The Department of Homeland Security (DHS) has issued its long-awaited Notice of Proposed Rulemaking (NPRM) to amend USCIS Regulations relating to cap-subject H-1B petitions filed under both the regular cap and advanced degree exemption. Comments from the public may be submitted to the agency within the next 30 days. This does not affect cap-exempt H-1B
Proposed Public Charge Rule Change
On Saturday, September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule designed to redefine a status known as “public charge” — a category used to determine whether someone seeking permanent resident status is “likely to become primarily dependent on the government for subsistence” for those seeking to immigrate to the
Concern for F-1 Students – Maintenance of Optional Practical Training (OPT)
USCIS recently issued a reminder for F-1 students that transferring to another education institution or beginning studies at another educational level automatically terminates Optional Practical Training (OPT) as well as the corresponding employment authorization document (EAD). The requirement to maintain status is important due to the proposed USCIS Policy Memorandum on the Accrual of Unlawful
Proposed Policy Change – F, J, and M Nonimmigrants to Accrue Unlawful Presence
On May 11, 2018, United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum for Public Comment, with the comment period set to end on June 11, 2018. The proposed change would affect those individuals and their dependents in the following statuses: Student (F-1 Academic Student and F-2 Spouse or Child of F-1 nonimmigrant);
What if the Government Shuts Down Tonight (1/19/2018)?: Impact on Immigration Services
Congressional negotiations on a federal spending bill remain very active. To avoid a federal government shutdown, a decision or a short-term continuing resolution (CR) to fund the government at current levels must be reached by Friday, January 19, 2017. Until a deal is made or a CR is passed, the threat of a shutdown remains
ICE Levies Largest Settlement Ever: Asplundh Tree Expert Co To Pay $95 Million
Asplundh Tree Expert Co., one of the largest privately owned corporations in the country, with 30,000 employees and 3.5 billion in annual sales, according to Forbes, has been ordered to pay $95 million in the largest fine against a company for hiring thousands of immigrants who did not have permission to work in the U.S.,
Form I-9 Alert!: Social Security Number Glitch
On April 17, 2017, USCIS alerted stakeholders concerning a glitch on the Form I-9. The glitch specifically relates to any Form I-9 downloaded between November 14, 2016 and November 17, 2016 and the employee’s Social Security number. Employers who downloaded Form I-9 during this brief period should ensure the employee’s Social Security Number appears correctly
H-1B Lottery Update!
Today, USCIS announced it has completed the H-1B cap FY 2018 random selection process (also known as the H-1B lottery). This means USCIS has completed the lottery and has selected enough petitions to meet the 65,000 regular-general cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected H-1B
H-1B for Computer Professionals – New Developments
In the last few days, there have been a number of government announcements concerning the popular H-1B Temporary Worker status. Of course, these announcements come after this year’s crop of new H-1B visa applications have been sent to USCIS. Some of the linked announcements are warnings and others are disquieting.
What does all of this
USCIS Publishes More Startup-Friendly International Entrepreneur Rule, But Future Remains Unclear
On our Emerging Companies Insider blog, Fox associate Alex Radus provided an update on the new International Entrepreneur Rule by the U.S. Citizenship and Immigration Services (USCIS). The rule, which would grant limited entrée to entrepreneurs establishing stateside startups, has undergone a public comment period. Slated to become effective July 17, 2017, the rule would permit the Secretary of Homeland Security to offer parole (temporary permission to be in the U.S.) to individuals whose businesses provide “significant public benefit.” That means the startup should have a substantial potential for rapid growth and job creation, and that the entrepreneur’s parole would significantly help the startup conduct and grow its business in the U.S. As a result of public comments, USCIS generally made it easier for foreign entrepreneurs to establish startup companies in the U.S. via the program.
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