News Updates

H-1B Cap Update: Premium Processing Cases

18:48 14 April in News Updates

USCIS Confirms that Petitions filed via Premium Processing will be adjudicated beginning April 27, 2015. As we noted in our April 13th Update, U.S. Citizenship and Immigration Services (USCIS) is in the process of sending Receipt Notices for H-1B petitions selected in the H-1B cap lottery filed via regular and premium processing. We are forwarding these Receipt Notices to clients as we receive them from USCIS. Previously on March 12th, USCIS announced that they would begin premium processing for H-1B cap cases no later than May 11, 2015. Today, USCIS issued a Press Release clarifying that beginning April 27, 2015, it will...

H-1B Cap Update: 233,000 Petitions Received in First Week

18:46 14 April in News Updates

USCIS Announces approximately 233,000 Cap Subject H-1B Petitions were received in the first week filing was permitted. Lottery Completed. Cases selected in the lottery: LAC will forward the receipt notice for any petitions selected in the lottery to the employee (via the employer) as soon as it is received. Cases not selected in the lottery: H-1B petitions that are not selected in the lottery will be returned to counsel with the government filing fees. We will notify impacted clients upon receipt of the returned petitions, and promptly refund the USCIS filing fees to the employer. Timeline for lottery notifications: USCIS has not provided...

FY2016 H-1B Cap Reached; USCIS Will Conduct Lottery

09:38 09 April in News Updates

As expected, the FY2016 H-1B Cap has been reached in the first week filings were permitted. USCIS will conduct a lottery for all petitions received from Wednesday, April 1 through Tuesday, April 7. Please note that any cases received at USCIS by close of business April 7 will be included in the lottery. Cases selected in the lottery: LAC will forward the receipt notice for any petitions selected in the lottery to the employee (via the employer) as soon as it is received. Cases not selected in the lottery: USCIS will return all H-1B petitions that are not selected in the lottery to counsel, with the...

Immigrant Visas: Priority Dates and Predictions of Future Visa Availability

14:59 20 March 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 Visa Bulletin for April 2015 has been released and contains some important developments pertaining to EB-2/EB-3 China, EB-5 China, EB-2 India and EB-3 Worldwide, Mexico and Philippines. WHAT IS A PRIORITY DATE? PRIORITY DATES/ IMMIGRANT VISA AVAILABILITY AS OF APRIL 1, 2015: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-april-2015.html PREDICTIONS OF FUTURE VISA AVAILABILITY Courtesy of the American Immigration Lawyers Association (AILA). AILA InfoNet Doc. No. 14071401 (posted March 18, 2015). The information below is based...

L-1B Denial Rates Continue to Increase – 2014 Statistics

13:58 20 March in News Updates

L-1B Denial Rates Continue to Increase The L-1B category is reserved for intracompany transfers who have specialized knowledge. "Intracompany" refers to individuals transferring from a qualifying company abroad to work temporarily for a related company in the U.S. Although there has been no change in the law or official change in policy, for several years now we have seen a significant increase in the rate of Requests for Additional Evidence (RFE) and Denials in L-1B cases filed with the U.S. Citizenship and Immigration Services (USCIS). Excessive and burdensome requests for additional evidence, some unreasonable denials, and an endemic pattern of inconsistency in...

What to Look for When Selecting Outside Immigration Counsel

17:25 09 March in LAC Blog

Those who vet outside counsel look at a variety of factors in the selection process, such as competence, cost and reputation. Beyond this, companies want counsel that understands the needs specific to their industry, will be proactive, and will act as a trusted partner with the best interests of the company in mind. Below are tips on how to assess these factors specific to the field of immigration law. Expertise Substantive competence in the field is often assumed if an attorney is licensed and indicates they have a certain number of years of experience practicing in the field. While a starting point, we...

USCIS to Begin Accepting H-4 EAD Applications 5/26/15

21:39 24 February in News Updates

The long-anticipated regulation allowing certain individuals in H-4 status to apply for an EAD (Employment Authorization Document) will be published in the Federal Register tomorrow. It will allow for eligible individuals to apply for an EAD on or after May 26, 2015. Please see the attached FAQ for additional information: https://www.larrabee.com/wp-content/uploads/2015/02/H4EADFAQ.pdf For the USCIS Press Release, please see: http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence <-- Back to News Updates...

Employment Authorization Documents delayed at USCIS

21:33 24 February in News Updates

The below information is important to any: • Human resources representative; • Manager of an employee working pursuant an EAD; • Foreign national currently working pursuant to an EAD; and • Foreign national seeking employment and planning to use a pending EAD in the near future for work authorization purposes. Background A person can be eligible for an EAD card based on a variety of statuses, such as being an applicant for Adjustment of Status, an F-1 student on Optional Practical Training, and the spouse of those who hold E-1/ E-2/ E-3, J-1, or L-1 status. In some visa categories, by regulation the timely...