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IMPORTANT DISCLAIMER: All blog posts are intended to provide general information. Nothing we post on this site is legal advice, nor does reading anything we write, or communicating with us through this platform, create an attorney/client relationship between us. Please note that legal rules and interpretations constantly change and some blog posts may be outdated. Once again these posts do not substitute for legal counsel. Seek legal consultation for your fact specific situations.
When will I find out if my registration was selected in this year's lottery?
ANSWER: USCIS will announce on or around April 1st that it has completed the lottery of H-1B registrations and finished notifying petitioners whose registrations were selected. Your ImmiPartner legal team thoroughly reviews the selection notices for all applicants as they are received, and if your registration was among those selected, our team will notify you via email between April 1-7.
Read MoreUnderstanding the 60-day rule and the possible interpretations of when this time period begins is critically important for laid-off workers. This calculation is very important for an H-1B worker and their new sponsoring employer, to ensure timely filing of a transfer application or change of status application, without USCIS finding a violation of authorized stay and denying such filing. The immigration regulations (8 CFR 214.1(l)(2)), dealing with the 60-day grace period, references “cessation of employment” as the start date or triggering event for counting this window. Let’s dig into this.
Read MoreFAQ: COMPLIANCE GUIDE FOR H-1B DEPENDENT EMPLOYERS
When a US company’s employee population comprises a certain number of H-1B visa holders, the US Department of Labor categorizes certain H-1B employers as “H-1B dependent employers.” These FAQs are intended to clarify which entities would be considered “H-1B dependent employers” and their related compliance requirements.
Read MoreWhen will I find out if my registration was selected in this year's lottery?
ANSWER: USCIS will announce on or around April 1st that it has completed the lottery of H-1B registrations and finished notifying petitioners whose registrations were selected. Your ImmiPartner legal team thoroughly reviews the selection notices for all applicants as they are received, and if your registration was among those selected, our team will notify you via email between April 1-7.
Read MoreWith priority dates from the Visa Bulletin constantly jumping ahead or retrogressing, a common question from employees and employers is about the idea of “downgrading” and the possibility of “interfiling.” In this post, we will discuss what they are and lay out some of the lesser-known considerations in considering whether to pursue them or not.
Read MoreOn November 10, 2021, the Department of Homeland Security (DHS) reached a settlement with major implications for L-2 and H-4 spouse work permits. The settlement has successfully changed longstanding immigration policy and means H-4 and L-2 spouses can now more easily obtain and renew their employment.
Read MoreOn October 19, 2021, a settlement was reached between Facebook and the Department of Justice regarding a lawsuit that had alleged that Facebook had engaged in discrimination against U.S. workers and potentially engaged in regulatory recruitment violations. This alleged discrimination, in part, focused on PERM Green Card recruitment. The impact of this settlement is still difficult to fully understand as this agreement avoided a court decision which would likely have provided more clarity on whether Facebook’s PERM recruitment practices were in fact discriminatory or whether they followed the rather clear letter of the law.
Read MoreAs COVID-19 vaccination efforts continue to progress rapidly in the United States, a common question that arises for international employees is whether it is feasible to travel internationally at this time. Unfortunately, the answer remains complicated.
Read MoreOn April 27th, 2021, USCIS announced that the agency is issuing policy guidance instructing
USCIS Officers to give deference to prior determinations when adjudicating extension requests. In other words, USCIS Officers are being directed to defer to prior determinations of approval for extension requests including the same parties and facts.
Biden’s Immigration Bill introduced in the Congress: On February 18, 2021, the Biden administration formally introduced the U.S. Citizenship Act of 2021 in Congress. We will have more analysis in the coming days but some of the key takeaways of the current bill include: (1) creating a path to citizenship for undocumented individuals who were physically present in the United States on or before January 1, 2021, provided that they pass criminal and security background checks and pay their taxes; (2) reforming employment-based immigration by clearing visa backlogs, recapturing unused visas, reducing lengthy wait times, and eliminating per-country visa caps. The bill also will introduce measures to make it easier for graduates of U.S. universities with advanced STEM degrees to stay in the United States.
Read More… In the real world, companies have different recruitment philosophies. In some cases, they recruit competitively, seeking the most qualified candidate for their open positions with laundry lists of “desired” qualifications listed. In other situations where the competition for talent is fierce, companies go with a very lax initial qualifications list, hoping to attract as many candidates as possible initially to cast a wide net.
Enter the twilight zone of PERM labor certification, where the DOL cares about one thing and one thing only, and that is that the PERM recruitment is based solely on the actual minimum requirements for the job. Below, we list out a few of the most common pitfalls.
Read MoreBiden reinstates Covid-19 related travel ban: On January 25, 2021, the President via a proclamation indefinitely suspended entry of foreign nationals entering the US from certain countries. Foreign nationals who do not qualify for an exception and who were present for 14 days preceding their US travel in South Africa, Brazil, Schengen Countries, Ireland or the United Kingdom were banned from entering due to public health concerns. Additionally, starting January 26, 2020, all air passengers coming to the United States, including U.S. citizens, are required to have a negative COVID-19 test result or documentation of recovery from COVID-19 before they board a flight to the United States. The guidance is silent on land travelers at this time.
Read MoreOn October 6, 2020 the Trump administration released two immigration rules directly aimed at the H1B and PERM Green Card processes. It is critical for companies and individuals to understand these rule changes and what to expect as it is aimed at the very core of H1B specialty occupation qualification as well as H1B and PERM Green Card wage requirements that impact the immigration status of professional workers.
Read MoreAs a result of a suit filed by Harvard and MIT against the USCIS, F-1 international students can once again take online courses and maintain their immigration status. ICE guidance has been rescinded as a result of the Federal court case, President and Fellows of Harvard College et al. v. U.S. Department of Homeland Security et al., case number 1:20-cv-11283, in the U.S. District Court for the District of Massachusetts. It appears that the Harvard suit filed against DHS which was set for oral arguments today but ended swiftly as the government agreed to back off of the new ICE directive which put students taking only online courses (due to Covid-19) in jeopardy of losing their immigration status.
Read MoreWebinar providing an analysis of the recent Trump Immigration Order targeting H1B, L, and J Visa holder’s ability to obtain visas and enter the U.S. Please listen for information on who it affects, who it does not impact, and where the ambiguity remains. The webinar also provides ideas for companies on how best to reduce the impact of the Order and what else we might expect on the immigration front.
Read MoreWith the expected furloughing of 13,000 plus USCIS employees, there will be serious ramifications for U.S. companies in terms of predictability and onboarding of international employees in H1B, L1, O1, and other Visa status types. This, on top of the current Trump Immigration Executive Orders, makes for a challenging time. Be prepared by learning about three possible ramifications.
Read MoreOn June 29, 2020, the Trump Administration updated the June 22, 2020, Immigration Executive Order, providing additional detail to one of the three requirements for an individual to be subject to the immigration ban on entry for targeting H1B Visa holders as well as L1, J1, and H2B Visa holders. This amendment unfortunately seems directly aimed at removing an argument that we were hoping to be able to use in helping clients reduce the impact of the Order. The change directly narrows the Visa type that a person must have held on June 24, 2020, in order to avoid falling under the ban on entry.
Read MoreWill the Department of State properly interpret and apply the plain language of the Immigration Order? Are those individuals who were inside the U.S. on June 24, 2020, exempt from the Order? Are those who held any valid visa type on June 24, 2020 exempt? It already appears that the DOS is failing to abide by the actual criteria of Trump's Immigration Order.
Read MoreHow does the Trump Immigration Executive Order impact Canadian H1B and L1 ‘Visa’ holders? Trump’s Executive Order set to become effective on June 24, 2020 is set to impact visa holders seeking entry from abroad through the H1B professional worker visa, L intracompany transfer visa, but Canadians may be okay it appears.
Read MoreAs expected, President Trump has released a follow up Executive Order to the Proclamation that was issued on April 22, 2020 which restricted Green Card processing for those outside of the U.S. Many of the restrictions we expected to be in this Executive Order are now in fact confirmed as provided in detail below. This order is set to last from June 23, 2020 through until December 31, 2020 with possible extensions thereafter.
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