Update: Implementation of Revised Form I-539 and New Form I-539A

By: Angelita Chavez-Halaka, Armando Escobedo, Gladys Gervacio Summary On March 08, 2019, USCIS will publish on its website the revised Form I-539 (Application to Extend/Change Nonimmigrant Status) and new Form I-539A (Supplemental Information for Application to Extend/Change Nonimmigrant Status). Implementation Procedure: Previous editions of Form I-539 will continue to be accepted by USCIS if received […]
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Update: Premium Processing Resumes for H-1B Petitions Filed on or Before December 21, 2018

By Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio Summary Starting February 19, 2019, USCIS will resume premium processing for all H-1B petitions filed on or before December 21, 2018. USCIS announced that it will resume premium processing on February 19, 2019 for all H-1B petitions filed on or before December 21, 2018. If USCIS issued a […]
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Revised Form I-539 and New Form I-539A

By Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio Summary On March 11, 2019, USCIS will publish on its website a revised Form I-539 (Application to Extend/Change Nonimmigrant Status) with an edition date of 02/04/2019. USCIS will also publish a new Form I-539A (Supplemental Information for Application to Extend/Change Nonimmigrant Status). The new Form I-539A will replace […]
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Update: Final Rule on H-1B Cap Selection Process

By Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio Summary On January 31, 2019 the U.S. Department of Homeland Security (DHS) will publish the final rule on the implementation of a new H-1B selection process beginning fiscal year (FY) 2020 cap season. The electronic registration requirement will be suspended for FY 2020 H-1B cap season. Effective Date […]
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Update: Premium Processing for FY 2019 H-1B Cap Cases Resumes

By Angelita Chavez-Halaka; Armando Escobedo; Gladys Gervacio Summary On Monday, January 28, 2019, USCIS will reinstate Premium Processing for Fiscal Year (FY) 2019 H-1B Cap Petitions, including H-1B Master’s Cap for the advanced degree exemption. Qualifying H-1B Cases: Pending FY 2019 H-1B Cap Petitions; those cases that have been issued a Request for Evidence (RFE) should include Premium Processing fees […]
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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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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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