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Update on work authorization for certain H-4 dependents

Update on work authorization for certain H-4 dependents

Oct 1, 2018

As mentioned in our prior post, the Trump administration was due to propose new regulations by the end of February 2018, eliminating the ability of certain H-4 dependents to work.  Although it has not yet issued proposed regulations, there is now an updated timeline for that to occur.  On September 21, 2018, the Department of Homeland Security (“DHS”) submitted a status report in the ongoing litigation in Save Jobs USA vs. U.S. Department of Homeland Security over the regulation allowing H-4 employment.  The status report for the case, which is being held in abeyance pending the issuance of a new rule, indicated that DHS’s proposed rule will be sent to the Office of Management & Budget (“OMB”) for notice and comment within three months. 

USCIS announces further suspensions of Premium Processing Service  for H-1B petitions

USCIS announces further suspensions of Premium Processing Service  for H-1B petitions

Aug 28, 2018

In an announcement on August 28, 2018, USCIS announced that, instead of lifting the suspension of Premium Processing Service (PPS)  for H-1B “cap” cases that was supposed to last only through September 10, 2018, it is extending the PPS ban for such cases to February 19, 2019.  In addition, starting September 11, 2018, USCIS will extend its PPS ban to most other types of H-1B cases, as well. 

H-1B cap update – USCIS reports 190,098 petitions received

H-1B cap update – USCIS reports 190,098 petitions received

Apr 12, 2018

Today USCIS announced that it received 190,098 H-1B petitions in the filing period that began on April 2. On April 11 USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the...

H-1B cap reached for FY 2019, lottery triggered

H-1B cap reached for FY 2019, lottery triggered

Apr 6, 2018

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2019. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the U.S. advanced degree exemption. USCIS will not accept H-1B petitions subject to the FY 2019 cap or the advanced degree exemption after today.

Update on work authorization for certain H-4 dependents

Update on work authorization for certain H-4 dependents

Mar 1, 2018

The Trump administration was due to propose new regulations by the end of February 2018, eliminating the ability of certain H-4 dependents to work.  Although it has not yet issued proposed regulations, there is now a potential timeline for that to occur.  In ongoing litigation over the regulation allowing H-4 employment, the U.S. Court of Appeals for the District of Columbia Circuit ordered the case to be held in abeyance following a motion from the Department of Homeland Security (“DHS”) requesting time to issue a proposed “rescission” regulation in February 2018.  Although DHS did not issue such a regulation in February, the Circuit Court order, issued February 21, 2018, gives the DHS 90 days, or until May 22, 2018, to provide an update on rulemaking.  

New California Employers’ Requirements under AB 450: Immigration Worksite Enforcement Actions

New California Employers’ Requirements under AB 450: Immigration Worksite Enforcement Actions

Jan 25, 2018

California Assembly Bill No. 450 (AB 450) regarding California employers’ obligations when subject to federal immigration worksite enforcement actions was signed by Governor Brown on October 5, 2017, and took effect on January 1, 2018.  As part of a group of immigration-related bills recently signed into law, AB 450 is hailed by advocates as solidifying California’s status as a Sanctuary State.  The law introduces several requirements applicable to public and private employers in California.  How the California Labor Commissioner or California Attorney General will enforce the law is still an open question, given that federal law ordinarily preempts state law in the area of immigration, and because there is uncertainty surrounding which federal immigration enforcement agents must be refused entrance or documents under the new California law.  Below we detail a few of the new requirements for employers:

H-1B “cap” season and the government shutdown

H-1B “cap” season and the government shutdown

Jan 23, 2018

Although many businesses have become accustomed to the seasonality of sponsoring H-1B visas, there is a new reason for employers to identify candidates and employees potentially needing H-1B sponsorship early this year: the looming government shutdown.  Although...

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