On March 20, 2018, USCIS announced that starting April 2, 2018, it will temporarily suspend premium processing for all H-1B cap-subject petitions. This suspension may last until at least September 10, 2018. The temporary suspension applies only to FY19 cap-subject...
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.
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:
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...
On February 25, 2015, the Department of Homeland Security (DHS) published a final rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status.Now, DHS...
USCIS announced today that it would resume offering its Premium Processing Service (PPS) for all H-1B petitions. USCIS previously resumed PPS for all cap-subject petitions and for certain cap-exempt petitions. © Jewell Stewart & Pratt PC 2017
On September 18, 2017, USCIS announced that it would resume its Premium Processing Service (PPS) for all H-1B visa petitions subject to the Fiscal Year 2018 cap. The resumption only applies to pending cap petitions, not any newly-filed petitions such as for changes of...
On March 31, 2017, U.S. Citizenship & Immigration Services (USCIS) released a policy memorandum (hereinafter, “the new memo”) explicitly rescinding a prior memo on H-1B computer-related positions, and thereby reinforcing current USCIS practice related to the use of the Computer Programmers occupation code in H-1B petitions. This post provides background information and discusses how future H-1B petitions will be affected.
News Release from Jewell Stewart & Pratt – April 18, 2017 An Executive Order signed by President Trump on April 18, 2017 directs the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security to, among other items, (1)...
