The Labor Condition Application (LCA) Form, ETA 9035, is a required form for non-immigrant visa categories including the H-1B, H-1B1 (Chile/Singapore) and E-3 (Australia). Pursuant to The Department of Labor’s plans to better protect American workers, confront fraud, and increase transparency, a new version of the LCA form took effect on Nov. 19, 2018. This
Travel Update: Refugee Admissions to Resume with Trump Executive Order
President Trump signed a new Executive Order (EO) on Tuesday, the same day as the last travel ban’s provision against refugee admissions was due to expire. The EO allows refugees to travel into the U.S. and the Department of Homeland Security to process refugee applications. The Trump Administration had previously blocked refugee travel through an
New Trump Administration Policy in Support of Buy American, Hire American Toughens Visa Extension Process
For over a decade, filing an extension of nonimmigrant status in visa categories such as the H-1B was a fairly routine process for cases involving the same employer and same underlying facts. This changed yesterday. As part of the Trump Administration’s Buy American, Hire American: Putting American Workers First initiative, USCIS rescinded a long-standing policy
TPS Extension for Somalia
By notice published in the Federal Register on Jan. 17, 2017, the Department of Homeland Security (DHS) announced that it will extend the Temporary Protected Status (TPS) for nationals of Somalia (and for individuals without nationality who last habitually resided in Somalia) for an 18-month period from March 18, 2017, through Sept. 17, 2018. Those
Proposed Changes to Form I-9
Federal law requires employers to verify the identity and employment authorization of each person they hire, complete and retain a Form I-9 (Employment Eligibility Verification) for each employee, and avoid discriminating against individuals on the basis of national origin or citizenship. On March 28, 2016, USCIS published a notice in the Federal Register to notify
Adjudication of Employment-Based Adjustment of Status Applications Halted through September
The Department of State has determined that all employment-based (EB) preference categories have been reached for Fiscal Year 2015. What does this mean? Starting today through September 30, 2015, USCIS will not process any final adjudications for already filed EB I-485 Applications until October 1, 2015 when Fiscal Year 2016 begins. Although final adjudications are
Act Now: The Department of Labor may experience a shutdown on 10/1/2015
Although Congress continues to discuss the Fiscal Year 2016 budget, if an agreement is not reached or continuing resolution passed, the Department of Labor (DOL) will experience a shut down as of October 1, 2015. Should this happen, both the iCERT and PERM online filing systems will not accept applications and users will no longer
California Event Design and Production Company Fined $605,000 for Over 800 I-9 Violations
Earlier this month, an Administrative Law Judge (ALJ) for OCAHO ordered Hartmann Studios, Inc., an event design and production company based in Richmond, California to pay civil money penalties totaling $605,250 based on 808 I-9 paperwork violations. The vast majority of violations involved the company’s failure to sign section 2 of the I-9 forms. The Conclusion noted, “OCAHO case law has emphasized that penalties should have a deterrent effect on an employer’s behavior and not merely be the cost of doing business.”
Continue Reading California Event Design and Production Company Fined $605,000 for Over 800 I-9 Violations
National Visa Center Provides Updates on Internal Processing
The National Visa Center (NVC), in operation now for 20 years, is the U.S. Department of State agency responsible for pre-processing approved immigrant visas that include immigration based on: family and employment sponsorship, diversity visas and special immigrant visas. This month, the NVC met with the American Immigrant Lawyer’s Association and provided insight into its increased processing times, announced Fiscal Year statistics, and reported expected changes in 2015.
The NVC noted that during this year it started to receive 25,000 immigrant cases per week as opposed to roughly 8,000 cases as a result of USCIS working through its I-130, Immigrant Petition for Alien Relative application backlog. Due to this increase in volume, timing for case creation and document review increased, which is being addressed through staff adjustments. The NVC provided statistics for Fiscal Year 2014 including: it received 709,000 cases from USCIS, shipped 349,000 cases to various Consular Posts worldwide, and received 1.6 million calls. With respect to future changes, the NVC reported that early in 2015 it will start handling telephone inquiries regarding non-immigrant visa cases.Continue Reading National Visa Center Provides Updates on Internal Processing
Chile added to the list of eligible Visa Waiver Program countries
On March 31, 2014 the Department of Homeland Security (DHS) designated Chile as a country eligible to participate in the Visa Waiver Program (VWP) making the total number of designated countries 38. Eligible Chilean passport holders with both an approved Electronic System for Travel Authorization (ESTA) and an e-passport will be able to visit the United States without nonimmigrant visitor visas starting May 1, 2014. Chileans who are interested in this program, may visit: http://chile.usembassy.gov/vwp.html.Continue Reading Chile added to the list of eligible Visa Waiver Program countries