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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Good Practice Pointers Before Traveling as a Non-Immigrant

By: Carmen C. Lopez As an employer, there are several good pointers you can recommend to your employees who hold non-immigrant visas such as L-1 or H-1B, before traveling outside the United States.  Some of these recommendations include the following: Ensure that the validity period of the foreign passport the employee holds, is valid for […]
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Alternative Visas After the H-1B Cap is Reached

By: Sonia Sidhu Now that the H-1B cap is reached, employers need to be innovative and rely on other available work visas to meet their hiring goals. So, what other options are available to you as employer? Candidates Currently in the U.S.; Candidates Previously Counted Against the Cap Foreign nationals who are already in H-1B status […]
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Trump Administration and Immigration

By: Jalpa Shah On February 9, 2017, the Court of Appeals for the Ninth Circuit denied the government’s request to stay a federal judge’s temporary restraining order against the January 27 Executive Order (which many referred to as the Travel Ban Executive Order). Although future court rulings could reinstate the executive order, currently, this ruling […]
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H-1B and L-1 Site Visits

Practitioners have been reporting an uptick in the number of H-1B and L-1 site visits. As you may know, the USCIS began its Administrative Site Visit and Verification Program (ASVVP) in 2009, under which site visits are conducted by the Fraud Detection and National Security directorate (FDNS) of USCIS. FDNS focuses on site visits for […]
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The Confusing New Public Law Fee

Even though the new regulations indicated that a $4,000 or $4,500 Public Law Fee is required for certain H and L petitions (including extensions), it appears that USCIS is not currently collecting them for extensions or amendments.  Based on the news release from USCIS, we will not request and submit them for extensions or amendments. […]
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Immigration Law Compliance for 2016

Quick Announcements With the new year, it is a good time for employers to review immigration-related matters and documents to ensure a great year ahead: H-1B Amendment deadline is January 15, 2016. If an H1B worker has moved to a new location not covered by an existing H1B petition after April 9, 2015, but before […]
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Increase in Fees on H-1B and L-1 Visas

We were barely done rejoicing the reduction in H-1B/L1 fee from $2,000 to zero earlier this year on September 30, 2015, but Congress has put an end to the celebrations with a nice penalty. In 2010, the H1B and L1 fee was increased to $2,000 which ended on September 30, 2015. Then on December 18, […]
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