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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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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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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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 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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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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