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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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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Managing Immigration Compliance During Mergers & Acquisitions (M&A)

By Min Kim US immigration poses certain challenges for companies considering mergers & acquisitions (M&A). Employment-based immigration often requires strict business-related forecasts, which can be difficult in fast-moving transactions. Employers with an upcoming M&A should prepare for how the transaction will directly impact their foreign national work staff in the US. H-1B visas and green […]
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USCIS Expands Suspension on Premium Processing

By Angelita Chavez-Halaka, Armando Escobedo, and Juan Valdez Summary USCIS has temporarily expanded suspension of premium processing for certain H-1B petitions. The suspension is expected to last through the estimated date of February 19, 2019. USCIS previously announced suspension of premium processing for fiscal year 2019 cap-subject H-1B petitions. USCIS has now expanded suspension to all […]
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