News Updates

Incomplete Immigration Petitions: Requests for Evidence (RFE) and Notices of Intent to Deny (NOID)

By Phani Bobba Employers may receive Requests for Evidence (RFE) or Notices of Intent to Deny (NOID) from US Citizenship and Immigration Services (USCIS) when they submit incomplete immigration petitions. Neither notice necessarily means a petition will be denied, however. Although there are key differences between RFEs and NOIDs, employers can overcome either to get […]
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Split Decision: Should Companies Split the Chairperson and CEO Roles?

By Shagun Parekh The top two leadership roles in the corporate world are the Chairperson of the Board of Directors (“Chairperson”) and the Chief Executive Officer (“CEO”). These instrumental and coveted designations impact the company in innumerable ways, but the nature of that impact depends largely on the corporate structure of the company. Combined or […]
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Choosing a Governing Law for Your Contract

By Parth Jain It is important to choose a governing law for all contractual relationships. When all parties are from the same state and the contract will be performed there, the choice is simple. However, more business transactions are taking place across borders. In these cases, it is essential to nominate a governing law for […]
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EB-2 to EB-3 Downgrade for Indian and Chinese Nationals – January 2019

By Angelita Chavez, Gladys Gervacio, Toni Ordona, and Armando Escobedo Summary On December 13, 2018, the Department of State (DOS) released the January 2019 Visa Bulletin. Of particular relevance is the employment-based third (EB-3) and second preference (EB-2) category for India and China.  The EB-3 category for beneficiaries born in China and India has a […]
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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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