Department of Homeland Security

DHS Update

H-1B Season is Nearing! April 1, 2018 marks the beginning of the new H-1B petition filing season with the U.S. Citizenship and Immigration Services (USCIS). As in prior recent years, the filing season is likely to be brief (i.e., most likely, limited to the first week of April) and, if more petitions are received than

Department of Homeland Security

DHS Update

The start of the New Year has been marked by a few immigration controversies. An important federal court decision of January 9th has resulted in the United States Citizenship and Immigration Services’ (USCIS) resumption of DACA status renewal and temporary employment authorization application acceptance and processing for the registered DACA individuals. USCIS recommends that applicants

Department of Homeland Security

DHS Update

The new policy guidelines from the U.S. Citizenship and Immigration Services (USCIS) reverse the long standing practice of the agency’s deference to its own prior adjudications (i.e., approvals) of certain immigration proceedings for the purpose of the extension filings review.  The newly adopted guidance instructs adjudicating officers to apply the same level of scrutiny to nonimmigrant visa

Department of Homeland Security

DHS Update

U.S. Citizenship and Immigration Services (USCIS) has recently resumed expedited processing (Premium Processing service) for all types of H-1B petition proceedings. H-1B petitions can now be filed under the 15-day Premium Processing adjudication program or a Premium Processing service request can be filed on a pending H-1B petition. Importantly, decision to use Premium Processing program

Department of Homeland Security

DHS Updates

DACA: The Trump administration has initiated a phase out of the program known as Deferred Action for Childhood Arrivals (DACA). Initial requests for DACA and associated applications for employment authorization documents (EADs) are no longer being accepted by USCIS. Note: Initial DACA requests filed by September 5, 2017 will continue to be processed by USCIS.

Department of Homeland Security

DHS Updates

Reminder to employers: as of September 18, 2017, all U.S. employers must use the most recent Form I-9 edition with a revision date of 07/17/17 N. Employers should continue following existing I-9 retention and upkeep rules for any previously completed Forms I-9, but use the newly revised form for all new hires. Most revisions to

Department of Homeland Security

Revised Form I-9

U.S. Citizenship and Immigration Services (USCIS) has just released a revised version of Form I-9, Employment Eligibility Verification. Employers may use the new version of Form I-9 (edition date of 07/17/17 N) or continue using the Form I-9 with a revision date of 11/14/16 N through September 17, 2017. On September 18, 2017, employers will

Department of Homeland Security

DHS Update

U.S. Citizenship and Immigration Services (USCIS) has started issuing redesigned Permanent Resident Cards (i.e., “Green Cards”) and Employment Authorization Documents (EADs) under its secure identification document program. The new cards display their holders’ photos on both sides, contain a unique graphic image and color pattern (Statue of Liberty and mostly green palette for Green Cards,

Department of Homeland Security

DHS Update

U.S. Citizenship and Immigration Services (USCIS) has completed its Fiscal Year (FY) 2018 H-1B visa lottery and mailed out receipt notices for the petitions accepted for processing under the H-1B visa cap. Petitioners that have not received H-1B petition receipt notices for the filings under the cap by the current date should check on the

Department of Homeland Security

H-1B Visa & Form I-9 Updates

On April 7, 2017, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated 65,000 H-1B visa cap for the government’s Fiscal Year (FY) 2018. USCIS also confirmed it had reached the cap under the 20,000 H-1B petitions allocation for U.S. advanced degree holders. The agency has not yet indicated the anticipated timelines of the