News Updates

Proposed Rule on H-1B CAP Selection Process

By: Armando Escobedo and Gladys Gervacio Summary On November 30, 2018 the US Department of Homeland Security (DHS) published a proposed rule requiring H-1B petitioners to first electronically register with US Citizenship and Immigration Services (USCIS) during a designated registration period if seeking to file an H-1B Cap-Subject Petition. What is an H-1B Petition? The H-1B […]
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How to Comply with California’s New Workplace Sexual Harassment Training

By Prema Roddam and Sherwood Tung California recently passed workplace reforms to strengthen sexual harassment prevention, and legal protection for victims. The legislation includes several new requirements for workplace sexual harassment training. An increased number of California employers will need to comply with training requirements by 2020. Workplace Sexual Harassment Training Requirements in California Governor […]
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USCIS Clarifies the One-Year Foreign Employment Required for L-1 Petitions

By: Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio Summary On November 15, 2018, United States Citizenship and Immigration Services (USCIS) released Policy Memorandum (PM) clarifying the L-1 one-year foreign employment requirement. This PM is effective immediately. What is an L-1 Petition? The L-1 visa is designed for “Intracompany Transferees.” It is a temporary, non-immigrant petition which […]
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California’s New Independent Contractor Test

By Sherwood Tung Businesses that use independent contractors in California need to be wary before classifying a worker as an independent contractor. The reason for precaution is that it is unlawful in California for any person or employer to willfully mis-classify an individual as an independent contractor. Historically, California courts have applied various tests to […]
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UPDATE: Implementation of Revised Labor Condition Application (LCA)

By Angelita Chavez, Gladys Gervacio, and Armando Escobedo Summary On November 19, 2018, the U.S. Department of Labor (DOL) is expected to fully implement changes to Form ETA – 9035, Labor Condition Application (LCA) for H-1B, H-1B1 & E-3 Nonimmigrants. Implementation Procedures Employers can continue to use the existing LCA form until November 18, 2018. […]
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The End of H-4 Employment Authorization May Be Near

By Sheetal Zumale and Joseph Chua In May 2015 United States Citizenship and Immigration Services (USCIS) passed the “Employment Authorization for Certain H-4 Dependent Spouses” rule, which allowed more than 100,000 H-4 dependent spouses to get jobs in the US after many years of staying home. Today, three years later, employers of H-4 Employment Authorization […]
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The O-1A Visa as an Alternative to the H-1B Visa

By Jioselin Juarez The H-1B visa has long been popular with US employers to fill temporary, specialty roles. Recently however, employers are facing various hurdles in getting H-1B visas for employees. One challenge is the United States Immigration and Citizenship Services (USCIS) has begun issuing H-1B visa denials without providing a reason. In this time […]
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Update on Labor Condition Application (LCA) Revisions

By Angelita Chavez-Halaka Summary The U.S. Department of Labor (DOL) is planning to make changes to Form ETA – 9035, Labor Condition Application (LCA). This will impact H-1B, H-1B1 & E-3 Nonimmigrants. Updates on Transition Plan Expected full implementation of changes will occur over 30-45 days. The DOL will provide information about: Date old form will […]
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New Labor Condition Application (LCA)

By Angelita Chavez-Halaka and Armando Escobedo Summary The U.S. Department of Labor (DOL) is set to implement changes to Form ETA – 9035, Labor Condition Application (LCA) for H-1B, H-1B1 & E-3 Nonimmigrants. The anticipated date release of the final LCA is October 24-31, 2018. Updates Please see updated LCA information as of October 26, 2018. […]
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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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