In the News: The Supreme Court Upholds DACA
The US Supreme Court recently struck down Trump’s efforts to put an end to DACA protections. In his opinion, Justice John Roberts rejected the end of DACA primarily on procedural grounds. That is, the court seemed to take more issue with how the Trump administration was attempting to end DACA than with DACA itself. “We…
Read MoreHow to Hire an H-1B Worker
If you want to hire an H-1B worker it might be a good time to get your application in quickly. The Trump Administration is considering a moratorium on H-1B vias through October 1, 2020. Rumors also suggest Trump intends to raise the minimum wage an employer may pay an H-1B visa holder. The ban would…
Read More3 Things Immigrants Don’t Have to Fear
Covid-19 has created a lot of fear and uncertainty, especially for immigrants. Many immigrants aren’t taking certain actions which could help them because they are afraid of complicating their situation or creating consequences they’re not prepared to face. That’s why we wanted to take a moment to go over some of the things which immigrants…
Read MoreIn the News: Immigration Remains Intertwined With the Covid-19 Pandemic
The Covid-19 pandemic and immigration policy have become entangled. The pandemic makes life harder on immigrants. It’s also inflamed the debate. Indeed, the tug-of-war over immigration seems to be the one facet of American life that hasn’t ground to a complete halt. Here are four news items worth paying attention to. The 60-Day Ban on…
Read MoreImmigration Hiring During the Covid-19 Crisis
If you’re one of the many employers who depends on immigrant labor then the Covid-19 crisis may have brought you new concerns and challenges. You can send a citizen employee to work from home with no further action. Sending an immigrant employee home or hiring a remote, immigrant worker may require additional paperwork. There are…
Read MoreAdditional 30,000 H-2B Visas to be Made Available for the Remainder of FY2019
The Department of Homeland Security will release an additional 30,000 H-2B visas for returning seasonal workers who previously worked in the U.S. during one of the last three fiscal years (2016, 2017 and 2018). On May 6, 2019, DHS announced that a joint DHS/DOL temporary rule increasing the H-2B cap would be published in the…
Read MoreChallenging Credible Fear Interview and Bond Hearing Delays
Asylum seekers detained after entering the United States are entitled to prompt and fair credible fear interviews and, for those found to have credible asylum claims, bond hearings. The case Padilla v. ICE, No. 2:18-cv-928 MJP (W.D. Wash. filed June 25, 2018) challenges the punitive practice of keeping asylum seekers in custody for weeks or…
Read MoreFiling Subsequent L-1 Petitions for Canadian Applicants at Ports of Entry
Multiple reports have been received from AILA (American Immigration Lawyers Association) members that certain ports of entry (POE) along the Canadian border are refusing to process petitions for readmission in L-1 status that are presented by Canadians pursuant to the North American Free Trade Agreement (NAFTA). Several locations have implemented the new CBP policy of…
Read MoreUSCIS Publishes a Revised Form I-539 and New Form I-539A
Beginning March 11, 2019, USCIS will only accept the revised version of Form I-539 Application to Extend/Change Nonimmigrant Status with edition date 02/04/2019. The revised version was published on the USCIS website as of March 11, 2019. USCIS will reject any Form I-539 with an edition date of 12/23/16, or earlier, that is received by…
Read MoreUSCIS Resumes Premium Processing for All H-1B Petitions
USCIS announced it will resume premium processing on Tuesday, March 12, for all H-1B petitions. This means that for an additional fee of $1,410, USCIS will guarantee a 15-calendar day processing time. Normally, it takes between 3 and 5 months for USCIS to process work visas. If you received a request for evidence (RFE) for…
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