Pauly P.A. – German-American Law Firm

Author: Clemens Pauly

  • Update on Dual Nationality for German Citizens

    Under current law, German citizens interested in applying for US citizenship often required a special permission to retain German citizenship (so-called Beibehaltungsgenehmigung).

    Effective June 26, 2024, this is no longer the case. The new modernization law concerning the German Citizenship Act was finally published and becomes effective on this day.

    Please see the press release of the Bundesverwaltungsamt here: BVA – Beibehaltung_node – Geplante Gesetzesänderung im deutschen Staatsangehörigkeitsrecht zum Antrag auf Erteilung einer Beibehaltungsgenehmigung für Personen im Ausland (bund.de)

  • DV-2025 Lottery open until November 7, 2023

    The DV lottery is currently open and you can find instructions and participate here:

    Electronic Diversity Visa Program (state.gov)

     

  • Modernization of German Nationality Law

    The German government has published and approved a draft bill that would modernize German nationality law. If this draft bill should become law, German expats in the US would no longer need to obtain a retention permit (Beibehaltungsgenehmigung) from the German government before becoming naturalized US citizens. Please contact attorney Clemens Pauly with your questions concerning this topic.

  • Continue to Use the Current Form I-9 for Employment Eligibility Verification

    Today, USCIS alerted US employers that they should continue using the soon expiring Form I-9 currently available on I-9 Central, even after the expiration date of August 31, 2019 has passed.

    USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

    Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

  • New H-1B rule in effect

    The final rule on #H1B cap subject petitions introduces an electronic registration requirement for petitioners—suspended for this year’s H-1B cap season—and reverses the order in which #USCIS selects petitions. Learn more in this #AILAQuickTake http://ow.ly/Gi5P30nx8nJ

  • 2019 DV Lottery Program to Restart October 18, 2017 !

    The State Department issued a news release that the 2019 DV Lottery Program will begin again on October 18, 2018. All earlier entries have been deleted and all applicants will have to submit new applications again:

    See announcement here: https://www.dvlottery.state.gov/ (as of October 16, 2017):

    Due to a technical issue, the DV-2019 entry period that began on October 3 has been closed. Entries submitted during October 3-10 are not valid and have been excluded from the system; they will not count as a duplicate entry. The technical issue has been resolved and a new full entry period will begin at noon, U.S. Eastern Daylight Time on Wednesday October 18, 2017 and will run until noon Eastern Standard Time on Wednesday November 22, 2017. Only entries submitted during this period will be accepted and considered for selection in the lottery. Please throw away any confirmation number or other documentation that you have if you submitted an entry during Oct. 3-10.

    Our earlier post on this topic:

    Sep. 14, 2017

    The Department of State issued a notice providing information on how to apply for the 2019 Diversity Immigrant Visa Program, under which 50,000 immigrant visas will be available. The notice includes information on eligibility, entry period, completing the electronic entry form, selection of applicants, photo requirements, and FAQs. (82 FR 43068, 9/13/17)

    Applicants must submit entries for the DV-2019 program electronically at dvlottery.state.gov between noon, Eastern Daylight Time (EDT), Tuesday, October 3, 2017, and noon, Eastern Standard Time (EST), Tuesday, November 7, 2017. The Department warns not to wait until the last week of the registration period to enter, as heavy demand may result in Website delays.

    Starting May 1, 2018, applicants will be able to check the status of their entry by returning to dvlottery.state.gov, clicking on Entrant Status Check, and entering the unique confirmation number assigned to the entry and personal information. Entrant Status Check will be the sole means of informing applicants of their selection for DV-2019, providing instructions on how to proceed with the application, and notifying applicants of their appointment for their immigrant visa interview.

  • Revised Form I-765 with Option to Apply for SSN

    For foreigner’s applying for temporary employment authorization in the United States, obtaining a social security number was previously a separate step, requiring a separate application to be filed with the Social Security Administration. As of October 2, 2017, the revised version of form I-765, Applicati0n for Employment Authorization now includes a section, allowing the applicants to request the issuance of a Social Security card at the same time they apply for an employment authorization document.

  • Immigration Services When Faced With Unforeseen Circumstances, Including Hurricanes

    In the aftermath of hurricane Irma, US Citizenship and Immigration Services just released the following public service advisory. While we share this advisory to inform potentially affected individuals in the US, please carefully consider the effect of making contact or requesting any relief from USCIS in light of your individual situation. If in doubt, please contact a qualified immigration attorney, so that you are assured that your information remains confidential:

    >>

    From: U.S. Citizenship and Immigration Services <uscis@public.govdelivery.com>
    Sent: Wednesday, September 13, 2017 8:09 AM
    Subject: Immigration Help Available to Those Affected by Hurricane Irma

    USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Irma.

    The following measures may be available on a case-by-case basis upon request:

    • Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
    • Re-parole of individuals previously granted parole by USCIS;
    • Expedited processing of advance parole requests;
    • Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
    • Expedited adjudication of employment authorization applications, where appropriate;
    • Consideration of fee waivers due to an inability to pay;
    • Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
    • Assistance if you were unable to appear for a scheduled interview with USCIS;
    • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
    • Rescheduling a biometrics appointment.

    Note: When making a request, please explain how the impact of Hurricane Irma created a need for the requested relief.

    To learn how to request these measures or determine if an office is open, call the National Customer Service Center at 800-375-5283 (TDD for the deaf and hard of hearing: 800-767-1833) or visit our USCIS Office Closings webpage.

    If your InfoPass appointment was affected by this storm, you can reschedule your appointment online or by calling the National Customer Service Center at 800-375-5283 (TDD for the deaf and hard of hearing: 800-767-1833).

    All Form I-9, Employment Eligibility Verification, requirements remain in place. Those affected by Hurricane Irma should review Form I-9 acceptable documents and receipts for more information on how to complete the Form I-9 if an employee’s documents are lost, stolen, or damaged.Visit I-9 Central for more information.

    For more information about how we provide assistance to individuals affected by unforeseen circumstances, visit our Special Situations webpage or call the National Customer Service Center.

    For more information about the federal government response to Hurricane Irma, visit usa.gov/hurricane-irma.

    <<

  • Court Upholds $305,000 Fine Against Arizona Employer for I-9 Violations

    Another recent example of why US employers must be serious about verifying the employment authorization of their employees as mandated by INA §274A.

    The U.S. Court of Appeals for the 9th Circuit upheld a fine of $305,050 against a Phoenix-based sheet-metal manufacturer for 503 I-9 violations (DLS Precision Fab v. ICE, Case No. 14-71980 (CA 9, Aug. 7, 2017)).

    The decision is also noteworthy because of the employer’s attempt to invoke as a “good faith defense” that it had hired an HR director who had neglected his duties.

    This, however, is not an excuse for an employer. Basic agency principles teach us, that as long as employees, such as the HR director in this case, are acting within the scope of their employment,  courts will find that the employee’s failure to perform their responsibilities can be properly imputed to the employer.

    Ultimately, the employer in this case found itself seeking protection under Chapter 11 of the Bankruptcy Code. See In re DLS Precision Fab, LLC, 2:16-bk-06109-EPB (Bankr. D. Ariz. 2016)

  • New I-9 Employment Eligibility Verification Form Released

    USCIS has released a new form I-9 with a revision date of July 17, 2017.

    Employers should now use this new form but can continue using the previous version of the form (revision date 11/14/2016 N) through September 17, 2017.