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President Proposes New Merit-Based Green Card System

On May 16, 2019, President Donald Trump outlined, in broad strokes, his new immigration plan. The proposal delineates two primary goals: securing the U.S. border and protecting American workers....more

DHS Announces That It Will Issue 30,000 Additional H-2B Visas in Response to High Demand

After a tumultuous filing period for the second half of fiscal year (FY) 2019, employers that rely on H-2B seasonal workers received some good news. The U.S. Department of Homeland Security (DHS) has agreed to issue up to...more

Judge Orders Nationwide Preliminary Injunction Blocking Enforcement of Automatic Accrual of Unlawful Presence

The U.S. District Court for the Middle District of North Carolina has issued a nationwide preliminary injunction halting the enforcement of the Trump administration’s August 2018 policy memorandum that changed when “unlawful...more

Resumption of Social Security No-Match Letters Raises the Stakes for Employers

After a seven-year hiatus, the Social Security Administration (SSA) has resumed the practice of sending no-match letters (officially called Employer Correction Request notices). These letters notify employers when the SSA has...more

President Trump Nominates New Director of ICE

President Donald Trump has nominated Mark Morgan to serve as the new director of U.S. Immigration and Customs Enforcement (ICE). Morgan spent 20 years in the Federal Bureau of Investigation before being appointed chief of...more

Trump Administration Focuses on Deterring Visa Overstays

President Donald J. Trump has issued a memorandum aimed at reducing the number of visa overstays in the United States. The administration says those overstays undermine the integrity of the immigration system and harm the...more

State Department Warns of Possible EB-1 Retrogression for China and India

The U.S. Department of State has released the Visa Bulletin for May 2019, which shows slight progress in most employment-based preference categories. The Visa Bulletin provides monthly updates to foreign nationals waiting...more

Now We Wait: What to Keep in Mind After Filing an H-1B Petition With USCIS

U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular...more

USCIS to Begin Premium Processing of FY 2020 H-1B Cap Cases Requesting Changes of Status on May 20

U.S. Citizenship and Immigration Services (USCIS) has updated its premium processing schedule for fiscal year (FY) 2020 H-1B cap cases. The schedule will be implemented as follows...more

President Trump Extends Deferred Enforced Departure for Liberians Days Before Deadline

On March 28, 2019, President Trump extended the wind-down period for deferred enforced departure (DED) for Liberians through March 30, 2020. The extension delays the termination of DED for Liberia, which was scheduled for...more

Potential Challenges for Canadian L-1 Visa Applicants Presenting Renewal Petitions at Ports of Entry

There has been an increasing number of reports that U.S. Customs and Border Protection (CBP) is refusing to process subsequent, or renewal, L-1 visa petitions presented by Canadian nationals at ports of entry (POEs) along the...more

DOL Issues Guidance on H-1B Notice Requirements

The Wage and Hour Division of the U.S. Department of Labor (DOL) has published a bulletin highlighting the H-1B notice and posting procedures with which employers must comply if they elect to provide electronic notice of...more

USCIS Issues Top 10 Reasons for H-1B RFEs

U.S. Citizenship and Immigration Services (USCIS) has published a breakdown of the top 10 reasons it issued requests for evidence (RFEs) for H-1B petitions in fiscal year (FY) 2018. The list lends some context to recent USCIS...more

USCIS Announces Staggered Premium Processing for FY 2020 Cap Cases

U.S. Citizenship and Immigration Services (USCIS) has announced that premium processing will be available for the H-1B cap filing season for Fiscal Year (FY) 2020. The FY 2020 cap filing season will begin on April 1, 2019. ...more

DHS Issues Fraud Alert Regarding Phone Scam

The U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) has issued a fraud alert notifying the public of an ongoing phone scam whereby scammers dupe their victims into providing personal information...more

Initiate Petitions Now - H-1B Cap Filing Date Quickly Approaching

On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions subject to the annual quota for fiscal year 2020 (FY 2020). With the filing window quickly approaching, employers now...more

USCIS Reinstates Premium Processing for All H-1B Petitions - Effective Immediately

Effective immediately, U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B petitions. The resumption applies to new petitions as well as those that are pending with USCIS. ...more

3/12/2019  /  H-1B , USCIS , Visas

USCIS Reports on Lagging Processing Times

U.S. Citizenship and Immigration Services’ (USCIS) processing times continue to lag compared to previous years, according to data recently released by the agency. This is especially true for foreign nationals with pending...more

USCIS Delays Implementation of Revised Form I-539 and New Form I-539A

U.S. Citizenship and Immigration Services (USCIS) announced that the agency is postponing the implementation of the revised Form I-539 and the new Form I-539A. USCIS will continue to accept the current Form I-539, with the...more

TPS Extended Through January 2, 2020, for Nationals of El Salvador, Haiti, Nicaragua, and Sudan

The Department of Homeland Security (DHS) has extended temporary protected status (TPS) through January 2, 2020, for nationals of El Salvador, Haiti, Nicaragua, and Sudan. DHS provided the extension to comply with an October...more

USCIS Data Confirms Increase in RFEs and Denials, Especially for H-1Bs

U.S. Citizenship and Immigration Services (USCIS) released new data confirming that both requests for evidence (RFEs) and denials are on the rise for many nonimmigrant visa categories. The rates for RFEs and denials, which...more

USCIS Resumes Premium Processing for All H-1B Petitions Filed on or Before December 21, 2018

Beginning February 19, 2019, U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for all categories of H-1B petitions that were filed on or before December 21, 2018. USCIS has been gradually...more

E-Verify Resumes Operations and Provides Instructions for Employers

On January 28, 2019, E-Verify resumed operations after being offline for more than a month due to the government shutdown. The program, which allows participating employers to electronically confirm the work eligibility of...more

Changes to H-4 Work Authorization Rule Could Be on the Horizon

The Department of Homeland Security (DHS) is expected to advance its plan to rescind the H-4 employment authorization document (EAD) program before a March 18, 2019, deadline imposed by the U.S. Court of Appeals for the D.C....more

DHS Finalizes Changes to H-1B Selection Process

On January 31, 2019, the Department of Homeland Security (DHS) published its H-1B registration rule in the Federal Register, formalizing changes to the H-1B selection process. The new regulation, which will take effect on...more

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