Corporate Immigration Law News

Immigration Topics:

Immigration Links:

13Mar

USCIS Resumes Premium Processing for All H-1B Petitions

H-1B Visa News Comments Off on USCIS Resumes Premium Processing for All H-1B Petitions

USCIS announced yesterday that it will resume premium processing on Tuesday, March 12, for all H-1B petitions.

When an H-1B petitioner requests the premium (or expedited) processing service by filing a Form I-907 and paying an additional USCIS filing fee of $1,410, USCIS will guarantee an adjudication (either an approval or the issuance of a request for additional evidence) within 15 calendar days of the filing date. A request for premium processing can be done in conjunction with the initial filing of the H-1B petition or, alternatively, a pending case can be converted to premium processing to expedite its adjudication. Likewise, if you have received a request for additional evidence (RFE) on a pending H-1B petition, you can include the request for conversion to premium processing with the RFE response so that the case may be adjudicated within 15 calendar days from the Service’s receipt of the RFE response.

While USCIS’ announcement indicates that all H-1B petitions are eligible for premium processing, it is not yet clear whether or not H-1B petitions filed in April under this year’s cap are eligible. Clarification should come shortly in this regard.

If the USCIS does not take adjudicative action within the 15 calendar day processing time, upon request, the Service will refund the petitioner’s premium processing service fee and will continue with expedited processing of the petition.

For additional information on the resumption of premium processing click here to access the USCIS website.

If you have questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.
05Mar

Scott Malyk Speaks to NJBIZ on Employer Audits by USCIS FDNS in Connection with H-1B Visa Filings

H-1B Visa News Comments Off on Scott Malyk Speaks to NJBIZ on Employer Audits by USCIS FDNS in Connection with H-1B Visa Filings

A federal judge in Newark is presiding over a lawsuit brought by employers against the federal government over H-1B visas

A technology business association is fighting a legal battle in Newark, New Jersey against the federal government over the bureaucracy’s handling of H-1B, or specialty occupation, visas.

The Small and Medium Enterprise Consortium is accusing the government of changing its requirements to prove an employee-employer relationship, therefore making initial H-1B visas or visa extension much harder than before. (Read full text of the article here.)

If you have questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.
27Feb

HR/LEGAL ALERT: H4 Spouses May Lose Employment Authorization – Will This Affect Any Of Your Employees?

H-1B Visa News Comments Off on HR/LEGAL ALERT: H4 Spouses May Lose Employment Authorization – Will This Affect Any Of Your Employees?

On February 25, 2015, under the Obama Administration, U.S. Department of Homeland Security (“DHS”) published a final rule extending employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who were seeking lawful permanent resident status based on their employment in the United States. Currently, it is estimated that approximately 91,000 foreign nationals are employed in the United States with H-4 Employment Authorization Documents (“EADs”).

On February 20, 2019, DHS moved forward with its efforts to revoke employment authorization for such H-4 dependent spouses by sending a proposed rule to eliminate eligibility for H-4 dependent spouse employment to the Office of Management and Budget (“OMB”) for review. It should be noted that the details of the proposed rule have not yet been published so we do not yet know the specifics relating to several key provisions, including the effective date of the rule and whether there will be a grandfathering clause (that will prohibit first time H-4 EAD applications, but will continue to grant extensions of work authorization to H-4 spouses who already have EADs). Read more:

If you have questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.
27Feb

HR Tip of the Week: Be Proactive With Tracking I-94 Expiration Dates

Uncategorized Comments Off on HR Tip of the Week: Be Proactive With Tracking I-94 Expiration Dates

Be Proactive In Tracking Form I-94 Expiration Dates For Each Of Your Foreign National Employees

Except for U.S. Citizens and green card holders, all foreign nationals who enter the United States are issued a new Form I-94 Arrival/Departure record (I-94) upon every entry. In 2013, U.S. Customs and Border Protection (CBP) chose to automate this process, and the automated process is, unfortunately, riddled with errors. For example, a CBP officer may enter an incorrect expiration date on the I-94, or input the wrong class of admission. Such errors, if undetected, may result in grave consequences for your employee and your organization and, thus, should be promptly identified and corrected. Read more:
20Feb

USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018

H-1B Visa News Comments Off on USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018

USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service, you must submit the premium processing request to the service center now handling the petition. You should also include a copy of the transfer notice with your premium processing request to avoid possible delays associated with the receipt of your premium processing request. Additionally, if you received a request for evidence (RFE) for a pending petition, you should also include the RFE response with the premium processing request. If your petition was transferred and you send your premium processing request to the wrong center, USCIS will forward it to the petition’s current location. However, the premium processing clock will not start until the premium processing request has been received at the correct center.

If you have questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.
18Feb

The Evolving Definition of Workplace Diversity

Uncategorized Comments Off on The Evolving Definition of Workplace Diversity

Top-performing companies have long recognized that diversity is good for business. But the definition of workplace diversity is evolving. Typically, when one thinks of workplace diversity, characteristics such as race, ethnicity, gender, age, religion, and sexual orientation come to mind, among others. However, in today’s ever-increasing global economy, and in Corporate America’s race develop the newest innovations and best solutions, the definition of workplace diversity should be expanded to include immigration or citizenship status.

Indeed, through recruitment of a diverse workforce, including immigrants (green card holders) and nonimmigrants (temporary work visa holders) (collectively referred to as “foreign nationals”), organizations are equipped to recruit from a larger pool of applicants, thereby enabling organizations to find the best and brightest applicants across all races, ethnicities, genders and citizenships. Such a diverse workforce can also provide organizations with individuals who possess the requisite language skills and cultural experiences required to expand or improve operational outcomes in global emerging markets. A diverse workforce can also assist with achieving a true diversity of values (i.e., what motivates someone to join a company, to embody the organizational spirit and drive, and to be a productive employee for the long-term). Read more:
18Feb

A Glimpse into the Immigration Crystal Ball

Uncategorized Comments Off on A Glimpse into the Immigration Crystal Ball

Anyone who has dealt with the Immigration Service or ICE over the past 2 years would agree that we are living in a fairly contentious pro-enforcement immigration environment.

In looking forward to 2019, our crystal ball tells us to expect more of the same.

The trend of deliberately voluminous and combative Requests for Evidence from USCIS is expected to continue along with a surge in worksite compliance enforcement (I-9 audits) from ICE and the reversal of rules that were once beneficial to certain foreign nationals. Read more:
16Feb

HR Tip of the Week: What Pre-Hire Screening Questions Can Our Recruiting Team Ask About Immigration Status?

Uncategorized Comments Off on HR Tip of the Week: What Pre-Hire Screening Questions Can Our Recruiting Team Ask About Immigration Status?
There are two DOJ/OSC-approved questions that your organization should incorporate into your pre-hire screening process:
1. Are you legally authorized to work in the U.S.?
2. Will you now, or in the future, require immigration sponsorship for employment in the United States?
These questions should be asked of every candidate, applied evenly across the board. So, best practice is to incorporate these 2 questions into the pre-hire screening process within your organization’s applicant tracking or talent management system. Read more:
15Jan

HR/LEGAL ALERT: Plan now for New H-1B Petitions To Be Filed April 1-5, 2019

H-1B Visa News Comments Off on HR/LEGAL ALERT: Plan now for New H-1B Petitions To Be Filed April 1-5, 2019

H-1B Cap Season Is Upon Us!

This is a reminder to all U.S. employers of the rapidly approaching April 2019 deadline for the filing of H-1B cap cases for Fiscal Year 2020. USCIS will start accepting cap-subject petitions on Monday, April 1, 2019.

Given continued pent-up demand, we fully expect the H-1B cap to be reached during the first week of April. As usual, USCIS will continue to accept petitions during the first five (5) business days; i.e., through Friday April 5, 2019. As such, we strongly encourage you to identify any employees who may require H-1B sponsorship and contact us as soon as possible to begin preparing your H-1B petitions for a timely filing. For additional details and further information click here.

If you have questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.
21Dec

DHS Announces Migration Protection Protocols

USCIS Policy Updates Comments Off on DHS Announces Migration Protection Protocols

WASHINGTON – On December 20, Secretary of Homeland Security Kirstjen M. Nielsen announced historic action to confront the illegal immigration crisis facing the United States. Effective immediately, the United States will begin the process of invoking Section 235(b)(2)(C) of the Immigration and Nationality Act. Under the Migration Protection Protocols (MPP), individuals arriving in or entering the United States from Mexico—illegally or without proper documentation—may be returned to Mexico for the duration of their immigration proceedings. Read full details here.

If you have questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.