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
6/17/2015
/ Compliance ,
Filing Requirements ,
Foreign Workers ,
H-1B ,
H-2B ,
H-4 Spouses ,
Immigration ,
Immigration Reform ,
LCA ,
Relocation ,
USCIS ,
Visas
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
1/28/2015
/ B-1 ,
Barack Obama ,
Business Travel ,
Cuba ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Fraud ,
Mobile Apps ,
Ports ,
Scams ,
Travel Permits ,
USCIS
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
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
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
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
11/13/2013
/ B-1 ,
Department of Labor (DOL) ,
Fines ,
Fraud ,
H-1B ,
India ,
Infosys ,
Layoffs ,
PERM ,
USCIS ,
Visas
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
7/12/2013
/ Department of Homeland Security (DHS) ,
DOMA ,
E-Verify ,
Form I-9 ,
Immigrants ,
Immigration Reform ,
Same-Sex Marriage ,
SCOTUS ,
Social Security Administration (SSA) ,
Tentative Nonconfirmation ,
US Department of State ,
US v Windsor ,
USCIS ,
Visas