Wednesday, February 28, 2018
Monday, February 26, 2018
Sunday, February 25, 2018
Saturday, February 24, 2018
Friday, February 23, 2018
Thursday, February 22, 2018
USCIS Strengthens Protections to Combat H-1B Abuses Clarifies Policy on Requirements for Third-Party Worksite H-1B Petitions
From USCIS:
WASHINGTON—The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change. USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite.
In publishing this policy, USCIS clarifies existing regulatory requirements relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites. This policy memorandum makes clear that employers must provide contracts and itineraries for employees who will work at a third-party location.
The guidance, effective Feb. 22, 2018, explains that, in order for an H-1B petition involving a third-party worksite to be approved, the petitioner must show by a preponderance of evidence that, among other things:
When H-1B beneficiaries are placed at third-party worksites, petitioners must demonstrate that they have specific and non-speculative qualifying assignments in a specialty occupation for that beneficiary for the entire time requested on the petition. While an H-1B petition may be approved for up to three years, USCIS will, in its discretion, generally limit the approval period to the length of time demonstrated that the beneficiary will be placed in non-speculative work and during which the petitioner will maintain the requisite employer-employee relationship.
The updated policy guidance aligns with President Trump’s Buy American and Hire American Executive Order and the directive to protect the interests of U.S. workers. Employment-based petitioners who circumvent the worker protections outlined in the nation’s immigration laws not only injure U.S. workers (e.g., their wages and job opportunities), but also the foreign workers for whom they are petitioning.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook (/uscis).
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Tuesday, February 20, 2018
Friday, February 16, 2018
USCIS Finalizes Guidance on Signature Requirements - with limited exceptions, USCIS no longer accepts Power of Attorney signatures
From USCIS:
| WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) announced today that petitioners and applicants who seek immigration benefits must provide a valid signature on forms submitted to the agency. In an effort to protect and safeguard the nation’s immigration system and those who benefit from it, power of attorney signatures will no longer be accepted. If forms are filed by a corporation or other legal entity, they must be signed by an authorized person. The new policy is effective March 18, 2018. This final policy memorandum updates an interim memorandum that outlined the elements of a valid signature and permitted entities that filed petitions with USCIS to use the signature of an individual based on a power of attorney. Because of concerns about consistency and program integrity, USCIS reversed the interim memorandum’s policy on power of attorney signatures. The prohibition on power of attorney signatures does not affect signatures on behalf of individuals younger than age 14 or those with disabilities. The final memorandum makes additional changes such as providing that an authorized signatory must be employed by the petitioner and that USCIS may reject a form submitted with a faulty signature instead of offering the opportunity to fix the deficiency. USCIS will publish revised instructions for individual forms to clearly specify the applicable signature requirements. USCIS will also address requirements for electronic signatures in future guidance. For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook(/uscis). |
Petitioner Natz Age Out F-2? Rodriguez Tovar v. Sessions, No. 14-73376 (9th Cir. 2018)
https://law.justia.com/cases/federal/appellate-courts/ca9/14-73376/14-73376-2018-02-14.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2018-02-16-immigration-law-665b5e27bc&utm_content=text-case-read-more-5
Wednesday, February 14, 2018
Sunday, February 11, 2018
Saturday, February 10, 2018
Thursday, February 8, 2018
Wednesday, February 7, 2018
Surge in H-2B Petitions Possible for Second Half of FY 2018
From USCIS:
| The U.S. Department of Labor announced it will not begin releasing H-2B temporary labor certifications until Feb. 20, 2018, due to an unprecedented number of applications. As a result of this demand, USCIS may receive more H-2B nonimmigrant worker petitions than there are H-2B visas available in the second half of Fiscal Year 2018. USCIS is maintaining a flexible approach to this issue, which may include randomly selecting petitions received on the final receipt date to ensure that we allocate H-2B visas fairly and do not exceed the cap. More information will be forthcoming. For more information, see Cap Count for H-2B Nonimmigrants. |
Tuesday, February 6, 2018
Processing Change for Certain Form I-730 Petitions / USCIS is Strengthening Screening for Family Members Abroad Seeking to Join Refugees in the United States
From USCIS:
| Good Afternoon, We recently published the following two alerts in the "News" section of our website:
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Monday, February 5, 2018
Friday, February 2, 2018
Thursday, February 1, 2018
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