News Updates

Restrictions on California Notaries Completing Form I-9

18:09 14 August in News Updates

Restrictions on California Notaries Completing Form I-9 U.S. employers are required by law to verify the identity and employment authorization of each individual they hire after November 6, 1986 by completing Form I-9, Employment Eligibility Verification. The employee must complete Section 1 of Form I-9 attesting that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States. The employee must present documentation to the employer establishing identity and employment authorization by choosing from the documents listed on the "Lists of Acceptable Documents." The employer is obligated, after physically examining the...

Current DOL Policies and the Challenges of the Prevailing Wage

15:03 11 August in News Updates

We have been seeing many of our clients struggle with the prevailing wage requirement which applies to both nonimmigrant categories and to the green card process. This is largely due to the U.S. Department of Labor's (DOL) current policies surrounding this area. H-1B, H-1B1 and E-3 Nonimmigrant Categories and the Labor Condition Application (LCA) The employer is required to pay the foreign national employee a base salary which is at least the prevailing wage or the actual wage [i] (whichever is higher). In the nonimmigrant context, the wage the employer is required to pay the foreign national employee is certified by the...

Immigrant Visas: August 2015 Priority Dates and Predictions of Future Visa Availability

14:59 11 August in News Updates

IMMIGRANT VISAS  PRIORITY DATES AND PREDICTIONS OF FUTURE VISA AVAILABILITY   Each month, the U.S. Department of State publishes its Visa Bulletin, in which it establishes cut-off dates in each immigration category, for each nationality.  The recently released Visa Bulletin for August 2015 shows a minor advancement of the cut-off date for EB-2 China, while EB-3 China is hit with a 7 year retrogression.     WHAT IS A PRIORITY DATE?                             PRIORITY DATES/ IMMIGRANT VISA AVAILABILITY AS OF AUGUST 1, 2015: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-august-2015.html   PREDICTIONS OF FUTURE VISA AVAILABILITY  Courtesy of the American Immigration Lawyers Association (AILA).  AILA InfoNet Doc. No. 14071401 (posted July 14, 2015).  The information below is based on...

USCIS Resumes Premium Processing for H-1B Extensions

15:21 15 July in News Updates

USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions On July 13, 2015 U.S. Citizenship and Immigration Services (“USCIS”) announced that it will resume accepting Premium Processing requests for H-1B extensions and H-1B change of employer petitions which include a request for extension of status, effective immediately. USCIS had suspended premium processing for the above petitions from May 26, 2015 to July 27, 2015 to address the additional workload created by the new H-4 EAD filings.  However, the agency reports that it monitored its workloads and has determined it can resume accepting premium requests earlier than anticipated. Please note that a premium...

6/25/15 UPDATE re: Technical problems with U.S. Passport and Visa Issuance

20:24 26 June in News Updates

Dept. of State technical problems with U.S. passport and visa issuance Closer to resolution worldwide Status as of June 25, 2015 -- The Bureau of Consular Affairs reports that 165 posts, representing more than 85 percent of our nonimmigrant visa demand worldwide, are now online and issuing visas. Posts overseas issued more than 82,000 visas on June 24. -- Posts overseas have issued more than 238,000 non-immigrant visas this week. For context, if systems had been operating normally, posts would have issued approximately 540,000 visas since the outage started. -- The Bureau of Consular Affairs will continue to bring additional posts online until connectivity with...

Immigrant Visas: July 2015 Priority Dates and Predictions of Future Visa Availability

18:08 25 June in News Updates

IMMIGRANT VISAS PRIORITY DATES AND PREDICTIONS OF FUTURE VISA AVAILABILITY Each month, the U.S. Department of State publishes its Visa Bulletin, in which it establishes cut-off dates in each immigration category, for each nationality. The recently released Visa Bulletin for July 2015 shows steady advancements in family-based preference categories, while many employment-based categories slow their advancement or remain unchanged. WHAT IS A PRIORITY DATE? PRIORITY DATES/ IMMIGRANT VISA AVAILABILITY AS OF July 1, 2015: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-july-2015.html PREDICTIONS OF FUTURE VISA AVAILABILITY Courtesy of the American Immigration Lawyers Association (AILA). AILA InfoNet Doc. No. 14071401 (posted June 16, 2015). The information below is based on the discussion...