Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on March 29, 2012. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. In this notice, DHS also sets forth the procedures for nationals of Syria (or aliens having no nationality who last habitually resided in Syria) to apply for TPS and EADs with U.S. Citizenship and Immigration Services (USCIS).”

DATES: This designation of Syria for TPS is effective on March 29, 2012 and will remain in effect through September 30, 2013. The 180-day registration period for eligible individuals to submit TPS applications begins March 29, 2012, and will remain in effect through September 30, 2013.”

Those who may be eligible for Temporary Protected Status , or who have questions about TPS, should call an Immigration Attorney prior to filing to make sure the applications are approvable and to avoid mistakes that could result in denial of the application.

NOTE: A CORRECTION WAS PUBLISHED IN THE FEDERAL REGISTER STATING THAT THE DEADLINE FOR REGISTRATION IS SEPTEMBER 25,2012 NOT SEPTEMBER 30, 2013.

Last year at the same time, only 5,900 petitions were filed during the first week of April toward the 65,000 cap, and 4,500 petitions were received toward the “Masters” cap. Not only does this demonstrate that the U.S. economy is picking up, but also that the cap is going to be reached far sooner than last year, when the cap was reached in November.

Any employers who are considering hiring foreign workers for “specialty occupations” (jobs requiring at least a four year bachelor’s degree) should file soon. Students who are here in OPT (Optional Practical Training) status may continue to work, and change to H-1B status provided their employer files a petition prior to the expiration of OPT. Special regulations provide an extension of their OPT status and work authorization until their H-1B start date of October 1st.

Many employers find themselves with a potential H-1B employee but are not familiar with the requirements and the process for hiring H-1B employees. Because of the complexities and the expense involved in hiring an H-1B employee, employers and potential employees should contact an Immigration attorney to answer any questions and clearly explain the process.

What does this mean for employers? Simply put, employers should file on April 1, 2012 for the H-1B employee to start work on October 1, 2012. This is the earliest possible date to file to get the earliest employee start date of October 1, 2012.

What does this mean for potential H-1B employees? If you have an employer who wants to file an H-1B petition on your behalf, you should begin collecting your documents and finalizing any employment offers or agreements with your employer.

Because extensive documentation is necessary to successfully file an H-1B petition, both employers and employees should retain an Immigration attorney and begin compiling the required documents as soon as possible. For employers, this means, among other things, drafting an appropriate job description, finalizing any offer of employment, compiling company information and determining the wage to be paid. For employees, this means collecting your education and immigration related information, including copies of your passport and current I-94; your resume; copies of your degrees and transcripts; letters from previous employers confirming your dates of employment, your job title, job duties, special skills used/learned and any tools used in your job. ( You should obtain these any way for possible use in a labor certification application.)

Those employees who are currently in OPT status that expires prior to October 1st can take advantage of “cap gap” measures to extend their OPT status (F-1) and work authorization until the change of status to H-1B takes effect on October 1st. There are certain restrictions, however, so it is important to make sure that petitions are timely filed and that the H-1B employer is aware of the filing deadlines. An Immigration attorney can help clarify this for you.

Employers who were counting on being able to utilize this program to grow their businesses, creating jobs for Americans in this time of high unemployment, are out of luck until October 1, 2012. Employers may apply on April 1, 2012, for an H-1B worker to start October 1, 2012.

Many in the business commnunity across the United States have been vocal about this artificial barrier put up to “protect the U.S. labor force.” In fact, if there were enough American workers who were willing and able to take these jobs, we would not need this program. It is often cited, however, that the United States workers lack the education and level of competence necessary to fill these positions. Our congressional representatives tell us that it is a matter of improving our education system.

Frankly, my clients do not have the 20 years (at least) that it will take to see any results from any kind of education reform, whatever that may be. They need to fill these positions now with qualified workers, no matter what their country of origin. Without the ability to hire qualified workers, this country will be faced with two consequences: 1) The best and the brightest students will not come here to study because they won’t have a job here when they graduate; and 2) employers will leave the U.S. because they cannot find suitable employees.

Specifically, ICE Director John Morton issued a Memo on June 17, 2011 outlining the new policy changes. Since that time, members of ICE’s senior leadership team have traveled around the country to discuss implementing these changes in a uniform manner around the country. Training of all ICE enforcement officers and attorneys nationwide is expected to be completed by January 13, 2012.

ICE will be reviewing approximately 300,000 cases that are pending in the Immigration Courts. According to the Guidance issued by ICE today, “beginning immediately, ICE attorneys nationwide will review all incoming cases in immigration court. This review, based on the Prosecutorial Discretion Memorandum and guided by a set of more focused criteria, will help reduce inefficiencies that delay the removal of criminal aliens and other priority cases by preventing new low priority cases from clogging the immigration court dockets.”

The remainder of the cases pending nationwide will be reviewed in a gradually phased in process. According to ICE, “beginning December 4, DHS and DOJ will launch pilot programs in two jurisdictions to test run the process for reviewing all cases pending in immigration court. There will be a “test run” of the process in Baltimore and Denver. This second initial phase of review is also expected to be complete by January 13, 2012.

After this initial two month period, DHS will review that data and other results of the initial review and, where appropriate, consult with the Department of Justice, who administers the Immigration Courts and Judges, to determine the best ways to put these changes into effect nationwide. During the entire period of this review, ICE attorneys, officers, and agents will be applying the policies and principles of Prosecutorial Discretion that were set forth in the June 17, 2011 memo.

So what is “prosecutorial discretion,” anyway? The term “prosecutorial discretion” in this situation means that the attorneys who represent ICE in the Immigration Courts, who prosecute all of the removal cases, will be allowed to use their judgment and authority to put a case temporarily “on hold”, while they better use their resources to prosecute those whose cases should go forward for removal from the U.S. Whether a case will be temporarily closed will depend on the facts and circumstances of each case. It is important to note that “closing” the case does not mean the case is “terminated.” The temporary closure will not give an individual any “status” in the U.S. and does not guarantee that at some future time a case won’t be put back on the court calendar. However, an individual whose case is temporarily closed may be eligible for work authorization during the period of time the case is closed.

If you or someone you know has a pending case in the Immigration Court, and you think you may benefit from “prosecutorial discretion”, contact an Immigration Attorney who can determine whether to make this request with ICE. Do not be fooled by any scams that claim to be able to get “legal status” for you or a work permit. Consult a licensed Immigration Attorney to be sure.

Masters Cap Reached!
The 20,000 visas available under the “Masters Cap”, for those foreign nationals who have obtained a Masters Degree or higher from a U.S. college or university, has been reached. Any petitions for foreign nationals with U.S. advanced degrees will now be counted toward the regular cap of 65,000.