News Updates

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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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. Form I-693 will remain valid for […]
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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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