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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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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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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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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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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