News Updates

FY2019 H-1B CAP UPDATE- No Procedural Changes Expected

22:05 29 January in News Updates by Larrabee

The American Immigration Lawyers Association (AILA) released a practice alert regarding the H-1B FY2019 Cap Season (AILA Doc. No. 18012505). USCIS Service Center Operations Directorate (SCOPS) confirmed it is not anticipating any procedural changes for the FY2019 H-1B cap season. USCIS intends to follow the same procedures that were used for the FY2018 H-1B season, which presumably would not include a pre-registration system. In addition, USCIS does not anticipate that premium processing will be suspended for non-cap H-1B petitions, though there may be a short suspension of premium processing for H-1B cap-subject petitions. <-- Back to News Updates...

IMPACT OF FEDERAL GOVERNMENT SHUTDOWN ON IMMIGRATION SERVICES

22:20 22 January in News Updates by Larrabee

At the time of this writing, as a result of the shutdown of the federal government certain federal government services have been temporarily reduced or closed down entirely. Immigration is primarily a federal function. However, whether and how immigration services will be impacted by the shutdown depends largely on the nature of each agency and the function it serves. It appears Congress may pass a stop-gap measure by the end of the day today. However, even that measure would only delay the congressional funding disputes by two and a half weeks, until February 8th. The bipartisan agreement presently on the table...

Importance of Reviewing I-94 Admission Records

22:34 17 January in News Updates by Larrabee

The I-94 Admissions Record provides nonimmigrants with proof that they have been lawfully admitted to the U.S. I-94s are issued or generated upon admission to the U.S.-- either electronically for travelers entering the U.S. by air or sea; or on paper for those entering by land. I-94s are also attached to approvals of petitions/ applications filed with USCIS to change or extend status from within the U.S. Note that the I-94 applies to nonimmigrants only. U.S. citizens and U.S. lawful permanent residents (green card holders) do not receive any type of I-94 document. Please note that the most recently issued I-94...

Larrabee Albi Coker LLP – Partnership Announcement

21:06 16 January in News Updates by Larrabee

Effective January 1, 2018, Ms. Martorell and Ms. Mullane joined the firm's partnership team. Each has been with the firm for over a decade, and they have made significant and valuable contributions to the firm and its clients over their years of service. We are excited to welcome Ms. Martorell and Ms. Mullane as the firm's newest partners and look forward to their continued commitment to providing our clients with quality legal representation. <-- Back to News Updates...

FY2019 H-1B CAP FILINGS – IMPORTANT CHANGES AND ADVISORIES

18:16 12 January in News Updates by Larrabee

FY2019 H-1B CAP FILINGS Trump Administration Proposes Changes in H-1B Lottery Procedures The filing window for H-1B petitions seeking a FY2019 (10/1/18 to 9/30/19) cap or quota number will open on Monday, April 2, 2018. That will be the first day USCIS will accept H-1B petitions for the 2019 H-1B cap. The start date of employment for approved petitions is October 1, 2018. The Trump Administration published its regulatory agenda priorities for 2018, which may result in changes to H-1B lottery procedures. At this time, it is unknown if the changes will apply to FY2019 H-1B cap filings. We anticipate an announcement in February...

Department of Homeland Security Reportedly Considering Changes to 7th Year H-1B Extension Rules — Just Kidding

23:31 09 January in News Updates by Larrabee

USCIS DENIES IT WAS CONSIDERING CHANGES TO 7TH YEAR H-1B EXTENSION RULES As we advised on Friday the Department of Homeland Security (DHS) was reportedly considering new regulations that would limit the ability of certain H-1B workers in the green card process to obtain an extension of their H-1B status beyond the usual six-year limit of authorized stay. Today McClatchy DC reported: "Under intense pressure from the business and technology communities, the Trump administration appears to be backing away from a policy change that could have forced foreign tech workers out of the country." USCIS, through its Chief of Media Relations, Jonathan Withington, responded that "'The agency is considering...

Immigration Audits and New Laws Impacting California Employers

22:06 09 January in News Updates by Larrabee

2018 Rings in Increases in Federal Immigration Audits and New Requirements for California Employers Increase in worksite immigration audits; sanctions against employers anticipated In October 2017 Acting Director of U.S. Immigration and Customs Enforcement (ICE) Thomas Homan announced the agency's plan to increase worksite immigration enforcement actions (I-9 Employment Eligibility Verification audits and worksite raids) by four to five times current levels in the next fiscal year. Mr. Homan warned that ICE will not only detain and remove undocumented workers, but will also prosecute the employers who hire them. Civil monetary penalties for I-9 violations nearly doubled Fines for I-9 paperwork violations nearly doubled last year,...

Department of Homeland Security Reportedly Considering Changes to 7th Year H-1B Extension Rules

21:43 05 January in News Updates by Larrabee

The Department of Homeland Security (DHS) is reportedly considering new regulations that would limit the ability of H-1B workers who are in the lawful permanent residence (LPR) process to obtain an extension of their H-1B status beyond the usual six-year limit of authorized stay. The reported proposal, which arises from President Trump's "Buy American, Hire American"; executive order, could impact thousands of H-1B workers and their families, many of whom have been waiting in line for a green card for years. What is the possible/ proposed change? The American Immigration Lawyers Association (AILA) has issued an excellent summary of the issue and rumored proposed changes. Why are H-1B extensions beyond the six years needed? For those unfamiliar...

The Future of H-4 EADs – Part II

18:48 05 January in News Updates by Larrabee

The Future of H-4 EADs Part II Back in April 2017, we first addressed the future of H-4 EADs. Below is an updated overview of the current status. Ongoing Litigation The litigation, Save Jobs USA v. DHS, initiated in April 2015 challenging the legality of the H-4 EAD regulation is still ongoing. On December 22, 2017, the Department of Homeland Security (DHS) asked the court to hold the case in abeyance until July 1, 2018 to permit the agency to begin the Notice of Proposed Rule Making with respect to revoking the H-4 EAD Rule in February 2018. Save Jobs USA also filed a...

Immigration Consequences of Marijuana Use for Green Card Holders and Nonimmigrants

22:31 04 January in News Updates by Larrabee

Immigration Consequences of Marijuana Use for Green Card Holders and Nonimmigrants As has been well-publicized, January 1, 2018 marked the initiation of the lawful retail sale of marijuana for recreational use in California. Business has been booming and is expected to continue: sales are projected to bring in $1 billion in tax revenue annually. Twenty-nine states and the District of Columbia have now enacted laws which legalize marijuana for medicinal purposes. Eight of those states, including California, Colorado, Washington, Oregon, Alaska, Massachusetts, Maine and Nevada, as well as the District of Columbia, have legalized marijuana for recreational use as well. Despite legalization in individual...