The Trump Administration recently signaled that it may consider ending some Temporary Protected Status (TPS) designations for countries that have benefited from the special status in recent years. For example, TPS for Haitian nationals was very nearly terminated. It was extended through January 22, 2018 only after intense lobbying. Secretary of Homeland Security John F. Kelly “extended the TPS designation,” … [Read more...]
ALERT: Visa Bulletin Progress and Projections
In a meeting with the U.S. Department of State (DOS) the American Immigration Lawyers Association (AILA) learned the following with respect to anticipated availability of immigrant visas. To check the current visa bulletin: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html EB-1 China and India. A final action date of January 1, 2012, which was imposed for EB-1 China and EB-1 India in June, remains for August and is expected to hold through the end of this fiscal year … [Read more...]
ALERT: Work from Home by H-1B Employees – Proceed with Caution
Telecommuting and flexible work arrangements are becoming more commonplace in many industries. Yet, immigration and labor rules have not kept up with these changes. H-1B workers are only authorized to work in specific locations, most often a company office. When managers permit or require H-1B workers to work off-site, companies are at risk for serious violations of the H-1B program. If you learn that an H-1B worker has been working at any locations not originally considered in his or her H-1B … [Read more...]
ALERT: New Version of Form I-9 Released
On July 17, 2017, the U.S. Citizenship and Immigration Services (USCIS) released a new version of its Form I-9, Employment Eligibility Verification. The new version is available “online” https://www.uscis.gov/system/files_force/files/form/i-9.pdf?download=1. Employers may use this new version, with revision date 07/17/17 N immediately. The previous version of the form, with revision date 11/14/16 N, may be used through September 17, 2017. Beginning on September 18, 2017, employers may only use … [Read more...]
USCIS Releases Memo on H-1B Program
On March 31, 2017, the U.S. Citizenship and Immigration Services (USCIS) issued a new “Policy Memorandum,” which can be found on the USCIS website at the following link, https://www.uscis.gov/sites/default/files/files/nativedocuments/PM-6002-0142-H-1BComputerRelatedPositionsRecission.pdf, that gives guidance to USCIS adjudicators at its Nebraska Service Center (NSC) on proper standards for the adjudication of H-1B petitions sponsoring nonimmigrant workers for computer occupations. What follows … [Read more...]
Green Cards and Employment Authorization Documents to be Redesigned
On April 19, U.S. Citizenship and Immigration Services (USCIS) announced it was redesigning the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards starting on May 1, 2017. According to the USCIS, these redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant … [Read more...]
