A merger or acquisition in the works means not only needing to determine whether any acquired foreign nationals (including key employees) will be able to transfer seamlessly into the new entity, but also what to do about compliance with the Form I-9 Employment Eligibility Verification. Please read our full story here.
Otieno B. Ombok
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Challenge to DHS Authority to Issue STEM OPT Extension Rule May Proceed, Court Rules
By Otieno B. Ombok on
The plaintiffs may continue their challenge to the DHS’ authority to establish both STEM Optional Practical Training (OPT) and standard post-completion OPT, the District Court in Washington Alliance of Technology Workers v. DHS held on July 1, 2019.
The Washington Alliance of Technology Workers (WashTech) has been fighting for practical training for students on various…
Administration Ups Data Collection and General Surveillance
By Otieno B. Ombok on
The Trump Administration has been stepping up the collection of data in general and more specifically from visa applicants and travelers.
Here are a few new policies:
New Legislation Offered to Extend and Expand Conrad 30 Waiver Program
By Otieno B. Ombok & Forrest G. Read IV on
Since at least 2013, there have been efforts to make the Conrad 30 J-1 visa waiver program for physicians permanent. But that has not happened and it continues to be necessary to reauthorize the program every year. This year, Senators Amy Klobuchar (D-MN), Susan Collins (R-ME), Jacky Rosen (D-NV), Angus King (I-ME) and Charles Grassley…
Enforcement Activity Surges in FY 2018, ICE Reports
By Otieno B. Ombok on
ICE has had no official Director since June 2018, when Thomas Homan left the post, but that has not slowed down its worksite and other enforcement activities, according to the agency’s latest fiscal year report (FY 2018 covers October 1, 2017, through September 30, 2018).
Acting Director Ronald D. Vitiello’s nomination has been stalled in…
Insights: How to Prepare for Rescission of H-4 Employment Program
By Otieno B. Ombok on
The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions to its proposal to eliminate H-4 EADs. In its Spring 2018 Regulatory Agenda, DHS announced the…
USCIS Introduces Onsite Training Restriction on Staffing Agencies Hiring OPT STEM Students
By Otieno B. Ombok on
The 2016 STEM regulations made it more difficult for staffing agencies and consulting companies to sponsor graduating F-1 OPT employees for the two-year STEM OPT extension. According to the regulations, the training plan must be signed by the entity that has a bona fide employment relationship with the student and the bona fide employer must…
New USCIS Guidance Clarifies Requirements for H-1B Petitions Involving Third-Party Worksites
By Otieno B. Ombok on
Further to President Donald Trump’s Buy American and Hire American executive order, which directs the DHS to protect the interests of U.S. workers and make sure that there is no fraud, abuse, or circumvention of the laws, USCIS has issued a new policy memorandum, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites.”
The…
Insights: AOS Interviews Begin
By Otieno B. Ombok & Marko C. Maglich on
The USCIS has started conducting in-person interviews for all employment-based adjustment of status (AOS) applicants whose applications were filed on or after March 6, 2017. The AOS will not be approved until after a “successful” interview.
Although there is no formal guidance as yet, there have been some reports on what to expect.
The Process…
Gear Up for H-1B, L-1 Reforms
By Otieno B. Ombok on
Aiming to reform and reduce fraud and abuse in the H-1B and L-1 visa programs, bipartisan bills have been introduced in both Houses of the Congress. Outsourcers are the top users of H-1B visas. These companies are known to flood the H-1B visa lottery and make it more difficult for other companies to obtain the…