USCIS Issues Top 10 Reasons for H-1B Requests for Evidence
U.S. Citizenship and Immigration Services (USCIS) has published a breakdown of the top 10 reasons it issued requests for evidence (RFEs) for H-1B petitions in fiscal year (FY) 2018.
Blog
DOL Issues Guidance on H-1B Notice Requirements
The Wage and Hour Division of the U.S. Department of Labor (DOL) has published a bulletin highlighting the H-1B notice and posting procedures with which employers must comply if they elect to provide electronic notice of their intent to hire H-1B nonimmigrant workers. The bulletin places particular emphasis on compliance issues when third-party worksites are involved.
USCIS Announces Staggered Premium Processing for FY 2020 Cap Cases
U.S. Citizenship and Immigration Services (USCIS) has announced that premium processing will be available for the H-1B cap filing season for Fiscal Year (2020).
Key Immigration Considerations During Mergers and Acquisitions, Part II: Green Cards
Part one of this two-part series outlined common considerations related to temporary work visas employers may have during the due diligence process of a merger, acquisition, or other corporate restructuring. Part two will cover key considerations for employers during a pre-close assessment of impacted foreign national workers—this time, regarding green card processing.
DHS Issues Fraud Alert Regarding Phone Scam
The U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) has issued a fraud alert notifying the public of an ongoing phone scam whereby scammers dupe their victims into providing personal information and money.
USCIS Reinstates Premium Processing for All H-1B Petitions—Effective Immediately
Effective immediately, U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B petitions.
Initiate Petitions Now–H-1B Cap Filing Date Quickly Approaching
On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions subject to the annual quota for fiscal year 2020 (FY 2020). With the filing window quickly approaching, employers now have only a limited amount of time to identify and prepare petitions for employees who require new H-1B visas to work in the United States.
Key Immigration Considerations During Mergers and Acquisitions, Part I: Work Visas
In the context of mergers, acquisitions, and other corporate restructurings, during the due diligence process, employers often overlook the immigration-related considerations related to impacted foreign national workers.
USCIS Reports on Lagging Processing Times
U.S. Citizenship and Immigration Services’ (USCIS) processing times continue to lag compared to previous years, according to data recently released by the agency.
USCIS Delays Implementation of Revised Form I-539 and New Form I-539A
U.S. Citizenship and Immigration Services (USCIS) announced that the agency is postponing the implementation of the revised Form I-539 and the new Form I-539A.
TPS Extended Through January 2, 2020, for Nationals of El Salvador, Haiti, Nicaragua, and Sudan
The Department of Homeland Security (DHS) has extended temporary protected status (TPS) through January 2, 2020, for nationals of El Salvador, Haiti, Nicaragua, and Sudan.
USCIS Data Confirms Increase in RFEs and Denials, Especially for H-1Bs
U.S. Citizenship and Immigration Services (USCIS) released new data confirming that both requests for evidence (RFEs) and denials are on the rise for many nonimmigrant visa categories.
USCIS Resumes Premium Processing for All H-1B Petitions Filed on or Before December 21, 2018
Beginning February 19, 2019, U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for all categories of H-1B petitions that were filed on or before December 21, 2018.
E-Verify Resumes Operations and Provides Instructions for Employers
On January 28, 2019, E-Verify resumed operations after being offline for more than a month due to the government shutdown. The program, which allows participating employers to electronically confirm the work eligibility of new hires, was temporarily suspended as a result of the government shutdown. During that time, employers were unable to access their E-Verify accounts and were unable to comply with the program’s regular deadlines, resulting in a backlog of matters that must now be processed.
Changes to H-4 Work Authorization Rule Could Be on the Horizon
The Department of Homeland Security (DHS) is expected to advance its plan to rescind the H-4 employment authorization document (EAD) program before a March 18, 2019, deadline imposed by the U.S. Court of Appeals for the D.C. Circuit in Save Jobs USA v. DHS, a lawsuit challenging the legality of the H-4 EAD rule.
DHS Finalizes Changes to H-1B Selection Process
On January 31, 2019, the Department of Homeland Security (DHS) published its H-1B registration rule in the Federal Register, formalizing changes to the H-1B selection process.
USCIS Resumes Premium Processing for a Limited Number of H-1B Petitions
U.S. Citizenship and Immigration Services (USCIS) announced the reinstatement of the premium processing program for a limited number of H-1B petitions.
E-Verify Suspended Due to the Government Shutdown
The holiday season may already feel like a distant memory and five-day workweeks may once again be the norm, but not everything is back to business as usual for U.S. employers this January.
Mexico’s New Governmental Immigration Fees for 2019
Mexico’s Ministry of Interior (Secretaria de Gobernación, SEGOB) and National Immigration Institute (NII) (Instituto Nacional de Migración, INM) published new governmental fees for immigration procedures related to foreign nationals and expatriates that took effect January 1, 2019.
The Wage and Hour and Immigration Consequences of a Government Shutdown: What Federal Contractors Need to Know
As of December 20, 2018, media reports indicate that President Trump does not intend to sign the stopgap funding bill that the U.S. Senate recently passed. If it is left unsigned, the risk of a partial government shutdown increases dramatically.
What To Expect in the Event of a Government Shutdown: An Immigration Perspective
There may be a partial government shutdown if Congress cannot come to an agreement on a spending bill before midnight on December 21, 2018. Without an agreement, roughly 25 percent of funding for the federal government will expire.
H-2B Visas in High Demand for Fiscal Year 2019
On December 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the statutory numerical limit or “cap” on the number of petitions for temporary nonagricultural workers “who may be issued H-2B visas or otherwise granted H-2B status” for the first half of fiscal year (FY) 2019, thus completing one of the briefest cap periods for the first half of the year in more than five years.
Pack Your Bags and Your Documents—Holiday Travel Tips for Foreign Nationals
The busy holiday travel season is upon us. With it comes the potential for longer processing times and altered holiday schedules at airports and U.S. consulates and embassies abroad. Foreign nationals who plan to travel internationally between now and the new year should prepare in advance to minimize travel hiccups, especially if they must attend a visa appointment while outside the United States.
CBP Encourages Travelers to Apply for ESTA 72 Hours Before Travel
U.S. Customs and Border Patrol (CBP) is encouraging international travelers to apply for Electronic System Travel Authorization (ESTA) as early as possible, but no later than 72 hours before they plan to travel to the United States.
DHS Proposes H-1B Registration System and Creates Uncertainty Heading Into Cap Season
On December 3, 2018, the U.S. Department of Homeland Security (DHS) introduced a new plan that would require employers to pre-register all potential H-1B candidates for selection in the H-1B lottery.
USCIS Indicates Changes to Advance Parole Policy
On November 16, 2018, United States Citizenship and Immigration Services (USCIS) Director L. Francis Cissna suggested that USCIS will discontinue its policy of denying certain pending I-131, Application for Travel Document applications when an applicant travels internationally.
Déjà Vu—President Trump’s New Asylum Rule Raises Questions About Presidential Authority Similar to the Travel Ban
A federal judge has blocked the Trump administration’s recent immigration policy barring individuals from seeking asylum if they entered the United States anywhere other than at an official port of entry.
Ninth Circuit Court of Appeals Rules in Favor of DACA
A three-judge panel for the Ninth Circuit Court of Appeals has upheld a nationwide preliminary injunction issued by a California district court, temporarily preventing the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) program.
DHS Temporarily Extends Validity of TPS-Related Documents for Sudanese and Nicaraguan TPS Beneficiaries
On October 31, 2018, the Department of Homeland Security (DHS) announced in the Federal Register that it will continue to honor, at least temporarily, the temporary protected status (TPS) designations for nationals of Sudan, Nicaragua, El Salvador, and Haiti.
Navigating Canada’s New Cannabis Law—Don’t Let an Employee’s Immigration Status Go Up in Smoke
On October 17, 2018, Canada’s federal Cannabis Act went into effect, legalizing the use and possession of a limited amount of marijuana for adults over the age of 18. The new law makes good on a campaign promise by Prime Minister Justin Trudeau and makes Canada the second country to legalize marijuana use on a national basis. It is intended to make Canada’s marijuana industry safer by keeping the drug out of the hands of kids and steering profits away from criminals. This newfound freedom (and tax revenue), however, may come at a cost to those trying to cross the border into the United States, where marijuana is still illegal under federal law.
