Practice Pointer: Obtaining the Appropriate Number of Endorsed Forms I-129S
Last month, the American Immigration Lawyers Association (AILA) published an detailing recent reports that some consular offices (COs) have been endorsing fewer than three (3) Forms I-129S in spite of 9 FAM 402.12-8(F)(b) guidelines/instructions which state that at least three (3) must be properly endorsed.
Why is this an...
Updated Guidance on Notices to Appear
On September 27, 2018, the United States Citizenship and Immigration Services (USCIS) hosted a teleconference to discuss the .
What is a Notice to Appear? Form I-862, Notice to Appear (NTA), is a document issued to foreign nationals who are deemed “removable” from the United States. Recipients of NTAs must app...
Highlights from Teleconference on USCIS Policy Update on RFEs and NOIDs
On September 6, 2018, the Office of the CIS Ombudsman hosted a teleconference on the United States Citizenship and Immigration Services (USCIS) policy updates of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) that was issued on .
Our office with information about this new guidance. Below, please find further i...
October 2018 Visa Bulletin Issued
The Department of State (DOS) has issued its October 2018 Visa Bulletin. Most notably, there were significant advancements for all priority dates across the board.
China: Priority date of June 1, 2016 (Advancement of 1614 days)
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: