DHS Confirms DACA Still In Effect; Premium Processing for H-1B Petitions May Soon Return
Published June 20, 2017
Department of Homeland Security Confirms DACA Still in Effect
In a recent memorandum to U.S. Department of Homeland Security (DHS) sub-agency heads, DHS Secretary, John Kelly confirmed that the Deferred Action for Childhood Arrivals (DACA) program is still in effect – at least for now – and that applications for initial and extended benefits will continue to be accepted and processed. This is a significant departure from the campaign promise made by now President Trump who assured his supporters he would be eliminating the program.
In general, to be eligible for DACA protection and issuance of an employment authorization, applicants are required to document, among other requirements, that they arrived in the U.S. before reaching the age of 16 AND that they have resided in the U.S. continuously since January 15, 2007 and up to the present. Further, the applicant must have been under the age of 31 as of June 15, 2012 and demonstrate that they A) are currently in school, or completed high school or their G.E.D., or are an honorably discharged veteran from the U.S. armed forces or Coast Guard B) have not been convicted of a felony, a “significant” misdemeanor, or 3 “insignificant” misdemeanors, and C) were physically present in the U.S. on January 1, 2010, and at the time of submitting the DACA application.
Premium Processing May Soon Return for H-1B Filings
According to an official with U.S. Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS), premium, expedited processing may soon be available again for H-1B work visa petition filings, although a definite resumption date has not been announced. This announcement follows a March, 2017 directive suspending the premium processing for H-1B filings.
As a reminder, under the premium processing program parties paying an additional filing fee of $1,225.00 are guaranteed to have their petition initially reviewed within 15 calendar days.
PUBLISHED June 20, 2017– “IMMIGRATION LAW FORUM” Copyright © 2017, By Law Offices of Richard Hanus, Chicago, Illinois