USCIS has reached the 65,000 H-1B visa cap and the 20,000 visa U.S. advanced degree exemption (the “master’s cap”) for fiscal year 2019. The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings. USCIS will continue to accept and process petitions that are otherwise exempt from […]
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U.S. Citizenship and Immigration Services (USCIS) recently announced that current beneficiaries of Temporary Protected Status (TPS) under El Salvador’s designation who want to maintain their status through the effective termination date of Sept. 9, 2019, must re-register between Jan. 18, 2018 and March 19, 2018. Re-registration procedures, including how to renew employment authorization documents, have […]
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2017 has proven to be a busy year for immigration. Below is a recap of three pertinent developments that employers should keep in mind: 30/60 day misrepresentation rule eliminated. Foreign nationals entering the U.S. on a specific non-immigrant visa are not supposed to change to another visa shortly after their entry. Previously if a foreign […]
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The updated USCIS Form I-765 now allows foreign nationals in certain categories or classifications to obtain an Employment Authorization Document (“EAD”) and a Social Security Number in a single form. See here. EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. Previously, applicants […]
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On September 14, 2017, California lawmakers passed bill AB 450, dubbed the Immigrant Worker Protection Act, which would imposes various requirements on public and private employers with regard to federal agency immigration worksite enforcement actions. See here. This includes, for example, prohibiting an employer from providing voluntary consent to a U.S. Immigration and Customers Enforcement […]
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On September 5, 2017, the Department of Homeland Security (DHS) committed to a wind down of the Deferred Action for Childhood Arrivals (DACA) program. DACA began in August 2012 when DHS started accepting requests for consideration of deferred action for certain young people who came to the United States as children and who met other […]
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In a reversal of policy, USCIS has recently been denying pending Form I-131 “advance parole” applications of foreign nationals who leave the United States while that petition is pending, even when the foreign national has an existing valid advance parole document or a valid H, K, L or V visa to return to the United […]
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On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The form is available here. Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 […]
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In his first 100 days in office, President Trump has entrenched himself in a battle against the federal courts to enforce his now-infamous travel bans. Just over a year ago, the then-candidate Trump called for a ban of all Muslims from entering the US. After taking office, the President signed two executive orders designed to […]
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Late on Friday, January 27, 2017, President Trump signed an Executive Order immediately suspending the ability of citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to enter the United Sates for a period of 90 days. The implementation of this Executive Order without any advance notice created chaos this weekend as some travelers […]
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