Long USCIS processing delays are now the norm for all types of immigration cases. Indeed, the delays have reached crisis levels. Processing times increased by 46% over the past two fiscal years and 91% since FY 2014. In fact, even though applications declined by 17% in FY 2018, processing times continued to rise. In some … Continue Reading
The North American Free Trade Agreement (NAFTA) signed in 1992 was meant to make North America more competitive in the global economy by reducing trade barriers and increasing business development among the U.S., Canada and Mexico. It essentially created a free-trade zone, but always faced criticism. Opponents believed and have argued, among other things, that … Continue Reading
The FY 2020 H-1B cap cases have been filed and 85,000 will be selected for adjudication. “Winning the lottery” is no longer considered the biggest hurdle, however. Back in FY 2005, about 95% of all selected cases were approved and only about 22.3% received Requests for Evidence (RFEs). Recent USCIS statistics show that by FY … Continue Reading
As the start of the H-1B cap season approaches, USCIS has clarified that not all of this year’s cap cases can be premium processed. Despite its notice on March 12, USCIS has announced that only cap-subject H-1B petitions requesting a change of status may request premium processing concurrently with the H-1B filing. But the agency … Continue Reading
Traveling to the U.S. to give birth to a U.S.-citizen child, or birth tourism, is not a new industry. In January 2018, DHS raided 20 “maternity hotels” in Los Angeles suspected of housing “birth tourism” operations. A neighbor who lived near one of the apartment buildings reported that “a forklift delivered an excessive quantity of … Continue Reading
Canada has been having success in attracting more high-tech companies and employees from the United States. This trend began in 2008, when such companies in the U.S. could not obtain the number of H-1B visas they needed due to the limited number available. Microsoft opened a development office in Vancouver at that time. Since then, … Continue Reading
While employers and immigration attorneys are preparing for the H-1B Cap Season, DHS has posted its Final Rule for a More Effective and Efficient H-1B Visa Program. The new rule will be published in the Federal Register on January 31, 2019. As expected, the new rule provides for an electronic pre-registration requirement and reverses the order … Continue Reading
Social Security Administration (SSA) has begun notifying employers that the information reported on an individual employee’s W-2 form does not match the SSA’s records with “Request for Employer Information” letters, known as “No-Match” letters. SSA started sending these controversial informational requests in 1993, but the practice has waxed and waned in part due to litigation. … Continue Reading
The Department of Homeland Security has published a much-anticipated notice of proposed rulemaking affecting the H-1B visa process. Public comments must be submitted by January 2, 2019. DHS proposes: Adding a free electronic pre-registration process; and Changing the random selection process in a way that would likely benefit holders of U.S. master’s degrees. The pre-registration … Continue Reading
The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program. Many of these changes have been proposed before, but have not yet made it to the rulemaking stage. Among what to expect are the following: USCIS is planning to release a notice of proposed rulemaking to create a … Continue Reading
While the Trump Administration is making it more difficult and less attractive for entrepreneurs to start their businesses in the United States (in the name of “Buy American and Hire American”), other countries are rolling out the welcome mat to entrepreneurs. In May 2018, the Administration proposed a rule to remove President Obama’s International Entrepreneur … Continue Reading
