott Warmuth offers a full range of immigration legal services.  For a free consultation, call us at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

[vc_row][vc_column][vc_column_text]The wait time for immigrants applying for U.S. citizenship has increased significantly over the past few years.  On average, it now takes 10 months for a legal resident to become a citizen, up from about five months in 2014.  In the city of Los Angeles, the processing time for an Application for Naturalization (N-400) form is currently estimated to be 9.5 to 15.5 months.  Wait times are similar across other service centers throughout California. According to United States Citizenship and Immigration Services (USCIS), N-400 citizenship applications have increased sharply in recent years. Immigration law and immigration priorities have changed dramatically under the Trump administration, and citizenship is not an exception.  N-400 forms are receiving more scrutiny, fewer staff resources, and increased denial rates, effectively making the citizenship process slower and more difficult.  According to one research analysis, the rate at which citizenship applications are being processed is at its slowest level in at least 10 years.  Combine that with an increased number of applications and you have a recipe for long delays. About nine million immigrants are currently eligible for U.S. citizenship.  In most circumstances, United States citizenship is available to adults who have been a legal permanent resident for at least five years.  The benefits of citizenship are immense.

• Voting rights
• Ability to travel abroad without time restrictions or limits
• Ability to sponsor additional family members for a green card
• Additional protections from deportation
• Access to Social Security benefits

Staffing at USCIS offices is not likely to grow significantly, if at all, under the current administration.  If you or a loved one has considered becoming a U.S. citizen, filing your N-400 form as quickly and as accurately as possible is recommended. An experienced immigration lawyer can help.  The Law Offices of Scott Warmuth has been helping permanent residents become United States citizens for 35 years.  For a free citizenship consultation, call our offices today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

[vc_row][vc_column][vc_column_text]The H-1B visa lottery will likely be held sometime this week if the past few years are any indication.  The number of H-1B visas available every year is currently capped at 85,000, of which 20,000 are only available to applicants with advanced degrees.  U.S. Citizenship and Immigration Services (USCIS) will accept H-1B petitions until they have reached that cap or for the first five business days of April.  If the cap level is exceeded in the processing period, a lottery is held to determine which petitions are processed.  In every year since 2013 (Fiscal Year 2014), the number of petitions in the first five days has exceeded the cap level, necessitating a lottery.  The same will likely happen in 2019 (Fiscal Year 2020). Why do we say 'good luck'?  Because the H-1B selection process basically comes down to luck.  It's completely up to chance whose approved petition is selected during the lottery.  The exact odds that an application is chosen varies depending on how many applications are submitted during the filing season.  Odds are also dependent on how many of the applications received have a master's exemption.  The odds of receiving an H-1B visa have always been much higher if the petitioner has earned a master's degree or higher in the United States, but a recent rule change made the advantage even greater. Under the rule change, the lottery is conducted differently.  There are two phases to the H-1B lottery.  Prior to this year, the first phase would choose 20,000 advanced degree holders and the second phase would choose 65,000 from the remaining advanced degree holders and non-advanced degree holders.   The rule change reverses the order of the two phases.  This year, 65,000 applications are chosen first, followed by 20,000 applications with a master's exemption.  This change effectively increases the number of master's exempt applications that are chosen. Let's use last year's application numbers as an example.  There were 95,885 H-1B applications with a master's exemption and 94,213 applications without.  For applications with the master's exemption, there was a 21% chance of being selected in the first phase and a 38% chance of being selected in the 2nd phase.  Overall, H-1B petitions with a master's degree had a 51% chance of being selected.    Petitions without a master's degree had a 38% chance.  With the rule change, the chance for a master's degree applicant increases to 55% and non-master's degree applicant decreases to 34%. With the H-1B filing season likely concluded, there's nothing an applicant can do but wait for the results of the lottery.  Applications that are not chosen for processing will have their filing fee reimbursed.  If you filed an H-1B application and weren't lucky enough to have your petition chosen, there may be other avenues to live and work legally in the United States.  Speak with an immigration lawyer today!  Call the Law Offices of Scott Warmuth at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]

[vc_row][vc_column][vc_column_text]Last year, the Trump administration rescinded Deferred Enforced Departure (DED) for Liberians, providing a one year window for Liberians with DED to leave the United States.  The deadline for leaving the country was this Sunday, March 31, 2019.  Yesterday, the Trump administration extended that deadline by a year to March 31, 2020.  The deadline extension was likely the result of pressure from activists, lawyers, and lawmakers. Liberians were originally offered Temporary Protected Status (TPS) in 1991 after a civil war in their home country.  TPS protections were ended in 1999, but President Clinton offered affected Liberians DED protections after considering the conditions of Liberia at the time.  TPS was again offered from 2002-2007 after a second civil war.  When TPS protections ended in 2007, eligible Liberians were again offered DED protections and work authorizations.  The 2007 DED protections were offered continuously to Liberians who have lived in the United States since 2002, until they were rescinded by President Trump. The Trump administration has made moves to end TPS for several other countries, but has not had much success.  Last October, the courts blocked plans to terminate TPS protections for nationals of El Salvador, Haiti, Nicaragua, and Sudan.  Protections for those countries were extended to January 2, 2020.  Before that ruling, orders to remove TPS recipients from Honduras and Nepal were also blocked by a different court. The future of TPS and DED is still very much up in the air.  For people in the United States with TPS or DED protections, the Law Offices of Scott Warmuth strongly recommends consulting with an immigration law firm to see if you are eligible for a green card or other ways to stay in the country legally.  Call our immigration lawyers today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]