News Updates

Department of Homeland Security Releases Their Fall 2018 Immigration Agenda

By Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio Summary The Department of Homeland Security (DHS) released their Fall 2018 regulatory agenda, which is a summary of their projected immigration regulations and regulatory amendments. Of particular relevance is the Fiscal Year (FY) 2020 H-1B Cap Petitions and the rescission of the H-4 EAD Program. Proposed H-1B […]
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Validity of Medical Exam and Vaccination Record for Immigrants

By Angelita Chavez-Halaka and Armando Escobedo Summary USCIS is updating its policy guidance to require Legal Permanent Resident (LPR) applicants to provide a Medical Examination and Vaccination Report (Form I-693) that is signed by a civil surgeon no more than 60 days before filing for the underlying immigration application benefit. a Medical Examination and Vaccination Report […]
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Choosing an Employee Stock Option

By Hooman Yavi It is now common practice in the corporate world to offer stock options to employees. This can be a useful tool, since stock options provide a way for corporations to attract and retain high-performing candidates. In general, stock options align incentives by tying employee compensation to company performance. Of course, it is […]
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Short-Term Placements for H-1B Workers

By Navdeep Meamber Under the short-term placement option, an employer may temporarily move an H-1B visa worker to a new worksite. This means the location is not listed on the certified Labor Condition Application (LCA) and filed H-1B petition. When certain conditions are met, the employer does not need to file an amended or new […]
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Trends in H-1B Visas: More Restrictions

By Mojgan Hosseinzadeh Since President Trump has taken office in 2016, the administration has changed aspects of the H-1B visa program to limit its scope. The United States Citizenship and Immigration Services (USCIS) is currently working to alter the H-1B program’s mission statement by redefining: Eligibility criteria, to protect US workers and wages Which jobs […]
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F-1 Cap-Gap Work Authorization

By Angelita Chavez-Halaka and Armando Escobedo Summary F-1 students who filed H-1B Cap-subject petitions may begin accruing unlawful presence if their H-1B petition has not been adjudicated by October 1, 2018 and they continue to work after their work authorization has expired. While the H-1B Cap-subject petition is pending, F-1 students may remain in the U.S. without […]
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New Draft Rule May Impact Legal Immigrants that Receive Public Benefits

By Vandana Marath The Department of Security’s (DHS) recently posted a draft rule, which would impact legal immigrants who receive public benefits. The draft rule could change eligibility requirements to obtain a US visa or become a Legal Permanent Resident. It is currently unclear whether the draft rule will become enforced policy. What Are the Changes […]
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Arbitration Clauses in Agreements: How Desirable Are They?

By Chetana RG Kaasam, Esq. These days it is becoming more common to see arbitration clauses in all sorts of agreements. These include sub-contractor agreements, license agreements, and employment contracts. Parties to an agreement don’t always understand the implications of agreeing to an arbitration clause. It is important to get expert advice before you sign […]
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Policy Update on Notices to Appear (NTA)

By Angelita Chavez-Halaka and Armando Escobedo Summary On October 1, 2018, the United States Citizenship and Immigration Services (USCIS) will begin implementation of their new policy guidance regarding Notices to Appear, also known as NTAs. What is an NTA? A Notice to Appear is a formal charging document issued by the Department of Homeland Security (DHS) […]
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