The Department of Labor’s Office of Inspector General (OIG) recently found that the Employment and Training Administration’s (ETA) lack of controls over the H-2B applications process has jeopardized businesses that depend on H-2B workers. The OIG investigated this issue after members of Congress expressed concerns over reported delays in the H-2B application process, which allows… Read more »
F-1 ‘Cap-Gap’ Status, Work Authorization Extension No Longer Valid as of October 1 U.S. Citizenship and Immigration Services (USCIS) issued an alert on September 28, 2018, reminding F-1 students who have an H-1B petition that remained pending on October 1, 2018, that they risk accruing unlawful presence if they continue to work on or after… Read more »
President Trump Signs ‘KIWI Act’ With New Zealand on Nonimmigrant Treaty Traders/Investors The Knowledgeable Innovators and Worthy Investors (KIWI) Act was signed into law on August 1, 2018. The KIWI Act will allow eligible New Zealand nationals to enter the United States as nonimmigrant traders and investors provided New Zealand grants reciprocal treatment to U.S…. Read more »
U.S. Citizenship and Immigration Services (USCIS) has begun accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request. A consultation letter from a U.S. peer group, labor organization, and/or management organization is generally required for petitions in the O visa classification. USCIS explained that… Read more »
U.S. Citizenship and Immigration Services (USCIS) announced on August 28, 2018, that it is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning September 11, 2018, will expand this temporary suspension to include certain additional H-1B petitions. USCIS said it estimates that these suspensions will last until February 19,… Read more »
self U.S. Citizenship and Immigration Services (USCIS) issued a memorandum on August 24, 2018, announcing that it is updating guidance in the USCIS Policy Manual regarding a regional center’s geographic area, requests to expand the geographic area, and how such requests affect the filing of Form I-526, Immigrant Petition by Alien Entrepreneur. USCIS said the… Read more »
self The Department of Homeland Security (DHS) has extended the temporary protected status (TPS) designation for Yemen for 18 months, through March 3, 2020, due to “ongoing armed conflict and extraordinary and temporary conditions.” Individuals from Yemen with TPS will be eligible to re-register for an extension of their status through March 3, 2020. Before… Read more »
self DHS Issues Final Rule Eliminating Nonimmigrant Visa Exemption for Certain Caribbean Residents Coming to United States as H-2A Agricultural Workers The Department of Homeland Security (DHS) issued a final rule on July 6, 2018, that eliminates the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the United States as H–2A agricultural… Read more »
self On June 26, 2018, the U.S. Supreme Court upheld, by a 5-4 vote, the Trump administration’s third travel ban order under Presidential Proclamation 9645, issued September 24, 2017. The ban prevents indefinitely the entry into the United States of certain nationals from specific countries, with some exceptions. A Department of Homeland Security (DHS) fact… Read more »
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