We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more
If you filed an H-1B petition that did not get accepted for processing under the FY2016 Cap, you are not alone. This year a record number of 233,000 petitions were filed in a mad scramble for the annual supply of 85,000 new...more
Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting work authorization for H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 petition...more
This month: Helpful guidance in a tricky I-9 situation, and a "Known Employer" program in development.
I-9 Guidance and Handling Former Documents that are Not Genuine -
On February 18, 2015, the United States...more
New Initiatives = New Targets for Scams -
Unfortunately, where there is uncertainty, there are those who will use scams to target those individuals looking for clarity. On November 20, 2014, the President announced a...more
The Department of Homeland Security (DHS) recently implemented security measures for the application for Electronic System for Travel Authorization (ESTA) required for those traveling to the United States under the Visa...more
Applications for the 2016 Diversity Visa Lottery are now being accepted and must be submitted electronically by noon, Eastern Standard Time, on Monday, November 3, 2014, to be considered. Each year, the United States...more
On Saturday, August 23, 2014, the Department of State dramatically announced that EB-5 visas (for immigrant investors) were no longer available for the remainder of the fiscal year for individuals from mainland China. This...more
A printing problem usually can be fixed in minutes by swapping out a toner cartridge or adding some paper, or it could take a little longer to clear a complex paper jam. Right? Not at the U.S. Department of State! Apparently...more
United States Citizenship and Immigration Services (USCIS) published an Interim Policy Memorandum (PM-602-0097) on June 6, 2014, supplementing Chapter 21.2(e) of the Adjudicator’s Field Manual regarding exercising discretion...more
E-Verify offers a tool to assist employers in verifying employment/immigration status for prospective employees, but it should not be mistaken for protection during an I-9 audit. On March 26, 2014, the Office of the Chief...more
Customs and Border Protection (CBP) announced a new webpage on May 1 that gives travelers access to the date and port of entry of all arrivals and departures for the last five years. Travel history includes entries made with...more
The H-1B CAP season has come to a close and both employers and employees now anxiously await confirmation that their filings have been accepted for processing. The statutory cap of 65,000, as well as the 20,000 cap under the...more
In November's newsletter, we discussed the challenges to the Department of Labor's (DOL) layoff regulation for PERM applicants. DOL has responded by clarifying what is required of an employer to properly notify and consider...more
Happy New Year!
This month: "Friending" the Department of State on Facebook, BIA shines a light on the foggy EAD requirement for E and L spouses, and an unusual new member of the California State Bar....more
On November 18, 2013, E-Verify announced an enhancement to combat identity fraud. USCIS can now “lock out” social security numbers that appear to have been used fraudulently. Once locked out, “tentative non-confirmations”...more
Snapshots of both big picture and meaningful small-scale developments in the world of immigration.
This month: a technology giant's hefty immigration fine and its implications, an improved interactive website for...more
This month: driver's licenses in California and an update on immigration reform.
California Driver's Licenses for Undocumented Persons -
On October 3, California Governor Jerry Brown signed a law, known as...more
The United States Citizenship and Immigration Services' (USCIS) E-Verify system will now contact employees directly in the event of a Social Security Administration (SSA) or Department of Homeland Security (DHS) Tentative...more