USCIS: “Cap-Gap” Work Authorization is Only Valid Through September 30
foreign nationals who currently have F-1 status with a pending H-1B petition on October 1, 2018 are at risk of accruing unlawful presence if they continue to work on or after October 1 because their “cap-gap” work authorization is only valid through September 30.
What is the Under current USCIS regulations, a...
CBP Releases Statement Regarding Canada’s Legalization of Marijuana and Crossing the Border
The United States Customs and Border Protection (CBP) on September 21, 2018 regarding Canada’s legalization of marijuana and crossing the border.
According the statement, Canada’s legalization of marijuana does not affect CBP’s enforcement of the laws of the United States regarding controlled substances. The sale, possessio...
USCIS Revises Guidance on Validity Period of Form I-693
United States Citizenship and Immigration Services (USCIS) is for the validity period of .
Generally, all applicants who file for an adjustment of status to a lawful permanent resident are required to submit a Form I-693 that is completed by a designated civil surgeon. In particular, Form I-693 is used to determine if an applican...
Department of Labor Expected to Implement Revised LCA
The Department of Labor (DOL) is expected to implement a revised Labor Condition Application (LCA) between October 24 and October 31, 2018.
The revised form will require employers to name their end-client or vendor when submitting an application for an H-1B, H-1B1, or E-3 worker who will be placed at a third-party worksite. It wil...
H-1B Cap Pre-Registration and Other Proposals
The United States Citizenship and Immigration Services (USCIS) is making steps towards creating a pre-registration system for the H-1B cap selection process, as well as other changes to the entire H-1B cap system.
At this time, the draft regulation has been sent to the Office of Management and Budget (OMB) for review, which is the...
Proposed Changes to H-1B and H-4
The Department of Homeland Security (DHS) and the Department of Labor (DOL) have released their fall 2018 regulatory agendas. If finalized and implemented, the H-1B and H-4 programs will be significantly impacted.
The followings are key items on the fall 2018 regulatory agendas related to the H-1B and H-4 programs:
November 2018 Visa Bulletin Issued
The Department of State (DOS) has issued its November 2018 Visa Bulletin. Most notably, there were nearly no advancements for any priority dates except for EB-2 China and EB-3 Philippines.
China: Priority date of June 1, 2016 (No advancement)
USCIS Expansion of Information Services Modernization Program
The United States Citizenship and Immigration Services (USCIS) announced that it will expand its Information Services Modernization Program to key field offices across the country beginning on November 13, 2018.
The purpose of the Information Services Modernization Program is to implement improvements to online tools so that appli...
USCIS Continues to Implement New Policy Memorandum on Notices to Appear
The United States Citizenship and Immigration Services (USCIS) continues to implement the . This new guidance – which has gradually been implemented over the past several months – states that USCIS officers will now issues NTAs for a wider range of cases where the individual is removable and there is evidence of fraud, criminal a...
H-1B Cap Change Proposals Receive Preliminary Approval
In a , our office noted that the United States Citizenship and Immigration Services (USCIS) is making steps towards creating a pre-registration system for the H-1B cap selection process, as well as other changes to the entire H-1B cap process. Here is an update.
A proposal to the Office of Management and Budget (OMB) was reviewe...