In 2012, then-President Barack Obama signed legislation allowing nationals of Israel to apply for E-2 treaty investor status, but benefit would not be available until Israel provided similar status to U.S. nationals. In March 2014, the Israeli government passed such a bill creating B-5 status for American investors. Further enabling regulations were necessary, however, because
USCIS-DOJ Memorandum of Understanding Means Employers Can Expect Enforcement Action Increase
USCIS and the Department of Justice are teaming up and collaborating to “better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States.” They have entered into a Memorandum of Understanding (MOU) that will increase their ability to share information about cases and training and make referrals.
Last …
Requirements for H-1B Petitions Involving Third-Party Worksites Are Unlawful, Lawsuit Alleges
USCIS has exceeded its authority in issuing additional requirements on H-1B petitions involving third-party worksites, a suit filed in New Jersey seeking a temporary restraining order alleges.
Just before the 2019 H-1B filing deadline, USCIS issued a memorandum clarifying that petitioners who send employees to third-party worksites must provide significantly more evidence to show that…
Major Change in USCIS Policy on Accrued Unlawful Presence Likely to Impact F, M and J Status Holders
USCIS has posted a policy memorandum that will radically change current policy for students and exchange visitors. The policy makes it much more likely that those in F, M or J status will find themselves accruing unlawful presence and becoming subject to three and ten-year bars to admission.
Under current policy there is a distinction…
USCIS Releases Improvements to E-Verify System
After gathering feedback and extensive testing, USCIS has unveiled an updated and modernized E-Verify system to improve the user experience, efficiency, and reduce errors.
Enhanced features include:
- Expanded helper text and visuals;
- Real-time feedback on errors;
- Auto-scroll feature that takes the user to the next section;
- Streamlined case creation and case closure;
- Modernization to reduce
…
USCIS Introduces Onsite Training Restriction on Staffing Agencies Hiring OPT STEM Students
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…
USCIS Announces FY 2019 H-1B Cap Reached, Total Down Slightly
USCIS received 190,098 H-1B petitions during the first week of April. The cap has been reached every year for the past six years but the total is down from last year’s total of 199,000. The Service conducted its computer-generated random selection process on April 11th. In line with its usual practice, USCIS conducted…
USCIS Reaches FY 2019 H-1B Cap in First Week of April
On April 6, 2018, USCIS announced that it reached the 65,000 H-1B visa cap for FY 2019, including the 20,000 U.S. advanced degree exemption known as the “master’s cap.” Every year since 2014, the cap has been reached during the first week of April.
Once again, a lottery will be conducted and cases that are…
L Intracompany Transfers Pilot Program for Canadian Citizens
USCIS and CPB at the Blaine, Washington, Port of Entry (POE) have formally announced that from April 30, 2018, until October 31, 2018, the agencies jointly will implement a pilot program for Canadian citizens seeking entry in L status pursuant to NAFTA.
L-1 admission is for intracompany transfers into the U.S. of managers, executives, and …
Update on Deferred Enforced Departure for Liberians
Deferred Enforced Departure (DED) for Liberians will terminate on March 31, 2019.
USCIS has now published filing instructions in the Federal Register for those Liberians affected who wish to extend their employment authorization through the DED termination date. Employment authorization is automatically extended until September 30, 2018 for Liberian DED beneficiaries who have employment…