April 26, 2018. WASHINGTON. The Secretary of Homeland Security (DHS) Kirstjen M. Nielsen has determined that termination of the Temporary Protected Status (TPS) designation for Nepal. The TPS designation for Nepal will end on June 24, 2019 instead of June 24, 2018. It is advised those in TPS to seek other immigration benefits timely before TPS[Read More]
News & Alerts
AILA’s “Invisible Wall” Report Sheds Light on Trump Administration Policies to Restrict Legal Immigration
WASHINGTON, D.C. – The American Immigration Lawyers Association (AILA) today released a new report, “Deconstructing the Invisible Wall: How Policy Changes by the Trump Administration are Slowing and Restricting Legal Immigration.” Highlighted by real-life case examples, the report describes the broad array of immigration-related policy and procedural changes that have been implemented by the administration that[Read More]
Cap Gap Extension for F-1 student for whom H-1B was timely filed with start date of Oct. 1
There is a limit, or “cap,” on the number of individuals who can receive H-1B status every fiscal year. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. Regulations prohibit employers from filing H-1B petitions until six months before the date of actual need for the employee. This[Read More]
USCIS will accept quota-based H-1B petitions from April 2nd to 6th, 2018 and will temporarily suspend premium processing for Cap-subject petitions
Adhikari Law, Washington DC. Starting from April 2, 2018 through April 6th, 2018 USCIS will be accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. It will also temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This[Read More]
E-Verify new interface in late March: All E-Verify Cases With A Final Case Result Should Be Closed
Washington, D.C. On March 14, 2018 U.S. Citizenship and Immigration Services (USCIS) announced that E-Verify will transfer all case data to a new interface later this month. To assist in the transition USCIS required all open cases must reach a final case result and be closed. Open cases that have not been accessed for more than 365 days[Read More]
USCIS Policy Memo Provides Guidance on Contracts and Itinerary Requirements for H-1B Petitions
Washington, DC. USCIS has published a Policy Memo on Contracts and Itineraries Requirements for H-1B 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. USCIS clarifies existing regulatory requirements relating to H-1B petitions filed for workers who will be employed[Read More]
PLAN EARLY TO MEET FY 2019 H-1B NUMERICAL CAP TO FILE PETITION IN APRIL 2018
ADHIKARI LAW, Washington, DC. U.S. employers and H-1B beneficiaries should be aware that USCIS will begin accepting H-1B petitions on April 2, 2018 and through April 6th, 2018 under Fiscal Year (FY) 2019 numerical cap. If the petition is approved the H-1B beneficiary can start working on October 1, 2018 or earlier if he/she is[Read More]
E-Verify Requirement for NEW Federal Contractors and subcontractors
Federal contractors and subcontractors with the E-Verify Federal Acquisition Regulation (FAR) requirement must enroll in and use E-Verify. Beginning Jan. 5, 2018, new federal contractors and subcontractors with a FAR requirement must provide their Data Universal Numbering System (DUNS) during the E-Verify enrollment process. Existing E-Verify employers designated as federal contractors with a FAR requirement[Read More]
Impacts of Government Shutdown on mobility and visa matters
Washington, DC. Due to a failure to pass a relevant funding bill (government budget), a shutdown of the United States federal government began at 12 am EST on Saturday, January 20, 2018. Federal government’s operations will vary by agency, and “non-essential operations” of impacted agencies will be closed because of the shutdown. Following are impacts[Read More]
The Hill: Tech trade groups push Trump to allow H1B spouses work
The Hill: A coalition of major Washington, D.C., trade associations representing technology and other industries is urging the Department of Homeland Security (DHS) to preserve visas that allow spouses of H1B high-skilled workers to also be employed in the U.S. “Individuals looking to obtain H-4 authorization already legally reside in the United States and are[Read More]