News Updates

Merger and Compliance Issues: How to Ensure Success Post-Filing

03:28 05 September in LAC Blog

If the downturn in the economy has taught us anything, it is that changes in the corporate landscape are inevitable. Corporate mergers and acquisitions are more prevalent now than in years past. Immigration practitioners need to understand the immigration consequences of such mergers and acquistions for our corporate clients and their foreign national employees. This practice pointer will address the complex issues that arise in connection with the Program Electronic Review Management (PERM) labor certification process when there is a corporate merger or acquisition. Timing is everything: Point of Analysis and Advice for the Different Stages of the PERM Filing Process When the...

It Ain’t Over till BALCA Sings: Carrying Your PERM Through the Final Act of Appellate Review

03:19 05 September in LAC Blog

Many immigration practitioners have been there - the day the certifying officer (CO) at the U.S. Department of Labor (DOL) thrusts an unexpected obstacle in the dramatic saga we've all come to know as Program Electronic Review Management (PERM). The CO has denied PERM application, and prospects for certification post-denial look grim. (1) The denial might be due to any variety of factors, such as typographical error on the ETA From 9089, the CO's misinterpretation of a given regulatory provision, or nothing more than DOL's adjudication trends based on evolving interpretations of the regulations. No matter the reason for the...

An L-1 Survival Kit – Tips and Strategies in Today’s Environment

02:54 05 September in LAC Blog

L-1B Adjudications: Wasn't the L-1 Created to Encourage Foreign Investment in the United States? The U.S. government continues to contradict itself when it comes to immigration and foreign investment in the United States. Although there are visa categories available to entrepreneurs, investors and their employees and the federal government is focusing on driving investment in the US to increase job creation; [1] there continues to be security delays, institutional fear of fraud and abuse as well as protectionist tendencies that make it increasingly difficult for foreign companies to operate in the United States. SelectUSA, a part of the U.S. Department of Commerce,...

Managing Intermittent Foreign Employees in the I-9 Context

03:21 06 August in LAC Blog

Author: Claudia Martorell    As business operations become more global in scope, it has become increasingly common for U.S. companies to sponsor foreign nationals for intermittent employment in the U.S.  Such assignments may occur in regular intervals or more sporadically, and may vary in duration from days, to weeks, to months.  Intermittent employees may be assigned to work off-site and may, depending on visa classification, be able to remain on a foreign payroll while working in the U.S.  The nature of intermittent employment can make it very difficult for the U.S. petitioner to keep track of individuals’ presence in the U.S.,...

Consular Database Outage Impacts U.S. Passport and Visa Issuance

01:58 06 August in News Updates

The Department of State Bureau of Consular Affairs is currently experiencing technical problems with their passport/visa system.  Per the Department: This issue is worldwide and is not specific to any particular country, citizenship document, or visa category. We apologize to applicants who are experiencing delays or are unable to obtain a passport, Consular Report of Birth Abroad, or visa at this time. We are working urgently to correct the problem and expect our system to be fully operational again soon. We are hopeful this will be a very temporary issue.  However, even a short shutdown is likely to increase backlogs for visa...

U.S. Consulates In Canada Temporarily Suspend TCN Visa Processing

01:47 06 August in News Updates

This bulletin applies to: (1)   Individuals who are in the U.S. in a non-immigrant visa status (for example, H-1B, L-1, TN);   and (2) Are NOT Canadian citizens or Canadian Landed Immigrants;   and (3) Want to obtain a visa stamp at one of the U.S. Consular posts in Canada this summer.  If the above applies to you, please note the following: ADVISORY --    The U.S. Consular Posts in Canada will temporarily suspend third country national (TCN) processing during the peak demand period of June, July, and August 2014.  TCN applicants with appointments already scheduled at a post in Canada during these months will not be affected.   ...

Proposed USCIS Rules: Work for Dependent Spouses, Expanded Opportunities

01:43 06 August in News Updates

The United States Citizenship and Immigration Services (USCIS) published new notices of proposed rulemaking in the Federal Register.  The proposed rules address the ability of H-4 dependent spouses to work in the U.S., as well as formally recognize the E-3 and H-1B1 visa classifications, especially with respect to the ability to continue to work while an extension of status is pending with USCIS.  Comments to the proposed rules are due by July 11th.  The publication of a final rule could take some time depending on the time that USCIS will take to review the comments and issue a final rule. Work...

Online Case Management System New Feature

01:39 06 August in News Updates

Larrabee Albi Coker LLP (LAC) is pleased to announce a new feature of our online case management system that we hope will make your management of the immigration process a little bit easier.  Our online case management system now permits the direct upload of documents.   This feature will enable foreign nationals to share documents with our firm that have been requested for an immigration case and it will also allow our firm to share important immigration documents with our clients. Foreign National Use of Document Upload Feature With every immigration case, our firm requests information and documentation from the foreign national employee. ...

USCIS Completes Its H-1B Cap Selection Process

01:36 06 August in News Updates

USCIS COMPLETES ITS H-1B CAP SELECTION PROCESS THIS NOTICE MAY BE RELEVANT TO COMPANIES WHO HAVE FILED H-1B CAP PETITIONS AND FOREIGN NATIONALS WHO HAVE HAD AN H-1B CAP PETITION FILED TO SPONSOR THEM FOR H-1B STATUS EFFECTIVE OCTOBER 1, 2014 The United States Citizenship and Immigration Service (USCIS) has announced that they have completed their data entry of all Fiscal Year 2015 (October 1, 2014 - September 30, 2015) H-1B cap petitions. USCIS will now begin returning all H-1B cap petitions that were not selected in the lottery. We will continue to monitor all of the H-1B cap petitions we submitted to...

USCIS Not Extending Validity Dates of Medical Examination Reports

01:33 06 August in News Updates

USCIS NOT EXTENDING VALIDITY DATES OF MEDICAL EXAMINATION REPORTS FOR PENDING I-485 ADJUSTMENT OF STATUS APPLICATIONS THIS ARTICLE MAY BE RELEVANT TO THOSE WHO HAVE FILED AN I-485 APPLICATION TO ADJUST STATUS TO THAT OF A LAWFUL PERMANENT RESIDENT OF THE U.S. The United States Citizenship and Immigration Services (USCIS) is in the process of sending out Requests for Evidence (RFEs) for certain I-485 Applications to Adjust Status to U.S. Permanent Resident (I-485) which appear to be ready for adjudication.  The RFEs request that applicants submit a new Form I-693, Report of Medical Examination and Vaccination Record. Technically, the results of the medical...