The Department of Homeland Security (DHS) released its Fall 2018 Regulatory Agenda outlining regulations that administrative agencies plan to take action on in the near future. The Fall 2018 agenda gives us a glimpse into the expected regulatory changes for employment based immigration: Continue reading
U.S. Citizenship and Immigration Services (USCIS) announced that on October 1, 2018, the agency will begin gradually implementing the June 28th policy guidance that instructs USCIS officers to issue Notices to Appear (NTA) for a much wider range of cases. If you recall, on July 30, 2018, USCIS announced that is would postpone implementation of the updated guidance until operational guidance was finalized. Continue reading
With October 1st quickly approaching, F-1 students currently in the cap-gap should be aware of how they may be impacted by the extended premium processing suspension for H-1B cap-subject petitions, that is expected to last until February 19, 2019. Here’s why: Continue reading
Under federal law, U.S. employers are required to verify the identity and employment authorization of all hired workers. This verification process requires a new hire to complete Form I-9, Employment Eligibility Verification and submit certain documentation proving employment authorization. Proper employment verification helps ensure that employers do not fall victim to hiring or retaining “unauthorized” workers. It is crucial for employers to maintain strict compliance with all I-9 rules and procedures, especially as we see I-9 audit numbers dramatically increase under the Trump administration. Continue reading
U.S. Citizenship and Immigration Services (USCIS) announced that effective October 1st, 2018, it will increase the premium processing fee from $1,225 to $1,410. The premium processing fee was last adjusted in 2010 and is now being increased to account for inflation. Continue reading
Today USCIS announced its plan to extend the current temporary suspension of premium processing for cap-subject H-1B petitions, which initially went into effect on April 02, 2018. Further, beginning September 11, 2018, USCIS will expand this suspension to include certain additional H-1B petitions. These suspensions are expected to last until February 19, 2019. Continue reading
On August 9th, 2018 at 10pm EST, U.S. Citizenship and Immigration Services (USCIS) issued the final policy memorandum that changes how unlawful presence will be calculated for those in F, J, and M status. The guidance was published after considering feedback received during a 30-day public comment period. The final version of the memo provides the same guidance as the original memo with one change. Continue reading
When an employer files a PERM Labor Application, it must demonstrate that the beneficiary fully qualifies for the sponsored position.
Generally if experience is required, a beneficiary cannot use the experience gained with the sponsoring employer to qualify for the sponsored position. But, as with most things, there are exceptions to this rule: Continue reading
USCIS announced today that it will postpone the implementation of its June 28th policy memo that instructs USCIS officers to issue a Notice to Appear (NTA) for a much wider range of cases. (New USCIS Policy Puts More Foreign Nationals at Risk of being Placed in Removal Proceedings). USCIS was given 30 days from when the policy memo was implemented to provide operational guidance on how to process the issuance of NTAs. As of today, USCIS has not provided that information. Therefore, the implementation of the June 28th policy memo will be postponed until new operational guidance is finalized.
An update on the expected timeline will be provided once that information becomes available.