Mar 27, 2020
If an RFE was issued between March 1, 2020 and May 1, 2020, you may submit up-to-60-days beyond the stated deadline. It does not appear that new RFE/NOID Notices will be issued. Learn more in this blog.
Mar 27, 2020
The selection process for Fiscal Year 2021 H-1B Cap is completed. USCIS will alert selected Registrations no later than March 31, 2020. A 90-day filing period will commence April 1, 2020. Unselected Registrations will remain on file until the FY 2021 H-1B Cap has been reached. Learn more in this blog.
Mar 26, 2020
Appointments, interviews, naturalization ceremonies, and other face-to-face interactions with the public cancelled through April 7. USCIS will automatically reschedule and send out new notices to those affected. USCIS Service Centers remain operational. Learn more in this blog.
Mar 20, 2020
Though its Field Offices have cancelled most face-to-face interactions with the public, USCIS Service Centers remain open and operational. Forms may be submitted with photocopies of original signatures for submissions dated March 21 and beyond. Effective today, March 20, 2020, USCIS will stop accepting new requests for Premium Processing due to COVID-19. USCIS will continue to adjudicate pending Petitions with Premium Processing, and will continue to accept and adjudicate new filings using Regular Processing.
Mar 20, 2020
The United States Department of State has announced that all routine visa services will be suspended on a temporary and indefinite basis, in light of the COVID-19 pandemic. In recent weeks, multiple countries have announced a hold on non-emergency services and appointments. This is the first announcement putting a hold on all routine services around the world. Learn more in this blog.
Mar 20, 2020
U.S. employers are required to examine documents in fulfilling their responsibilities to only employ authorized workers. This is in connection with the Form I-9, employment Eligibility Verification (Form I-9). This has presented a problem for many employers who cannot meet with their employees due to the risks of, or illegality of, face-to-face contact during the coronavirus pandemic. The U.S. Department of Homeland Security (DHS) is permitting a waiver of the physical inspection requirement as of today. Learn more in this blog.
Mar 18, 2020
H-1B Premium Processing will not be available when filing period opens April 1, 2020. It should be available for Petitions requesting a change of status from F-1 to H-1B no later than May 27, 2020, and for all others no sooner than June 29, 2020. For now, suspension only applies to FY2021 H-1B Cap Petitions. Unclear how COVID-19 will affect Premium Processing availability more generally. Learn more in this blog.
Mar 15, 2020
Effective 11:59 PM March 16, 2020, recent visitors to the United Kingdom and the Republic of Ireland will also be banned from traveling to the United States. Learn more in this blog.
Mar 15, 2020
USCIS announced Friday, March 13, 2020, that the Public Charge Rule does not restrict access to testing, screening, or treatment of communicable diseases, including COVID-19. In addition, the rule does not restrict access to vaccines for children or adults to prevent vaccine-preventable diseases. Learn more in this blog.
Mar 15, 2020
The Department of Justice (DOJ) and the Executive Office of Immigration Review (EOIR) announced late Friday that Immigration Courts are postponing non-detained Master Calendar Hearings beginning Monday, March 16, 2020 through April 10, 2020 for hearings in Newark, New York City, Los Angeles, Sacramento, San Francisco and Boston. The Seattle Immigration Court was previously closed indefinitely in response to the outbreak. Unfortunately, at the risk of further spreading COVID-19, EOIR maintains that all other Immigration Court locations remain operational—this includes the Philadelphia Immigration Court. Learn more in this blog.
Mar 13, 2020
ICE is aiming at 15,000 Audits this year. For audited companies, the 30 days that the Audit notice gives them to present perfect Form I-9s is daunting. It represents at least three significant threats: 1) fines and penalties, 2) management and administrative disruption, and 3) business disruption if any of the employees are found to be “unauthorized workers.” Learn more in this blog.
Mar 12, 2020
United States is now barring entry to non-U.S. Citizens/Lawful Permanent Residents physically present in almost all of Europe within 2 weeks of seeking admission – even those with valid immigrant or nonimmigrant visas – effectively closing off most European travel to United States. Learn more in this blog.
Mar 10, 2020
Every person we employ in the U.S. has to complete a Form I-9, Employment Eligibility Verification form (“Form I-9”). The burden is on the employer to make reasonably sure that we both employ authorized workers and document their work authorization correctly. Many people, in and out of government, share the view that foreign nationals working without authorization should share some of the penalty with companies unintentionally employing people who don’t have authorization. Learn more in this blog.
Mar 4, 2020
The United States is now barring entry to non-U.S. Citizens/Lawful Permanent Residents physically present in Iran within two weeks prior to seeking admission – even those with valid immigrant or nonimmigrant visas. Like February’s proclamation, immediate relatives of U.S. Citizens/Lawful Permanent Residents and NATO/UN/Diplomatic personnel amongst those exempted. Learn more in this blog.
Mar 4, 2020
I-9 Audits are a real threat to operations. Do we take worksite enforcement on our own terms or let the government dictate it to us? We don’t have to be reactive, we can own the process. The best way to approach worksite enforcement is to address the issues at a time and in a way of our choosing. Learn more in this blog.
Mar 3, 2020
A week since the implementation of the Public Charge Grounds (Final Rule), we offer a summary and assessment of its impact. Gain a general understanding of the Public Charge Final Rule and an analysis useful to determining whether someone is likely to be excluded or removed as a public charge in this blog.
Feb 26, 2020
A new version of the Form I-9, Employment Eligibility Verification (Form I-9) was released on Friday, Jan 31, 2020. The only things that appear to have changed are the version date (it is now 10/31/2019) and the expiration date (it is now October 31, 2022).
Feb 18, 2020
Due to shortages in the labor market, employers for highly skilled positions have lowered minimum qualifications. Less skilled laborers are able to move more easily between manufacturing and construction jobs. New immigration policies may force some construction companies out.
Feb 5, 2020
On January 31, 2020, the U.S. Department of State announced a revised reciprocity schedule for the Netherlands. In short, the revisions include fee increases and validity period decreases for specific visa classifications (E-1/E-2, F-1/F-2, L-1, and R-1). Learn more in this blog.
Feb 3, 2020
Employers must execute a Form I-9, Employment Eligibility Verification (Form I-9) on all employees. The current version is required and a new version was released on Friday, Jan 31, 2020. Learn about new changes to the form in this blog.