Premium Processing for FY 2018 Cap Petitions Resume Sep25

Premium Processing for FY 2018 Cap Petitions Resume

On September 18, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it has resumed premium processing for all H-1B visa petitions selected under the Fiscal Year (FY) 2018 cap. Likewise, premium processing has also resumed for the annual 20,000 petitions that are set aside for hiring workers with a U.S...

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New challenges with Hiring Foreign Workers in the U.S. Nov13

New challenges with Hiring Foreign Workers in the U.S.

The current U.S. immigration landscape focuses on enforcement as opposed to process.  This shift started happening in January 2017 after the inauguration of President Trump, and the beginning of new policies of protectionism and national security.  The restrictive tendencies have also impacted business immigration matters, which te...

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USCIS Issues New Guidance on Notices to Appear Jul12

USCIS Issues New Guidance on Notices to Appear

On June 28, 2018, the United States Citizenship and Immigration Services (USCIS) provided This new guidance 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 activity, or where an applicant is denied an immigration benefit and is unla...

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Notices to Appear and Harsh Consequences Possible for H and L Holders Jul16

Notices to Appear and Harsh Consequences Possible for H and L Holders

According to a recent USCIS will greatly expand its mandate for issuing NTAs without first consulting Immigration and Customs Enforcement (ICE). USCIS officers will now issue NTAs and thereby place individuals in removal proceedings upon the denial of an application or petition for immigration benefits if the individual is deemed re...

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New Guidance for No Request for Evidence or Notice of Intent to Deny Jul16

New Guidance for No Request for Evidence or Notice of Intent to Deny

On July 13, 2018, the United States Citizenship and Immigration Services (USCIS) provided a According to this new guidance, effective September 11, 2018, USCIS adjudicators will have full discretion to deny applications, petitions, and requests without first receiving a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID),...

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USCIS Postpones Implementation of Guidance on Notices to Appear Aug03

USCIS Postpones Implementation of Guidance on Notices to Appear

Previously, that the United States and Immigration Services (USCIS) provided regarding issuances of Notices to Appear (NTA). Specifically, this new guidance stated that USCIS officers would issue NTAs for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where the applica...

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USCIS Extends and Expands Suspension of H-1B Premium Processing Aug31

USCIS Extends and Expands Suspension of H-1B Premium Processing

In March 2018, the United States and Immigration Services (USCIS) announced a of premium processing for H-1B petitions that are subject to the H-1B CAP. On August 28, 2018, USCIS announced an to include certain additional H-1B petitions beginning on September 11, 2018. USCIS claims that the suspension and expansion will help the Se...

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USCIS: “Cap-Gap” Work Authorization is Only Valid Through September 30 Oct11

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...

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Department of Labor Expected to Implement Revised LCA Oct24

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...

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H-1B Cap Pre-Registration and Other Proposals Oct24

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...

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