USCIS Has Finished Returning Unselected H-1B Cap Subject Petitions

Maria del Carmen Ramos
Maria del Carmen Ramos

On July 8, 2016, U.S. Immigration & Citizenship Services (“USCIS”) announced that it had returned all unselected H-1B cap-subject petitions for fiscal year 2017 not selected by its lottery. Continue reading “USCIS Has Finished Returning Unselected H-1B Cap Subject Petitions”

USCIS Proposes Hike in Filing Fees

Maria del Carmen Ramos
Maria del Carmen Ramos

On May 4, 2016, the U.S. Citizenship & Immigration Services (USCIS) published a notice in the Federal Register for comment in connection with a proposed increase in fees for certain immigration and naturalization benefits.  After the required 60 day comment period, USCIS will publish a final rule in the Federal Register with the what the actual filing fees will be. Continue reading “USCIS Proposes Hike in Filing Fees”

Alert: Premium Processing for FY 2017 H-1B Cap Petitions to Begin May 12

Mechelle Zarou
Mechelle Zarou

On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. Continue reading “Alert: Premium Processing for FY 2017 H-1B Cap Petitions to Begin May 12”

USCIS Processing Delays for H-1B Extensions Continue

Maria del Carmen Ramos
Maria del Carmen Ramos

As many have noticed, the processing of H-1B extensions at the California Service Center and Vermont Service Center continue to be extremely slow, and the backlog is causing significant hardships for those affected individuals. Continue reading “USCIS Processing Delays for H-1B Extensions Continue”

USCIS proposes new changes to Form I-9

Maria del Carmen Ramos
Maria del Carmen Ramos

U.S. Citizenship and Immigration Services (USCIS) is at it again. On November 24, 2015, USCIS published a notice in the Federal Register of proposed changes to the Form I-9. The publication of the notice initiated a 60 day public comment period that will remain open until January 25, 2015. Continue reading “USCIS proposes new changes to Form I-9”

Update on Temporary Protected Status

Mechelle Zarou
Mechelle Zarou

On Wednesday, June 24, 2015, the Department of Homeland security designated Nepal for Temporary Protected Status (“TPS”) for a period of 18 months, effective June 24, 2015 through December 24, 2016, based on the conditions resulting from the devastating magnitude 7.8 earthquake that struck Nepal on April 25, 2015, and the subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (“USCIS”).   Continue reading “Update on Temporary Protected Status”

Alert: Preliminary Injunction is Denied–H-4 EAD Program Moves Forward

Maria del Carmen Ramos
Maria del Carmen Ramos

As previously reported, a group of former employees of Southern California Edison (who claim they were laid off and replaced by H-1B workers) filed a lawsuit in the United States District for the District of Columbia against the administration challenging the H-4 final rule on the grounds that the rule exceeds DHS’s authority and directly contradicts certain provisions of the Immigration and Nationality Act of 1952, as amended, in Save Jobs USA vs. U.S. Dep’t. of Homeland Security, Civil Action No. 1:15-cv-615. Continue reading “Alert: Preliminary Injunction is Denied–H-4 EAD Program Moves Forward”

Avoiding an Immigration Nightmare: The Importance of Knowing When a Work Visa is Necessary

Maria del Carmen Ramos
Maria del Carmen Ramos

On January 30, 2015, Los Angeles Dodgers relief pitcher Joel Peralta faced what many business immigration practitioners would refer to as an avoidable immigration nightmare. Continue reading “Avoiding an Immigration Nightmare: The Importance of Knowing When a Work Visa is Necessary”

Navigating H-1B Requirements: The Existence of a Valid Employer-Employee Relationship

Maria del Carmen Ramos
Maria del Carmen Ramos

To obtain an H-1B visa, a petitioner must establish that it will have an employment relationship with the beneficiary. While this seems like a very simple and easy enough thing to do, the problem is that in an employment relationship things are not always black and white. Continue reading “Navigating H-1B Requirements: The Existence of a Valid Employer-Employee Relationship”