News Updates

Applying for CBP’s Global Entry Program for Citizens of India

By: Gladys Gervacio U.S. Customs and Border Protection (CBP) has been accepting applications from citizens of India for its Global Entry program since July 3, 2017. Global Entry allows expedited processing for pre-approved, low-risk travelers when they arrive in the US at select airports. Instead of standing in line, program members proceed to Global Entry […]
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Proposed Policy: Accrued Unlawful Presence by F, M, & J Status Holders

By: Omar Nazarkhan and Angelita Chavez-Halaka On May 10, 2018, U.S. Citizenship and Immigration Services (USCIS) proposed new policy guidance that would significantly impact students and exchange visitors. We would like to stress that these changes are currently being reviewed and have not been adopted. Present Policy The current policy distinguishes between the violation of […]
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Dynamex Decision Presents Challenges to Businesses Using Independent Contractors

By: Hooman Yavi Whether an individual worker can be classified as an employee or independent contractor has deep implications for businesses and workers. If a worker is classified as an employee, the business is responsible for: Social Security and payroll taxes; Unemployment insurance taxes; Providing worker’s compensation insurance; and Complying with state and federal regulations […]
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California’s Immigrant Worker Protection Act

By: Ana Tsareva On March 6, 2018, the U.S. Department of Justice asked a federal court to invalidate California’s AB 450—the Immigrant Worker Protection Act, which went into effect on January 1, 2018—and two other state immigration laws, arguing that they are preempted by federal law. Though the California statutes remain in effect, the Justice […]
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What to Do in the Aftermath of a Data Breach

By: Hooman Yavi Handling a data breach is undoubtedly a delicate matter. Oftentimes over-reliance on templates and inexperienced counsel can lead to mistakes in how a company notifies affected individuals. Although nobody will be happy to learn that their personal information has been compromised, companies can overcome some of the pitfalls and backlashes of mishandling […]
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Motion for Temporary Restraining Order and Preliminary Injunction Filed Against USCIS Challenging Restrictions on H-1B Workers at Third Party Worksite

By: Gladys Gervacio On May 1, 2018, Small and Medium Enterprise Consortium, Inc., Nam Info, Inc., And Derex Technologies, Inc. filed a Motion for Temporary Restraining Order and Preliminary Injunction against USCIS in the U.S. District Court in Newark, New Jersey. Plaintiff companies challenge USCIS Policy Memo PM-602-0157 which imposes severe restrictions on assigning H1-B […]
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Visa Bulletin For June 2018

A. STATUTORY NUMBERS This bulletin summarizes the availability of immigrant numbers during June for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file […]
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After the H-1B Cap: What now?

By: Sonia Sidhu Now that the H-1B cap is reached, employers need to be innovative and rely on other available work visas to meet your hiring goals. So, what other options are available to you as employer? Candidates Currently in the US; Candidates Previously Counted Against the Cap Foreign nationals who are already in H-1B […]
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PERM Updates

PERM Processing Times (as of 04/30/2018) Processing Queue Priority Dates Month Year Analyst Review December 2017 Audit Review August 2017 Reconsideration Requests to the CO April 2018
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