News Updates

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

01:47 06 August in News Updates by Larrabee

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 by Larrabee

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 by Larrabee

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 by Larrabee

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 by Larrabee

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...

California Raises I-9 Issues

01:27 06 August in News Updates by Larrabee

California has a new law that provides California workers with expanded protections against adverse employment actions.  Specifically, this new law applies in situations where individuals are seeking to change their personal information, i.e. they have a new identity or Social Security Number, etc.  Assembly Bill No. 263 changed the Labor Code to add the following provision: An employer may not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee because the employee updates or attempts to update his or her personal information, unless the changes are directly related to the skill set, qualifications,...

Immigrant Visa Priority Dates and Availability Predictions

01:03 06 August in News Updates by Larrabee

U.S. Department of State Visa Office Update on Priority Dates and Demand This portion of the update is courtesy of the American Immigration Lawyers Association (AILA), and AILA members Michael Nowlan and Roberta Freeman.   AILA InfoNet Doc. No. 12012349 (posted April 28, 2014).  Highlighting in red added by LAC. On Monday April 21, 2014 Mr. Charlie Oppenheim of the Department of State's Visa Office (VO) spoke to AILA members Roberta Freedman and Michael Nowlan regarding what his office is currently seeing with regard to visa demand and what might be expected in terms of Visa Bulletin movement at this time. Below are...

Premium Processing H-1B Petitions will be Adjudicated

20:17 05 August in News Updates by Larrabee

USCIS Confirms that Petitions filed via Premium Processing will be adjudicated beginning April 28, 2014. As we noted in our April 10th 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. On March 25th, USCIS announced that they would begin premium processing for H-1B cap cases no later than April 28th.  Today, USCIS issued a Press Release clarifying that beginning April 28, 2014, it will start adjudicating...

The FY2015 H-1B Cap has been reached

20:11 05 August in News Updates by Larrabee

The FY2015 H-1B Cap has been reached and a lottery will be conducted for all petitions received at USCIS from Tuesday, April 1 through Monday, April 7. Please note that any cases received at USCIS by close of business today 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:  H-1B petitions that are not selected in the lottery will be returned to counsel with the government filing fees. We will notify...

UPDATE: Fiscal Year 2015 H-1B Quota

20:04 05 August in News Updates by Larrabee

The filing window for H-1B petitions subject to the fiscal year (FY) 2014 numerical cap will open on Tuesday, April 1, 2014.   The earliest start date of employment pursuant to these H-1Bs will be October 1, 2014. The visa numbers available remain unchanged: Regular/Bachelor's Cap:    68,000, with 6,800 reserved for applicants from Chile and Singapore pursuant to trade agreements with those countries. Master's Cap:   20,0000 for individuals who hold advanced degrees (Master's or higher) from a U.S. university. H-1B Lottery USCIS has announced that it anticipates it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals...