Department of Homeland Security

DHS Update

The later part of July brought two major immigration developments that affect U.S. businesses and foreign nationals. The United States Citizenship and Immigration Service (USCIS) has recently issued a memorandum pertaining to the government’s policy on the Requests for Evidence (RFEs) issuance for petitions and applications for various immigration benefits. While the practice of the

Department of Homeland Security

DHS Update

United States Citizenship and Immigration Services (USCIS) has completed the H-1B petitions selection for processing under the government-imposed cap, and, at this time, all petitioners that have not received receipt notices for their H-1B submissions should anticipate the petitions’ return with standard rejection letters from the USCIS. Importantly, foreign students using the “cap gap” provisions

Department of Homeland Security

DHS Update

Third-Party Placement: In alignment with President Trump’s Buy American and Hire American Executive Order, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum to establish agency policy related to H-1B petitions filed for workers who will be employed at third-party worksites. The memorandum clarifies that for H-1B petitions involving a third-party worksite, the employer

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 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

Hot off the Press

Premium Processing Resumed

U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. For an additional government filing fee of $1,225, the premium service guarantees a 15-day processing time. Earlier this year, USCIS resumed premium processing service for certain cap-exempt petitioners. At this time, premium

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