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...
Read More
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...
Read More
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...
Read More
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...
Read More
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),...
Read More
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...
Read More
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...
Read More
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...
Read More
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...
Read More
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...
Read More