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Total Articles: 10

USCIS Releases Policy Memo on L-1 Visa Work Requirement

USCIS has released a policy memorandum clarifying the “one continuous year out of three years” L-1 requirement refers to the time before the individual’s filing.

DHS Proposes H-1B Registration System and Creates Uncertainty Heading Into Cap Season

On December 3, 2018, the U.S. Department of Homeland Security (DHS) introduced a new plan that would require employers to pre-register all potential H-1B candidates for selection in the H-1B lottery. Pursuant to the proposal, an employer would be permitted to submit an H-1B petition only on behalf of a candidate whose registration was selected by U.S. Citizenship and Immigration Services (USCIS). DHS believes that the registration system will streamline the H-1B application process by limiting the total number of petitions filed by employers and adjudicated by USCIS. DHS hopes to have the new registration process operational by the start of cap season on April 1, 2019. The proposal does, however, include a provision that allows USCIS to delay implementation if the registration system is not yet ready.

Amendments to H-1B Visa Regulations Proposed

The Department of Homeland Security has published a much-anticipated notice of proposed rulemaking affecting the H-1B visa process. Public comments must be submitted by January 2, 2019.

USCIS Indicates Changes to Advance Parole Policy

On November 16, 2018, United States Citizenship and Immigration Services (USCIS) Director L. Francis Cissna suggested that USCIS will discontinue its policy of denying certain pending I-131, Application for Travel Document applications when an applicant travels internationally. Cissna’s comments came during the Office of the Citizenship and Immigration Services Ombudsman’s Annual Conference. He gave no indication about when the change was likely to be implemented, but he did suggest that the new policy is forthcoming.

Ninth Circuit Court of Appeals Rules in Favor of DACA

A three-judge panel for the Ninth Circuit Court of Appeals has upheld a nationwide preliminary injunction issued by a California district court, temporarily preventing the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) program. The order requires the Department of Homeland Security (DHS) to continue to accept renewal applications. The Ninth Circuit, which is the first appeals court to rule on the matter, found that DACA “was a permissible exercise of executive discretion” and thus the plaintiffs are likely to succeed on the merits.

PODCAST: Immigration Insights: Need-To-Know Updates for Employers

In this episode, Jamie Dietz and Tina Ho discuss the current business immigration landscape, from recent guidance and policy memos to practical insights for employers on understanding and preparing for this constantly evolving area.

Department of Homeland Security Fall 2018 Agenda Portends Big Changes for H-1B Visa, Other Programs

The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program.

DHS Releases Ambitious 2018 Regulatory Agenda

The Department of Homeland Security (DHS) released its fall 2018 regulatory agenda, laying out its rulemaking goals through 2019. The published timeline is aspirational and does not represent a strict schedule. In fact, many items on the agenda are familiar carryovers from the past. Because the rulemaking process is multipronged, the time between the introduction of a proposed rule and implementation of the final rule can be lengthy. For that reason, regulatory agendas are perhaps most beneficial in that they provide insight into the agency’s priorities and give the public a general idea of what the agency hopes to accomplish in the foreseeable future.

Ice Delivers Over 2,700 I-9 Audit Notices In July 2018

Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) were out in force during the week of July 16 delivering Notice of Inspection (NOI)/audit notices. Incredibly, HSI served 2,738 NOIs and made 32 arrests in a one-week period. This is a massive operation and more NOIs than usually are delivered in a year’s time.

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for Fiscal Year 2020 on April 1, 2019

U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2020 (FY 2020) starting April 1, 2019. Employers should identify any current or future employees who may require new H-1B visas to work in the United States. Individuals currently holding F-1 student visas, individuals seeking to change to H-1B status from another visa status (such as L-1, TN, O-1, or E-3), and individuals outside the United States likely will require cap-subject H-1B petitions to be filed on their behalf.